Illinois General Assembly - Full Text of SB3105
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Full Text of SB3105  103rd General Assembly

SB3105 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3105

 

Introduced 2/2/2024, by Sen. Steve Stadelman

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Prohibiting Coercive Subcutaneous Implants Act. Prohibits a person or entity from requiring, coercing, or compelling any other individual to undergo the subcutaneous implant of an identification device. Prohibits an employer from inquiring during an interview if a prospective employee will consent to having a subcutaneous identification device implanted in his or her body. Requires an employer to provide reasonable accommodations for an employee who does not consent to having a device implanted in his or her body. Requires an employer to remove the device from the employee's body within 30 days of separation from employment if the employee so requests. Prohibits an employer from discriminating or taking any retaliatory action against any employee because the employee, in good faith, does or threatens to do any of the following with respect to his or her rights under this Act: (i) file a claim or complaint; (ii) initiate any inquiry, investigation, proceeding, or other action; or (iii) testify or provide information to any person in connection to their rights afforded by this Act. Makes conditions for the employer to follow for voluntary implantation. Creates a private cause of action for any person who is subject to a violation of this Act with liquidated damages of $10,000 or actual damages, whichever is greater; reasonable attorney's fees and costs, punitive damages, and other relief as a State or federal court deems appropriate. Effective January 1, 2025.


LRB103 37571 JRC 67697 b

 

 

A BILL FOR

 

SB3105LRB103 37571 JRC 67697 b

1    AN ACT concerning civil law.
 
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
5Prohibiting Coercive Subcutaneous Implants Act.
 
6    Section 5. Definitions. In this Act:
7    "Employee" means a person who is employed by an employer,
8or who contracts to perform certain work away from an
9employer's premises, uses his or her own methods to accomplish
10the work, and is subject to the control of the employer only as
11to the results of performed work.
12    "Employer" means a person who employs any number of
13employees within this State.
14    "Identification device" means any item, application, or
15product that is passively or actively capable of transmitting
16personal information, including, but not limited to, devices
17using radio frequency technology.
18    "Person" means an individual, business association,
19partnership, limited partnership, corporation, limited
20liability company, trust, estate, cooperative association, or
21other entity.
22    "Personal information" includes any of the following data
23elements to the extent they are used alone or in conjunction

 

 

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1with any other information used to identify an individual:
2        (1) first or last name;
3        (2) address;
4        (3) telephone number;
5        (4) e-mail, Internet Protocol, or website address;
6        (5) date of birth;
7        (6) driver's license number or government-issued
8    identification card number;
9        (7) any unique personal identifier number contained or
10    encoded on a driver's license or government-issued
11    identification card;
12        (8) bank, credit card, or other financial institution
13    account number;
14        (9) any unique personal identifier contained or
15    encoded on a health insurance, health benefit, or benefit
16    card or record issued in conjunction with any
17    government-supported aid program;
18        (10) religion;
19        (11) ethnicity or nationality;
20        (12) photograph;
21        (13) fingerprint or other biometric identifier;
22        (14) social security number; or
23        (15) any unique personal identifier.
24    "Require, coerce, or compel" means physical violence,
25threat, intimidation, retaliation, the conditioning of any
26private or public benefit or care on consent to implantation,

 

 

SB3105- 3 -LRB103 37571 JRC 67697 b

1including employment, promotion, or other employment benefit,
2or by any means that causes a reasonable person of ordinary
3susceptibilities to acquiesce to implantation when he or she
4otherwise would not.
5    "Subcutaneous" means existing, performed, or introduced
6under or on the skin.
 
7    Section 10. Prohibition on coercive subcutaneous implants.
8Except as provided in Section 35, a person shall not require,
9coerce, or compel any other individual to undergo the
10subcutaneous implanting of an identification device.
 
