103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5582
 
Introduced 2/9/2024, by Rep. Hoan Huynh
 
SYNOPSIS AS INTRODUCED:
 
New Act
    Creates the Gender-Neutral Toy Act. Provides that a retail department store that offers childcare items or toys for sale shall maintain a gender-neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys. Provides that the provision shall apply only to retail department stores that are physically located in the State that have a total of 500 or more employees across all retail department store locations in the State. Provides that, beginning on January 1, 2025, a retail department store that fails to comply with the Act is subject to a civil penalty not to exceed $250 for a first violation and not to exceed $500 for any subsequent violation, that may be assessed and recovered in a civil action by the Attorney General in circuit court.


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A BILL FOR
 
HB5582LRB103 38120 SPS 68252 b

1    AN ACT concerning business.
 
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 
5Gender-Neutral Toy Act.
 
6    Section 5. Findings.
7    (a) Unjustified differences in similar products that are 
8traditionally marketed either for girls or for boys can be 
9more easily identified by the consumer if similar items are 
10displayed closer to one another in one, undivided area of the 
11retail sales floor.
12    (b) Keeping similar items that are traditionally marketed 
13either for girls or for boys separated makes it more difficult 
14for the consumer to compare the products and incorrectly 
15implies that their use by one gender is inappropriate.
 
16    Section 10. Definitions. As used in this Act:
17    "Childcare item" means any product designed or intended by 
18the manufacturer to facilitate sleep, relaxation, or the 
19feeding of children, or to help children with sucking or 
20teething.
21    "Children" means persons 12 years of age or less.
22    "Toy" means a product designed or intended by the 
 
 
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1manufacturer to be used by children when they play.
 
2    Section 15. Gender-neutral toy requirements.
3    (a) A retail department store that offers childcare items 
4or toys for sale shall maintain a gender-neutral section or 
5area, to be labeled at the discretion of the retailer, in which 
6a reasonable selection of the items and toys for children that 
7it sells shall be displayed, regardless of whether they have 
8been traditionally marketed for either girls or for boys.
9    (b) This Section shall apply only to retail department 
10stores that are physically located in this State that have a 
11total of 500 or more employees across all retail department 
12store locations in this State. This Section shall not apply to 
13retail department stores that are physically located outside 
14of this State.
 
15    Section 20. Enforcement by Attorney General. Beginning on 
16January 1, 2025, a retail department store that fails to 
17comply with this Act is subject to a civil penalty not to 
18exceed $250 for a first violation and not to exceed $500 for 
19any subsequent violation, that may be assessed and recovered 
20in a civil action by the Attorney General in circuit court. If 
21the Attorney General prevails in an action under this Section, 
22the court shall award to the Attorney General reasonable fees 
23and costs.