Illinois General Assembly - Full Text of HB3639
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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:
 
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.


LRB102 14528 CMG 19881 b

 

 

A BILL FOR

 

HB3639LRB102 14528 CMG 19881 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Freedom of Association and Right to Assembly Act.
 
6    Section 5. Definitions. In this Act:
7    "Freedom of association" includes, but is not limited to,
8any combination of persons who voluntarily seek to associate
9with one another or activities of a qualifying entity that
10seeks to peaceably assemble with its members or join with
11other members of the public, including, but not limited to,
12for 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
23that operates for profit or not for profit as a corporation,

 

 

HB3639- 2 -LRB102 14528 CMG 19881 b

1partnership, limited liability company, limited liability
2partnership, private sector union, religious association or
3order, social organization, fraternity, sorority, or
4charitable organization.
 
5    Section 10. Right to associate.
6    (a) No unit of government, including, but not limited to
7the State of Illinois and its agencies, a school district, or a
8local unit of government, whether home rule or non-home rule,
9may infringe upon a qualifying entity's freedom of
10association. An infringement upon freedom of association shall
11include, 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
20award of government or other taxpayer-funded or
21student-fee-funded benefits or to revoke government or other
22taxpayer-funded or student-fee-funded benefits, including, but
23not limited to, scholarships, social service grants,
24contracts, and housing, on the surrender of the right of
25freedom of association.

 

 

HB3639- 3 -LRB102 14528 CMG 19881 b

1    (c) It shall be an infringement to condition the grant or
2award of government or other taxpayer-funded or
3student-fee-funded benefits on or to impose on a qualifying
4entity obligations in which the qualifying entity holds a good
5faith belief that the obligations imposed would be in
6violation of State or federal law.
 
7    Section 15. Freedom of association infringement action.
8For any action or administrative proceeding brought against a
9person or a qualifying entity that seeks to enjoin, seeks
10damages for a refusal to engage in association, or seeks to
11condition the provision of government benefits upon waiving
12the freedom of association, the person or qualifying entity
13may assert a counterclaim in the action that the government
14action violates or otherwise infringes upon the person's or
15qualifying entity's freedom of association.
 
16    Section 20. Nonexclusive remedy. The remedies under this
17Act shall be in addition to any other remedy.
 
18    Section 25. Attorney's fees. If a person or qualifying
19entity prevails in a counterclaim brought under Section 15,
20the court may award reasonable attorney's fees to the person
21or qualifying entity.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.