SB3518 EngrossedLRB097 16911 JDS 62099 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-1182 as follows:
 
6    (55 ILCS 5/5-1182 new)
7    Sec. 5-1182. Charitable organizations; solicitation.
8    (a) No county may prohibit a charitable organization, as
9defined in Section 2 of the Charitable Games Act, from
10soliciting for charitable purposes, including solicitations
11taking place on public roadways from passing motorists, if all
12of the following requirements are met.
13        (1) The persons to be engaged in the solicitation are
14    law enforcement personnel, firefighters, or other persons
15    employed to protect the public safety of a local agency,
16    and those persons are soliciting solely in an area that is
17    within the service area of that local agency.
18        (2) The charitable organization files an application
19    with the municipality or county having jurisdiction over
20    the location or locations where the solicitation is to
21    occur. The applications shall be filed not later than 10
22    business days before the date that the solicitation is to
23    begin and shall include all of the following:

 

 

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1            (A) The date or dates and times of day when the
2        solicitation is to occur.
3            (B) The location or locations where the
4        solicitation is to occur.
5            (C) The manner and conditions under which the
6        solicitation is to occur.
7            (D) Proof of a valid liability insurance policy in
8        the amount of at least $1,000,000 insuring the charity
9        or local agency against bodily injury and property
10        damage arising out of or in connection with the
11        solicitation.
12    The county shall approve the application within 5 business
13days after the filing date of the application, but may impose
14reasonable conditions in writing that are consistent with the
15intent of this Section and are based on articulated public
16safety concerns. By acting under this Section, a local agency
17does not waive or limit any immunity from liability provided by
18any other provision of law.
19    (b) For purposes of this Section, "local agency" means a
20municipality, county, special district, fire district, joint
21powers of authority, or other political subdivision of the
22State of Illinois.
23    (c) A home rule unit may not regulate a charitable
24organization in a manner that is inconsistent with this
25Section. This Section is a limitation under subsection (i) of
26Section 6 of Article VII of the Illinois Constitution on the

 

 

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1concurrent exercise by home rule units of powers and functions
2exercised by the State.
 
3    Section 10. The Illinois Municipal Code is amended by
4changing Section 11-80-9 as follows:
 
5    (65 ILCS 5/11-80-9)  (from Ch. 24, par. 11-80-9)
6    Sec. 11-80-9. The corporate authorities of each
7municipality may prevent and regulate all amusements and
8activities having a tendency to annoy or endanger persons or
9property on the sidewalks, streets, and other municipal
10property. However, no municipality may prohibit a charitable
11organization, as defined in Section 2 of the Charitable Games
12Act, from soliciting for charitable purposes, including
13solicitations taking place on public roadways from passing
14motorists, if all of the following requirements are met.
15        (1) The persons to be engaged in the solicitation are
16    law enforcement personnel, firefighters, or other persons
17    employed to protect the public safety of a local agency,
18    and that are soliciting solely in an area that is within
19    the service area of that local agency.
20        (2) The charitable organization files an application
21    with the municipality or county having jurisdiction over
22    the location or locations where the solicitation is to
23    occur. The applications shall be filed not later than 10
24    business days before the date that the solicitation is to

 

 

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1    begin and shall include all of the following:
2            (A) The date or dates and times of day when the
3        solicitation is to occur.
4            (B) The location or locations where the
5        solicitation is to occur.
6            (C) The manner and conditions under which the
7        solicitation is to occur.
8            (D) Proof of a valid liability insurance policy in
9        the amount of at least $1,000,000 insuring the charity
10        or local agency against bodily injury and property
11        damage arising out of or in connection with the
12        solicitation.
13    The municipality shall approve the application within 5
14business days after the filing date of the application, but may
15impose reasonable conditions in writing that are consistent
16with the intent of this Section and are based on articulated
17public safety concerns. By acting under this Section, a local
18agency does not waive or limit any immunity from liability
19provided by any other provision of law.
20    (3) For purposes of this Section, "local agency" means a
21municipality, county, special district, fire district, joint
22powers of authority, or other political subdivision of the
23State of Illinois.
24    A home rule unit may not regulate a charitable organization
25in a manner that is inconsistent with this Section. This
26Section is a limitation under subsection (i) of Section 6 of

 

 

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1Article VII of the Illinois Constitution on the concurrent
2exercise by home rule units of powers and functions exercised
3by the State.
4(Source: Laws 1961, p. 576.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.