SB 3340

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of SB3340
Home
Legislation
Full Text
	SB3340 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
			Engrossed
			Senate Amendment 001
		Printer Friendly Version
		Introduced
		Engrossed
		Senate Amendment 001
			 Open PDF
		SB3340 Engrossed		LRB104 19556 BAB 33004 b
1    AN ACT concerning human rights.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title; references to Act.
5    (a) This Act may be cited as the Protective Medical
6Equipment Freedom Act.
7    (b) This Act may be referred to as Kiki's Law.
8    Section 5. Purpose. The General Assembly finds the
9following:
10        (1) All individuals have the right to wear protective
11    medical equipment in any place of public accommodation,
12    thereby promoting public health and individual safety
13    without discrimination or undue restriction.
14        (2) Colette "Kiki" Walkington had extremely complex
15    medical needs and fragile health. After receiving a kidney
16    transplant from her father, Kiki was placed on
17    immunosuppressants and would most likely not survive any
18    severe respiratory infection. Kiki was full of joy and
19    brought light to all those who knew her. Mask wearing by
20    her family and others provided Kiki with a layer of
21    life-saving protection without isolation, allowing her to
22    live a fuller, happier life.
		SB3340 Engrossed	- 2 -	LRB104 19556 BAB 33004 b
1    Section 10. Definitions. As used in this Act:
2    "Medical device wearer" means any individual using
3protective medical equipment.
4    "Operator" means any owner, lessee, proprietor, manager,
5superintendent, agent, or occupant of a place of public
6accommodation or an employee of any such person or persons.
7    "Place of public accommodation" includes, but is not
8limited to:
9        (1) an inn, hotel, motel, or other place of lodging,
10    except for an establishment located within a building that
11    contains not more than 5 units for rent or hire and that is
12    actually occupied by the proprietor of such establishment
13    as the residence of such proprietor;
14        (2) a restaurant, bar, or other establishment serving
15    food or drink;
16        (3) a movie theater, theater, concert hall, stadium,
17    or other place of exhibition or entertainment;
18        (4) an auditorium, convention center, lecture hall, or
19    other place of public gathering;
20        (5) a bakery, grocery store, clothing store, hardware
21    store, shopping center, or other sales or rental
22    establishment;
23        (6) a laundromat, drycleaner, bank, barber shop,
24    beauty shop, travel service, shoe repair service, funeral
25    parlor, gas station, office of an accountant or lawyer,
26    pharmacy, insurance office, professional office of a
		SB3340 Engrossed	- 3 -	LRB104 19556 BAB 33004 b
1    health care provider, hospital, or other service
2    establishment;
3        (7) public conveyances on air, water, or land;
4        (8) a terminal, depot, or other station used for
5    specified public transportation;
6        (9) a museum, library, gallery, or other place of
7    public display or collection;
8        (10) a park, zoo, amusement park, or other place of
9    recreation;
10        (11) a nonsectarian nursery, day care center,
11    elementary, secondary, undergraduate, or postgraduate
12    school, or other place of education;
13        (12) a senior citizen center, homeless shelter, food
14    bank, nonsectarian adoption agency, or other social
15    service center establishment; and
16        (13) a gymnasium, health spa, bowling alley, golf
17    course, or other place of exercise or recreation.
18    "Protective medical equipment" means equipment worn to
19reduce or minimize exposure to health risks to oneself or
20others, which includes, but is not limited to:
21        (1) face masks and respirators, with or without
22    particulate matter or vapor cartridges, including KN-95,
23    N-95, FFP-2, and FFP-3 quality protection;
24        (2) elastomeric protection, such as, but not limited
25    to, P-100 protection;
26        (3) powered air purifying respirators; and
		SB3340 Engrossed	- 4 -	LRB104 19556 BAB 33004 b
1        (4) gloves, face shields, protective eyewear, clear
2    window masks, and small air purifiers worn on a lanyard.
3    "Protective medical equipment" does not include ski masks
4and balaclavas.
5    "Public official" means any officer or employee of the
6State or any agency, including State political subdivisions,
7municipal corporations, park districts, forest preserve
8districts, educational institutions, and schools.
9    "Undue hardship" means an action that is prohibitively
10expensive or disruptive when considered in light of the
11following factors:
12        (1) the nature and cost of ensuring the right to wear
13    protective medical equipment;
14        (2) the overall financial resources of the facility or
15    facilities involved in ensuring the right to wear
16    protective medical equipment, the number of persons
17    employed at such facility, the effect on expenses and
18    resources, or the impact of ensuring the right to wear
19    protective medical equipment upon the operation of the
20    facility;
21        (3) the overall financial resources of the operator,
22    the overall size of the business of the place of public
23    accommodation with respect to the number of its operators,
24    and the number, type, and location of the facilities of
25    the place of public accommodation; and
26        (4) the type of operation or operations of the place
		SB3340 Engrossed	- 5 -	LRB104 19556 BAB 33004 b
1    of public accommodation, including the composition,
2    structure, and functions of its workforce and the
3    geographic separateness, administrative, or fiscal
4    relationship of the facility or facilities to the place of
5    public accommodation.
