Public Act 094-0450
 		





HB0834 Enrolled
LRB094 07984 RXD 38166 b






    AN ACT concerning public health, which may be referred to 
as Ally's Law.

 
    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 
Restroom Access Act.
 
    Section 5. Definitions. In this Act:
    "Customer" means an individual who is lawfully on the 
premises of a retail establishment.
    "Eligible medical condition" means Crohn's disease, 
ulcerative colitis, any other inflammatory bowel disease, 
irritable bowel syndrome, or any other medical condition that 
requires immediate access to a toilet facility.

    "Retail establishment" means a place of business open to 
the general public for the sale of goods or services.
"Retail 
establishment" does not include a filling station or service 
station, with a structure of 800 square feet or less, that has 
an employee toilet facility located within that structure.
 
    Section 10. Retail establishment; customer access to 
restroom facilities. A retail establishment that has a toilet 
facility for its employees shall allow a customer to use that 
facility during normal business hours if the toilet facility is 
reasonably safe and all of the following conditions are met:
        (1) The customer requesting the use of the employee 
    toilet facility  suffers from an eligible medical condition 
    or utilizes an ostomy device.

        (2) Three or more employees of the retail establishment 
    are working at the time the customer requests use of the 
    employee toilet facility.

        (3) The retail establishment does not normally make a 
    restroom available to the public.
        (4) The employee toilet facility is not located in an 
    area where providing access would create an obvious health 
    or safety risk to the customer or an obvious security risk 
    to the retail establishment.

        (5) A public restroom is not immediately accessible to 
    the customer.

 
    Section 15. Liability. 
    (a) A retail establishment or an employee of a retail 
establishment is not civilly liable for any act or omission in 
allowing a customer that has an eligible medical condition to 
use an employee toilet facility that is not a public restroom 
if the act or omission meets all of the following:
        (1) It is not willful or grossly negligent.

        (2) It occurs in an area of the retail establishment 
    that is not accessible to the public.

        (3) It results in an injury to or death of the customer 
    or any individual other than an employee accompanying the 
    customer.

    (b) A retail establishment is not required to make any 
physical changes to an employee toilet facility under this Act.  
 
    Section 20. Violation. A retail establishment or an 
employee of a retail establishment that violates Section 10 is 
guilty of a petty offense.  The penalty is a fine of not more 
than $100.  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.




Effective Date:  8/4/2005