HB3853 104TH GENERAL ASSEMBLY

LRB104 09928 BAB 19998 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3853

Introduced 2/18/2025, by Rep. Hoan Huynh - Theresa Mah

SYNOPSIS AS INTRODUCED:

New Act

Creates the Protective Medical Equipment Freedom Act. Provides that every individual has the right to wear protective medical equipment in any place of public accommodation where they have a lawful right to be without obligation to disclose health status or any other protected information, and no person, entity, or authority shall deny, restrict, or infringe upon this right. Operators and public officials shall not discriminate against or penalize medical device wearers for exercising their right to wear protective medical equipment. Discrimination under this Act includes, but is not limited to: denial of service; eviction from premises; any form of harassment to remove or refrain from wearing such equipment for any amount of time; and specified actions taken by employers. Sets forth provisions concerning protection against retaliation; exceptions for security requirements and operational safety; enforcement by the Attorney General; and penalties for violating the Act. Effective immediately.

A BILL FOR

AN ACT concerning human rights.

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 Protective Medical Equipment Freedom Act.

Section 5. Purpose. The purpose of this Act is to ensure that all individuals have the right to wear protective medical equipment in any place of public accommodation, thereby promoting public health and individual safety without discrimination or undue restriction.

Section 10. Definitions. As used in this Act:

"Protective medical equipment" means equipment worn to reduce or minimize exposure to health risks to oneself or others, which includes, but is not limited to:

(1) face masks and respirators, including KN-95, N-95, FFP-2, and FFP-3 quality protection;

(2) elastomeric protection, such as, but not limited to, P-100 protection;

(3) powered air purifying respirators; and

(4) gas masks, gloves, face shields, protective eyewear, full bodysuits, gowns, and small air purifiers worn on a lanyard.

"Place of public accommodation" includes, but is not limited to:

(1) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than 5 units for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;

(2) a restaurant, bar, or other establishment serving food or drink;

(3) a movie theater, theater, concert hall, stadium, or other place of exhibition or entertainment;

(4) an auditorium, convention center, lecture hall, or other place of public gathering;

(5) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

(6) a laundromat, drycleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

(7) public conveyances on air, water, or land;

(8) a terminal, depot, or other station used for specified public transportation;

(9) a museum, library, gallery, or other place of public display or collection;

(10) a park, zoo, amusement park, or other place of recreation;

(11) a nonsectarian nursery, day care center, elementary, secondary, undergraduate, or postgraduate school, or other place of education;

(12) a senior citizen center, homeless shelter, food bank, nonsectarian adoption agency, or other social service center establishment; and

(13) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

"Operator" means any owner, lessee, proprietor, manager, superintendent, agent, or occupant of a place of public accommodation or an employee of any such person or persons.

"Public official" means any officer or employee of the State or any agency, including State political subdivisions, municipal corporations, park districts, forest preserve districts, educational institutions, and schools.

"Medical device wearer" means any individual using protective medical equipment.

Section 15. Right to wear protective medical equipment.

(a) General right.

(1) Every individual has the right to wear protective medical equipment in any place of public accommodation where they have a lawful right to be without obligation to disclose health status or any other protected information.

(2) No person, entity, or authority shall deny, restrict, or infringe upon this right.

(b) Nondiscrimination.

(1) Operators and public officials shall not discriminate against or penalize medical device wearers for exercising their right to wear protective medical equipment.

(2) Discrimination under this Act includes, but is not limited to:

(A) denial of service;

(B) eviction from premises;

(C) any form of harassment to remove or refrain from wearing such equipment for any amount of time; and

(D) actions taken by employers, including, but not limited to:

(i) creating a hostile work environment; and

(ii) termination of employment.

Section 20. Protection against retaliation.

(a) Operators and public officials shall not retaliate or take adverse action against a medical device wearer for exercising their right to wear protective medical equipment or for reporting violations of this Act.

(b) Retaliation under this Act includes, but is not limited to:

(1) intimidation or harassment;

(2) denying future service;

(3) reducing or changing pay or hours;

(4) disciplining; and

(5) reassignment to a less desirable position.

Section 25. Exceptions.

(a) Security requirements. Protective medical equipment may be removed by the medical device wearer upon request temporarily by law enforcement under reasonable suspicion provided that reasonable accommodation is offered.

(b) Operational safety. Specific types of protective medical equipment may be restricted if proven to interfere with the safe operation of machinery or hazardous environments, provided that alternative accommodation or equivalent protection is offered to the individual.

Section 30. Enforcement and penalties.

(a) The Illinois Attorney General is responsible for ensuring compliance with this Act, including the development of any rules necessary for the implementation and enforcement of this Act.

(b) The Illinois Attorney General shall develop and implement a process for receiving and handling complaints from individuals regarding possible violations of this Act.

(c) Whenever the Illinois Attorney General has reasonable cause to believe that a violation of this Act has occurred, the Illinois Attorney General may commence a civil action in the name of the People of the State to obtain appropriate equitable and declaratory relief. Such actions shall be commenced no later than 2 years after the occurrence.

(d) Prior to initiating a civil action, the Illinois Attorney General may conduct a preliminary investigation to determine whether there is reasonable cause to believe that a violation of this Act has occurred. In conducting this investigation, the Illinois Attorney General may:

(1) require the individual or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;

(2) examine under oath any person alleged to have participated in or with knowledge of the alleged pattern and practice violation; or

(3) issue subpoenas or conduct hearings in aid of any investigation.

(e) Service by the Illinois Attorney General of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made:

(1) personally, by delivery of a duly executed copy to the person to be served or, if a person is not a natural person, in the manner provided in the Code of Civil Procedure when a complaint is filed; or

(2) by mailing by certified mail a duly executed copy of the notice or subpoena to the person to be served at his or her last known abode or principal place of business within this State or, if a person is not a natural person, in the manner provided in the Code of Civil Procedure when a complaint is filed.

(3) The Illinois Attorney General may compel compliance with investigative demands under this Section through an order by any court of competent jurisdiction.

(f) (1) In any civil action brought pursuant to subsection (c) of this Section, the Illinois Attorney General may obtain as a remedy equitable and declaratory relief (including any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such violation or ordering any action as may be appropriate). In addition, the Illinois Attorney General may request and the Court may impose a civil penalty to vindicate the public interest in an amount not exceeding $25,000 per violation, or if the defendant has been adjudged to have committed one other violations of this Act within 5 years of the occurrence of the violation that is the basis of the complaint, in an amount not exceeding $50,000.

(2) A civil penalty imposed under this subsection shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund, which is a special fund in the State treasury. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General, including, but not limited to, enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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