PART 2005 PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES : Sections Listing

TITLE 71: PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY
CHAPTER IV: SECRETARY OF STATE
PART 2005 PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES


AUTHORITY: Implementing and authorized by Section 5 of the Secretary of State Act [15 ILCS 305].

SOURCE: Adopted at 14 Ill. Reg. 7282, effective May 1, 1990; emergency amendment at 21 Ill. Reg. 6927, effective May 21, 1997, for a maximum of 150 days; emergency expired October 17, 1997; amended at 21 Ill. Reg. 14563, effective October 23, 1997; emergency amendment at 25 Ill. Reg. 15259, effective November 7, 2001, for a maximum of 150 days; emergency amendment repealed by emergency rulemaking at 25 Ill. Reg. 15656, effective November 27, 2001; emergency amendment at 25 Ill. Reg. 15658, effective November 27, 2001, for a maximum of 150 days; emergency expired April 25, 2002; amended at 26 Ill. Reg. 9948, effective June 24, 2002; amended at 36 Ill. Reg. 7662, effective May 2, 2012; amended at 39 Ill. Reg. 2710, effective February 5, 2015; amended at 42 Ill. Reg. 188, effective December 19, 2017; amended at 47 Ill. Reg. 17881, effective November 16, 2023.

 

Section 2005.10  Applicability

 

This Part is applicable to the use of the Stratton Building, the Visitors' Center, the Supreme Court Building, the Capitol Building, the Willard Ice Building, the Department of Driver Services Building, the Howlett Building, the State Library, the Archives Building, Driver's License Facility Mechanical Services Building at 316 North Klein, Klein and Mason Warehouse, Power Plant at 315 North Klein, Court of Claims, Appellate Court at 201 West Monroe, the Warehouses at 3701, 3710 and 3765 Winchester Road, the Index Department at 111 East Monroe, the Emergency Services at 110 East Adams, the Securities Department at 421 East Capitol, #2, the Secretary of State Police at 110 East Adams, the Herndon Building at 421 East Capitol, Property Control at 319 North Klein, and the grounds of those buildings, pursuant to Section 5 of the Secretary of State Act [15 ILCS 305/5].  Nothing in this Part gives the Director authority over the use of the rooms governed by the General Assembly including the Chambers, meeting rooms, committee rooms, or offices of the General Assembly.

 

(Source:  Amended at 47 Ill. Reg. 17881, effective November 16, 2023)

 

Section 2005.20  Definitions

 

"Building" means the Stratton Office Building, Visitors' Center, the Capitol Building, the Howlett Building, and other buildings named in Section 2005.10, in Springfield, Illinois.

 

"Capitol Complex" means all buildings, grounds, and parking lots identified in this Part with boundaries being Washington Street, Third Street, Cook Street, and Pasfield Street in the City of Springfield, based upon Section 3.08 of the Space Needs Act [25 ILCS 125/3.08].

 

"Commercial Activity" means an activity whose primary purpose is to obtain a profit for the benefit of an individual or business entity organized for profit and shall not include the solicitation of donations by anyone during a demonstration or for charitable purposes, as defined by the Charitable Trusts Act [760 ILCS 55] and Solicitation for Charity Act [225 ILCS 460].

 

"Demonstration" means demonstrating, picketing, marching, rallying, selling non-commercial printed matter or materials, moving in procession, holding of vigils, singing, chanting, or shouting in a loud voice of the type that could interfere with the business conducted in the building, and all other forms of public demonstrative activity that involve the communication or expression, orally or by conduct, of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd or onlookers within 100 feet of the buildings named in Section 2005.10, on the Capitol Complex grounds, or within the building or the Capitol.  Demonstration shall also mean demonstrating, parading, picketing, speechmaking, holding of vigils, sit-ins, or other activities, conducted for the purpose of demonstrating approval or disapproval of governmental policies or practices (or the lack thereof), expressing a view on public issues, or bringing into public notice any issue or other matter.  However, nothing in this Part shall be construed to govern lobbyists or lobbying as defined by the Lobbyist Registration Act [25 ILCS 170], nor shall a demonstration mean the peaceful contact or discussion by one or more persons with elected representatives during a legislative session, or with executive branch officials, concerning their view on a public or personal issue.

