Illinois 2023-2024 Regular Session

Illinois House Bill HB3540 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3540 Introduced , 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. LRB103 29706 LNS 56111 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3540 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: New Act 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. LRB103 29706 LNS 56111 b LRB103 29706 LNS 56111 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3540 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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.
6	6	LRB103 29706 LNS 56111 b LRB103 29706 LNS 56111 b
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8	8	A BILL FOR
9	9	HB3540LRB103 29706 LNS 56111 b HB3540 LRB103 29706 LNS 56111 b
10	10	HB3540 LRB103 29706 LNS 56111 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Right
15	15	5 of Conscience Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Qualifying entity" means a corporation, partnership,
18	18	8 limited liability company, or limited liability partnership in
19	19	9 which an individual person has effective or actual majority
20	20	10 control.
21	21	11 "Right of conscience" includes, but is not limited to,
22	22	12 freedom of speech, freedom to speak to or about an elected
23	23	13 official, freedom to advocate for or against a law, freedom to
24	24	14 assemble, freedom of religion, freedom to peaceably assemble
25	25	15 with individuals of a person's or qualifying entity's own
26	26	16 choosing, or other freedoms of conscience.
27	27	17 Section 10. Right of conscience. No person or qualifying
28	28	18 entity shall be coerced to act or engage in speech or held
29	29	19 liable for refusing to engage in speech or refusing to act if
30	30	20 such refusal was to exercise a right of conscience.
31	31	21 Section 15. Right of conscience action. For any action or
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35	35	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3540 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED:
36	36	New Act New Act
37	37	New Act
38	38	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.
39	39	LRB103 29706 LNS 56111 b LRB103 29706 LNS 56111 b
40	40	LRB103 29706 LNS 56111 b
41	41	A BILL FOR
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47	47	New Act
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65	65	HB3540 - 2 - LRB103 29706 LNS 56111 b
66	66	1 administrative proceeding brought against a person or
67	67	2 qualifying entity that seeks to enjoin or seeks damages for a
68	68	3 refusal to engage in speech or an act by the person or
69	69	4 qualifying entity, and the person or qualifying entity refused
70	70	5 to engage in the speech or refused to act, the person or
71	71	6 qualifying entity may assert a counterclaim in the action that
72	72	7 the speech or act sought by the plaintiff violates or
73	73	8 otherwise infringes upon the person's or qualifying entity's
74	74	9 right of conscience.
75	75	10 Section 20. Nonexclusive remedy. The remedies under this
76	76	11 Act shall be in addition to any other remedy.
77	77	12 Section 25. Attorney's fees. If a person or qualifying
78	78	13 entity prevails in a counterclaim brought under Section 15,
79	79	14 the court may award reasonable attorney's fees to the person
80	80	15 or qualifying entity.
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86	86	HB3540 - 2 - LRB103 29706 LNS 56111 b