Full Text of SB3792 103rd General Assembly
SB3792 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3792 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: | | | Amends the Equitable Restrooms Act. Provides that any multiple-occupancy restroom must be identified as an all-gender multiple-occupancy restroom and designated for use by any person of any gender. Removes the requirement that any newly constructed multiple-occupancy restroom located adjacent or in proximity to a newly constructed all-gender multiple-occupancy restroom must also be designated as an all-gender multiple-occupancy restroom. Provides that any existing or future places of public accommodation or public buildings are subject to the requirements regarding all-gender multiple-occupancy restrooms. Effective January 1, 2027. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning health. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Equitable Restrooms Act is amended by | 5 | | changing Section 30 as follows: | 6 | | (410 ILCS 35/30) | 7 | | Sec. 30. All-gender multiple-occupancy restrooms. | 8 | | (a) The purpose of this Section is to promote the privacy, | 9 | | safety, and gender inclusivity of all Illinois residents and | 10 | | visitors. This Section shall be liberally construed to carry | 11 | | out this purpose. | 12 | | (b) In this Section, "multiple-occupancy restroom" means a | 13 | | room or suite of rooms, intended for simultaneous use by 2 or | 14 | | more occupants, containing at least one sink and at least 2 | 15 | | toilets. | 16 | | (c) Notwithstanding any other provision of law, any | 17 | | multiple-occupancy restroom must may be identified as an | 18 | | all-gender multiple-occupancy restroom and designated for use | 19 | | by any person of any gender. An all-gender multiple-occupancy | 20 | | restroom must include the following: | 21 | | (1) Inclusive signage that is prominently displayed at | 22 | | the exterior of the multiple-occupancy restroom for all | 23 | | who are entering the restroom, that does not indicate any |
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| 1 | | specific gender, and that indicates any component that is | 2 | | present in the multiple-occupancy restroom and is required | 3 | | under this subsection or subsection (e). | 4 | | (2) Floor-to-ceiling stall dividers equipped with a | 5 | | sturdy and functioning locking mechanism controlled by the | 6 | | user and a partition privacy cover or strip that ensures | 7 | | that no one is able to see through the space between the | 8 | | stall divider and door. | 9 | | An all-gender multiple-occupancy restroom shall not | 10 | | contain urinals. | 11 | | (d) Any multiple-occupancy restroom must may be converted | 12 | | into an all-gender multiple-occupancy restroom. If a | 13 | | multiple-occupancy restroom is to be converted into an | 14 | | all-gender multiple-occupancy restroom and a | 15 | | multiple-occupancy restroom serving a different gender is | 16 | | located adjacent or in proximity to the all-gender | 17 | | multiple-occupancy restroom, then both multiple-occupancy | 18 | | restrooms must be converted into all-gender multiple-occupancy | 19 | | restrooms. | 20 | | (e) When If a facility converts any multiple-occupancy | 21 | | restroom into an all-gender multiple-occupancy restroom or | 22 | | commences construction, or commences alterations exceeding 50% | 23 | | of the facility, and implements an all-gender | 24 | | multiple-occupancy restroom , the all-gender | 25 | | multiple-occupancy restroom must, in addition to the | 26 | | requirements of subsection (c): |
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| 1 | | (1) satisfy all accessibility requirements set forth | 2 | | by the federal Americans with Disabilities Act of 1990, as | 3 | | amended, and the Illinois Accessibility Code (71 Ill. Adm. | 4 | | Code 400); | 5 | | (2) include a small trash receptacle with a cover in | 6 | | each toilet stall; | 7 | | (3) include at least one vending device of | 8 | | menstruation supplies; and | 9 | | (4) include at least one baby diaper changing station. | 10 | | (f) This Section applies to any existing or future places | 11 | | of public accommodation or public buildings. If an all-gender | 12 | | multiple-occupancy restroom is newly constructed, any newly | 13 | | constructed multiple-occupancy restroom located adjacent or in | 14 | | proximity to the newly constructed all-gender | 15 | | multiple-occupancy restroom must also be designated as an | 16 | | all-gender multiple-occupancy restroom. | 17 | | (g) When plumbing fixtures in a facility are otherwise | 18 | | required to meet female-to-male ratio requirements, including, | 19 | | but not limited to, the requirements under Section 15 or the | 20 | | minimum fixture requirements adopted under the Illinois | 21 | | Plumbing License Law, each individual fixture in an all-gender | 22 | | multiple-occupancy restroom may be counted toward the required | 23 | | number of either female or male fixtures until the minimum | 24 | | requirement is met. If a fixture is counted toward the minimum | 25 | | required fixtures for females, that same fixture shall not | 26 | | also be counted toward the minimum required fixtures for |
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| 1 | | males. If a fixture is counted toward the minimum required | 2 | | fixtures for males, that same fixture shall not also be | 3 | | counted toward the minimum required fixtures for females. | 4 | | This subsection shall not be construed to allow any | 5 | | violation of female-to-male ratio requirements set forth by | 6 | | this Act. | 7 | | (h) During any inspection of a facility by a health | 8 | | officer, health inspector, or building inspector, the health | 9 | | officer, health inspector, or building inspector may inspect | 10 | | the facility to determine whether it complies with this | 11 | | Section, if it is required to do so. | 12 | | (i) The Department of Public Health shall adopt rules to | 13 | | implement this Section. | 14 | | (Source: P.A. 103-518, eff. 8-11-23.) | 15 | | Section 99. Effective date. This Act takes effect January | 16 | | 1, 2027. |
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