 

"Director" means the Director or Acting Director of the Department of Physical Services of the Office of the Secretary of State of Illinois.

 

"Food Truck" means a vehicle equipped to cook and sell food that has a valid, local mobile food service permit.

 

"Government Photo Identification Card" shall mean an employee identification card issued by any State, local or federal government or agency, or one issued by the Secretary of State to lobbyists, vendors and their employees and employees of State agencies that do not issue photo identification cards.

 

"Grounds" shall mean the grass areas, garden areas, and all parking areas in the Capitol Complex.

 

"Interfere" or "Interference" shall mean the type of conduct that by its nature tends to hinder, disrupt, or obstruct the orderly function of the official enterprises being carried on in the building or on the land of the building or Capitol Complex.

 

"Special Events Division" means the division within the Secretary of State's Department of Physical Services responsible for issuing permits for demonstrations or public displays within and upon the Capital Complex.

 

"Structure" shall mean anything, built by any person or persons, of any material or substance, for purposes of display, residence, or as part of a demonstration.  This term shall not refer to anything built pursuant to a State contract for construction, remodeling, or repair of any State property within the Capitol Complex or the buildings defined in Section 2005.10.

 

(Source:  Amended at 42 Ill. Reg. 188, effective December 19, 2017)

 

Section 2005.30  Business Hours, Holidays, and Public Access

 

a)         The public business hours of the Capitol Complex buildings are 8 a.m. to 5 p.m. unless otherwise posted, Monday through Friday, except holidays declared by the Governor pursuant to Section 5-635 of the Civil Administrative Code of Illinois [20 ILCS 5], and on weekends and holidays between 9 a.m. and 3 p.m. for purposes of public Capitol building tours only.  When the General Assembly is in session, or when the start of a committee meeting or session for either chamber is scheduled to commence before or adjourns after public business hours, the public business hours will begin one hour before the earliest committee meeting or session, and will end one hour after the adjournment of the last committee meeting or session in whatever building the legislative function is held.

 

b)         The following are observed holidays for the Capitol Complex:  New Year's Day, Martin Luther King, Jr. Birthday, Lincoln's Birthday, Washington's Birthday (President's Day), Easter Sunday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, General Election Day, Veterans' Day, Thanksgiving and the following day, Christmas Eve, and Christmas Day.

 

c)         Entrance to any building identified in Section 2005.10 during times other than stated in subsection (a) is prohibited, except for the following persons who shall be admitted to office areas assigned to them for their use in carrying out their official duties:

 

1)         members of the General Assembly;

 

2)         employees of the General Assembly;

 

3)         employees of the executive departments whose offices are in the building;

 

4)         representatives of news media who have offices in the Capitol Building;

 

5)         any authorized maintenance, repairer, contractor, or other service employee, while performing duties that have been arranged for by the Department of Physical Services or the Office of the Architect of the Capitol (OAC); and

 

6)         any person who is specifically requested to enter any building or office by an authorized individual listed in subsections (c)(1) to (4).

 

d)         Proper identification of all persons, such as a press pass, government photo identification card, a driver's license, or other document that shows the identity of the person, may be demanded by security personnel, and employees may be required to sign in and out of a building after 5 p.m. and before 7 a.m.  Only one entrance shall be open after public business hours. 

 

1)         Factors to be considered in determining that identification will be requested include, but are not limited to:

 

A)        the security guard or investigator does not recognize the individual;

 

B)        the behavior of the individual; and

 

C)        accessibility to office areas, work areas, and restricted-access areas.

