Bill Text: IL SB0126 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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 that an all-gender multiple-occupancy restroom must 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 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 plumbing fixtures in a facility must meet female-to-male ratio requirements, each individual fixture in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. Provides that 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, and 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. 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". Contains other provisions. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2023-03-23 - Added as Co-Sponsor Sen. Robert Peters [SB0126 Detail]

Download: Illinois-2023-SB0126-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0126 Introduced 1/24/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20
410 ILCS 35/30 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 that an all-gender multiple-occupancy restroom must 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 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 plumbing fixtures in a facility must meet female-to-male ratio requirements, each individual fixture in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. Provides that 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, and 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. 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". Contains other provisions. Makes other changes. Effective immediately.
LRB103 25051 CPF 51386 b
A BILL FOR
SB0126 LRB103 25051 CPF 51386 b
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 Section 30 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
room or suite of rooms containing at least one sink and at
least 2 sanitary fixtures, such as toilets or urinals,
intended for simultaneous use by 2 or more occupants.

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(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 are entering the restroom, that does not indicate any
specific gender, and that indicates any component that is
present in the multiple-occupancy restroom and is 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, if a urinal 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 or in proximity to the all-gender
multiple-occupancy restroom, then both multiple-occupancy
restrooms must be converted into all-gender multiple-occupancy

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restrooms.
(e) If a facility commences construction, or commences
alterations exceeding 50% of the facility, and implements an
all-gender multiple-occupancy restroom, 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.
(f) If an all-gender multiple-occupancy restroom is newly
constructed, any newly constructed multiple-occupancy restroom
located adjacent or in proximity to the newly constructed
all-gender multiple-occupancy restroom must also be designated
as an all-gender multiple-occupancy restroom.
(g) 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

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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 by
this Act.
(h) 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 it is required to do so.
(i) The Department of Public Health shall adopt rules to
implement this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.