Public Act 098-0134
 
HB0956 EnrolledLRB098 03797 OMW 33813 b


  
    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 changing Section 
5-1182 as follows:
 
    (55 ILCS 5/5-1182)
    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 all 
of 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 those persons 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 along with a list of 3 
        alternate locations listed in order of preference. 
            (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. If the county determines that the applicant's 
location cannot be permitted due to significant safety 
concerns, such as high traffic volumes, poor geometrics, 
construction, maintenance operations, or past accident 
history, then the county may deny the application for that 
location and must approve one of the 3 alternate locations 
following the order of preference submitted by the applicant on 
the alternate location list. 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. 
    (c) A home rule unit may not regulate a charitable 
organization in a manner that is inconsistent with this 
Section.  This Section is a limitation under subsection (i) of 
Section 6 of Article VII of the Illinois Constitution on the 
concurrent exercise by home rule units of powers and functions 
exercised by the State. 

(Source: 09700SB3518eng.)
 
    Section 10. The Illinois Municipal Code is amended by 
changing Section 11-80-9 as follows:
 



    (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 all of 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 along with a list of 3 
        alternate locations listed in order of preference. 
            (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 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. If the municipality determines that the 
applicant's location cannot be permitted due to significant 
safety concerns, such as high traffic volumes, poor geometrics, 
construction, maintenance operations, or past accident 
history, then the municipality may deny the application for 
that location and must approve one of the 3 alternate locations 
following the order of preference submitted by the applicant on 
the alternate location list. 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. 
    A home rule unit may not regulate a charitable organization 
in a manner that is inconsistent with this Section.  This 
Section is a limitation under subsection (i) of Section 6 of 
Article VII of the Illinois Constitution on the concurrent 
exercise by home rule units of powers and functions exercised 
by the State. 
(Source: Laws 1961, p. 576; 09700SB3518eng.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.