11    Section 15. Employment-specific prohibitions and duties.
12    (a) Job interviews An employer shall not inquire during an
13interview if a prospective employee will consent to having a
14subcutaneous identification device implanted in his or her
15body.
16    (b) Reasonable accommodations An employer shall provide
17reasonable accommodations for an employee who does not consent
18to having a subcutaneous identification device implanted in
19his or her body.
20    (c) Implant removal upon separation from employment If an
21employee is separated from employment, the subcutaneous
22identification device shall be removed from the employee's
23body within 30 days of separation from employment. However, an
24employee may elect to retain a subcutaneous identification

 

 

SB3105- 4 -LRB103 37571 JRC 67697 b

1device after separation from employment. If an employee elects
2to retain a subcutaneous identification device after
3separation from employment, the employee assumes
4responsibility for all costs associated with the microchip,
5and subsection (d) shall not apply.
6    (d) Conditions for voluntary implantation. If an employee
7receives a subcutaneous identification devices at the request
8of the employer, the employer shall do all of the following:
9        (1) Pay all the costs associated with implanting and
10    removing the subcutaneous identification device.
11        (2) Pay all the medical costs incurred by the employee
12    as a result of any bodily injury to the employee caused by
13    the subcutaneous implantation of the identification device
14    or the presence of the device in the employee's body.
15        (3) Disclose to the employee the data that will be
16    maintained on the subcutaneous identification device and
17    how the data that is maintained on the device will be used
18    by the employer.
 
19    Section 20. Civil liability. Any person who violates
20Section 10 may be assessed an initial civil penalty of no more
21than $10,000, and no more than $1,000 for each day the
22violation continues until the deficiency is corrected. That
23civil penalty may be assessed and recovered in a civil action
24brought in any court of competent jurisdiction. The court may
25also grant a prevailing plaintiff reasonable attorney's fees

 

 

SB3105- 5 -LRB103 37571 JRC 67697 b

1and litigation costs, including, but not limited to, expert
2witness fees and expenses as part of the costs.
 
3    Section 25. Right of action. Any party directly aggrieved
4by a violation of this Act shall have a right of action in a
5State circuit court or as a supplemental claim in federal
6district court against an offending party. A prevailing party
7may recover for each violation:
8        (1) against a person that intentionally or recklessly
9    violates a provision of this Act, liquidated damages of
10    $10,000 or actual damages, whichever is greater;
11        (2) reasonable attorney's fees and costs, including
12    expert witness fees and other litigation expenses;
13        (3) other relief, including an injunction, as the
14    State or federal court may deem appropriate; and
15        (4) punitive damages upon proof of the defendant's
16    malice, oppression, fraud, or duress in requiring,
17    coercing, or compelling the plaintiff to undergo the
18    subcutaneous implanting of an identification device.
 
19    Section 30. Statute of limitations. With the exception of
20Section 30, an action brought pursuant to this Act shall be
21commenced within 5 years of the date upon which the
22identification device was implanted.
 
23    Section 35. Minor and dependent adult victims. If the

 

 

SB3105- 6 -LRB103 37571 JRC 67697 b

1victim was a dependent adult or minor when the implantation
2occurred, actions brought pursuant to this Act shall be
3commenced within 3 years after the date the plaintiff, or his
4or her guardian or parent, discovered or reasonably should
5have discovered the implant, or within 8 years after the
6plaintiff attains the age of majority, whichever date occurs
7later.
 
8    Section 40. Affirmation of parental rights. This Act shall
9not in any way modify existing statutory or case law regarding
10the rights of parents or guardians, the rights of children or
11minors, or the rights of dependent adults.
 
12    Section 45. Retaliation. No person shall discriminate or
13take any retaliatory action against any employee because the
14employee, in good faith, does or threatens to do any of the
15following with respect to his or her rights under this Act:
16        (1) file a claim or complaint;
17        (2) initiate any inquiry, investigation, proceeding,
18    or other action; or
19        (3) testify or provide information to any person in
20    connection to his or her rights afforded by this Act.
 
21    Section 99. Effective date. This Act takes effect January
221, 2025.