SB1793 103RD GENERAL ASSEMBLY

LRB103 28445 CPF 54825 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1793

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

SYNOPSIS AS INTRODUCED:

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.

A BILL FOR

AN ACT concerning health.

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

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 Sections Section 25 and 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. All-gender multiple-occupancy restrooms.

(a) The purpose of this Section is to promote the privacy, safety, and gender inclusivity of all Illinois residents and visitors. This Section shall be liberally construed to carry out this purpose.

(b) In this Section, "multiple-occupancy restroom" means a fully enclosed room or suite of rooms intended for simultaneous use by 2 or more occupants, designated to serve male or female users, and containing at least one sink and at least 2 sanitary fixtures, such as toilets or urinals.

(c) 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. An all-gender, multiple-occupancy restroom must include the following:

(1) Inclusive signage that is prominently displayed at the exterior of the multiple-occupancy restroom for all who enter the restroom, that does not indicate any specific gender, and that indicates any component that is present in the multiple-occupancy restroom required under this subsection or subsection (e).

(2) Stall dividers equipped with a sturdy and functioning locking mechanism controlled by the user and a partition privacy cover or strip that ensures that no one is able to see through the space between the stall divider and door.

(3) Partitions for each urinal that is present.

(d) Any multiple-occupancy restroom may be converted into an all-gender, multiple-occupancy restroom. If a multiple occupancy restroom is to be converted into an all-gender, multiple-occupancy restroom and a multiple-occupancy restroom serving a different gender is located adjacent to or in proximity to the all-gender, multiple-occupancy restroom, then both multiple-occupancy restrooms must be converted into all-gender, multiple occupancy restrooms.

(e) Any facility equipped with multiple-occupancy restrooms for men and for women on more than one level or floor of the facility shall convert a proportional number of the multiple-occupancy restrooms into all-gender, multiple-occupancy restrooms.

(f) If a facility commences construction, or commences alterations exceeding 50% of the facility, the facility shall implement an all-gender, multiple-occupancy restroom, and the all-gender, multiple-occupancy restroom must, in addition to the requirements of subsection (c):

(1) satisfy all accessibility requirements set forth by the federal Americans with Disabilities Act of 1990, as amended, and the Illinois Accessibility Code (71 Ill. Adm. Code 400);

(2) include a small trash receptacle with a cover in each toilet stall;

(3) include at least one vending device of menstruation supplies; and

(4) include at least one baby diaper changing station.

(g) If an all-gender, multiple-occupancy restroom is newly constructed, any newly constructed multiple-occupancy restroom located adjacent to or in proximity to the newly constructed all-gender multiple-occupancy restroom must also be designated as an all-gender, multiple-occupancy restroom.

(h) When plumbing fixtures in a facility are otherwise required to meet female-to-male ratio requirements, including, but not limited to, the requirements under Section 15 or the minimum fixture requirements adopted under the Illinois Plumbing License Law, each individual fixture in an all-gender, multiple-occupancy restroom may be counted toward the required number of either female or male fixtures until the minimum requirement is met. If a fixture is counted toward the minimum required fixtures for females, that same fixture shall not also be counted toward the minimum required fixtures for males. If a fixture is counted toward the minimum required fixtures for males, that same fixture shall not also be counted toward the minimum required fixtures for females. This subsection shall not be construed to allow any violation of female-to-male ratio requirements set forth under this Act.

(i) 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 this Section if the facility is required to do so.

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

(410 ILCS 35/35 new)

Sec. 35. Public bathroom facilities report.

(a) In this Section, "zip code tabulation area" means an approximate generalized areal representation of a United States postal zip code service area, as the areal representation is determined by the United States Census Bureau.

(b) No later than December 31, 2023, the county board of supervisors or commissioners in each county in the State shall designate an agency or office that, in coordination with the Department of Public Health, shall submit to the county board of supervisors or commissioners and the General Assembly a public restroom facilities report. The designated agency or office shall consider input provided by community boards and the public when identifying a location for a public restroom facility. The report shall include:

(1) the number of functional public restroom facilities in each zip code tabulation area in the county and the location of each public restroom facility;

(2) the number of nonfunctional public restroom facilities in each zip code tabulation area in the county, the location of each nonfunctional public restroom facility, and the repairs necessary to make them functional;

(3) at least one location in each zip code tabulation area where the designated agency or office deems it feasible and appropriate to install a public restroom facility unless the zip code tabulation area's agency or office determines that the installation of a public restroom facility would not be suitable because the zip code tabulation area contains a single commercial building, education facility, or residential complex or is entirely comprised of industrial zones;

(4) the factors considered in determining whether an identified location is suitable for installing a public restroom facility;

(5) features necessary for compliance with the federal Americans with Disabilities Act of 1990, as amended, the Illinois Accessibility Code (71 Ill. Adm. Code 400), any other accessibility requirement, and proposed safety measures that may be considered;

(6) the process required to install and maintain a public restroom facility and implement the features described under paragraph (5);

(7) any challenges that may arise from the installation and maintenance of a public restroom facility, including any known opposition within the local community; and

(8) any additional recommendations for the installation of a public restroom facility in each identified location to address the challenges associated with the installation.

(c) No later than 3 months after receiving the public restroom facilities report under subsection (b), the county shall begin the necessary repairs to each nonfunctional public restroom facility.

No later than 6 months after receiving the public restroom facilities report under subsection (b), the county shall begin the process of installing public restroom facilities in the locations identified and recommended in the report. Each public restroom facility shall be identified as an all-gender, multiple-occupancy restroom.

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