6    Section 15. Right to wear protective medical equipment.
7    (a) General right.
8        (1) All individuals within this State have the right
9    to wear protective medical equipment in any place of
10    public accommodation where they have a lawful right to be
11    without obligation to disclose health status or any other
12    protected information.
13        (2) No person, entity, or authority shall deny,
14    restrict, or infringe upon this right.
15    (b) Nondiscrimination.
16        (1) Operators and public officials shall not
17    discriminate against or penalize medical device wearers
18    for exercising their right to wear protective medical
19    equipment.
20        (2) Discrimination under this Act includes, but is not
21    limited to:
22            (A) denial of goods, services, facilities,
23        privileges, advantages, or accommodations;
24            (B) eviction from premises;
25            (C) any form of harassment to remove or refrain
		SB3340 Engrossed	- 6 -	LRB104 19556 BAB 33004 b
1        from wearing such equipment for any amount of time;
2            (D) actions taken by employers, including, but not
3        limited to:
4                (i) creating a hostile work environment; and
5                (ii) termination of employment; and
6            (E) provision of unequal goods, services,
7        facilities, advantages, or accommodations.
8    Section 20. Protection against retaliation.
9    (a) Operators and public officials shall not retaliate or
10take adverse action against a medical device wearer for
11exercising their right to wear protective medical equipment or
12for reporting violations of this Act.
13    (b) Retaliation under this Act includes, but is not
14limited to:
15        (1) intimidation or harassment;
16        (2) denying future service;
17        (3) reducing or changing pay or hours;
18        (4) disciplining; and
19        (5) reassignment to a less desirable position.
20    Section 25. Exceptions.
21    (a) Security requirements. Protective medical equipment
22may be removed temporarily by the medical device wearer upon
23request by law enforcement in accordance with security
24regulations, procedures, or protocols under State and federal
		SB3340 Engrossed	- 7 -	LRB104 19556 BAB 33004 b
1law, provided that reasonable accommodation is offered.
2    (b) Operational safety. Specific types of protective
3medical equipment may be restricted if proven to interfere
4with the safe operation of machinery or hazardous
5environments, provided that reasonable accommodation or
6equivalent protection is offered to the individual.
7    (c) Age and identity restricted products. Protective
8medical equipment shall be briefly removed by the medical
9device wearer upon request by an operator to verify
10identification to purchase any product for which verification
11of the identity or age of an individual is required by State or
12federal law, including, but not limited to:
13        (1) alcohol;
14        (2) tobacco products;
15        (3) marijuana products;
16        (4) prescriptions;
17        (5) firearms and ammunition;
18        (6) cleaning chemicals containing sodium hydroxide or
19    corrosive substances;
20        (7) fertilizer; and
21        (8) any additional products restricted by State or
22    federal law.
23    (d) Financial institution customer identification.
24Protective medical equipment shall be briefly removed by the
25medical device wearer upon request by an operator of a bank,
26savings bank, credit union, or trust company, or any
		SB3340 Engrossed	- 8 -	LRB104 19556 BAB 33004 b
1subsidiary or affiliate thereof, that is authorized to do
2business under the laws of this State or of the United States,
3to verify identification upon entering the premises of the
4bank, savings bank, credit union, or trust company, or a
5subsidiary or affiliate thereof.
6    (e) Lodging customer identification. Protective medical
7equipment shall be briefly removed by the medical device
8wearer upon request by an operator of an inn, motel, or other
9place of lodging to verify identification upon check-in.
10    (f) Reasonable confirmation of identity. For applicable
11situations under subsections (c), (d), and (e), a person
12wearing protective medical equipment may continue to do so if
13clear window masks or other forms of protective medical
14equipment allow an operator to reasonably confirm the
15individual's facial features without removal of the protective
16medical equipment.
17        (1) Determination of whether identity can be
18    reasonably confirmed shall be at the discretion of the
19    operator, consistent with State and federal law.
20        (2) If the operator cannot reasonably confirm the
21    individual's identity while the protective equipment
22    remains in place, the operator may request that the
23    individual briefly remove the equipment solely for the
24    purpose of visual identification.
25        (3) An operator shall not be liable for refusing to
26    sell, provide, or deliver any product, service, guest
		SB3340 Engrossed	- 9 -	LRB104 19556 BAB 33004 b
1    accommodation, or room if:
2            (A) verification of identity or age is required by
3        State or federal law; or
4            (B) the operator, in good faith, determines that
5        identity cannot be reasonably confirmed while the
6        protective medical equipment remains in place, and the
7        individual refuses to comply with a reasonable request
8        to briefly remove protective medical equipment for
9        visual identification.
10        (4) Nothing in this Act shall be construed to require
11    an operator to complete a sale, furnish a service, or
12    provide access to guest accommodations to any individual
13    who declines to comply with such a reasonable request.
14    (g) Undue hardship exemption. The operator of a place of
15public accommodation has the burden of proving undue hardship.
16The fact that an operator would allow similarly situated
17individuals to wear protective medical equipment creates a
18rebuttable presumption that the right to wear protective
19medical equipment does not impose an undue hardship on the
20operator.
21    Section 97. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.