Bill Text: IL HB3639 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3639 Detail]

Download: Illinois-2021-HB3639-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3639 Introduced , 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.
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A BILL FOR
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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,

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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.

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(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.