Full Text of HB3396 103rd General Assembly
HB3396enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Labor Dispute Act is amended by changing | 5 | | Section 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 | 9 | | public rights of way to apprise the public of the existence of | 10 | | a 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 |
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| 1 | | of picketers. | 2 | | (b) Any signs, tents, or temporary shelters shall be | 3 | | removed at the end of each day when the picketing has ceased. | 4 | | Signs, tents, or temporary shelters may be maintained so long | 5 | | as individuals participating in the labor dispute are present. | 6 | | (c) This Section shall not be construed to allow the | 7 | | erection of a tent or shelter or parking of a vehicle where | 8 | | there is insufficient space on the public right of way. This | 9 | | Section shall not be construed to allow the erection of a tent | 10 | | or shelter on the right of way of any Class I highway as | 11 | | defined in Section 1-126.1 of the Illinois Vehicle Code. | 12 | | Picketers shall ensure that a reasonable walkway exists for | 13 | | pedestrians and others to pass by the picketing activities. | 14 | | Persons using the right of way under this Section shall make | 15 | | reasonable attempts to keep the area free from garbage and | 16 | | significant damage. | 17 | | (d) No sign, tent, or temporary shelter may be erected or | 18 | | maintained in such a manner as to obscure or otherwise | 19 | | physically interfere with an official traffic sign, signal, or | 20 | | device or to obstruct or physically interfere with a driver's | 21 | | view of approaching, merging, or intersecting traffic. The | 22 | | burden of proof shall rest on the unit of local government | 23 | | making such a claim. If a court determines that a sign, tent, | 24 | | or temporary shelter does not obscure or otherwise physically | 25 | | interfere with an official traffic sign, signal, or device or | 26 | | obstruct or physically interfere with a driver's view of |
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| 1 | | approaching, merging, or intersecting traffic, the unit of | 2 | | local government is liable for all costs and attorney's fees.
| 3 | | (e) A person who, with the intent of interfering with, | 4 | | obstructing, or impeding a picket or other demonstration or | 5 | | protest, places any object in the public way commits a Class A | 6 | | misdemeanor with a minimum fine of $500. | 7 | | (Source: P.A. 94-321, eff. 1-1-06.)
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