Public Act 103-0045
 
HB3396 EnrolledLRB103 26352 SPS 52713 b


  
    AN ACT concerning employment.
  
 
    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 changing 
Section 1.4 as follows:
 
    (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.

    (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.)