 

2)         All persons entering the buildings of the Capitol Complex will be required to wear their government photo identification card where it can be easily seen at all times when it has been determined by the Director of the Department of Police that security concerns warrant that display.  All visitors to the Capitol Complex who do not possess a government photo identification card will be required to submit themselves to security screening measures prior to entry.  Lobbyists, vendors and their employees, and employees of State agencies that do not issue photo identification cards may be issued photo identification cards by the Secretary of State Department of Police.

 

e)         All persons and vehicles entering the Capitol Complex and its buildings may be subject to search, including, but not limited to, inspection of vehicles, trunks, parcels and packages, metal detector screening, X-Ray scans, and inspection of bulky personal items brought into the Capitol Complex.

 

f)         Parking for the public is not available on the Capitol Complex.  Parking in the parking lots of the Capitol Complex is by parking permit only.  All persons are prohibited from parking in assigned parking spaces without the appropriate permit. Employees and members identified as working within the Capitol Complex must park only in the parking spot assigned by their employer, with the parking placard visible in the vehicle. Parking in a spot without the appropriate parking placard clearly visible shall result in a parking citation issued by the Office of the Secretary of State Department of Police prescribed in Section 2005.80(c).  Parking for the public is authorized in the visitor's lot located on Edwards Street between College Street and Pasfield Street.

 

g)         Firearms, firearm ammunition, knives, razors or other blade instruments, stun guns or tasers, explosive devices, flammable, corrosive or explosive compounds, incendiary devices, irritants or noxious compounds (e.g., tear gas or pepper spray), toy or dummy weapons, all contraband, and any other items considered inappropriate or that could be used as a weapon are prohibited.  The Director of the Department of Police may permit exemptions to these prohibitions for law enforcement, military, and ceremonial personnel who are performing their official duties.

 

h)         Emergency personnel who are responding to a genuine emergency situation within the Capitol Complex are not subject to screening or searches.

 

i)          Public access to any building or area of the grounds may be restricted if it is determined by the Director of the Department of Police that a situation has arisen that threatens the security of persons and buildings within the Capitol Complex.

 

(Source:  Amended at 47 Ill. Reg. 17881, effective November 16, 2023)

 

Section 2005.40  Prohibited Activities

 

a)         No animals, except service animals to assist persons with disabilities, or animals utilized by police officers and firefighters in the performance of their official duties, shall be permitted in the buildings in the Capitol Complex.

 

b)         No person or organization shall camp, erect a tent, fixture, whether or not affixed to the grounds (except as authorized by the Secretary of State or General Assembly to commemorate a deceased public official or a historical event), structure, portable toilet, platform, sign, or similar device on the grounds of or within the State Capitol, Visitors' Center, the State Library, the Howlett Building, or the Stratton Building, except as provided in subsection (i).  No person shall sleep or shelter on the Capitol Grounds in a manner or place that may create a fire hazard or threaten the property or safety of any person on the Capitol Complex.

 

c)         No person or organization shall block, obstruct, or impede any doorway, stairway, corridor, ventilation duct, or elevator in or on the Capitol Complex.

 

d)         No demonstrations are allowed above the first floor of the Capitol Building; this includes singing, chanting, or shouting in a loud voice in such a manner that could interfere with the business conducted in the building.

 

e)         No banners, posters, placards, signs, or symbols may be carried above the first floor of the Capitol Building.  No sticks, poles, or laths may be used to carry any sign or placard into the buildings.  No chains or ropes may be carried into the buildings, except by authorized workers and State employees, with the permission of the Director.

 

f)         No person or group of persons may use any electronic loudspeaker, bullhorn, or other amplifying device within the Capitol Complex buildings or grounds, unless prior permission of the Director is obtained pursuant to Section 2005.50(d). Permission will be granted for demonstrations only.

 

g)         No banners, posters, placards, signs, or symbols may be affixed in any way by any person to the railing of the second, third, or fourth floor of the State Capitol Building.  No banners, posters, placards, signs, or symbols for demonstration purposes may be affixed in any way to the walls, railings, floors, or ceilings of any of the buildings in the Capitol Complex.

 

h)         No banners, posters, placards, signs, or symbols may be displayed within the Capitol Complex buildings or grounds for more than two weeks within a six-month period.

