Senate File 163 - Introduced SENATE FILE 163 BY TAYLOR , DOTZLER , BOWMAN , KINNEY , HART , ALLEN , JOCHUM , LYKAM , MATHIS , RAGAN , QUIRMBACH , BOULTON , DANIELSON , DVORSKY , BISIGNANO , and McCOY A BILL FOR An Act relating to persons soliciting donations from passing 1 motorists on behalf of charitable organizations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1237XS (3) 87 ns/nh

S.F. 163 Section 1. Section 13C.1, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. “Local authority” means a city as 3 defined in section 362.2 or a county as provided in chapter 4 331. 5 Sec. 2. NEW SECTION . 13C.4 Authorized solicitations —— 6 roads and streets. 7 1. A person may solicit contributions from passing 8 motorists while standing on a road or street, as those terms 9 are defined in section 306.3, if the solicitation is for 10 charitable purposes on behalf of a charitable organization and 11 all of the following requirements are met: 12 a. The person is a law enforcement official or fire 13 fighter for, or is otherwise employed by or volunteers for, a 14 governmental entity related to the public safety of a local 15 authority. 16 b. The solicitation occurs within the jurisdiction of the 17 local authority by which the person is employed or for which 18 the person volunteers. 19 c. The charitable organization submits an application to the 20 local authority with jurisdiction over the locations where the 21 solicitation will occur at least ten business days prior to the 22 date the solicitation will first occur. The application shall 23 include all of the following: 24 (1) The dates and times when the solicitation will occur. 25 (2) The locations on the roads or streets where the 26 solicitation will occur. 27 (3) The manner and conditions under which the solicitation 28 will occur. 29 (4) Proof of a valid liability insurance policy covering the 30 charitable organization, the local authority, and all persons 31 involved in the solicitation in the amount of at least one 32 million dollars for bodily injury and property damage arising 33 out of or occurring in connection with the solicitation. 34 d. The local authority approves the application submitted 35 -1- LSB 1237XS (3) 87 ns/nh 1/ 3

S.F. 163 pursuant to paragraph “c” . 1 2. A local authority shall review and approve an application 2 submitted pursuant to subsection 1, paragraph “c” , within five 3 business days after the filing date of the application if the 4 requirements set forth in subsection 1, paragraph “c” , are 5 met. A local authority may require an application fee in a 6 reasonable amount to be paid with an application submitted 7 pursuant to subsection 1, paragraph “c” . By approving an 8 application pursuant to this subsection, a local authority does 9 not waive or limit any immunity from liability provided by any 10 other provision of law. 11 Sec. 3. Section 13C.8, subsection 2, Code 2017, is amended 12 to read as follows: 13 2. A violation of this chapter is a violation of section 14 714.16, subsection 2 , paragraph “a” . The provisions of section 15 714.16 , including but not limited to provisions relating to 16 investigation, injunctive relief, and penalties, shall apply to 17 this chapter . This subsection shall not apply to violations 18 under section 13C.4. 19 Sec. 4. LOCAL ORDINANCES VOID —— VALIDITY OF 20 PROCEEDINGS. On July 1, 2017, all local ordinances, 21 regulations, and rules not consistent with this Act are 22 void. However, this Act shall not affect the validity of any 23 proceeding brought or punishment imposed prior to July 1, 2017, 24 for a violation of such a local ordinance, regulation, or rule. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill permits a person to solicit contributions from 29 passing motorists while standing on a road or street if 30 the solicitation is for charitable purposes on behalf of a 31 charitable organization and certain requirements are met. The 32 bill requires the person to be a law enforcement official or 33 fire fighter for, or to otherwise be employed by or volunteer 34 for, a governmental entity related to the public safety 35 -2- LSB 1237XS (3) 87 ns/nh 2/ 3

S.F. 163 of a local authority. In addition, the bill requires that 1 the solicitation occur within the jurisdiction of the local 2 authority by which the person is employed or for which the 3 person volunteers. The bill also requires the charitable 4 organization to submit an application to the local authority 5 with jurisdiction over the locations where the solicitation 6 will occur at least 10 business days prior to the date the 7 solicitation will first occur. The application must include 8 the dates and times when the solicitation will occur, the 9 locations on the roads or streets where the solicitation will 10 occur, the manner and conditions under which the solicitation 11 will occur, and proof of a valid liability insurance policy 12 covering the charitable organization, the local authority, and 13 all persons involved in the solicitation in the amount of at 14 least $1,000,000 for bodily injury and property damage arising 15 out of or occurring in connection with the solicitation. 16 The bill requires a local authority to review and approve 17 such an application within five business days after the filing 18 date of the application if the requirements set forth in the 19 bill are met. The bill permits a local authority to require 20 an application fee in a reasonable amount to be paid with a 21 submitted application. By approving an application pursuant 22 to the bill, a local authority does not waive or limit any 23 immunity from liability provided by any other provision of law. 24 The bill provides that on July 1, 2017, all local ordinances, 25 regulations, and rules not consistent with the bill are 26 void. However, the bill does not affect the validity of any 27 proceeding brought or punishment imposed prior to July 1, 2017, 28 for a violation of such a local ordinance, regulation, or rule. 29 -3- LSB 1237XS (3) 87 ns/nh 3/ 3