Bill Text: IA SF163 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to persons soliciting donations from passing motorists on behalf of charitable organizations.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2017-02-01 - Subcommittee: Garrett, Guth, and McCoy. S.J. 198. [SF163 Detail]
Download: Iowa-2017-SF163-Introduced.html
Senate File 163 - Introduced SENATE FILE BY TAYLOR, DOTZLER, BOWMAN, KINNEY, HART, ALLEN, JOCHUM, LYKAM, MATHIS, RAGAN, QUIRMBACH, BOULTON, DANIELSON, DVORSKY, BISIGNANO, and McCOY A BILL FOR 1 An Act relating to persons soliciting donations from passing 2 motorists on behalf of charitable organizations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1237XS (3) 87 ns/nh PAG LIN 1 1 Section 1. Section 13C.1, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 2A. "Local authority" means a city as 1 4 defined in section 362.2 or a county as provided in chapter 1 5 331. 1 6 Sec. 2. NEW SECTION. 13C.4 Authorized solicitations ==== 1 7 roads and streets. 1 8 1. A person may solicit contributions from passing 1 9 motorists while standing on a road or street, as those terms 1 10 are defined in section 306.3, if the solicitation is for 1 11 charitable purposes on behalf of a charitable organization and 1 12 all of the following requirements are met: 1 13 a. The person is a law enforcement official or fire 1 14 fighter for, or is otherwise employed by or volunteers for, a 1 15 governmental entity related to the public safety of a local 1 16 authority. 1 17 b. The solicitation occurs within the jurisdiction of the 1 18 local authority by which the person is employed or for which 1 19 the person volunteers. 1 20 c. The charitable organization submits an application to the 1 21 local authority with jurisdiction over the locations where the 1 22 solicitation will occur at least ten business days prior to the 1 23 date the solicitation will first occur. The application shall 1 24 include all of the following: 1 25 (1) The dates and times when the solicitation will occur. 1 26 (2) The locations on the roads or streets where the 1 27 solicitation will occur. 1 28 (3) The manner and conditions under which the solicitation 1 29 will occur. 1 30 (4) Proof of a valid liability insurance policy covering the 1 31 charitable organization, the local authority, and all persons 1 32 involved in the solicitation in the amount of at least one 1 33 million dollars for bodily injury and property damage arising 1 34 out of or occurring in connection with the solicitation. 1 35 d. The local authority approves the application submitted 2 1 pursuant to paragraph "c". 2 2 2. A local authority shall review and approve an application 2 3 submitted pursuant to subsection 1, paragraph "c", within five 2 4 business days after the filing date of the application if the 2 5 requirements set forth in subsection 1, paragraph "c", are 2 6 met. A local authority may require an application fee in a 2 7 reasonable amount to be paid with an application submitted 2 8 pursuant to subsection 1, paragraph "c". By approving an 2 9 application pursuant to this subsection, a local authority does 2 10 not waive or limit any immunity from liability provided by any 2 11 other provision of law. 2 12 Sec. 3. Section 13C.8, subsection 2, Code 2017, is amended 2 13 to read as follows: 2 14 2. A violation of this chapter is a violation of section 2 15 714.16, subsection 2, paragraph "a". The provisions of section 2 16 714.16, including but not limited to provisions relating to 2 17 investigation, injunctive relief, and penalties, shall apply to 2 18 this chapter. This subsection shall not apply to violations 2 19 under section 13C.4. 2 20 Sec. 4. LOCAL ORDINANCES VOID == VALIDITY OF 2 21 PROCEEDINGS. On July 1, 2017, all local ordinances, 2 22 regulations, and rules not consistent with this Act are 2 23 void. However, this Act shall not affect the validity of any 2 24 proceeding brought or punishment imposed prior to July 1, 2017, 2 25 for a violation of such a local ordinance, regulation, or rule. 2 26 EXPLANATION 2 27 The inclusion of this explanation does not constitute agreement with 2 28 the explanation's substance by the members of the general assembly. 2 29 This bill permits a person to solicit contributions from 2 30 passing motorists while standing on a road or street if 2 31 the solicitation is for charitable purposes on behalf of a 2 32 charitable organization and certain requirements are met. The 2 33 bill requires the person to be a law enforcement official or 2 34 fire fighter for, or to otherwise be employed by or volunteer 2 35 for, a governmental entity related to the public safety 3 1 of a local authority. In addition, the bill requires that 3 2 the solicitation occur within the jurisdiction of the local 3 3 authority by which the person is employed or for which the 3 4 person volunteers. The bill also requires the charitable 3 5 organization to submit an application to the local authority 3 6 with jurisdiction over the locations where the solicitation 3 7 will occur at least 10 business days prior to the date the 3 8 solicitation will first occur. The application must include 3 9 the dates and times when the solicitation will occur, the 3 10 locations on the roads or streets where the solicitation will 3 11 occur, the manner and conditions under which the solicitation 3 12 will occur, and proof of a valid liability insurance policy 3 13 covering the charitable organization, the local authority, and 3 14 all persons involved in the solicitation in the amount of at 3 15 least $1,000,000 for bodily injury and property damage arising 3 16 out of or occurring in connection with the solicitation. 3 17 The bill requires a local authority to review and approve 3 18 such an application within five business days after the filing 3 19 date of the application if the requirements set forth in the 3 20 bill are met. The bill permits a local authority to require 3 21 an application fee in a reasonable amount to be paid with a 3 22 submitted application. By approving an application pursuant 3 23 to the bill, a local authority does not waive or limit any 3 24 immunity from liability provided by any other provision of law. 3 25 The bill provides that on July 1, 2017, all local ordinances, 3 26 regulations, and rules not consistent with the bill are 3 27 void. However, the bill does not affect the validity of any 3 28 proceeding brought or punishment imposed prior to July 1, 2017, 3 29 for a violation of such a local ordinance, regulation, or rule. LSB 1237XS (3) 87 ns/nh
