First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0902.01 Troy Bratton SENATE BILL 11-255 SENATE SPONSORSHIP Nicholson, HOUSE SPONSORSHIP Balmer, Senate Committees House Committees Local Government A BILL FOR AN ACT Concerning the collection of charitable solicitations from passing motorists on a public roadway by local government public safety personnel. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill specifies that local public safety personnel may solicit charitable contributions from motorists in public roadways if the charitable organization has filed an application with the governing body of the local government having jurisdiction over the location where the solicitation is to occur. A local government may not deny an application that meets the minimum criteria established in the bill, but may place reasonable restrictions on the solicitation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Article 5 of title 29, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 2 PUBLIC SAFETY CHARITABLE SOLICITATION 29-5-201. Short title. This part 2 shall be known and may be cited as the "Public Safety Charitable Solicitation Act". 29-5-202. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) For over fifty years, firefighters across Colorado have engaged in charitable fundraising events to: (I) Support medical research of debilitating diseases such as muscular dystrophy; (II) Provide comprehensive health care and support services, advocacy, and education on behalf of children and adults with neuromuscular diseases; and (III) Conduct summer camps for children with muscular dystrophy. (b) The most successful fundraising event that firefighters have employed is the signature "fill the boot" campaign, which consists of firefighters asking motorists passing fire stations to contribute to the causes specified in paragraph (a) of this subsection (1) by putting money into the firefighter boots or facsimiles of firefighter boots. (c) Because some local ordinances limit or prohibit aggressive begging or panhandling in public roadways, firefighters organizing and conducting "fill the boot" campaigns have experienced a decline in contributions. (d) Firefighters in Colorado, along with law enforcement organizations that conduct similar fundraising activities, are concerned that activities involving collections from passing motorists were unintentionally categorized as prohibited activities. (e) The compelling interest in offering the express process contained in this part 2 to law enforcement personnel, firefighters, and other public safety personnel does not impinge upon, and essentially furthers the stated interests of, the relevant local ordinances by narrowly tailoring the process authorized by this part 2 to those local government personnel most suited to protect the public safety. (f) The extraordinary liability insurance required by this part 2 is necessary to protect the public safety and is due solely to the particular and unique circumstances involving the collection of charitable solicitations from passing motorists in a public roadway. (2) Therefore, it is the intent of the general assembly in enacting this part 2 to clarify that law enforcement personnel and firefighters as well as other local safety personnel, because of their established training and experience in controlling traffic and other activities in and around public roadways, may be provided a separate procedure for obtaining permits from local governments to conduct fundraising activities such as "fill the boot" campaigns, notwithstanding any city or county ordinance governing solicitations for charitable contributions on public roadways. 29-5-203. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Charitable organization" shall have the same meaning as set forth in section 6-16-103 (1), C.R.S. (2) "Charitable purpose" shall have the same meaning as set forth in section 6-16-103 (2), C.R.S. (3) "Local government" means any county, town, city, city and county, municipality, or other local entity having the authority to enact local ordinances. 29-5-204. Local government authorization for solicitation of charitable donations. (1) A charitable organization may engage in a solicitation for charitable purposes that involves persons standing in or adjacent to a public roadway and who solicit donations from motorists if: (a) The persons are: (I) Law enforcement personnel, firefighters, or persons who otherwise volunteer for or are employed by a local government to protect the public safety; and (II) Soliciting in an area that is entirely within the jurisdiction of the local government; and (b) The charitable organization files an application with the governing body of the local government having jurisdiction over the locations of the solicitation. Such application shall be filed no later than thirty business days prior to the date that the solicitation begins and shall include, but not be limited to, the following: (I) The date and time of the solicitation; (II) The location of the solicitation; (III) A description of the manner and conditions under which the solicitation is to occur; and (IV) A certificate of insurance or other proof of a valid liability insurance policy in the amount of one million dollars insuring the charitable organization, the law enforcement personnel, firefighters, or other persons conducting the solicitation, and the local government having jurisdiction. (2) Within twenty-five business days of the receipt of the application, the governing body of the local government having jurisdiction over the locations where the solicitation is to occur shall approve or deny the application. An application that meets the criteria contained in paragraph (b) of subsection (1) of this section shall not be rejected, but the governing board may, in writing, impose reasonable conditions that are consistent with the intent of this part 2 and that are based on articulated public safety concerns. (3) Nothing in this part 2 shall be construed to prevent a local government from enacting reasonable time, place, or manner restrictions on the charitable solicitation in a public roadway by persons or charities not described in this part 2. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.