Full Text of SB3518 97th General Assembly
SB3518enr 97TH GENERAL ASSEMBLY |
| | SB3518 Enrolled | | LRB097 16911 JDS 62099 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 5-1182 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 | 9 | | defined in Section 2 of the Charitable Games Act, from | 10 | | soliciting for charitable purposes, including solicitations | 11 | | taking place on public roadways from passing motorists, if all | 12 | | of 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: |
| | | SB3518 Enrolled | - 2 - | LRB097 16911 JDS 62099 b |
|
| 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 | 13 | | days after the filing date of the application, but may impose | 14 | | reasonable conditions in writing that are consistent with the | 15 | | intent of this Section and are based on articulated public | 16 | | safety concerns. By acting under this Section, a local agency | 17 | | does not waive or limit any immunity from liability provided by | 18 | | any other provision of law. | 19 | | (b) For purposes of this Section, "local agency" means a | 20 | | municipality, county, special district, fire district, joint | 21 | | powers of authority, or other political subdivision of the | 22 | | State of Illinois. | 23 | | (c) A home rule unit may not regulate a charitable | 24 | | organization in a manner that is inconsistent with this | 25 | | Section. This Section is a limitation under subsection (i) of | 26 | | Section 6 of Article VII of the Illinois Constitution on the |
| | | SB3518 Enrolled | - 3 - | LRB097 16911 JDS 62099 b |
|
| 1 | | concurrent exercise by home rule units of powers and functions | 2 | | exercised by the State. | 3 | | Section 10. The Illinois Municipal Code is amended by | 4 | | changing 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 | 7 | | municipality may prevent
and regulate all amusements and | 8 | | activities having a tendency to annoy or
endanger persons or | 9 | | property on the sidewalks, streets, and other municipal
| 10 | | property. However, no municipality may prohibit a charitable | 11 | | organization, as defined in Section 2 of the Charitable Games | 12 | | Act, from soliciting for charitable purposes, including | 13 | | solicitations taking place on public roadways from passing | 14 | | motorists, 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 |
| | | SB3518 Enrolled | - 4 - | LRB097 16911 JDS 62099 b |
|
| 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 | 14 | | business days after the filing date of the application, but may | 15 | | impose reasonable conditions in writing that are consistent | 16 | | with the intent of this Section and are based on articulated | 17 | | public safety concerns. By acting under this Section, a local | 18 | | agency does not waive or limit any immunity from liability | 19 | | provided by any other provision of law. | 20 | | (3) For purposes of this Section, "local agency" means a | 21 | | municipality, county, special district, fire district, joint | 22 | | powers of authority, or other political subdivision of the | 23 | | State of Illinois. | 24 | | A home rule unit may not regulate a charitable organization | 25 | | in a manner that is inconsistent with this Section. This | 26 | | Section is a limitation under subsection (i) of Section 6 of |
| | | SB3518 Enrolled | - 5 - | LRB097 16911 JDS 62099 b |
|
| 1 | | Article VII of the Illinois Constitution on the concurrent | 2 | | exercise by home rule units of powers and functions exercised | 3 | | by the State. | 4 | | (Source: Laws 1961, p. 576.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|