Full Text of HB0956 98th General Assembly
HB0956enr 98TH GENERAL ASSEMBLY |
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| 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 changing Section | 5 | | 5-1182 as follows: | 6 | | (55 ILCS 5/5-1182) | 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: |
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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 along with a list of 3 | 5 | | alternate locations listed in order of preference . | 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 county shall approve the application within 5 business | 14 | | days after the filing date of the application, but may impose | 15 | | reasonable conditions in writing that are consistent with the | 16 | | intent of this Section and are based on articulated public | 17 | | safety concerns. If the county determines that the applicant's | 18 | | location cannot be permitted due to significant safety | 19 | | concerns, such as high traffic volumes, poor geometrics, | 20 | | construction, maintenance operations, or past accident | 21 | | history, then the county may deny the application for that | 22 | | location and must approve one of the 3 alternate locations | 23 | | following the order of preference submitted by the applicant on | 24 | | the alternate location list. By acting under this Section, a | 25 | | local agency does not waive or limit any immunity from | 26 | | liability provided by any other provision of law. |
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| 1 | | (b) For purposes of this Section, "local agency" means a | 2 | | municipality, county, special district, fire district, joint | 3 | | powers of authority, or other political subdivision of the | 4 | | State of Illinois. | 5 | | (c) A home rule unit may not regulate a charitable | 6 | | organization in a manner that is inconsistent with this | 7 | | Section. This Section is a limitation under subsection (i) of | 8 | | Section 6 of Article VII of the Illinois Constitution on the | 9 | | concurrent exercise by home rule units of powers and functions | 10 | | exercised by the State.
| 11 | | (Source: 09700SB3518eng.) | 12 | | Section 10. The Illinois Municipal Code is amended by | 13 | | changing Section 11-80-9 as follows:
| 14 | | (65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
| 15 | | Sec. 11-80-9.
The corporate authorities of each | 16 | | municipality may prevent
and regulate all amusements and | 17 | | activities having a tendency to annoy or
endanger persons or | 18 | | property on the sidewalks, streets, and other municipal
| 19 | | property. However, no municipality may prohibit a charitable | 20 | | organization, as defined in Section 2 of the Charitable Games | 21 | | Act, from soliciting for charitable purposes, including | 22 | | solicitations taking place on public roadways from passing | 23 | | motorists, if all of the following requirements are met.
| 24 | | (1) The persons to be engaged in the solicitation are |
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| 1 | | law enforcement personnel, firefighters, or other persons | 2 | | employed to protect the public safety of a local agency, | 3 | | and that are soliciting solely in an area that is within | 4 | | the service area of that local agency. | 5 | | (2) The charitable organization files an application | 6 | | with the municipality or county having jurisdiction over | 7 | | the location or locations where the solicitation is to | 8 | | occur. The applications shall be filed not later than 10 | 9 | | business days before the date that the solicitation is to | 10 | | begin and shall include all of the following: | 11 | | (A) The date or dates and times of day when the | 12 | | solicitation is to occur. | 13 | | (B) The location or locations where the | 14 | | solicitation is to occur along with a list of 3 | 15 | | alternate locations listed in order of preference . | 16 | | (C) The manner and conditions under which the | 17 | | solicitation is to occur. | 18 | | (D) Proof of a valid liability insurance policy in | 19 | | the amount of at least $1,000,000 insuring the charity | 20 | | or local agency against bodily injury and property | 21 | | damage arising out of or in connection with the | 22 | | solicitation. | 23 | | The municipality shall approve the application within 5 | 24 | | business days after the filing date of the application, but may | 25 | | impose reasonable conditions in writing that are consistent | 26 | | with the intent of this Section and are based on articulated |
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| 1 | | public safety concerns. If the municipality determines that the | 2 | | applicant's location cannot be permitted due to significant | 3 | | safety concerns, such as high traffic volumes, poor geometrics, | 4 | | construction, maintenance operations, or past accident | 5 | | history, then the municipality may deny the application for | 6 | | that location and must approve one of the 3 alternate locations | 7 | | following the order of preference submitted by the applicant on | 8 | | the alternate location list. By acting under this Section, a | 9 | | local agency does not waive or limit any immunity from | 10 | | liability provided by any other provision of law. | 11 | | (3) For purposes of this Section, "local agency" means a | 12 | | municipality, county, special district, fire district, joint | 13 | | powers of authority, or other political subdivision of the | 14 | | State of Illinois. | 15 | | A home rule unit may not regulate a charitable organization | 16 | | in a manner that is inconsistent with this Section. This | 17 | | Section is a limitation under subsection (i) of Section 6 of | 18 | | Article VII of the Illinois Constitution on the concurrent | 19 | | exercise by home rule units of powers and functions exercised | 20 | | by the State. | 21 | | (Source: Laws 1961, p. 576; 09700SB3518eng.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law. |
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