HB1605 EngrossedLRB097 07147 KMW 47249 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 the 
12following 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 that are soliciting solely in an area that is within 
17    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.  The county shall approve the application 
12        within 5 business days after the filing date of the 
13        application, but may impose reasonable conditions in 
14        writing that are consistent with the intent of this 
15        Section and are based on articulated public safety 
16        concerns. By acting under this Section, a local agency 
17        does not waive or limit any immunity from liability 
18        provided by any 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    Section 10. The Illinois Municipal Code is amended  by 
24changing Section 11-80-9 as follows:
 



 
 
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1    (65 ILCS 5/11-80-9)  (from Ch. 24, par. 11-80-9)



2    Sec. 11-80-9. 
The corporate authorities of each 
3municipality may prevent
and regulate all amusements and 
4activities having a tendency to annoy or
endanger persons or 
5property on the sidewalks, streets, and other municipal

6property. However, no municipality may prohibit a charitable 
7organization, as defined in Section 2 of the Charitable Games 
8Act, from soliciting for charitable purposes, including 
9solicitations taking place on public roadways from passing 
10motorists, if the following requirements are met: 

11    (1) The persons to be engaged in the solicitation are law 
12enforcement personnel, firefighters, or other persons employed 
13to protect the public safety of a local agency, and that are 
14soliciting solely in an area that is within the service area of 
15that local agency. 
16    (2) The charitable organization files an application with 
17the municipality or county having jurisdiction over the 
18location or locations where the solicitation is to occur.  The 
19applications shall be filed not later than 10 business days 
20before the date that the solicitation is to begin and shall 
21include all of the following: 
22        (A) The date or dates and times of day when the 
23    solicitation is to occur.
24        (B) The location or locations where the solicitation is 
25    to occur. 
26        (C) The manner and conditions under which the 
 
 
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1    solicitation is to occur. 
2        (D) Proof of a valid liability insurance policy in the 
3    amount of at least $1,000,000 insuring the charity or local 
4    agency against bodily injury and property damage arising 
5    out of or in connection with the solicitation.  The 
6    municipality shall approve the application within 5 
7    business days after the filing date of the application, but 
8    may impose reasonable conditions in writing that are 
9    consistent with the intent of this Section and are based on 
10    articulated public safety concerns. By acting under this 
11    Section, a local agency does not waive or limit any 
12    immunity from liability provided by any other provision of 
13    law. 
14    (3) For purposes of this Section, "local agency" means a 
15municipality, county, special district, fire district, joint 
16powers of authority, or other political subdivision of the 
17State of Illinois. 
18(Source: Laws 1961, p. 576.)

 
 
19    Section 99. Effective date. This Act takes effect upon 
20becoming law.