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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2400 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
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Amends the Labor Dispute Act. Provides that 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.
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| | A BILL FOR |
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| | SB2400 | | LRB103 26351 SPS 52712 b |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Labor Dispute Act is amended by changing |
| 5 | | Section 1.4 as follows:
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| 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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| | SB2400 | - 2 - | LRB103 26351 SPS 52712 b |
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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.
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| 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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