Full Text of HB1605 97th General Assembly
HB1605eng 97TH GENERAL ASSEMBLY |
| | HB1605 Engrossed | | LRB097 07147 KMW 47249 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 the | 12 | | 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 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: |
| | | HB1605 Engrossed | - 2 - | LRB097 07147 KMW 47249 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. 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 | 20 | | municipality, county, special district, fire district, joint | 21 | | powers of authority, or other political subdivision of the | 22 | | State of Illinois. | 23 | | Section 10. The Illinois Municipal Code is amended by | 24 | | changing Section 11-80-9 as follows:
|
| | | HB1605 Engrossed | - 3 - | LRB097 07147 KMW 47249 b |
|
| 1 | | (65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
| 2 | | Sec. 11-80-9.
The corporate authorities of each | 3 | | municipality may prevent
and regulate all amusements and | 4 | | activities having a tendency to annoy or
endanger persons or | 5 | | property on the sidewalks, streets, and other municipal
| 6 | | property. However, no municipality may prohibit a charitable | 7 | | organization, as defined in Section 2 of the Charitable Games | 8 | | Act, from soliciting for charitable purposes, including | 9 | | solicitations taking place on public roadways from passing | 10 | | motorists, if the following requirements are met:
| 11 | | (1) The persons to be engaged in the solicitation are law | 12 | | enforcement personnel, firefighters, or other persons employed | 13 | | to protect the public safety of a local agency, and that are | 14 | | soliciting solely in an area that is within the service area of | 15 | | that local agency. | 16 | | (2) The charitable organization files an application with | 17 | | the municipality or county having jurisdiction over the | 18 | | location or locations where the solicitation is to occur. The | 19 | | applications shall be filed not later than 10 business days | 20 | | before the date that the solicitation is to begin and shall | 21 | | include 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 |
| | | HB1605 Engrossed | - 4 - | LRB097 07147 KMW 47249 b |
|
| 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 | 15 | | municipality, county, special district, fire district, joint | 16 | | powers of authority, or other political subdivision of the | 17 | | State of Illinois. | 18 | | (Source: Laws 1961, p. 576.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
|
|