Illinois General Assembly - Full Text of HB1286
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Full Text of HB1286  103rd General Assembly




HB1286 EnrolledLRB103 25052 CPF 51387 b

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, intended for simultaneous use by 2 or
21more occupants, containing at least one sink and at least 2



HB1286 Enrolled- 2 -LRB103 25052 CPF 51387 b

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 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
18contain urinals.
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 converts any multiple-occupancy restroom
3into an all-gender multiple-occupancy restroom or commences
4construction, or commences alterations exceeding 50% of the
5facility, and implements an all-gender multiple-occupancy
6restroom, the all-gender multiple-occupancy restroom must, in
7addition 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
18constructed, any newly constructed multiple-occupancy restroom
19located adjacent or in proximity to the newly constructed
20all-gender multiple-occupancy restroom must also be designated
21as an all-gender multiple-occupancy restroom.
22    (g) When plumbing fixtures in a facility are otherwise
23required to meet female-to-male ratio requirements, including,
24but not limited to, the requirements under Section 15 or the
25minimum fixture requirements adopted under the Illinois
26Plumbing License Law, each individual fixture in an all-gender



HB1286 Enrolled- 4 -LRB103 25052 CPF 51387 b

1multiple-occupancy restroom may be counted toward the required
2number of either female or male fixtures until the minimum
3requirement is met. If a fixture is counted toward the minimum
4required fixtures for females, that same fixture shall not
5also be counted toward the minimum required fixtures for
6males. If a fixture is counted toward the minimum required
7fixtures for males, that same fixture shall not also be
8counted toward the minimum required fixtures for females.
9    This subsection shall not be construed to allow any
10violation of female-to-male ratio requirements set forth by
11this Act.
12    (h) During any inspection of a facility by a health
13officer, health inspector, or building inspector, the health
14officer, health inspector, or building inspector may inspect
15the facility to determine whether it complies with this
16Section, if it is required to do so.
17    (i) The Department of Public Health shall adopt rules to
18implement this Section.
19    Section 99. Effective date. This Act takes effect upon
20becoming law.