HB3540 103RD GENERAL ASSEMBLY

LRB103 29706 LNS 56111 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3540

Introduced 2/17/2023, by Rep. Amy L. Grant

SYNOPSIS AS INTRODUCED:

New Act

Creates the Right of Conscience Act. Defines terms. Provides that no person or qualifying entity shall be coerced to act or engage in speech or held liable for refusing to engage in speech or refusing to act if such refusal was to exercise a right of conscience. Provides that for any action or administrative proceeding brought against a person or qualifying entity that seeks to enjoin or seeks damages for a refusal to engage in speech or an act by the person or qualifying entity, and the person or qualifying entity refused to engage in the speech or refused to act, the person or qualifying entity may assert a counterclaim in the action that the speech or act sought by the plaintiff violates or otherwise infringes upon the person's or qualifying entity's right of conscience. Provides that the remedies under the Act shall be in addition to any other remedy. Provides that if a person or qualifying entity prevails in a counterclaim, the court may award reasonable attorney's fees to the person or qualifying entity.

A BILL FOR

AN ACT concerning civil law.

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 Right of Conscience Act.

Section 5. Definitions. As used in this Act:

"Qualifying entity" means a corporation, partnership, limited liability company, or limited liability partnership in which an individual person has effective or actual majority control.

"Right of conscience" includes, but is not limited to, freedom of speech, freedom to speak to or about an elected official, freedom to advocate for or against a law, freedom to assemble, freedom of religion, freedom to peaceably assemble with individuals of a person's or qualifying entity's own choosing, or other freedoms of conscience.

Section 10. Right of conscience. No person or qualifying entity shall be coerced to act or engage in speech or held liable for refusing to engage in speech or refusing to act if such refusal was to exercise a right of conscience.

Section 15. Right of conscience action. For any action or administrative proceeding brought against a person or qualifying entity that seeks to enjoin or seeks damages for a refusal to engage in speech or an act by the person or qualifying entity, and the person or qualifying entity refused to engage in the speech or refused to act, the person or qualifying entity may assert a counterclaim in the action that the speech or act sought by the plaintiff violates or otherwise infringes upon the person's or qualifying entity's right of conscience.

Section 20. Nonexclusive remedy. The remedies under this Act shall be in addition to any other remedy.

Section 25. Attorney's fees. If a person or qualifying entity prevails in a counterclaim brought under Section 15, the court may award reasonable attorney's fees to the person or qualifying entity.