103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3792

 

Introduced 2/9/2024, by Sen. Mike Simmons

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 35/30

    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

 

SB3792LRB103 37195 CES 67314 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 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,
9safety, and gender inclusivity of all Illinois residents and
10visitors. This Section shall be liberally construed to carry
11out this purpose.
12    (b) In this Section, "multiple-occupancy restroom" means a
13room or suite of rooms, intended for simultaneous use by 2 or
14more occupants, containing at least one sink and at least 2
15toilets.
16    (c) Notwithstanding any other provision of law, any
17multiple-occupancy restroom must may be identified as an
18all-gender multiple-occupancy restroom and designated for use
19by any person of any gender. An all-gender multiple-occupancy
20restroom 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
10contain urinals.
11    (d) Any multiple-occupancy restroom must may be converted
12into an all-gender multiple-occupancy restroom. If a
13multiple-occupancy restroom is to be converted into an
14all-gender multiple-occupancy restroom and a
15multiple-occupancy restroom serving a different gender is
16located adjacent or in proximity to the all-gender
17multiple-occupancy restroom, then both multiple-occupancy
18restrooms must be converted into all-gender multiple-occupancy
19restrooms.
20    (e) When If a facility converts any multiple-occupancy
21restroom into an all-gender multiple-occupancy restroom or
22commences construction, or commences alterations exceeding 50%
23of the facility, and implements an all-gender
24multiple-occupancy restroom, the all-gender
25multiple-occupancy restroom must, in addition to the
26requirements 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
11of public accommodation or public buildings. If an all-gender
12multiple-occupancy restroom is newly constructed, any newly
13constructed multiple-occupancy restroom located adjacent or in
14proximity to the newly constructed all-gender
15multiple-occupancy restroom must also be designated as an
16all-gender multiple-occupancy restroom.
17    (g) When plumbing fixtures in a facility are otherwise
18required to meet female-to-male ratio requirements, including,
19but not limited to, the requirements under Section 15 or the
20minimum fixture requirements adopted under the Illinois
21Plumbing License Law, each individual fixture in an all-gender
22multiple-occupancy restroom may be counted toward the required
23number of either female or male fixtures until the minimum
24requirement is met. If a fixture is counted toward the minimum
25required fixtures for females, that same fixture shall not
26also be counted toward the minimum required fixtures for

 

 

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1males. If a fixture is counted toward the minimum required
2fixtures for males, that same fixture shall not also be
3counted toward the minimum required fixtures for females.
4    This subsection shall not be construed to allow any
5violation of female-to-male ratio requirements set forth by
6this Act.
7    (h) During any inspection of a facility by a health
8officer, health inspector, or building inspector, the health
9officer, health inspector, or building inspector may inspect
10the facility to determine whether it complies with this
11Section, if it is required to do so.
12    (i) The Department of Public Health shall adopt rules to
13implement this Section.
14(Source: P.A. 103-518, eff. 8-11-23.)
 
15    Section 99. Effective date. This Act takes effect January
161, 2027.