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Rickey Garnes had been asking for spare change along Shady Grove Road for a little more than a year when he decided to try something different to encourage drivers to open their wallets.

Garnes, 55, strapped a trash bag to his chest and a bright yellow vest that reads, "Curb Patrol." Garnes, who is homeless, allows drivers to hand him their trash — or throw their empty cups and food wrappers into his bag.

"Sometimes they have cash. Sometimes they have trash. Sometimes it's both," he said. "But if I have to be out here, I might as well be doing something constructive."

Garnes also cleans up trash near the median where he stands almost daily — at the intersection of Shady Grove Road and Md. 355 near the Rockville-Gaithersburg border.

Now, Garnes says he is worried a proposal by County Executive Isiah Leggett (D) could harm what he considers his business or lead to a requirement that the money he collects be taxed.

Montgomery County panhandlers such as Garnes would have to apply for permits to ask drivers for spare change under legislation Leggett is requesting from state lawmakers.

Leggett said panhandlers often stand in the median strip of county roads — which is allowed under county law — but that many approach drivers by walking into the street, which is not.

In the county, panhandling is legal, but aggressive panhandling is not. Aggressive panhandling involves using verbal or physical threats when seeking donations.

A permitting system would allow the government to better regulate panhandling and other solicitations — from medians or roadsides — by tracking panhandlers and educating them on the rules, Leggett said.

Sen. Jamie B. Raskin (D-Dist. 20) of Takoma Park said he plans to sponsor a bill that would allow the county to create a permitting system. An identical bill will be filed in the House, he said.

The permits would be required for panhandlers and groups such as charities that solicit money. People selling items such as flowers or water along the road also would be included.

Under state law, solicitation is banned along state roads. The proposed legislation would allow the county to pass a law regulating this violation — making it a civil citation.

"By regulating this with permits, we make roadside solicitation less common, more enforceable," said county spokesman Patrick K. Lacefield.

A bill introduced by Raskin in 2009 would have required the permits — not simply given the county the authority to require them.

The recommended legislation is the product of a task force that was formed in 2010 to study roadway solicitation in the county. The group formed after complaints from drivers and businesses that panhandlers were making driving conditions unsafe and were affecting sales.

Leggett said it is likely a small fee would be charged for the permits, perhaps the $2 or $3 it costs to process them. Leggett said he was unsure whether the permits would be issued annually or just once.

"At a number of intersections there is aggressive solicitation of motorists in their cars by people who come into the road," said Raskin, a member of the task force. "It's a huge traffic and safety hazard, in addition to slowing down traffic."

Dan McGrath, 45, said he has been panhandling for about one year. McGrath, who grew up in Gaithersburg, was standing last week in the median at the intersection of Md. 355 and Shady Grove Road with a sign reading, "Homeless; lost job; need support; God bless."

Three other panhandlers were stationed in different medians at the same intersection. Two stepped into the road to solicit drivers.

McGrath, who said he typically takes in $40 per day — "if you're lucky you get $100" — said he would be willing to get a permit to continue panhandling.

"Don't arrest us," he said. "Just tell us to go to the courthouse [and get the permit]. We'll go."

County police did not respond to questions about how the current law is enforced.

Garnes, who said he was married last month, declined to say how much he receives on a typical day. He questioned whether the proposed permits would be expensive, and called the idea "ridiculous."

"The whole reason why you're out here is you don't have a job," Garnes said. "Now they're going to make it like a job where you have to pay taxes and report your income."

Seven Maryland counties have banned roadway soliciting: Anne Arundel, Carroll, Charles, Frederick, Harford, Prince George's and Washington. Cecil County issues one-day permits for groups, including fire companies and charities.

In Howard County, permits can be purchased for $100 four times per year, and Baltimore County issues as many as a dozen permits per year at no charge.

Leggett's proposal calls for permits for groups, such as firefighters who stage "fill the boot" fundraisers, and individuals.

Donnie Simmons, a career firefighter who coordinates the annual fundraiser for the county firefighters union, served on the task force that proposed the permits and said it is unclear how it might impact the fundraiser.

"How it will affect us is dependent on how it's written," Simmons said. "A one-time permit for one day, that would hurt us. We do three days."

Firefighters stand along the side of the road and ask drivers for donations for the Muscular Dystrophy Association.

Simmons said the "fill the boot" fundraiser, coordinated by the Montgomery County Career Fire Fighters Association, IAFF Local 1664, raised more than $212,000 last year — the 26th annual fundraising campaign.

Although legal questions have been raised about whether permits or other restrictions on soliciting and panhandling might infringe on freedom of speech, the task force cites Maryland attorney general opinions that say permits and full bans are constitutional.

"All freedom of speech is subject to reasonable time, place and manner regulations," said Raskin, a constitutional attorney.

Tulin Ozdeger, civil rights director of the National Law Center on Homelessness and Poverty, said permitting could be the first step toward an outright ban on panhandling.

"They tend not to actually solve the underlying problem," Ozdeger said of permit procedures.

Montgomery County Councilman George L. Leventhal (D-At large) of Takoma Park, who served on the roadside solicitation task force, said the group's report included suggestions beyond permits, including outreach and community education.

"If a county resident is standing on a street corner literally begging for help, it is my hope that we could find them some help," he said.

The county does not track the number of panhandlers on its roads, Leventhal said. But the number of county homeless typically is between 1,100 and 1,200, he said.

"We do not have any reason to think that all panhandlers are homeless or all homeless are panhandlers," Leventhal said.