HB5379ham001 99TH GENERAL ASSEMBLY

Rep. Edward J. Acevedo

Filed: 4/4/2016

09900HB5379ham001 LRB099 17498 MJP 45814 a

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 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 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.

(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 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 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.

(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 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 days after becoming law.".