Bill Amendment: IL HB5379 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SAFETY-TECH

Status: 2016-04-22 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5379 Detail]

Download: Illinois-2015-HB5379-House_Amendment_001.html

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Rep. Edward J. Acevedo

Filed: 4/4/2016

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AMENDMENT TO HOUSE BILL 5379
AMENDMENT NO. ______. Amend House Bill 5379 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Public Demonstrations Law is
amended by changing Sections 2, 3, 4, 5, 6, 7, and 8 and adding
Section 2a as follows:
(430 ILCS 70/2) (from Ch. 38, par. 85-2)
Sec. 2. Purpose and findings Declaration of purpose. It is
declared to be the public policy of this State: That the
maintenance of good order on highways, as defined in Section
2-202 of the "Illinois Highway Code", is a paramount
responsibility of democratic government;
That the public health, welfare and safety of the community
require that the movement of vehicular traffic on such roadways
be lawfully conducted with a minimum of disruption;
That the practice of unhindered or unrestrained picketing

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or demonstrating on such roadways has caused disruption of
police, fire and emergency services, and injury to persons
regardless of participation in the march, assembly or
demonstration;
That the practice of multiple demonstrations on the same
day in different locations in municipalities and
unincorporated areas of counties has unreasonably deprived the
citizens of the police, fire and emergency services; and
That the effective sharing of information and planning for
large public assembly events by municipalities and law
enforcement agencies is critical to protecting the public and
public safety;
That the public health, welfare, and safety of the
community require that large public assembly events
demonstrate a minimum of safety planning and coordination among
State and local law enforcement and emergency management
agencies;
That the practice of unhindered or unrestrained public
assemblies, particularly for commercial purposes, poses
serious security and safety challenges for participants and
residents;
That the practice of waiving standard event permit
application procedures for large public assembly events could
deprive or impair the delivery of appropriate police, fire and
emergency services to citizens of Illinois;
That requiring notification to relevant public safety

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agencies enhances the public health, safety, and welfare; and
That the provisions herein enacted are the least burdensome
means necessary for the protection of the health, welfare and
safety of the public.
(Source: P.A. 81-840.)
(430 ILCS 70/2a new)
Sec. 2a. Definition. As used in this Act, "large public
assembly event" means any for-profit or commercial event
expected to draw 1,000 or more participants in a single day,
when paid admission to attend the event is not required. "Large
public assembly event" includes, but is not limited to,
activities such as: presentations of live or recorded music
performances and concerts; theater and movies; sports
tournaments, competitions, and exhibitions including those of
sports such as football, hockey, basketball, boxing, martial
arts, extreme sports exhibitions, simulcasts of sporting
events; and farmers' markets. "Large public assembly event"
does not include: gatherings of a solely religious,
educational, or political nature; or gatherings pursuant to a
special event permit or other application process adopted by a
park district, school district, or forest preserve district;
however, such gatherings must still comply with the public
safety agency notification requirements of subsection (b) of
Section 5 of this Act.

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(430 ILCS 70/3) (from Ch. 38, par. 85-3)
Sec. 3. Permits Unlawful action-Parade permit.
(a) Parade permit. It is unlawful for any person, group or
organization to conduct or participate in any march, assembly,
meeting, parade, or gathering on roadways in more than one
specific area of or location in, any municipality or the
unincorporated area of a county, on any given day, unless it is
acting under authority of a duly issued municipal or county
parade or demonstration permit if local ordinance or regulation
requires a permit, or, if not, with permission of the principal
law enforcement officer for the area. Only the person, group,
or organization responsible for organizing the march,
assembly, meeting, parade, or gathering is required to obtain a
permit or the permission of the principal law enforcement
officer, which shall be sufficient to encompass all
participants. If a march, assembly, meeting, parade, or
gathering on roadways involves the act of crossing or
traversing over or upon active railroad tracks, the municipal
or county authority or principal law enforcement officer, as
part of its permit or permission process, may prohibit any
portion of the route that involves the act of crossing or
traversing over or upon active railroad tracks.
(b) Special event permit. It is unlawful for any person,
group, or organization to conduct, promote, or produce any
large public assembly event in any municipality with a
population of 75,000 or more, on any given day, at any fixed

