HB3093ham001 103RD GENERAL ASSEMBLY

Rep. Barbara Hernandez

Filed: 3/2/2023

10300HB3093ham001 LRB103 30407 SPS 57998 a

AMENDMENT TO HOUSE BILL 3093

AMENDMENT NO. ______. Amend House Bill 3093 by replacing everything after the enacting clause with the following:

"Section 5. The Equitable Restrooms Act is amended by changing Section 20 and by adding Sections 30 and 35 as follows:

(410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)

Sec. 20. Application. Except for Section 25 and Section 30, this Act applies only to places of public accommodation that commence construction, or that commence alterations exceeding 50% of the entire place of public accommodation, after the effective date of this Act.

(Source: P.A. 101-165, eff. 1-1-20.)

(410 ILCS 35/30 new)

Sec. 30. Menstrual hygiene products in public restrooms.

(a) The General Assembly finds that:

(1) menstrual hygiene products are a health care necessity and not an item that can be forgone or substituted easily; and

(2) access to menstrual hygiene products is a serious and ongoing need in this State.

(b) As used in this Section:

"Menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle.

"Public restroom" means any public toilet facility that is available without preference to any specific gender or any public toilet facility that is available only to women. "Public restroom" does not include any public toilet facility in a mosque, temple, church, and other places of worship if the provision of menstrual hygiene products would conflict with the entity's sincerely held religious beliefs, practices, or observances.

(c) This Section applies to any existing or future public buildings, as that term is defined in Section 18.

(d) Notwithstanding any other provision of law, the owner of a public restroom shall make available and accessible in that public restroom menstrual hygiene products at no cost and shall be responsible for ordering, stocking, and replenishing the supply of those products in that restroom.

(e) During any inspection of a public building by a health officer or health inspector, the health officer or health inspector may inspect the public building to determine whether it complies with this Section.

(f) The Department of Public Health shall adopt rules to implement this Section.

(410 ILCS 35/35 new)

Sec. 35. Violation. The owner of a place of public accommodation or a public building that violates Section 18, Section 25, or Section 30 is guilty of a petty offense. The penalty is a fine of not more than $100.

Section 99. Effective date. This Act takes effect upon becoming law.".