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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Equitable Restrooms Act is amended by | ||||||
5 | changing Section 20 and by adding Section 30 as follows:
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6 | (410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)
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7 | Sec. 20. Application. Except for Sections Section 25 and | ||||||
8 | 30 , this Act applies only to places of public
accommodation | ||||||
9 | that commence construction, or that commence alterations
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10 | exceeding 50% of the entire place of public accommodation, | ||||||
11 | after the
effective date of this Act.
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12 | (Source: P.A. 101-165, eff. 1-1-20 .)
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13 | (410 ILCS 35/30 new) | ||||||
14 | Sec. 30. All-gender multiple-occupancy restrooms. | ||||||
15 | (a) The purpose of this Section is to promote the privacy, | ||||||
16 | safety, and gender inclusivity of all Illinois residents and | ||||||
17 | visitors. This Section shall be liberally construed to carry | ||||||
18 | out this purpose. | ||||||
19 | (b) In this Section, "multiple-occupancy restroom" means a | ||||||
20 | room or suite of rooms, intended for simultaneous use by 2 or | ||||||
21 | more occupants, containing at least one sink and at least 2 | ||||||
22 | toilets. |
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1 | (c) Notwithstanding any other provision of law, any | ||||||
2 | multiple-occupancy restroom may be identified as an all-gender | ||||||
3 | multiple-occupancy restroom and designated for use by any | ||||||
4 | person of any gender. An all-gender multiple-occupancy | ||||||
5 | restroom must include the following: | ||||||
6 | (1) Inclusive signage that is prominently displayed at | ||||||
7 | the exterior of the multiple-occupancy restroom for all | ||||||
8 | who are entering the restroom, that does not indicate any | ||||||
9 | specific gender, and that indicates any component that is | ||||||
10 | present in the multiple-occupancy restroom and is required | ||||||
11 | under this subsection or subsection (e). | ||||||
12 | (2) Floor-to-ceiling stall dividers equipped with a | ||||||
13 | sturdy and functioning locking mechanism controlled by the | ||||||
14 | user and a partition privacy cover or strip that ensures | ||||||
15 | that no one is able to see through the space between the | ||||||
16 | stall divider and door. | ||||||
17 | An all-gender multiple-occupancy restroom shall not | ||||||
18 | contain urinals. | ||||||
19 | (d) Any multiple-occupancy restroom may be converted into | ||||||
20 | an all-gender multiple-occupancy restroom. If a | ||||||
21 | multiple-occupancy restroom is to be converted into an | ||||||
22 | all-gender multiple-occupancy restroom and a | ||||||
23 | multiple-occupancy restroom serving a different gender is | ||||||
24 | located adjacent or in proximity to the all-gender | ||||||
25 | multiple-occupancy restroom, then both multiple-occupancy | ||||||
26 | restrooms must be converted into all-gender multiple-occupancy |
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1 | restrooms. | ||||||
2 | (e) If a facility converts any multiple-occupancy restroom | ||||||
3 | into an all-gender multiple-occupancy restroom or commences | ||||||
4 | construction, or commences alterations exceeding 50% of the | ||||||
5 | facility, and implements an all-gender multiple-occupancy | ||||||
6 | restroom, the all-gender multiple-occupancy restroom must, in | ||||||
7 | addition to the requirements of subsection (c): | ||||||
8 | (1) satisfy all accessibility requirements set forth | ||||||
9 | by the federal Americans with Disabilities Act of 1990, as | ||||||
10 | amended, and the Illinois Accessibility Code (71 Ill. Adm. | ||||||
11 | Code 400); | ||||||
12 | (2) include a small trash receptacle with a cover in | ||||||
13 | each toilet stall; | ||||||
14 | (3) include at least one vending device of | ||||||
15 | menstruation supplies; and | ||||||
16 | (4) include at least one baby diaper changing station. | ||||||
17 | (f) If an all-gender multiple-occupancy restroom is newly | ||||||
18 | constructed, any newly constructed multiple-occupancy restroom | ||||||
19 | located adjacent or in proximity to the newly constructed | ||||||
20 | all-gender multiple-occupancy restroom must also be designated | ||||||
21 | as an all-gender multiple-occupancy restroom. | ||||||
22 | (g) When plumbing fixtures in a facility are otherwise | ||||||
23 | required to meet female-to-male ratio requirements, including, | ||||||
24 | but not limited to, the requirements under Section 15 or the | ||||||
25 | minimum fixture requirements adopted under the Illinois | ||||||
26 | Plumbing License Law, each individual fixture in an all-gender |
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1 | multiple-occupancy restroom may be counted toward the required | ||||||
2 | number of either female or male fixtures until the minimum | ||||||
3 | requirement is met. If a fixture is counted toward the minimum | ||||||
4 | required fixtures for females, that same fixture shall not | ||||||
5 | also be counted toward the minimum required fixtures for | ||||||
6 | males. If a fixture is counted toward the minimum required | ||||||
7 | fixtures for males, that same fixture shall not also be | ||||||
8 | counted toward the minimum required fixtures for females. | ||||||
9 | This subsection shall not be construed to allow any | ||||||
10 | violation of female-to-male ratio requirements set forth by | ||||||
11 | this Act. | ||||||
12 | (h) During any inspection of a facility by a health | ||||||
13 | officer, health inspector, or building inspector, the health | ||||||
14 | officer, health inspector, or building inspector may inspect | ||||||
15 | the facility to determine whether it complies with this | ||||||
16 | Section, if it is required to do so. | ||||||
17 | (i) The Department of Public Health shall adopt rules to | ||||||
18 | implement this Section.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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