Full Text of HB5379 99th General Assembly
HB5379ham001 99TH GENERAL ASSEMBLY | Rep. Edward J. Acevedo Filed: 4/4/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5379
| 2 | | AMENDMENT NO. ______. Amend House Bill 5379 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Demonstrations Law is | 5 | | amended by changing Sections 2, 3, 4, 5, 6, 7, and 8 and adding | 6 | | Section 2a as follows:
| 7 | | (430 ILCS 70/2) (from Ch. 38, par. 85-2)
| 8 | | Sec. 2. Purpose and findings Declaration of purpose . It is | 9 | | declared to be the public policy
of this State: That the | 10 | | maintenance of good order on highways, as defined
in Section | 11 | | 2-202 of the "Illinois Highway Code", is a paramount | 12 | | responsibility
of democratic government;
| 13 | | That the public health, welfare and safety of the community | 14 | | require that
the movement of vehicular traffic on such roadways | 15 | | be lawfully conducted
with a minimum of disruption;
| 16 | | That the practice of unhindered or unrestrained picketing |
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| 1 | | or demonstrating
on such roadways has caused disruption of | 2 | | police, fire and emergency services,
and injury to persons | 3 | | regardless of participation in the march, assembly
or | 4 | | demonstration;
| 5 | | That the practice of multiple demonstrations on the same | 6 | | day in different
locations in municipalities and | 7 | | unincorporated areas of counties has unreasonably
deprived the | 8 | | citizens of the police, fire and emergency services; and
| 9 | | That the effective sharing of information and planning for | 10 | | large public assembly events by municipalities and law | 11 | | enforcement agencies is critical to protecting the public and | 12 | | public safety; | 13 | | That the public health, welfare, and safety of the | 14 | | community require that large public assembly events | 15 | | demonstrate a minimum of safety planning and coordination among | 16 | | State and local law enforcement and emergency management | 17 | | agencies; | 18 | | That the practice of unhindered or unrestrained public | 19 | | assemblies, particularly for commercial purposes, poses | 20 | | serious security and safety challenges for participants and | 21 | | residents; | 22 | | That the practice of waiving standard event permit | 23 | | application procedures for large public assembly events could | 24 | | deprive or impair the delivery of appropriate police, fire and | 25 | | emergency services to citizens of Illinois; | 26 | | That requiring notification to relevant public safety |
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| 1 | | agencies enhances the public health, safety, and welfare; and | 2 | | That the provisions herein enacted are the least burdensome | 3 | | means necessary for the protection of
the health, welfare and | 4 | | safety of the public.
| 5 | | (Source: P.A. 81-840.)
| 6 | | (430 ILCS 70/2a new) | 7 | | Sec. 2a. Definition. As used in this Act, "large public | 8 | | assembly event" means any for-profit or commercial event | 9 | | expected to draw 1,000 or more participants in a single day, | 10 | | when paid admission to attend the event is not required. "Large | 11 | | public assembly event" includes, but is not limited to, | 12 | | activities such as: presentations of live or recorded music | 13 | | performances and concerts; theater and movies; sports | 14 | | tournaments, competitions, and exhibitions including those of | 15 | | sports such as football, hockey, basketball, boxing, martial | 16 | | arts, extreme sports exhibitions, simulcasts of sporting | 17 | | events; and farmers' markets. "Large public assembly event" | 18 | | does not include: gatherings of a solely religious, | 19 | | educational, or political nature; or gatherings pursuant to a | 20 | | special event permit or other application process adopted by a | 21 | | park district, school district, or forest preserve district; | 22 | | however, such gatherings must still comply with the public | 23 | | safety agency notification requirements of subsection (b) of | 24 | | Section 5 of this Act.
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| 1 | | (430 ILCS 70/3) (from Ch. 38, par. 85-3)
| 2 | | Sec. 3. Permits Unlawful action-Parade permit . | 3 | | (a) Parade permit. It is unlawful for any person, group or | 4 | | organization to conduct or
participate in any march, assembly, | 5 | | meeting, parade, or gathering on roadways in
more than one | 6 | | specific area of or location in, any municipality or the
| 7 | | unincorporated area of a county, on any given day, unless it is | 8 | | acting
under authority of a duly issued municipal or county | 9 | | parade or
demonstration permit if local ordinance or regulation | 10 | | requires a permit,
or, if not, with permission of the principal | 11 | | law enforcement officer for
the area. Only the person, group, | 12 | | or organization responsible for organizing the march, | 13 | | assembly, meeting, parade, or gathering is required to obtain a | 14 | | permit or the permission of the principal law enforcement | 15 | | officer, which shall be sufficient to encompass all | 16 | | participants. If a march, assembly, meeting, parade, or | 17 | | gathering on roadways involves the act of crossing or | 18 | | traversing over or upon active railroad tracks, the municipal | 19 | | or county authority or principal law enforcement officer, as | 20 | | part of its permit or permission process, may prohibit any | 21 | | portion of the route that involves the act of crossing or | 22 | | traversing over or upon active railroad tracks.
| 23 | | (b) Special event permit. It is unlawful for any person, | 24 | | group, or organization to conduct, promote, or produce any | 25 | | large public assembly event in any municipality with a | 26 | | population of 75,000 or more, on any given day, at any fixed |
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| 1 | | location on or within 100 feet of a public way, unless such | 2 | | large public assembly event is held under the authority of a | 3 | | duly issued municipal or county parade or special event permit, | 4 | | or in the event the municipality or unincorporated area does | 5 | | not require special event permits, then with permission of the | 6 | | principal law enforcement officer for the municipality or | 7 | | unincorporated area. Only the principal person, group, or | 8 | | organization responsible for conducting, promoting, or | 9 | | producing the large public assembly event is required to obtain | 10 | | a permit or the permission of the principal law enforcement | 11 | | officer, which shall be sufficient to encompass all | 12 | | participants. | 13 | | (Source: P.A. 98-320, eff. 8-12-13.)
