HB5582 103RD GENERAL ASSEMBLY

LRB103 38120 SPS 68252 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5582

Introduced 2/9/2024, by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:

New Act

Creates the Gender-Neutral Toy Act. Provides that a retail department store that offers childcare items or toys for sale shall maintain a gender-neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys. Provides that the provision shall apply only to retail department stores that are physically located in the State that have a total of 500 or more employees across all retail department store locations in the State. Provides that, beginning on January 1, 2025, a retail department store that fails to comply with the Act is subject to a civil penalty not to exceed $250 for a first violation and not to exceed $500 for any subsequent violation, that may be assessed and recovered in a civil action by the Attorney General in circuit court.

A BILL FOR

AN ACT concerning business.

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

Section 1. Short title. This Act may be cited as the Gender-Neutral Toy Act.

Section 5. Findings.

(a) Unjustified differences in similar products that are traditionally marketed either for girls or for boys can be more easily identified by the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor.

(b) Keeping similar items that are traditionally marketed either for girls or for boys separated makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate.

Section 10. Definitions. As used in this Act:

"Childcare item" means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

"Children" means persons 12 years of age or less.

"Toy" means a product designed or intended by the manufacturer to be used by children when they play.

Section 15. Gender-neutral toy requirements.

(a) A retail department store that offers childcare items or toys for sale shall maintain a gender-neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys.

(b) This Section shall apply only to retail department stores that are physically located in this State that have a total of 500 or more employees across all retail department store locations in this State. This Section shall not apply to retail department stores that are physically located outside of this State.

Section 20. Enforcement by Attorney General. Beginning on January 1, 2025, a retail department store that fails to comply with this Act is subject to a civil penalty not to exceed $250 for a first violation and not to exceed $500 for any subsequent violation, that may be assessed and recovered in a civil action by the Attorney General in circuit court. If the Attorney General prevails in an action under this Section, the court shall award to the Attorney General reasonable fees and costs.