Illinois 2023-2024 Regular Session

Illinois House Bill HB3540 Latest Draft

Bill / Introduced Version Filed 02/17/2023

                            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
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3540 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED:
New Act 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
    LRB103 29706 LNS 56111 b
A BILL FOR
HB3540LRB103 29706 LNS 56111 b   HB3540  LRB103 29706 LNS 56111 b
  HB3540  LRB103 29706 LNS 56111 b
1  AN ACT concerning civil law.
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 Right
5  of Conscience Act.
6  Section 5. Definitions. As used in this Act:
7  "Qualifying entity" means a corporation, partnership,
8  limited liability company, or limited liability partnership in
9  which an individual person has effective or actual majority
10  control.
11  "Right of conscience" includes, but is not limited to,
12  freedom of speech, freedom to speak to or about an elected
13  official, freedom to advocate for or against a law, freedom to
14  assemble, freedom of religion, freedom to peaceably assemble
15  with individuals of a person's or qualifying entity's own
16  choosing, or other freedoms of conscience.
17  Section 10. Right of conscience. No person or qualifying
18  entity shall be coerced to act or engage in speech or held
19  liable for refusing to engage in speech or refusing to act if
20  such refusal was to exercise a right of conscience.
21  Section 15. Right of conscience action. For any action or

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3540 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED:
New Act 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
    LRB103 29706 LNS 56111 b
A BILL FOR

 

 

New Act



    LRB103 29706 LNS 56111 b

 

 



 

  HB3540  LRB103 29706 LNS 56111 b


HB3540- 2 -LRB103 29706 LNS 56111 b   HB3540 - 2 - LRB103 29706 LNS 56111 b
  HB3540 - 2 - LRB103 29706 LNS 56111 b
1  administrative proceeding brought against a person or
2  qualifying entity that seeks to enjoin or seeks damages for a
3  refusal to engage in speech or an act by the person or
4  qualifying entity, and the person or qualifying entity refused
5  to engage in the speech or refused to act, the person or
6  qualifying entity may assert a counterclaim in the action that
7  the speech or act sought by the plaintiff violates or
8  otherwise infringes upon the person's or qualifying entity's
9  right of conscience.
10  Section 20. Nonexclusive remedy. The remedies under this
11  Act shall be in addition to any other remedy.
12  Section 25. Attorney's fees. If a person or qualifying
13  entity prevails in a counterclaim brought under Section 15,
14  the court may award reasonable attorney's fees to the person
15  or qualifying entity.

 

 

  HB3540 - 2 - LRB103 29706 LNS 56111 b