| 14 | | (430 ILCS 70/4) (from Ch. 38, par. 85-4)
| 15 | | Sec. 4. Acting with other groups - Size of assemblage. | 16 | | (a) Acting with other groups. It is unlawful for any group | 17 | | or organization or any individual acting
with the group or | 18 | | organization, to conduct or participate in any march,
assembly, | 19 | | meeting, parade, or gathering on roadways unless the march, | 20 | | assembly,
meeting, parade, or gathering is limited to numbers | 21 | | that, in the opinion of
the principal law enforcement officer, | 22 | | will not obstruct pedestrian or
vehicular traffic in an | 23 | | unreasonable manner. The principal law
enforcement officer | 24 | | shall, within 12 hours of receiving the notice
required by | 25 | | subsection (a) of Section 5, inform the group or organization |
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| 1 | | as to the
limitation on number of persons allowed to | 2 | | participate.
| 3 | | (b) Large public assembly events. A special event permit | 4 | | must be obtained for large public assembly events with an | 5 | | audience meeting or exceeding or reasonably expected to meet or | 6 | | exceed 1,000 attendees in a municipality with a population of | 7 | | 75,000 or more. | 8 | | (Source: P.A. 98-320, eff. 8-12-13.)
| 9 | | (430 ILCS 70/5) (from Ch. 38, par. 85-5)
| 10 | | Sec. 5. Notice of
assemblage in writing -Contents . | 11 | | (a) Generally. It is unlawful for any group or organization | 12 | | to conduct or participate
in any march, assembly, meeting, | 13 | | parade, or gathering on roadways unless the
principal law | 14 | | enforcement officer has been given notice in writing of the
| 15 | | location, the maximum number of persons participating, and the | 16 | | names and
addresses of the organizers of the march, assembly, | 17 | | meeting, parade, or
gathering, its route, and its time of | 18 | | inception and duration at least 24
hours before inception.
| 19 | | (b) Large public assembly events. The organizer of a large | 20 | | public assembly event must provide the Illinois State Police, | 21 | | the Illinois Emergency Management Agency, and the principal law | 22 | | enforcement officer for the jurisdiction with written notice of | 23 | | the location, time, expected attendance, its time of inception, | 24 | | and duration pursuant to the required local municipality | 25 | | special event permit. |
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| 1 | | (Source: P.A. 98-320, eff. 8-12-13.)
| 2 | | (430 ILCS 70/6) (from Ch. 38, par. 85-6)
| 3 | | Sec. 6. Time of
holding. | 4 | | (a) Requirements. It is unlawful for any group, | 5 | | organization, or any individual to conduct
or participate in | 6 | | any march, assembly, meeting, parade, or gathering on roadways
| 7 | | during peak traffic periods unless authorized by the principal | 8 | | law
enforcement officer for the area in which the march, | 9 | | assembly, meeting, parade, or
gathering is to be held. Peak | 10 | | traffic periods, unless otherwise set by
municipal or county | 11 | | authority, are for the purposes of this Act declared to
be 7:30 | 12 | | a.m. o'clock to 9:00 a.m. o'clock in the forenoon, and from | 13 | | 4:30
p.m. o'clock to 6:00 p.m. o'clock in the afternoon, Monday | 14 | | through Friday
except for State and National holidays.
| 15 | | (b) Large public assembly events. Municipalities subject | 16 | | to this Act shall not waive or exempt commercial purpose large | 17 | | public assembly events from the requirements of this Act. | 18 | | (Source: P.A. 98-320, eff. 8-12-13.)
| 19 | | (430 ILCS 70/7) (from Ch. 38, par. 85-7)
| 20 | | Sec. 7. Conflict with municipal ordinance. Nothing in this | 21 | | Act shall be construed to invalidate or repeal by
inference any | 22 | | local or municipal enactment in regard to parades or
| 23 | | demonstrations, but if there is an unreconcilable conflict this | 24 | | Act shall
prevail as to such portion or portions that are in |
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| 1 | | direct conflict, except
as to duly designated peak hours of | 2 | | traffic within its boundaries.
| 3 | | (b) A home rule unit may not regulate parades, | 4 | | demonstrations, or special event permits in a manner | 5 | | inconsistent with subsection (b) of Section 3, subsection (b) | 6 | | of Section 4, subsection (b) of Section 5, subsection (b) of | 7 | | Section 6, or subsections (b) or (c) of Section 8 of this Act. | 8 | | This subsection (b) is a limitation under subsection (i) of | 9 | | Section 6 of Article VII of the Illinois Constitution on the | 10 | | concurrent exercise by home rule units of powers and functions | 11 | | exercised by the State. | 12 | | (Source: Laws 1967, p. 3613.)
| 13 | | (430 ILCS 70/8) (from Ch. 38, par. 85-8)
| 14 | | Sec. 8. Sentence.
| 15 | | (a) Violation of this Act is a Class A misdemeanor.
| 16 | | (b) For violations of subsection (b) of Section 3 each | 17 | | individual day any such large public assembly event shall be | 18 | | held without the duly required local special event permit shall | 19 | | be a separate offense. | 20 | | (c) Each failure to notify public safety agencies of a | 21 | | large public assembly event pursuant to subsection (b) of | 22 | | Section 5 of this Act shall be a separate offense. | 23 | | (Source: P.A. 77-2646.)
| 24 | | Section 99. Effective date. This Act takes effect thirty |
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| 1 | | days after becoming law.".
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