House Study Bill 58 - IntroducedA Bill ForAn Act 1relating to persons soliciting donations from passing
2motorists on behalf of charitable organizations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 13C.1, Code 2017, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  2A.  “Local authority” means a city as
4defined in section 362.2 or a county as provided in chapter
5331.
6   Sec. 2.  NEW SECTION.  13C.4  Authorized solicitations —
7roads and streets.
   81.  A person may solicit contributions from passing
9motorists while standing on a road or street, as those terms
10are defined in section 306.3, if the solicitation is for
11charitable purposes on behalf of a charitable organization and
12all of the following requirements are met:
   13a.  The person is a law enforcement official or fire
14fighter for, or is otherwise employed by or volunteers for, a
15governmental entity related to the public safety of a local
16authority.
   17b.  The solicitation occurs within the jurisdiction of the
18local authority by which the person is employed or for which
19the person volunteers.
   20c.  The charitable organization submits an application to the
21local authority with jurisdiction over the locations where the
22solicitation will occur at least ten business days prior to the
23date the solicitation will first occur. The application shall
24include all of the following:
   25(1)  The dates and times when the solicitation will occur.
   26(2)  The locations on the roads or streets where the
27solicitation will occur.
   28(3)  The manner and conditions under which the solicitation
29will occur.
   30(4)  Proof of a valid liability insurance policy covering the
31charitable organization, the local authority, and all persons
32involved in the solicitation in the amount of at least one
33million dollars for bodily injury and property damage arising
34out of or occurring in connection with the solicitation.
   35d.  The local authority approves the application submitted
-1-1pursuant to paragraph “c”.
   22.  A local authority shall review and approve an application
3submitted pursuant to subsection 1, paragraph “c”, within five
4business days after the filing date of the application if the
5requirements set forth in subsection 1, paragraph “c”, are
6met. A local authority may require an application fee in a
7reasonable amount to be paid with an application submitted
8pursuant to subsection 1, paragraph “c”. By approving an
9application pursuant to this subsection, a local authority does
10not waive or limit any immunity from liability provided by any
11other provision of law.
12   Sec. 3.  Section 13C.8, subsection 2, Code 2017, is amended
13to read as follows:
   142.  A violation of this chapter is a violation of section
15714.16, subsection 2, paragraph “a”. The provisions of section
16714.16, including but not limited to provisions relating to
17investigation, injunctive relief, and penalties, shall apply to
18this chapter. This subsection shall not apply to violations
19under section 13C.4.

20   Sec. 4.  LOCAL ORDINANCES VOID — VALIDITY OF
21PROCEEDINGS.
  On July 1, 2017, all local ordinances,
22regulations, and rules not consistent with this Act are
23void. However, this Act shall not affect the validity of any
24proceeding brought or punishment imposed prior to July 1, 2017,
25for a violation of such a local ordinance, regulation, or rule.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
   29This bill permits a person to solicit contributions from
30passing motorists while standing on a road or street if
31the solicitation is for charitable purposes on behalf of a
32charitable organization and certain requirements are met. The
33bill requires the person to be a law enforcement official or
34fire fighter for, or to otherwise be employed by or volunteer
35for, a governmental entity related to the public safety
-2-1of a local authority. In addition, the bill requires that
2the solicitation occur within the jurisdiction of the local
3authority by which the person is employed or for which the
4person volunteers. The bill also requires the charitable
5organization to submit an application to the local authority
6with jurisdiction over the locations where the solicitation
7will occur at least 10 business days prior to the date the
8solicitation will first occur. The application must include
9the dates and times when the solicitation will occur, the
10locations on the roads or streets where the solicitation will
11occur, the manner and conditions under which the solicitation
12will occur, and proof of a valid liability insurance policy
13covering the charitable organization, the local authority, and
14all persons involved in the solicitation in the amount of at
15least $1,000,000 for bodily injury and property damage arising
16out of or occurring in connection with the solicitation.
   17The bill requires a local authority to review and approve
18such an application within five business days after the filing
19date of the application if the requirements set forth in the
20bill are met. The bill permits a local authority to require
21an application fee in a reasonable amount to be paid with a
22submitted application. By approving an application pursuant
23to the bill, a local authority does not waive or limit any
24immunity from liability provided by any other provision of law.
   25The bill provides that on July 1, 2017, all local ordinances,
26regulations, and rules not consistent with the bill are
27void. However, the bill does not affect the validity of any
28proceeding brought or punishment imposed prior to July 1, 2017,
29for a violation of such a local ordinance, regulation, or rule.
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