HB3639 102ND GENERAL ASSEMBLY

LRB102 14528 CMG 19881 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3639

Introduced 2/22/2021, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

New Act

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.

A BILL FOR

AN ACT concerning government.

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 Freedom of Association and Right to Assembly Act.

Section 5. Definitions. In this Act:

"Freedom of association" includes, but is not limited to, any combination of persons who voluntarily seek to associate with one another or activities of a qualifying entity that seeks to peaceably assemble with its members or join with other members of the public, including, but not limited to, for the following reasons:

(1) social opportunities;

(2) commercial opportunities;

(3) religious opportunities;

(4) government petitions or political activity, whether to secure a change in the law or to secure benefits for one or more of its members; or

(5) any other lawful purpose directed to advocating, speaking, securing, discussing, advancing, or otherwise promoting the interests of its members.

"Qualifying entity" means an entity in the private sector that operates for profit or not for profit as a corporation, partnership, limited liability company, limited liability partnership, private sector union, religious association or order, social organization, fraternity, sorority, or charitable organization.

Section 10. Right to associate.

(a) No unit of government, including, but not limited to the State of Illinois and its agencies, a school district, or a local unit of government, whether home rule or non-home rule, may infringe upon a qualifying entity's freedom of association. An infringement upon freedom of association shall include, but is not limited to, any of the following:

(1) Requiring single sex fraternities or sororities to open their membership to members of the opposite sex.

(2) Requiring religious organizations to admit or hire members who violate their religious faith.

(3) Requiring a political organization to hire an individual whose political beliefs are opposed to those espoused by the political organization.

(b) 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, including, but not limited to, scholarships, social service grants, contracts, and housing, on the surrender of the right of freedom of association.

(c) 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.

Section 15. Freedom of association infringement action. For any action or administrative proceeding brought against a person or a qualifying entity that seeks to enjoin, seeks damages for a refusal to engage in association, or seeks to condition the provision of government benefits upon waiving the freedom of association, the person or qualifying entity may assert a counterclaim in the action that the government action violates or otherwise infringes upon the person's or qualifying entity's freedom of association.

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.

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