Bill Text: IL HB3396 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Labor Dispute Act. Provides that a person who, with the intent of interfering with, obstructing, or impeding a picket or other demonstration or protest, places any object in the public way commits a Class A misdemeanor with a minimum fine of $500.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0045 [HB3396 Detail]
Download: Illinois-2023-HB3396-Chaptered.html
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| Public Act 103-0045 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Labor Dispute Act is amended by changing | ||||
Section 1.4 as follows:
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(820 ILCS 5/1.4) | ||||
Sec. 1.4. Use of public right of way. | ||||
(a) Persons engaged in picketing shall be allowed to use | ||||
public rights of way to apprise the public of the existence of | ||||
a dispute for the following: | ||||
(1) The purposes of picketing. | ||||
(2) The erection of temporary signs announcing their | ||||
dispute. | ||||
(3) The parking of at least one vehicle on the public | ||||
right of way. Nothing in this Section shall require the | ||||
accommodation of parking more than 10 vehicles on the | ||||
public right of way. This Section shall not be construed | ||||
to allow the blocking of fire hydrants. Picketers shall | ||||
ensure that water mains, sewers, and other utilities are | ||||
accessible for construction, maintenance, and emergency | ||||
repair work. | ||||
(4) The erection of tents or other temporary shelter | ||||
for the health, welfare, personal safety, and well-being | ||||
of picketers. | ||
(b) Any signs, tents, or temporary shelters shall be | ||
removed at the end of each day when the picketing has ceased. | ||
Signs, tents, or temporary shelters may be maintained so long | ||
as individuals participating in the labor dispute are present. | ||
(c) This Section shall not be construed to allow the | ||
erection of a tent or shelter or parking of a vehicle where | ||
there is insufficient space on the public right of way. This | ||
Section shall not be construed to allow the erection of a tent | ||
or shelter on the right of way of any Class I highway as | ||
defined in Section 1-126.1 of the Illinois Vehicle Code. | ||
Picketers shall ensure that a reasonable walkway exists for | ||
pedestrians and others to pass by the picketing activities. | ||
Persons using the right of way under this Section shall make | ||
reasonable attempts to keep the area free from garbage and | ||
significant damage. | ||
(d) No sign, tent, or temporary shelter may be erected or | ||
maintained in such a manner as to obscure or otherwise | ||
physically interfere with an official traffic sign, signal, or | ||
device or to obstruct or physically interfere with a driver's | ||
view of approaching, merging, or intersecting traffic. The | ||
burden of proof shall rest on the unit of local government | ||
making such a claim. If a court determines that a sign, tent, | ||
or temporary shelter does not obscure or otherwise physically | ||
interfere with an official traffic sign, signal, or device or | ||
obstruct or physically interfere with a driver's view of | ||
approaching, merging, or intersecting traffic, the unit of | ||
local government is liable for all costs and attorney's fees.
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(e) A person who, with the intent of interfering with, | ||
obstructing, or impeding a picket or other demonstration or | ||
protest, places any object in the public way commits a Class A | ||
misdemeanor with a minimum fine of $500. | ||
(Source: P.A. 94-321, eff. 1-1-06.)
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