98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0956

 

Introduced 1/25/2013, by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1182
65 ILCS 5/11-80-9  from Ch. 24, par. 11-80-9

    Amends the Counties Code and the Illinois Municipal Code. Requires the charitable organization seeking an exemption from the prohibition on charitable solicitation to also provide the county or municipality, as applicable, with a list of 3 alternate solicitation locations. Provides that if the county or municipality determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past accident history, then the county or municipality may deny the application for that location and must approve one of the 3 alternate locations following the order of preference submitted by the applicant on the alternate location list. Also makes technical changes. Effective immediately.


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A BILL FOR

 

HB0956LRB098 03797 OMW 33813 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 changing Section
55-1182 as follows:
 
6    (55 ILCS 5/5-1182)
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 along with a list of 3
5        alternate locations listed in order of preference.
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 county shall approve the application within 5 business
14days after the filing date of the application, but may impose
15reasonable conditions in writing that are consistent with the
16intent of this Section and are based on articulated public
17safety concerns. If the county determines that the applicant's
18location cannot be permitted due to significant safety
19concerns, such as high traffic volumes, poor geometrics,
20construction, maintenance operations, or past accident
21history, then the county may deny the application for that
22location and must approve one of the 3 alternate locations
23following the order of preference submitted by the applicant on
24the alternate location list. By acting under this Section, a
25local agency does not waive or limit any immunity from
26liability provided by any other provision of law.

 

 

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1    (b) For purposes of this Section, "local agency" means a
2municipality, county, special district, fire district, joint
3powers of authority, or other political subdivision of the
4State of Illinois.
5    (c) A home rule unit may not regulate a charitable
6organization in a manner that is inconsistent with this
7Section. This Section is a limitation under subsection (i) of
8Section 6 of Article VII of the Illinois Constitution on the
9concurrent exercise by home rule units of powers and functions
10exercised by the State.
11(Source: 09700SB3518eng.)
 
12    Section 10. The Illinois Municipal Code is amended by
13changing Section 11-80-9 as follows:
 
14    (65 ILCS 5/11-80-9)  (from Ch. 24, par. 11-80-9)
15    Sec. 11-80-9. The corporate authorities of each
16municipality may prevent and regulate all amusements and
17activities having a tendency to annoy or endanger persons or
18property on the sidewalks, streets, and other municipal
19property. However, no municipality may prohibit a charitable
20organization, as defined in Section 2 of the Charitable Games
21Act, from soliciting for charitable purposes, including
22solicitations taking place on public roadways from passing
23motorists, if all of the following requirements are met.
24        (1) The persons to be engaged in the solicitation are

 

 

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1    law enforcement personnel, firefighters, or other persons
2    employed to protect the public safety of a local agency,
3    and that are soliciting solely in an area that is within
4    the service area of that local agency.
5        (2) The charitable organization files an application
6    with the municipality or county having jurisdiction over
7    the location or locations where the solicitation is to
8    occur. The applications shall be filed not later than 10
9    business days before the date that the solicitation is to
10    begin and shall include all of the following:
11            (A) The date or dates and times of day when the
12        solicitation is to occur.
13            (B) The location or locations where the
14        solicitation is to occur along with a list of 3
15        alternate locations listed in order of preference.
16            (C) The manner and conditions under which the
17        solicitation is to occur.
18            (D) Proof of a valid liability insurance policy in
19        the amount of at least $1,000,000 insuring the charity
20        or local agency against bodily injury and property
21        damage arising out of or in connection with the
22        solicitation.
23    The municipality shall approve the application within 5
24business days after the filing date of the application, but may
25impose reasonable conditions in writing that are consistent
26with the intent of this Section and are based on articulated

 

 

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1public safety concerns. If the municipality determines that the
2applicant's location cannot be permitted due to significant
3safety concerns, such as high traffic volumes, poor geometrics,
4construction, maintenance operations, or past accident
5history, then the municipality may deny the application for
6that location and must approve one of the 3 alternate locations
7following the order of preference submitted by the applicant on
8the alternate location list. By acting under this Section, a
9local agency does not waive or limit any immunity from
10liability provided by any other provision of law.
11    (3) For purposes of this Section, "local agency" means a
12municipality, county, special district, fire district, joint
13powers of authority, or other political subdivision of the
14State of Illinois.
15    A home rule unit may not regulate a charitable organization
16in a manner that is inconsistent with this Section. This
17Section is a limitation under subsection (i) of Section 6 of
18Article VII of the Illinois Constitution on the concurrent
19exercise by home rule units of powers and functions exercised
20by the State.
21(Source: Laws 1961, p. 576; 09700SB3518eng.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.