State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Emil Jones, III


410 ILCS 35/20  from Ch. 111 1/2, par. 3751-20
410 ILCS 35/30 new
410 ILCS 35/35 new

    Amends the Equitable Restrooms Act. Provides that, notwithstanding any other provision of law, any multiple-occupancy restroom may be identified as an all-gender multiple-occupancy restroom and designated for use by any person of any gender. Requires an all-gender multiple-occupancy restroom to include specified signage, stall dividers, and partitions for urinals. Provides that any multiple-occupancy restroom may be converted into an all-gender multiple-occupancy restroom. Provides that, if a facility commences construction or commences alterations exceeding 50% of the facility and if it also implements an all-gender multiple-occupancy restroom, the all-gender multiple-occupancy restroom must satisfy or include specified requirements. Requires certain newly constructed or previously existing restrooms to be designated as all-gender multiple-occupancy restrooms. Provides that when a person or entity must meet female-to-male ratio requirements, each individual toilet stall in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. Provides that during any inspection of a facility by a health officer, health inspector, or building inspector, the health officer, health inspector, or building inspector may inspect the facility to determine whether it complies with the provisions. Requires the Department of Public Health to adopt rules to implement the provisions. Defines "multiple-occupancy restroom". Makes other changes. Effective immediately.

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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 Sections 30 and 35 as
7    (410 ILCS 35/20)  (from Ch. 111 1/2, par. 3751-20)
8    Sec. 20. Application. Except for Sections Section 25 and
930, this Act applies only to places of public accommodation
10that commence construction, or that commence alterations
11exceeding 50% of the entire place of public accommodation,
12after the effective date of this Act.
13(Source: P.A. 101-165, eff. 1-1-20.)
14    (410 ILCS 35/30 new)
15    Sec. 30. All-gender multiple-occupancy restrooms.
16    (a) The purpose of this Section is to promote the privacy,
17safety, and gender inclusivity of all Illinois residents and
18visitors. This Section shall be liberally construed to carry
19out this purpose.
20    (b) In this Section, "multiple-occupancy restroom" means a
21fully enclosed room or suite of rooms intended for
22simultaneous use by 2 or more occupants, designated to serve



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1male or female users, and containing at least one sink and at
2least 2 sanitary fixtures, such as toilets or urinals.
3    (c) Notwithstanding any other provision of law, any
4multiple-occupancy restroom may be identified as an
5all-gender, multiple-occupancy restroom and designated for use
6by any person of any gender. An all-gender, multiple-occupancy
7restroom must include the following:
8        (1) Inclusive signage that is prominently displayed at
9    the exterior of the multiple-occupancy restroom for all
10    who enter the restroom, that does not indicate any
11    specific gender, and that indicates any component that is
12    present in the multiple-occupancy restroom required under
13    this subsection or subsection (e).
14        (2) Stall dividers equipped with a sturdy and
15    functioning locking mechanism controlled by the user and a
16    partition privacy cover or strip that ensures that no one
17    is able to see through the space between the stall divider
18    and door.
19        (3) Partitions for each urinal that is present.
20    (d) Any multiple-occupancy restroom may be converted into
21an all-gender, multiple-occupancy restroom. If a multiple
22occupancy restroom is to be converted into an all-gender,
23multiple-occupancy restroom and a multiple-occupancy restroom
24serving a different gender is located adjacent to or in
25proximity to the all-gender, multiple-occupancy restroom, then
26both multiple-occupancy restrooms must be converted into



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1all-gender, multiple occupancy restrooms.
2    (e) Any facility equipped with multiple-occupancy
3restrooms for men and for women on more than one level or floor
4of the facility shall convert a proportional number of the
5multiple-occupancy restrooms into all-gender,
6multiple-occupancy restrooms.
7    (f) If a facility commences construction, or commences
8alterations exceeding 50% of the facility, the facility shall
9implement an all-gender, multiple-occupancy restroom, and the
10all-gender, multiple-occupancy restroom must, in addition to
11the requirements of subsection (c):
12        (1) satisfy all accessibility requirements set forth
13    by the federal Americans with Disabilities Act of 1990, as
14    amended, and the Illinois Accessibility Code (71 Ill. Adm.
15    Code 400);
16        (2) include a small trash receptacle with a cover in
17    each toilet stall;
18        (3) include at least one vending device of
19    menstruation supplies; and
20        (4) include at least one baby diaper changing station.
21    (g) If an all-gender, multiple-occupancy restroom is newly
22constructed, any newly constructed multiple-occupancy restroom
23located adjacent to or in proximity to the newly constructed
24all-gender multiple-occupancy restroom must also be designated
25as an all-gender, multiple-occupancy restroom.
26    (h) When plumbing fixtures in a facility are otherwise



