HB4264 103RD GENERAL ASSEMBLY

LRB103 35499 LNS 65569 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4264

Introduced 1/16/2024, by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

New Act

Creates the Good Samaritan Menstrual Products Act. Prohibits a person, manufacturer, or distributor from being held liable for damages incurred resulting from any illness or disease contracted by the ultimate user or recipient of an apparently usable menstrual product due to the nature, age, condition, or packaging of the menstrual product that the person, manufacturer, or distributor donates in good faith to a nonprofit organization for ultimate distribution to an individual in need of such menstrual product. Prohibits a nonprofit organization from being held liable for damages incurred resulting from any illness or disease contracted by the ultimate user or recipient of an apparently usable menstrual product due to the condition of the menstrual product. Sets forth exceptions. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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 Good Samaritan Menstrual Products Act.

Section 5. Definitions. As used in this Act:

"Apparently usable" means, with respect to the product, that the product meets all quality and labeling standards imposed by federal, State, and local laws, rules, and regulations, even if the product may not be readily marketable.

"Donor" means a person, manufacturer, or distributor who donates an apparently usable menstrual product to a nonprofit organization.

"Menstrual product" means a sanitary napkin, tampon, liner, cup, and any similar item used by an individual with respect to menstruation.

Section 10. Donor's immunity from liability.

(a) Except as provided in subsection (b), a person, manufacturer, or distributor shall not be subject to civil action based on the theory of warranty, negligence, or strict liability in tort for damages incurred resulting from any illness or disease contracted by the ultimate user or recipient of an apparently usable menstrual product due to the nature, age, condition, or packaging of the menstrual product that the person, manufacturer, or distributor donates in good faith to a nonprofit organization for ultimate distribution to an individual in need of such menstrual product.

(b) The immunity provided in subsection (a) shall not apply if:

(1) the illness or disease resulted from the willful, wanton, or reckless acts of the donor;

(2) the donor had actual or constructive knowledge that the menstrual product was tainted, contaminated, or harmful to the health or well-being of the recipient of the donated menstrual product; or

(3) the menstrual product was defective to the extent that they could not be sold to members of the general public; however, if the container of the menstrual product was simply dented or battered does not constitute such a defect so as to preclude the grant of immunity provided by subsection (a).

Section 15. Nonprofit organization immunity from liability.

(a) Except as provided in subsection (b), a nonprofit organization which in good faith receives menstrual products for free distribution and which reasonably inspects the menstrual product at the time of donation and finds the menstrual product apparently usable for humans shall not be liable in any civil action based on the theory of warranty, negligence, or strict liability in tort, for damages incurred resulting from any illness or disease contracted by the ultimate user or recipient of an apparently usable menstrual product due to the condition of the menstrual product.

(b) The immunity provided in subsection (a) shall not apply if:

(1) the illness or disease resulted from the willful, wanton, or reckless acts of the nonprofit organization;

(2) the nonprofit organization had actual or constructive knowledge that the menstrual product was tainted, contaminated, or harmful to the health or well-being of the recipient of such donated menstrual product; or

(3) the menstrual product was defective to the extent that they could not be sold to the members of the general public; however, if the container of the menstrual product was simply dented or battered does not constitute such a defect so as to preclude the grant of immunity provided by subsection (a).

Section 99. Effective date. This Act takes effect upon becoming law.