Illinois General Assembly - Full Text of HB3195
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Full Text of HB3195  102nd General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Equitable Restrooms Act is amended by
5changing Section 20 and by adding Section 30 as follows:
6    (410 ILCS 35/20)  (from Ch. 111 1/2, par. 3751-20)
7    Sec. 20. Application. Except for Sections Section 25 and
830, this Act applies only to places of public accommodation
9that commence construction, or that commence alterations
10exceeding 50% of the entire place of public accommodation,
11after the effective date of this Act.
12(Source: P.A. 101-165, eff. 1-1-20.)
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,
16safety, and gender inclusivity of all Illinois residents and
17visitors. This Section shall be liberally construed to carry
18out this purpose.
19    (b) In this Section, "multiple-occupancy restroom" means a
20room or suite of rooms containing at least one sink and at
21least 2 sanitary fixtures, such as toilets or urinals,
22intended for simultaneous use by 2 or more occupants.



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1    (c) Notwithstanding any other provision of law, any
2multiple-occupancy restroom may be identified as an all-gender
3multiple-occupancy restroom and designated for use by any
4person of any gender. An all-gender multiple-occupancy
5restroom 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 that are
11    required under this subsection or subsection (e).
12        (2) Stall dividers equipped with a sturdy and
13    functioning locking mechanism controlled by the user and a
14    partition privacy cover or strip that ensures that no one
15    is able to see through the space between the stall divider
16    and door.
17        (3) Partitions for each urinal, if a urinal is
18    present.
19    (d) Any multiple-occupancy restroom may be converted into
20an all-gender multiple-occupancy restroom. If a
21multiple-occupancy restroom is to be converted into an
22all-gender multiple-occupancy restroom and a
23multiple-occupancy restroom serving a different gender is
24located adjacent or in proximity to the all-gender
25multiple-occupancy restroom, then both multiple-occupancy
26restrooms must be converted into all-gender multiple-occupancy



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2    (e) If a facility commences construction, or commences
3alterations exceeding 50% of the facility, and implements an
4all-gender multiple-occupancy restroom, the all-gender
5multiple-occupancy restroom must, in addition to the
6requirements of subsection (c):
7        (1) satisfy all accessibility requirements set forth
8    by the federal Americans with Disabilities Act of 1990, as
9    amended, and the Illinois Accessibility Code (71 Ill. Adm.
10    Code 400);
11        (2) include a small trash receptacle with a cover in
12    each toilet stall;
13        (3) include at least one vending device of
14    menstruation supplies; and
15        (4) include at least one baby diaper changing station.
16    (f) If an all-gender multiple-occupancy restroom is newly
17constructed, any newly constructed multiple-occupancy restroom
18located adjacent or in proximity to the newly constructed
19all-gender multiple-occupancy restroom must also be designated
20as an all-gender multiple-occupancy restroom.
21    (g) When plumbing fixtures in a facility are otherwise
22required to meet female-to-male ratio requirements, including,
23but not limited to, the requirements under Section 15 or the
24minimum fixture requirements adopted under the Illinois
25Plumbing License Law, each individual fixture in an all-gender
26multiple-occupancy restroom may be counted toward the required



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1number of either female or male fixtures until the minimum
2requirement is met. If a fixture is counted towards the
3minimum required fixtures for females, that same fixture shall
4not also be counted towards the minimum required fixtures for
5males. If a fixture is counted towards the minimum required
6fixtures for males, that same fixture shall not also be
7counted towards the minimum required fixtures for females.
8    This subsection shall not be construed to allow any
9violation of female-to-male ratio requirements set forth by
10this Act.
11    (h) During any inspection of a facility by a health
12officer, health inspector, or building inspector, the health
13officer, health inspector, or building inspector may inspect
14the facility to determine whether it complies with this
15Section, if it is required to do so.
16    (i) The Department of Public Health shall adopt rules to
17implement this Section.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.