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 TLSB 1849XC (2) 86 aw/sc

S.F. _____ 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 -1- LSB 1849XC (2) 86 aw/sc 1/ 3

S.F. _____ 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. 35 -2- LSB 1849XC (2) 86 aw/sc 2/ 3

S.F. _____ 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 -3- LSB 1849XC (2) 86 aw/sc 3/ 3