Illinois General Assembly - Full Text of HB3396
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Full Text of HB3396  103rd General Assembly




HB3396 EnrolledLRB103 26352 SPS 52713 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Labor Dispute Act is amended by changing
5Section 1.4 as follows:
6    (820 ILCS 5/1.4)
7    Sec. 1.4. Use of public right of way.
8    (a) Persons engaged in picketing shall be allowed to use
9public rights of way to apprise the public of the existence of
10a dispute for the following:
11        (1) The purposes of picketing.
12        (2) The erection of temporary signs announcing their
13    dispute.
14        (3) The parking of at least one vehicle on the public
15    right of way. Nothing in this Section shall require the
16    accommodation of parking more than 10 vehicles on the
17    public right of way. This Section shall not be construed
18    to allow the blocking of fire hydrants. Picketers shall
19    ensure that water mains, sewers, and other utilities are
20    accessible for construction, maintenance, and emergency
21    repair work.
22        (4) The erection of tents or other temporary shelter
23    for the health, welfare, personal safety, and well-being



HB3396 Enrolled- 2 -LRB103 26352 SPS 52713 b

1    of picketers.
2    (b) Any signs, tents, or temporary shelters shall be
3removed at the end of each day when the picketing has ceased.
4Signs, tents, or temporary shelters may be maintained so long
5as individuals participating in the labor dispute are present.
6    (c) This Section shall not be construed to allow the
7erection of a tent or shelter or parking of a vehicle where
8there is insufficient space on the public right of way. This
9Section shall not be construed to allow the erection of a tent
10or shelter on the right of way of any Class I highway as
11defined in Section 1-126.1 of the Illinois Vehicle Code.
12Picketers shall ensure that a reasonable walkway exists for
13pedestrians and others to pass by the picketing activities.
14Persons using the right of way under this Section shall make
15reasonable attempts to keep the area free from garbage and
16significant damage.
17    (d) No sign, tent, or temporary shelter may be erected or
18maintained in such a manner as to obscure or otherwise
19physically interfere with an official traffic sign, signal, or
20device or to obstruct or physically interfere with a driver's
21view of approaching, merging, or intersecting traffic. The
22burden of proof shall rest on the unit of local government
23making such a claim. If a court determines that a sign, tent,
24or temporary shelter does not obscure or otherwise physically
25interfere with an official traffic sign, signal, or device or
26obstruct or physically interfere with a driver's view of



HB3396 Enrolled- 3 -LRB103 26352 SPS 52713 b

1approaching, merging, or intersecting traffic, the unit of
2local government is liable for all costs and attorney's fees.
3    (e) A person who, with the intent of interfering with,
4obstructing, or impeding a picket or other demonstration or
5protest, places any object in the public way commits a Class A
6misdemeanor with a minimum fine of $500.
7(Source: P.A. 94-321, eff. 1-1-06.)