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.


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A BILL FOR
 
HB4264LRB103 35499 LNS 65569 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 Good 
5Samaritan Menstrual Products Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Apparently usable" means, with respect to the product, 
8that the product meets all quality and labeling standards 
9imposed by federal, State, and local laws, rules, and 
10regulations, even if the product may not be readily 
11marketable.
12    "Donor" means a person, manufacturer, or distributor who 
13donates an apparently usable menstrual product to a nonprofit 
14organization.
15    "Menstrual product" means a sanitary napkin, tampon, 
16liner, cup, and any similar item used by an individual with 
17respect to menstruation.
 
18    Section 10. Donor's immunity from liability.
19    (a) Except as provided in subsection (b), a person, 
20manufacturer, or distributor shall not be subject to civil 
21action based on the theory of warranty, negligence, or strict 
22liability in tort for damages incurred resulting from any 
 
 
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1illness or disease contracted by the ultimate user or 
2recipient of an apparently usable menstrual product due to the 
3nature, age, condition, or packaging of the menstrual product 
4that the person, manufacturer, or distributor donates in good 
5faith to a nonprofit organization for ultimate distribution to 
6an individual in need of such menstrual product.
7    (b) The immunity provided in subsection (a) shall not 
8apply if:
9        (1) the illness or disease resulted from the willful, 
10    wanton, or reckless acts of the donor;
11        (2) the donor had actual or constructive knowledge 
12    that the menstrual product was tainted, contaminated, or 
13    harmful to the health or well-being of the recipient of 
14    the donated menstrual product; or
15        (3) the menstrual product was defective to the extent 
16    that they could not be sold to members of the general 
17    public; however, if the container of the menstrual product 
18    was simply dented or battered does not constitute such a 
19    defect so as to preclude the grant of immunity provided by 
20    subsection (a).
 
21    Section 15. Nonprofit organization immunity from 
22liability.
23    (a) Except as provided in subsection (b), a nonprofit 
24organization which in good faith receives menstrual products 
25for free distribution and which reasonably inspects the 
 
 
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1menstrual product at the time of donation and finds the 
2menstrual product apparently usable for humans shall not be 
3liable in any civil action based on the theory of warranty, 
4negligence, or strict liability in tort, for damages incurred 
5resulting from any illness or disease contracted by the 
6ultimate user or recipient of an apparently usable menstrual 
7product due to the condition of the menstrual product.
8    (b) The immunity provided in subsection (a) shall not 
9apply if:
10        (1) the illness or disease resulted from the willful, 
11    wanton, or reckless acts of the nonprofit organization;
12        (2) the nonprofit organization had actual or 
13    constructive knowledge that the menstrual product was 
14    tainted, contaminated, or harmful to the health or 
15    well-being of the recipient of such donated menstrual 
16    product; or
17        (3) the menstrual product was defective to the extent 
18    that they could not be sold to the members of the general 
19    public; however, if the container of the menstrual product 
20    was simply dented or battered does not constitute such a 
21    defect so as to preclude the grant of immunity provided by 
22    subsection (a).
 
23    Section 99. Effective date. This Act takes effect upon 
24becoming law.