Bill Text: IL HB3396 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0045 [HB3396 Detail]

Download: Illinois-2023-HB3396-Enrolled.html

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HB3396 Enrolled LRB103 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

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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

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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.)