Bill Text: IL HB1605 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Counties Code and the Illinois Municipal Code. Provides that no county or municipality may prohibit a charitable organization from soliciting for charitable purposes, including solicitations taking place on public roadways from passing motorists, if certain requirements are met. Sets forth the requirements concerning the solicitation regarding the groups involved, application requirements, and liability insurance. Defines "local agency" to mean a municipality, county, special district, fire district, joint powers of authority, or other political subdivision of the State of Illinois. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB1605 Detail]

Download: Illinois-2011-HB1605-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-1182 as follows:
(55 ILCS 5/5-1182 new)
Sec. 5-1182. Charitable organizations; solicitation.
(a) No county may prohibit a charitable organization, as
defined in Section 2 of the Charitable Games Act, from
soliciting for charitable purposes, including solicitations
taking place on public roadways from passing motorists, if the
following requirements are met:
(1) The persons to be engaged in the solicitation are
law enforcement personnel, firefighters, or other persons
employed to protect the public safety of a local agency,
and that are soliciting solely in an area that is within
the service area of that local agency.
(2) The charitable organization files an application
with the municipality or county having jurisdiction over
the location or locations where the solicitation is to
occur. The applications shall be filed not later than 10
business days before the date that the solicitation is to
begin and shall include all of the following:

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(A) The date or dates and times of day when the
solicitation is to occur.
(B) The location or locations where the
solicitation is to occur.
(C) The manner and conditions under which the
solicitation is to occur.
(D) Proof of a valid liability insurance policy in
the amount of at least $1,000,000 insuring the charity
or local agency against bodily injury and property
damage arising out of or in connection with the
solicitation. The county shall approve the application
within 5 business days after the filing date of the
application, but may impose reasonable conditions in
writing that are consistent with the intent of this
Section and are based on articulated public safety
concerns. By acting under this Section, a local agency
does not waive or limit any immunity from liability
provided by any other provision of law.
(b) For purposes of this Section, "local agency" means a
municipality, county, special district, fire district, joint
powers of authority, or other political subdivision of the
State of Illinois.
Section 10. The Illinois Municipal Code is amended by
changing Section 11-80-9 as follows:

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(65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
Sec. 11-80-9. The corporate authorities of each
municipality may prevent and regulate all amusements and
activities having a tendency to annoy or endanger persons or
property on the sidewalks, streets, and other municipal
property. However, no municipality may prohibit a charitable
organization, as defined in Section 2 of the Charitable Games
Act, from soliciting for charitable purposes, including
solicitations taking place on public roadways from passing
motorists, if the following requirements are met:
(1) The persons to be engaged in the solicitation are law
enforcement personnel, firefighters, or other persons employed
to protect the public safety of a local agency, and that are
soliciting solely in an area that is within the service area of
that local agency.
(2) The charitable organization files an application with
the municipality or county having jurisdiction over the
location or locations where the solicitation is to occur. The
applications shall be filed not later than 10 business days
before the date that the solicitation is to begin and shall
include all of the following:
(A) The date or dates and times of day when the
solicitation is to occur.
(B) The location or locations where the solicitation is
to occur.
(C) The manner and conditions under which the

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solicitation is to occur.
(D) Proof of a valid liability insurance policy in the
amount of at least $1,000,000 insuring the charity or local
agency against bodily injury and property damage arising
out of or in connection with the solicitation. The
municipality shall approve the application within 5
business days after the filing date of the application, but
may impose reasonable conditions in writing that are
consistent with the intent of this Section and are based on
articulated public safety concerns. By acting under this
Section, a local agency does not waive or limit any
immunity from liability provided by any other provision of
law.
(3) For purposes of this Section, "local agency" means a
municipality, county, special district, fire district, joint
powers of authority, or other political subdivision of the
State of Illinois.
(Source: Laws 1961, p. 576.)
Section 99. Effective date. This Act takes effect upon
becoming law.