 

i)          No displays or structures (including tents) in Capitol Complex buildings or grounds may be erected without the permission of the Director pursuant to Section 2005.50(d).  Permission shall be granted only if the display structure is part of symbolic expression in the exercise of free speech guaranteed by the First Amendment to the United States Constitution and Article I, Sections 4 and 5 of the 1970 Illinois Constitution.  No more than 2 tents or small structures may be erected at the location designated by the Director. The location shall not impede pedestrian or vehicular traffic or substantially damage Capitol Complex grounds (e.g., damage to grass or grounds that would require replacement).  The only locations that are authorized for structures and displays shall be the paved areas between the Howlett Building and the Capitol Building, in the north front of the Howlett Building, between the Stratton Building and the Archives Building, and in the Capitol Rotunda pursuant to Section 2005.60(i).  No structures or displays will be placed on grass areas that have an underground watering system on them.

 

j)          The display of commercial signs, placards, or other forms of advertisement, or the sale, display, or vending of commercial products or articles in Capitol Complex buildings or grounds is prohibited, except pursuant to a contract with a unit of State government.

 

k)         The noise level from demonstrators, picketers, and protesters of any group or groups, or as individuals, within the Capitol Building rotunda must not exceed 75dB(A).  If the noise level from these persons exceeds this limit, the Director or the Director of the Department of Police, or a designee, shall direct all persons to decrease the noise, or to reduce the number of people, within the Capitol Building to lower the noise level to the specified level, which must not exceed 75dB(A).

 

l)          No person or organization shall damage, destroy, remove, deface, defile, tarnish, or injure in any way State property within Capitol Complex buildings or grounds.  All persons and organizations engaging in this type of prohibited activity will be responsible for all costs, expenses, damages, and liability resulting from their own actions or the actions of persons or organizations controlled or directed by them at the time of the damage to State property.

 

m)        No smoking, vaping, or use of electronic cigarettes is permitted in any building or structure in the Capitol Complex.

 

n)         No skateboard riding, rollerblading, recreational scooter riding, or skating is allowed on the Capitol Complex. The riding of bicycles is permitted only in parking lots of the Capitol Complex and not on any Capitol Complex sidewalks or pathways.

 

o)         No masks that cover a person's face may be worn on the Capitol Complex grounds or within any of the Capitol Complex buildings with the exception of the following:

 

1)         Masks designed to cover the nose and mouth for the purposes of preventing the spread or contraction of a respiratory infection;

 

2)         Religious head or face coverings when worn in accordance with sincerely held religious beliefs;

 

3)         Masks required to protect a worker while completing a construction task; or

 

4)         Hazmat or other masks worn by first responders.

 

p)         No person may operate an unmanned aerial vehicle (UAV), unmanned aircraft system (UAS), or device more commonly referred to as a "drone" on or from the Capitol Complex grounds or within the Capitol Complex buildings, except as permitted under Section 2005.65(d).

 

q)         No parking is allowed in permit-only parking lots on the Capitol Complex without a personally assigned parking placard.  A violation of this subsection will result in a parking citation as prescribed in 2005.80(c).  Parking for the public is authorized in the visitor's lot located on the Capitol Complex.

 

(Source:  Amended at 47 Ill. Reg. 17881, effective November 16, 2023)

 

Section 2005.50  Demonstrations

 

a)         The holding or conducting of any demonstration, public meeting, gathering, or parade on or in the buildings or their grounds is prohibited unless a permit for that activity is issued by the Director.  To apply for a permit, a Special Events form (https://www.ilsos.gov/publications/pdf_publications/bg56.pdf) must be submitted electronically to the Department of Physical Services, Special Events Division via email (SpecialEventRequest@ilsos.gov) at least 48 hours in advance of the event to be scheduled, unless the requestor can show by the preponderance of the evidence that the cause or reason for the requested demonstration, meeting, gathering or parade was not known, contemplated or reasonably foreseeable, resulted from changed circumstances, or was not in existence within those 48 hours, except that no such request shall take precedence over an activity that was previously scheduled by the Director.

