Bill Text: IA SSB1127 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to certain public safety personnel engaging in charitable solicitation on public roads and streets and making penalties applicable.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-02-03 - State Government: Dearden Chair,Dvorsky, and Johnson. [SSB1127 Detail]
Download: Iowa-2015-SSB1127-Introduced.html
Senate
Study
Bill
1127
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
certain
public
safety
personnel
engaging
1
in
charitable
solicitation
on
public
roads
and
streets
and
2
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
13C.1,
Code
2015,
is
amended
by
adding
1
the
following
new
unnumbered
paragraph
before
subsection
1:
2
NEW
UNNUMBERED
PARAGRAPH
.
For
the
purposes
of
this
chapter:
3
Sec.
2.
NEW
SECTION
.
13C.4
Authorized
solicitation
——
4
roadways.
5
1.
A
governmental
subdivision
of
this
state
shall
not
6
prohibit
a
charitable
organization
from
soliciting
for
7
charitable
purposes
in
a
road
or
street,
as
defined
in
section
8
306.3,
in
that
governmental
subdivision
if
the
charitable
9
organization
complies
with
the
following
requirements:
10
a.
The
charitable
organization
files
an
application
with
11
the
clerk
of
the
governing
body
of
the
governmental
subdivision
12
no
later
than
ten
business
days
prior
to
the
date
when
the
13
solicitation
will
commence.
For
an
application
to
be
valid
14
under
this
paragraph
it
shall
to
include
all
of
the
following:
15
(1)
The
dates
and
times
of
day
when
the
solicitation
is
to
16
occur.
17
(2)
The
location
on
any
road
or
street
where
the
18
solicitation
is
to
occur.
19
(3)
A
description
of
the
manner
of
solicitation
and
the
20
conditions
under
which
the
solicitation
is
to
occur.
21
(4)
An
acknowledgment
that
the
charitable
organization
will
22
comply
with
the
provisions
of
paragraph
“b”
.
23
(5)
Proof
of
a
valid
liability
insurance
policy,
as
24
described
in
paragraph
“c”
.
25
b.
The
charitable
organization
restricts
the
persons
who
26
will
be
conducting
the
solicitation
to
peace
officers,
fire
27
fighters,
emergency
medical
services
providers,
or
other
28
persons
employed,
or
who
volunteer,
to
protect
public
safety
29
for
or
by
that
governmental
subdivision.
30
c.
The
charitable
organization
provides
the
governmental
31
subdivision
with
proof
of
a
valid
liability
insurance
policy
32
of
at
least
one
million
dollars,
insuring
the
charitable
33
organization
and
the
governmental
subdivision
against
bodily
34
injury
claims
and
property
damage
claims
arising
out
of
or
in
35
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connection
with
the
solicitation
described
in
the
application.
1
2.
The
clerk
of
the
governing
body
of
a
governmental
2
subdivision
shall
review
an
application
submitted
pursuant
to
3
subsection
1,
paragraph
“a”
.
If
the
clerk
determines
that
the
4
application
is
valid,
the
clerk
shall
approve
the
application
5
within
five
business
days
following
receipt
of
the
application.
6
Sec.
3.
Section
331.301,
Code
2015,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
17.
A
county
shall
not
adopt
or
enforce
an
9
ordinance
imposing
any
restriction
contrary
to
the
provisions
10
of
section
13C.4.
11
Sec.
4.
Section
364.3,
Code
2015,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
11.
A
city
shall
not
adopt
or
enforce
an
14
ordinance
imposing
any
restriction
contrary
to
the
provisions
15
of
section
13C.4.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
prohibits
cities
and
counties
from
restricting
20
certain
public
safety
personnel
from
charitable
solicitation
in
21
roads
and
streets
under
their
respective
jurisdictions.
22
The
bill
provides
that
a
governmental
subdivision
of
23
this
state
shall
not
prohibit
a
charitable
organization
24
from
soliciting
for
charitable
purposes
in
a
road
or
street,
25
as
defined
in
Code
section
306.3,
in
that
governmental
26
subdivision
if
the
charitable
organization
complies
with
27
certain
requirements.
The
bill
requires
that
the
charitable
28
organization
file
an
application
with
the
clerk
of
the
29
governing
body
of
the
governmental
subdivision
no
later
30
than
10
business
days
before
the
date
when
the
solicitation
31
will
commence.
The
clerk
of
the
governing
body
is
required
32
to
review
and,
if
the
application
is
valid,
approve
the
33
application
within
five
business
days
following
receipt
of
the
34
application.
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A
valid
application
is
required
to
include
the
dates
and
1
times
of
day,
the
locations,
and
a
description
of
the
manner
2
of
solicitation,
along
with
a
description
of
the
conditions
3
under
which
the
solicitation
will
occur.
The
bill
requires
a
4
charitable
organization
to
restrict
the
persons
to
be
engaged
5
in
soliciting
in
a
road
or
street
to
only
peace
officers,
6
fire
fighters,
emergency
medical
services
providers,
or
7
other
persons
employed,
or
who
volunteer,
to
protect
public
8
safety
for
or
by
that
governmental
subdivision.
The
bill
9
further
requires
the
charitable
organization
to
provide
the
10
governmental
subdivision
with
proof
of
a
valid
liability
11
insurance
policy
of
at
least
$1,000,000
that
insures
the
12
charitable
organization
and
the
governmental
subdivision
13
against
bodily
injury
claims
and
property
damage
claims
arising
14
out
of
or
in
connection
with
the
solicitation.
15
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