SB3518 EnrolledLRB097 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.