 

b)         The Special Events form must state the name of the individual, organization, association, society, fraternity, sorority, club, or other group seeking to use the building or the grounds.  The request must list the event contact person, telephone numbers and address.  Additionally, the building or facility desired to be used, the dates and times sought, equipment to be used or supplied, and the estimated number of participants shall be provided by the applicant.  The permit will only be valid for the date and time approved by the Director and does not allow the group to demonstrate at any date or time other than that which has been approved.

 

c)         Any group seeking a permit under this Section must have a minimum of one usher per 25 participants.  Ushers shall be identified by insignia and their identities disclosed to security or police officials prior to the demonstration.  The usher's duties shall include making certain, to the best of that person's ability under the circumstances, that the conditions of the permit are met, that the group and participants comply with the rules, that the demonstration remains peaceful and orderly, and that the participants remain within the physical boundaries of the permit.

 

d)         The Director will issue a permit to an applicant unless the Director determines the intended activity will:

 

1)         Unreasonably interfere with the movement of vehicular traffic in the parking lots of the Capital Complex or persons within the buildings or on the grounds;

 

2)         Not occur in the area designated and will create or cause a health or safety hazard and will impede substantially the performance of public business to be conducted in the area;

 

3)         Endanger the health or safety of the permit applicants or other persons;

 

4)         Be a commercial activity or a fundraiser for an entity that is not a not-for-profit registered with the Secretary of State under 14 Ill. Adm. Code 160; or

 

5)         Conflict in date, time, and place with a previously scheduled activity of another applicant or a government agency. All Special Events forms are considered received based on the date and time of the receipt of the email and permits are issued on a first-come, first-served basis.

 

e)         Applicants may also be denied a permit if past demonstrations involving their organization/individuals have resulted in removal, arrest, or other substantial violation of this Part.

 

f)         Applicants denied a permit may modify their request to meet the objection and concerns of the Director and may resubmit their application for consideration.

 

g)         A Special Events form electronically submitted to the Special Events Division shall be considered an application.  A written response, via email from the Director or a designee approving part or all of the application, is considered the permit.  The written response will state the reasons for denying, in whole or in part, the request.  The Director or a designee is required to show by the preponderance of the evidence that an unreasonable interference will occur or is occurring if the request is denied in whole or in part.

 

h)         A person or organization denied a permit in whole or in part may appeal the denial to the Secretary of State.  The appeal shall be in writing in an email to SpecialEventRequest@ilsos.gov, and must state the specific reasons why the decision of the Director or the Director of the Department of Police is faulty and what relief is sought.  The appeal must be submitted at least 24 hours prior to the time of the requested demonstration to allow the Secretary of State time within which to consider and decide the appeal.  The Secretary of State's decision will be in writing via reply email and be made 48 hours after the appeal is received and at least 2 hours prior to the requested demonstration's time of starting.  The Secretary of State's decision shall be final for the purposes of the Administrative Review Law [735 ILCS 5/Art. III].

 

i)          Permitted demonstrations may be canceled without prior notice by the Director of the Department of Police if security concerns warrant such an action or if the Illinois Department of Public Health determines that a public health concern exists.

 

j)          Groups may be subject to time changes or cancellation if it is determined that the scheduled activity will unreasonably interfere with the legislative process or business within the Capitol Complex.

 

(Source:  Amended at 47 Ill. Reg. 17881, effective November 16, 2023)

 

Section 2005.60  Use of Building for Non-Demonstration Activity or Fund-Raising Events

 

a)         Not-for-profit organizations that apply to sell baked goods or other items with a price not to exceed $50.00 in the Capitol Complex buildings shall submit a Special Events form to the Department of Physical Services, Special Events Division at least 48 hours in advance of the desired start of their sale and in the same manner as outlined in Section 2005.50.  The application must state the name of the organization, the date requested for the sale or activity, the location requested, and any alternative dates and locations.

