Illinois General Assembly - Bill Status for HB4428

Amends the Labor Dispute Act. Contains findings and a declaration. Provides that persons engaged in picketing in labor disputes may use public rights of way to apprise the public of the existence of a dispute for: "the purposes of picketing"; erection of temporary signs announcing their dispute; parking at least one vehicle on the public right of way; and erection of tents or other temporary shelter for the health, welfare, personal safety, and well-being of picketers. Provides that a sign, tent, or temporary shelter may not be erected or maintained so as to obscure or otherwise physically interfere with an official traffic sign, signal, or device or to obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic. Provides that "the burden of proof shall rest on the unit of local government making such a claim". Provides that 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 to obstruct or physically interfere with the driver's view of approaching, merging or intersecting traffic, the unit of local government shall be liable for all costs, attorney's fees, and treble damages. Provides that an ordinance or resolution adopted before, on, or after the effective date of the new provisions by a unit of local government that imposes restrictions or limitations on the picketing of an employer in a manner inconsistent with this Act is invalid, and that a home rule unit may not regulate picketing.

Deletes everything and re-inserts similar provisions, with these changes: changes the legislative findings; changes and adds definitions; provides that tents or other temporary shelter covered by the new provisions shall not be larger than 300 square feet; provides that signs, tents, or temporary shelters shall be removed at the end of each day when the picketing has ceased but that signs, tents, or temporary shelters may be maintained while individuals participating in the labor dispute are present; and provides that "Nothing in this Section shall require the erection of a tent or shelter or parking of a vehicle where there is insufficient space on the public right of way".

Deletes everything and re-inserts provisions similar to those of the bill as amended, with these changes: changes definitions; prohibits blocking of fire hydrants; requires water mains, sewers and other utilities to be accessible for maintenance and emergency repair work; requires picketers to ensure that a reasonable walkway exists for pedestrians and others to pass by the picketing activities and make reasonable attempts to keep the area free from garbage and significant damage; provides that the new provisions do not allow the erection of a tent or shelter on the right of way of any Class I highway; deletes provisions authorizing treble damages; makes other changes.

Date	Chamber	Action
1/11/2005	House	Session Sine Die

Date	Chamber	Action
2/3/2004	House	Filed with the Clerk by Rep. Brandon W. Phelps
2/3/2004	House	First Reading
2/3/2004	House	Referred to Rules Committee
2/10/2004	House	Assigned to Labor Committee
2/25/2004	House	Added Chief Co-Sponsor Rep. Careen Gordon
2/25/2004	House	Added Chief Co-Sponsor Rep. Robert F. Flider
2/25/2004	House	House Committee Amendment No. 1 Filed with Clerk by Labor Committee
2/25/2004	House	House Committee Amendment No. 1 Adopted in Labor Committee; by Voice Vote
2/25/2004	House	Do Pass as Amended / Short Debate Labor Committee; 012-002-000
2/25/2004	House	Placed on Calendar 2nd Reading - Short Debate
3/3/2004	House	Added Co-Sponsor Rep. John E. Bradley
3/17/2004	House	Fiscal Note Filed As Amended by HA 1
3/23/2004	House	Home Rule Note Filed As Amended by HA 1
3/24/2004	House	Added Chief Co-Sponsor Rep. Mike Boland
3/24/2004	House	Added Chief Co-Sponsor Rep. Lisa M. Dugan
3/30/2004	House	Added Co-Sponsor Rep. Robert Rita
3/30/2004	House	Added Co-Sponsor Rep. Charles E. Jefferson
3/30/2004	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Brandon W. Phelps
3/30/2004	House	House Floor Amendment No. 2 Referred to Rules Committee
3/31/2004	House	House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
3/31/2004	House	Second Reading - Short Debate
3/31/2004	House	House Floor Amendment No. 2 Adopted by Voice Vote
3/31/2004	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/1/2004	House	Added Co-Sponsor Rep. Kevin A. McCarthy
4/2/2004	House	Added Co-Sponsor Rep. Patrick Verschoore
4/2/2004	House	3/5 Vote Required
4/2/2004	House	Third Reading - Short Debate - Passed 109-006-000
4/6/2004	Senate	Arrive in Senate
4/6/2004	Senate	Placed on Calendar Order of First Reading April 20, 2004
4/7/2004	Senate	Chief Senate Sponsor Sen. William R. Haine
4/15/2004	Senate	First Reading
4/15/2004	Senate	Referred to Rules
1/11/2005	House	Session Sine Die

	Fiscal Note (Department of Labor)
	The fiscal impact is $64,200.

	Home Rule Note (Department of Commerce and Economic Opportunity)
	In the opinion of the Department of Commerce and Economic Opportunity, this legislation pre-empts home rule authority.