Bill Text: IL HB4264 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0668 [HB4264 Detail]

Download: Illinois-2023-HB4264-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4264 Introduced , 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
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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

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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

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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).