 

1)         Only one activity at a time will be approved by the Director for each location.

 

2)         The only locations allowed for the sales are the northwest lobby of the Howlett Building, the area on the south side of the Stratton Building Cafeteria, and the designated first-floor hallway area at the Department of Driver Services Building at 2701 South Dirksen Parkway.

 

3)         Sales may occur only during the public business hours.

 

4)         The Director will only approve applications to sell submitted by not-for-profit organizations, who must submit a copy of the organization's tax-exempt number form.  No organization without a tax-exempt number will be allowed to sell in the areas designated.

 

5)         If a not-for-profit organization is not authorized to transact business in the State of Illinois, as determined by the Secretary of State Department of Business Services, the application will be denied.

 

b)         No commercial activity, including but not limited to selling real estate, automobiles, or insurance, is allowed in the Capitol Complex buildings.

 

c)         No alcohol or alcoholic beverages are allowed to be sold, consumed, delivered, or used in the buildings, except as permitted by Section 6-15 of the Liquor Control Act of 1934 [235 ILCS 5].

 

d)         All organizations that are permitted to use the Capitol Complex or the buildings shall indemnify the State and the Secretary of State from any injury or damage caused by their members' or participants' negligence or willful misconduct. The members who cause the damage or injury are primarily responsible. The organization must also restore the used areas to their pre-use appearance and condition, less reasonable wear and tear, and the Director is the final decision-maker on the cleanup of the used area.  This subsection applies to those organizations listed in subsection (a) and any other organization receiving permission from the Director to use the specified buildings for meetings or parties.

 

e)         All Special Events forms requesting use of Capitol Complex buildings or grounds shall be submitted to the Special Events Division at least 48 hours in advance of the proposed starting time of the activity.

 

f)         Decorations cannot be applied by tape, glue, or any type of adhesive material to any part of the building, unless special arrangements have been made and approved by the Special Events Coordinator.  No candles, confetti, or balloons are allowed.  No smoke or fog machines are permitted.  Any other special effects equipment must have prior approval of the Special Events Division.

 

g)         No on-site cooking or warming of food with flames or burners, such as grilling or the use of Sterno or other canned heat, is permitted in the Capitol Complex or on the grounds, except as permitted under subsection (j).

 

h)         Permitted uses of the Capitol Complex may be canceled without prior notice by the Director of the Department of Police if security concerns warrant that action.

 

i)          Any entity that contacts the Special Events Division to erect a display in the Capitol building rotunda between Thanksgiving and New Year's Day shall be granted a permit to do so on a first-come, first-served basis with a total limit of 5 displays permitted at a time. A request for a display in any calendar year may be made any time on or after January 2 of the same calendar year. The displays, if applicable, must meet the following requirements:

 

1)         Any lights used in the displays must be LED lights;

 

2)         Decorations must be unbreakable or sufficiently secured to avoid damage;

 

3)         Any required equipment to set up or operate the display shall be provided by the entity;

 

4)         Displays must be assembled by the entity seeking to place the display; and

 

5)         Assembly and disassembly of the display must be coordinated with the Special Events Division for a business day.

 

j)          No more than two food trucks per calendar day may provide food and nonalcoholic beverages to individuals at the Department of Driver Services Building at 2701 South Dirksen Parkway, provided that the owner or operator of the food truck receives a permit from the Director of Physical Services to operate on a particular day. All food preparation shall be contained within the food truck and the food truck operator shall be responsible for removing all food waste and trash associated with the food truck operations. All water and other utility requirements shall be provided by the food truck operator. The designated food trucks may only be located in an area designated by the Director from 11 a.m. through 2 p.m. on the permitted day. If the Director of Driver Services, Director of Physical Services, or Director of the Department of Police, or their designees, determine that a food truck is interfering with Secretary of State daily operations or is causing a disturbance, the food truck may be asked to leave the premises for the remainder of the day.

