Full Text of HB3639 102nd General Assembly
HB3639 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3639 Introduced 2/22/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
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Creates the Freedom of Association and Right to Assembly Act. Provides that no unit of government may infringe upon a qualifying entity's freedom of association; defines "qualifying entity". Provides that it shall be an infringement to condition the grant or award of government or other taxpayer-funded or student-fee-funded benefits or to revoke government or other taxpayer-funded or student-fee-funded benefits on the surrender of the right of freedom of association. Provides that it shall be an infringement to condition the grant or award of government or other taxpayer-funded or student-fee-funded benefits on or to impose on a qualifying entity obligations in which the qualifying entity holds a good faith belief that the obligations imposed would be in violation of State or federal law. Sets forth provisions concerning counterclaims. Effective immediately.
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| | A BILL FOR |
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| | | HB3639 | | LRB102 14528 CMG 19881 b |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Freedom of Association and Right to Assembly Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Freedom of association" includes, but is not limited to, | 8 | | any combination of persons who voluntarily seek to associate | 9 | | with one another or activities of a qualifying entity that | 10 | | seeks to peaceably assemble with its members or join with | 11 | | other members of the public, including, but not limited to, | 12 | | for the following reasons: | 13 | | (1) social opportunities; | 14 | | (2) commercial opportunities; | 15 | | (3) religious opportunities; | 16 | | (4) government petitions or political activity, | 17 | | whether to secure a change in the law or to secure benefits | 18 | | for one or more of its members; or | 19 | | (5) any other lawful purpose directed to advocating, | 20 | | speaking, securing, discussing, advancing, or otherwise | 21 | | promoting the interests of its members. | 22 | | "Qualifying entity" means an entity in the private sector | 23 | | that operates for profit or not for profit as a corporation, |
| | | HB3639 | - 2 - | LRB102 14528 CMG 19881 b |
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| 1 | | partnership, limited liability company, limited liability | 2 | | partnership, private sector union, religious association or | 3 | | order, social organization, fraternity, sorority, or | 4 | | charitable organization. | 5 | | Section 10. Right to associate. | 6 | | (a) No unit of government, including, but not limited to | 7 | | the State of Illinois and its agencies, a school district, or a | 8 | | local unit of government, whether home rule or non-home rule, | 9 | | may infringe upon a qualifying entity's freedom of | 10 | | association. An infringement upon freedom of association shall | 11 | | include, but is not limited to, any of the following: | 12 | | (1) Requiring single sex fraternities or sororities to | 13 | | open their membership to members of the opposite sex. | 14 | | (2) Requiring religious organizations to admit or hire | 15 | | members who violate their religious faith. | 16 | | (3) Requiring a political organization to hire an | 17 | | individual whose political beliefs are opposed to those | 18 | | espoused by the political organization. | 19 | | (b) It shall be an infringement to condition the grant or | 20 | | award of government or other taxpayer-funded or | 21 | | student-fee-funded benefits or to revoke government or other | 22 | | taxpayer-funded or student-fee-funded benefits, including, but | 23 | | not limited to, scholarships, social service grants, | 24 | | contracts, and housing, on the surrender of the right of | 25 | | freedom of association. |
| | | HB3639 | - 3 - | LRB102 14528 CMG 19881 b |
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| 1 | | (c) It shall be an infringement to condition the grant or | 2 | | award of government or other taxpayer-funded or | 3 | | student-fee-funded benefits on or to impose on a qualifying | 4 | | entity obligations in which the qualifying entity holds a good | 5 | | faith belief that the obligations imposed would be in | 6 | | violation of State or federal law. | 7 | | Section 15. Freedom of association infringement action. | 8 | | For any action or administrative proceeding brought against a | 9 | | person or a qualifying entity that seeks to enjoin, seeks | 10 | | damages for a refusal to engage in association, or seeks to | 11 | | condition the provision of government benefits upon waiving | 12 | | the freedom of association, the person or qualifying entity | 13 | | may assert a counterclaim in the action that the government | 14 | | action violates or otherwise infringes upon the person's or | 15 | | qualifying entity's freedom of association. | 16 | | Section 20. Nonexclusive remedy. The remedies under this | 17 | | Act shall be in addition to any other remedy. | 18 | | Section 25. Attorney's fees. If a person or qualifying | 19 | | entity prevails in a counterclaim brought under Section 15, | 20 | | the court may award reasonable attorney's fees to the person | 21 | | or qualifying entity.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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