HB0834 Engrossed

LRB094 07984 RXD 38166 b






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    AN ACT concerning public health, which may be referred to 
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as Ally's Law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 1. Short title. This Act may be cited as the 
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Restroom Access Act.
 
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    Section 5. Definitions. In this Act:
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    "Customer" means an individual who is lawfully on the 
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premises of a retail establishment.
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    "Eligible medical condition" means Crohn's disease, 
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ulcerative colitis, any other inflammatory bowel disease, 
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irritable bowel syndrome, or any other medical condition that 
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requires immediate access to a toilet facility.

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    "Retail establishment" means a place of business open to 
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the general public for the sale of goods or services.
"Retail 
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establishment" does not include a filling station or service 
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station, with a structure of 800 square feet or less, that has 
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an employee toilet facility located within that structure.
 
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    Section 10. Retail establishment; customer access to 
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restroom facilities. A retail establishment that has a toilet 
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facility for its employees shall allow a customer to use that 
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facility during normal business hours if the toilet facility is 
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reasonably safe and all of the following conditions are met:
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        (1) The customer requesting the use of the employee 
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    toilet facility  suffers from an eligible medical condition 
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    or utilizes an ostomy device.

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        (2) Three or more employees of the retail establishment 
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    are working at the time the customer requests use of the 
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    employee toilet facility.

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        (3) The retail establishment does not normally make a 
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    restroom available to the public.
 


 






HB0834 Engrossed
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LRB094 07984 RXD 38166 b




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        (4) The employee toilet facility is not located in an 
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    area where providing access would create an obvious health 
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    or safety risk to the customer or an obvious security risk 
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    to the retail establishment.

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        (5) A public restroom is not immediately accessible to 
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    the customer.

 
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    Section 15. Liability. 
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    (a) A retail establishment or an employee of a retail 
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establishment is not civilly liable for any act or omission in 
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allowing a customer that has an eligible medical condition to 
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use an employee toilet facility that is not a public restroom 
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if the act or omission meets all of the following:
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        (1) It is not willful or grossly negligent.

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        (2) It occurs in an area of the retail establishment 
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    that is not accessible to the public.

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        (3) It results in an injury to or death of the customer 
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    or any individual other than an employee accompanying the 
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    customer.

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    (b) A retail establishment is not required to make any 
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physical changes to an employee toilet facility under this Act.  
 
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    Section 20. Violation. A retail establishment or an 
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employee of a retail establishment that violates Section 10 is 
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guilty of a petty offense.  The penalty is a fine of not more 
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than $100.  
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.