 

(Source:  Amended at 47 Ill. Reg. 17881, effective November 16, 2023)

 

Section 2005.65  Operating Unmanned Aircraft on the Capitol Complex

 

a)         The purpose of these rules is to make sure the use of unmanned aircraft on the Capitol Complex is managed in a safe and secure manner and to protect the buildings and people on the Capitol Complex.  For this reason, the Capitol Complex is closed to launching, landing, or operating unmanned aircraft, subject to the conditions and exceptions in subsection (d).

 

b)         Definitions That Apply to This Section

 

1)         "Department" means the Illinois Secretary of State Department of Police.

 

2)         "Director" means the Director of the Illinois Secretary of State Department of Police.

 

3)         "National airspace system" means the airspace, navigation facilities, and airports of the United States.

 

4)         "Capitol Complex" means all State-owned or State-occupied buildings, grounds, and parking lots identified in this Part with boundaries being Washington Street, Third Street, Cook Street, and Pasfield Street in the City of Springfield and includes the buildings and spaces listed in Section 2005.10.  For the purposes of this specific Section, the definition also includes the airspace of the Capitol Complex.

 

5)         "Unmanned aircraft" means a system or device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, or communication links).  This term includes all types of systems or devices that meet this definition that are used for any purpose or activity, including but not limited to governmental, private, recreational, or commercial uses.  Some examples of unmanned aircraft include, but are not limited to, model airplanes, quadcopters, and drones.

 

c)         Use of Unmanned Aircraft is Prohibited. Launching, landing, or operating an unmanned aircraft from, on, or within the boundaries of the Capitol Complex is prohibited but for the exceptions in subsection (d) below.

 

d)         Exceptions.  The prohibition on launching, landing, or operating unmanned aircraft on the Capitol Complex does not apply to:

 

1)         emergency law enforcement and fire response operations;

 

2)         other operations designed to support responses to health and human safety emergencies, such as search and rescue, health and environmental incidents;

 

3)         United States national defense activities;

 

4)         activities necessary for the care and custody of the Capitol Complex when those activities have prior written approval by the Director; and

 

5)         flights required to document construction sites when those flights have been authorized by the Office of the Architect of the Capitol and advanced notification has been provided to the Director.

 

e)         Requirements for Obtaining Advance Approval from the Director

 

1)         Use of unmanned aircraft must be approved in advance and in writing by the Director.

 

2)         When considering approval or denial of requests, the Director must consider whether the activity will:

 

A)        present a clear and present danger to public safety or the Department of Public Health determines that the activity will present a clear and present danger to public health;

 

B)        cause risk of injury or damage to State property or State resources;

 

C)        be contrary to the purposes for which the Capitol Complex was established or unacceptably interrupts the functions performed on the Capitol Complex;

 

D)        unreasonably interfere with the ability of visitors to tour or assemble at the Capitol Complex, other scheduled programs or activities, or with the administrative activities performed on the Capitol Complex;

 

E)        substantially impair the operations of vendors or contractors working on the Capitol Complex;

 

F)         result in significant conflict with other existing uses or previously scheduled and permitted activities.

 

3)         The Director may condition any approval with reasonable time, place, and manner restrictions that the requestor must follow.

 

4)         Operators given permission by the Director to operate an unmanned aircraft on the Capitol Complex must comply with all restrictions imposed by the Director and all applicable State and federal laws and regulations, including but not limited to, the regulations of the Federal Aviation Administration.  This includes notifying and obtaining approval from all applicable State and federal entities, airports, air traffic control facilities, and helipads.  The operator may be required to submit proof of such prior approval to the Director before operating the unmanned aircraft.

 

5)         Requirements put in place by the Federal Aviation Administration on the use or operation of unmanned aircraft in the national airspace system must be followed.  Nothing in this rule is intended to modify any requirement put in place by the Federal Aviation Administration on the use or operation of unmanned aircraft in the national airspace system.

 

6)         The Department will coordinate with the Federal Aviation Administration regarding the use of unmanned aircraft on the Capitol Complex as may be required.

