HB4428 93RD GENERAL ASSEMBLY

LRB093 20513 WGH 46307 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4428

Introduced 2/3/2004, by Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

820 ILCS 5/1.2 new
820 ILCS 5/1.3 new
820 ILCS 5/1.4 new
820 ILCS 5/1.5 new

Amends the Labor Dispute Act. Contains findings and a declaration. Provides that persons engaged in picketing in labor disputes may use public rights of way to apprise the public of the existence of a dispute for: "the purposes of picketing"; erection of temporary signs announcing their dispute; parking at least one vehicle on the public right of way; and erection of tents or other temporary shelter for the health, welfare, personal safety, and well-being of picketers. Provides that a sign, tent, or temporary shelter may not be erected or maintained so as to obscure or otherwise physically interfere with an official traffic sign, signal, or device or to obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic. Provides that "the burden of proof shall rest on the unit of local government making such a claim". Provides that 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 to obstruct or physically interfere with the driver's view of approaching, merging or intersecting traffic, the unit of local government shall be liable for all costs, attorney's fees, and treble damages. Provides that an ordinance or resolution adopted before, on, or after the effective date of the new provisions by a unit of local government that imposes restrictions or limitations on the picketing of an employer in a manner inconsistent with this Act is invalid, and that a home rule unit may not regulate picketing.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning labor.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Labor Dispute Act is amended by adding Sections 1.2, 1.3, 1.4, and 1.5 as follows:

(820 ILCS 5/1.2 new)

Sec. 1.2. Legislative findings and declaration. The General Assembly finds that a union, union members, sympathizers, and an employer's employees have a right to communicate their dispute with a primary employer to the public by picketing the primary employer wherever they happen to be. The picketing may take place not only at the employer's main facility, but at job sites as well. The General Assembly recognizes that peaceful primary picketing of any type is explicitly permitted by statute, regardless of the effect on an employer's operations.

(820 ILCS 5/1.3 new)

Sec. 1.3. Definitions. As used in Section 1.2 through 1.5:

"Employee" means any individual permitted to work by an employer in an occupation.

"Employer" means any individual, partnership, association, corporation, business trust, governmental or quasi-governmental body, or any person or group of persons that employs any person to work, labor, or exercise skill in connection with the operation of any business, industry, vocation, or occupation.

"Picketing" means the stationing of a person for an organization to apprise the public by signs or other means of the existence of a dispute.

"Dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relationship of employer and employee.

"Temporary sign" means a sign that is not permanently affixed and is capable of being removed at the end of each day or shift.

"Temporary shelter" means a tent or shelter that is not permanently affixed and is capable of being removed at the end of each day or shift.

(820 ILCS 5/1.4 new)

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.

(4) The erection of tents or other temporary shelter for the health, welfare, personal safety, and well-being of picketers.

(b) 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, attorney's fees, and treble damages.

(820 ILCS 5/1.5 new)

Sec. 1.5. Preemption. The provisions of any ordinance or resolution adopted before, on, or after the effective date of this amendatory Act of the 93rd General Assembly by any unit of local government that impose restrictions or limitations on the picketing of an employer in a manner inconsistent with this Act are invalid, and existing ordinances and resolutions, as they apply to picketing, are void. It is declared to be the policy of this State that the regulation of picketing is an exclusive power and function of the State. A home rule unit may not regulate picketing. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.