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1required to meet female-to-male ratio requirements, including,
2but not limited to, the requirements under Section 15 or the
3minimum fixture requirements adopted under the Illinois
4Plumbing License Law, each individual fixture in an
5all-gender, multiple-occupancy restroom may be counted toward
6the required number of either female or male fixtures until
7the minimum requirement is met. If a fixture is counted toward
8the minimum required fixtures for females, that same fixture
9shall not also be counted toward the minimum required fixtures
10for males. If a fixture is counted toward the minimum required
11fixtures for males, that same fixture shall not also be
12counted toward the minimum required fixtures for females. This
13subsection shall not be construed to allow any violation of
14female-to-male ratio requirements set forth under this Act.
15    (i) During any inspection of a facility by a health
16officer, health inspector, or building inspector, the health
17officer, health inspector, or building inspector may inspect
18the facility to determine whether it complies with this
19Section if the facility is required to do so.
20    (j) The Department of Public Health shall adopt rules to
21implement this Section.
22    (410 ILCS 35/35 new)
23    Sec. 35. Public bathroom facilities report.
24    (a) In this Section, "zip code tabulation area" means an
25approximate generalized areal representation of a United



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1States postal zip code service area, as the areal
2representation is determined by the United States Census
4    (b) No later than December 31, 2023, the county board of
5supervisors or commissioners in each county in the State shall
6designate an agency or office that, in coordination with the
7Department of Public Health, shall submit to the county board
8of supervisors or commissioners and the General Assembly a
9public restroom facilities report. The designated agency or
10office shall consider input provided by community boards and
11the public when identifying a location for a public restroom
12facility. The report shall include:
13        (1) the number of functional public restroom
14    facilities in each zip code tabulation area in the county
15    and the location of each public restroom facility;
16        (2) the number of nonfunctional public restroom
17    facilities in each zip code tabulation area in the county,
18    the location of each nonfunctional public restroom
19    facility, and the repairs necessary to make them
20    functional;
21        (3) at least one location in each zip code tabulation
22    area where the designated agency or office deems it
23    feasible and appropriate to install a public restroom
24    facility unless the zip code tabulation area's agency or
25    office determines that the installation of a public
26    restroom facility would not be suitable because the zip



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1    code tabulation area contains a single commercial
2    building, education facility, or residential complex or is
3    entirely comprised of industrial zones;
4        (4) the factors considered in determining whether an
5    identified location is suitable for installing a public
6    restroom facility;
7        (5) features necessary for compliance with the federal
8    Americans with Disabilities Act of 1990, as amended, the
9    Illinois Accessibility Code (71 Ill. Adm. Code 400), any
10    other accessibility requirement, and proposed safety
11    measures that may be considered;
12        (6) the process required to install and maintain a
13    public restroom facility and implement the features
14    described under paragraph (5);
15        (7) any challenges that may arise from the
16    installation and maintenance of a public restroom
17    facility, including any known opposition within the local
18    community; and
19        (8) any additional recommendations for the
20    installation of a public restroom facility in each
21    identified location to address the challenges associated
22    with the installation.
23    (c) No later than 3 months after receiving the public
24restroom facilities report under subsection (b), the county
25shall begin the necessary repairs to each nonfunctional public
26restroom facility.



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1    No later than 6 months after receiving the public restroom
2facilities report under subsection (b), the county shall begin
3the process of installing public restroom facilities in the
4locations identified and recommended in the report. Each
5public restroom facility shall be identified as an all-gender,
6multiple-occupancy restroom.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.