 

(Source:  Added at 47 Ill. Reg. 17881, effective November 16, 2023)

 

Section 2005.70  Distribution of Leaflets and Solicitation of Funds

 

a)         No organization, including charitable organizations and political parties or candidates, shall distribute leaflets to persons entering or in the buildings specified in Section 2005.10 of this Part, except from public sidewalks, walkways within the Capitol Complex, or on the north plaza of the Howlett Building.

 

b)         No such distribution shall be allowed in any automobile parking area under the control of the Director in Springfield, or within business areas in the buildings specified in Section 2005.10 of this Part.

 

c)         Activities included in subsection (a) of this Section shall not be allowed without the written permission of the Director, which shall not be withheld if the request pertains to political activity or charitable solicitation.  All requests to engage in this activity must be submitted in writing at least 48 hours in advance of the activity, unless the criteria for requests within less than 48 hours set forth in

Section 2005.50(a) are met.

 

d)         Pursuant to the State Officials and Employees Ethics Act [5 ILCS 430], no contributions regulated by the Election Code (see 10 ILCS 5/9-1.4) may be intentionally solicited, accepted, offered or made in the buildings or on the grounds of the buildings set forth in Section 2005.10 by public officials, by State employees, by candidates for elective office, by persons required to be registered under the Lobbyist Registration Act [25 ILCS 170], or by any officers, employees or agents of any political organization, except as allowed by 5 ILCS 430/5-35.

 

(Source:  Amended at 36 Ill. Reg. 7662, effective May 2, 2012)

 

Section 2005.80  Secretary of State Department of Police

 

a)         The Secretary of State's Department of Police enforces all laws within the Capitol Complex and the buildings specified within Section 2005.10, except for the Willard Ice Building.  The Illinois Department of Revenue provides security for the Willard Ice Building and its grounds.

 

b)         The Illinois statutes applicable to the presentation of order and peace within the specified buildings include, but are not limited to:

 

1)         criminal damage to State supported property [720 ILCS 5/21-1.01];

 

2)         trespass to State lands [720 ILCS 5/21-5];

 

3)         the unauthorized possession of explosives or explosive or incendiary devices [720 ILCS 5/20-2];

 

4)         mob action [720 ILCS 5/25-1];

 

5)         disorderly conduct [720 ILCS 5/26-1];

 

6)         interference with judicial procedure [720 ILCS 5/32];

 

7)         threatening a public official [720 ILCS 5/12-9]; and

 

8)         unauthorized use of parking places reserved for persons with disabilities [625 ILCS 5/11-1301.3].

 

c)         The Secretary of State Department of Police shall enforce parking regulations in the parking lots on the Capitol Complex.  The Office of the Architect of the Capitol (OAC) shall have the discretion to notify the Secretary of State when a parking matter requires Secretary of State Department of Police enforcement in OAC controlled lots.  In all other parking lots on the Capitol Complex, the Secretary of State shall have the discretion to enforce parking regulations without limitation.  Unauthorized parking in any permit-required parking spot on the Complex will result in the issuance of a parking citation and a $50 penalty per violation.  Any party that receives a parking citation may either pay the penalty or contest the citation through the Secretary of State's administrative hearing process (see 92 Ill. Adm. Code 1001, Subpart A).  If a party agrees to pay the citation, the party waives the ability to contest the administrative citation through the administrative hearing process.  A party shall have 30 calendar days after receiving the citation to either pay the penalty or file a request for an administrative hearing.  Failure to timely request an administrative hearing will result in the penalty being immediately due and owing.  Failure to pay the citation may result in the Secretary initiating collection actions as prescribed in 92 Ill. Adm. Code 1003.30 until the penalty is paid in full. 

 

(Source:  Amended at 47 Ill. Reg. 17881, effective November 16, 2023)

 

Section 2005.90  Severability

 

If a court of competent jurisdiction shall hold any provision of this Part to be invalid, that holding shall not affect the remaining portions of this Part.

 

(Source:  Amended at 26 Ill. Reg. 9948, effective June 24, 2002)