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.