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location on or within 100 feet of a public way, unless such
large public assembly event is held under the authority of a
duly issued municipal or county parade or special event permit,
or in the event the municipality or unincorporated area does
not require special event permits, then with permission of the
principal law enforcement officer for the municipality or
unincorporated area. Only the principal person, group, or
organization responsible for conducting, promoting, or
producing the large public assembly event is required to obtain
a permit or the permission of the principal law enforcement
officer, which shall be sufficient to encompass all
participants.
(Source: P.A. 98-320, eff. 8-12-13.)
(430 ILCS 70/4) (from Ch. 38, par. 85-4)
Sec. 4. Acting with other groups - Size of assemblage.
(a) Acting with other groups. It is unlawful for any group
or organization or any individual acting with the group or
organization, to conduct or participate in any march, assembly,
meeting, parade, or gathering on roadways unless the march,
assembly, meeting, parade, or gathering is limited to numbers
that, in the opinion of the principal law enforcement officer,
will not obstruct pedestrian or vehicular traffic in an
unreasonable manner. The principal law enforcement officer
shall, within 12 hours of receiving the notice required by
subsection (a) of Section 5, inform the group or organization

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as to the limitation on number of persons allowed to
participate.
(b) Large public assembly events. A special event permit
must be obtained for large public assembly events with an
audience meeting or exceeding or reasonably expected to meet or
exceed 1,000 attendees in a municipality with a population of
75,000 or more.
(Source: P.A. 98-320, eff. 8-12-13.)
(430 ILCS 70/5) (from Ch. 38, par. 85-5)
Sec. 5. Notice of assemblage in writing-Contents.
(a) Generally. It is unlawful for any group or organization
to conduct or participate in any march, assembly, meeting,
parade, or gathering on roadways unless the principal law
enforcement officer has been given notice in writing of the
location, the maximum number of persons participating, and the
names and addresses of the organizers of the march, assembly,
meeting, parade, or gathering, its route, and its time of
inception and duration at least 24 hours before inception.
(b) Large public assembly events. The organizer of a large
public assembly event must provide the Illinois State Police,
the Illinois Emergency Management Agency, and the principal law
enforcement officer for the jurisdiction with written notice of
the location, time, expected attendance, its time of inception,
and duration pursuant to the required local municipality
special event permit.

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(Source: P.A. 98-320, eff. 8-12-13.)
(430 ILCS 70/6) (from Ch. 38, par. 85-6)
Sec. 6. Time of holding.
(a) Requirements. It is unlawful for any group,
organization, or any individual to conduct or participate in
any march, assembly, meeting, parade, or gathering on roadways
during peak traffic periods unless authorized by the principal
law enforcement officer for the area in which the march,
assembly, meeting, parade, or gathering is to be held. Peak
traffic periods, unless otherwise set by municipal or county
authority, are for the purposes of this Act declared to be 7:30
a.m. o'clock to 9:00 a.m. o'clock in the forenoon, and from
4:30 p.m. o'clock to 6:00 p.m. o'clock in the afternoon, Monday
through Friday except for State and National holidays.
(b) Large public assembly events. Municipalities subject
to this Act shall not waive or exempt commercial purpose large
public assembly events from the requirements of this Act.
(Source: P.A. 98-320, eff. 8-12-13.)
(430 ILCS 70/7) (from Ch. 38, par. 85-7)
Sec. 7. Conflict with municipal ordinance. Nothing in this
Act shall be construed to invalidate or repeal by inference any
local or municipal enactment in regard to parades or
demonstrations, but if there is an unreconcilable conflict this
Act shall prevail as to such portion or portions that are in

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direct conflict, except as to duly designated peak hours of
traffic within its boundaries.
(b) A home rule unit may not regulate parades,
demonstrations, or special event permits in a manner
inconsistent with subsection (b) of Section 3, subsection (b)
of Section 4, subsection (b) of Section 5, subsection (b) of
Section 6, or subsections (b) or (c) of Section 8 of this Act.
This subsection (b) is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(Source: Laws 1967, p. 3613.)
(430 ILCS 70/8) (from Ch. 38, par. 85-8)
Sec. 8. Sentence.
(a) Violation of this Act is a Class A misdemeanor.
(b) For violations of subsection (b) of Section 3 each
individual day any such large public assembly event shall be
held without the duly required local special event permit shall
be a separate offense.
(c) Each failure to notify public safety agencies of a
large public assembly event pursuant to subsection (b) of
Section 5 of this Act shall be a separate offense.
(Source: P.A. 77-2646.)
Section 99. Effective date. This Act takes effect thirty

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days after becoming law.".