SB1560 100TH GENERAL ASSEMBLY

LRB100 03897 NHT 21576 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1560

Introduced 2/9/2017, by Sen. Michael Connelly

SYNOPSIS AS INTRODUCED:

New Act
110 ILCS 10/2	from Ch. 144, par. 226

Creates the Campus Free Expression Act. Deems the outdoor areas of campuses of institutions of higher education (both private and public) as traditional public forums. Provides that institutions of higher education may maintain and enforce reasonable time, place, and manner restrictions in service of a significant institutional interest only when such restrictions employ clear, published, content-neutral, and viewpoint-neutral criteria and provide for ample alternative means of expression, with any such restrictions allowing for members of the higher education community to spontaneously and contemporaneously assemble. Provides that any person who wishes to engage in noncommercial, expressive activity on campus shall be permitted to do so freely, as long as the person's conduct is not unlawful (subject to an institution's restrictions). Contains enforcement provisions. Amends the Campus Demonstrations Policy Act to make a corresponding change. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Campus Free Expression Act.

Section 5. Definitions. In this Act:

"Expressive activity" includes, but is not limited to, all forms of peaceful assembly, protests, speeches, distributing literature, carrying signs, and circulating petitions.

"Institution of higher education" means a private institution of higher education approved by the Illinois Student Assistance Commission for purposes of the monetary award program under Section 35 of the Higher Education Student Assistance Act or a public institution of higher education in this State.

Section 10. Free expression on campus.

(a) The outdoor areas of campuses of institutions of higher education shall be deemed traditional public forums. Institutions of higher education may maintain and enforce reasonable time, place, and manner restrictions in service of a significant institutional interest only when such restrictions employ clear, published, content-neutral, and viewpoint-neutral criteria and provide for ample alternative means of expression. Any such restrictions shall allow for members of the higher education community to spontaneously and contemporaneously assemble.

(b) Any person who wishes to engage in noncommercial, expressive activity on campus shall be permitted to do so freely, as long as the person's conduct is not unlawful, subject to subsection (a) of this Section.

(c) Nothing in this Section may be interpreted as limiting the right of student expression elsewhere on campus.

Section 50. Enforcement.

(a) The following persons may bring an action in a court of competent jurisdiction to enjoin any violation of this Act or to recover compensatory damages, reasonable court costs, and attorney's fees:

(1) The Attorney General.

(2) Persons whose expressive rights were violated through the violation of this Act.

(b) In an action brought under this Section, if the court finds a violation, the court shall award the aggrieved person no less than $500 for the initial violation, plus $50 for each day the violation remains ongoing.

(c) A person shall be required to bring suit for violation of this Act not later than one year after the day the cause of action accrues. For purposes of calculating the one-year limitation period, each day that the violation persists and each day that a policy in violation of this Act remains in effect shall constitute a new violation of this Act and, therefore, a new day that the cause of action has accrued.

Section 90. The Campus Demonstrations Policy Act is amended by changing Section 2 as follows:

(110 ILCS 10/2) (from Ch. 144, par. 226)

Sec. 2. The administration of each State-supported institution of higher learning is responsible for maintaining decorum and order on the campus of that institution. Any Policy on Demonstrations of a State-supported institution of higher learning must comply with the Campus Free Expression Act.

(Source: P.A. 90-372, eff. 7-1-98.)

Section 99. Effective date. This Act takes effect upon becoming law.