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Public Act 103-0045
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| HB3396 Enrolled | LRB103 26352 SPS 52713 b |
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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 |
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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 |
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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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