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
 


SB0126LRB103 25051 CPF 51386 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 20 and by adding Section 30 as follows:



6 (410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)



7 Sec. 20. Application. Except for Sections Section 25 and 
830, this Act applies only to places of public
accommodation 
9that commence construction, or that commence alterations

10exceeding 50% of the entire place of public accommodation, 
11after the
effective date of this Act.

12(Source: P.A. 101-165, eff. 1-1-20.)


13 (410 ILCS 35/30 new)
14 Sec. 30. All-gender multiple-occupancy restrooms.
15 (a) The purpose of this Section is to promote the privacy, 
16safety, and gender inclusivity of all Illinois residents and 
17visitors. This Section shall be liberally construed to carry 
18out this purpose.
19 (b) In this Section, "multiple-occupancy restroom" means a 
20room or suite of rooms containing at least one sink and at 
21least 2 sanitary fixtures, such as toilets or urinals, 
22intended for simultaneous use by 2 or more occupants. 
 
 
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1 (c) Notwithstanding any other provision of law, any 
2multiple-occupancy restroom may be identified as an all-gender 
3multiple-occupancy restroom and designated for use by any 
4person of any gender. An all-gender multiple-occupancy 
5restroom must include the following:
6  (1) Inclusive signage that is prominently displayed at 
7 the exterior of the multiple-occupancy restroom for all 
8 who are entering the restroom, that does not indicate any 
9 specific gender, and that indicates any component that is 
10 present in the multiple-occupancy restroom and is required 
11 under this subsection or subsection (e).
12  (2) Stall dividers equipped with a sturdy and 
13 functioning locking mechanism controlled by the user and a 
14 partition privacy cover or strip that ensures that no one 
15 is able to see through the space between the stall divider 
16 and door.
17  (3) Partitions for each urinal, if a urinal is 
18 present. 
19 (d) Any multiple-occupancy restroom may be converted into 
20an all-gender multiple-occupancy restroom. If a 
21multiple-occupancy restroom is to be converted into an 
22all-gender multiple-occupancy restroom and a 
23multiple-occupancy restroom serving a different gender is 
24located adjacent or in proximity to the all-gender 
25multiple-occupancy restroom, then both multiple-occupancy 
26restrooms must be converted into all-gender multiple-occupancy 
 
 
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1restrooms.
2 (e) If a facility commences construction, or commences 
3alterations exceeding 50% of the facility, and implements an 
4all-gender multiple-occupancy restroom, the all-gender 
5multiple-occupancy restroom must, in addition to the 
6requirements of subsection (c): 
7  (1) satisfy all accessibility requirements set forth 
8 by the federal Americans with Disabilities Act of 1990, as 
9 amended, and the Illinois Accessibility Code (71 Ill. Adm. 
10 Code 400);
11  (2) include a small trash receptacle with a cover in 
12 each toilet stall;
13  (3) include at least one vending device of 
14 menstruation supplies; and
15  (4) include at least one baby diaper changing station. 
16 (f) If an all-gender multiple-occupancy restroom is newly 
17constructed, any newly constructed multiple-occupancy restroom 
18located adjacent or in proximity to the newly constructed 
19all-gender multiple-occupancy restroom must also be designated 
20as an all-gender multiple-occupancy restroom.
21 (g) When plumbing fixtures in a facility are otherwise 
22required to meet female-to-male ratio requirements, including, 
23but not limited to, the requirements under Section 15 or the 
24minimum fixture requirements adopted under the Illinois 
25Plumbing License Law, each individual fixture in an all-gender 
26multiple-occupancy restroom may be counted toward the required 
 
 
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1number of either female or male fixtures until the minimum 
2requirement is met. If a fixture is counted toward the minimum 
3required fixtures for females, that same fixture shall not 
4also be counted toward the minimum required fixtures for 
5males. If a fixture is counted toward the minimum required 
6fixtures for males, that same fixture shall not also be 
7counted toward the minimum required fixtures for females. 
8 This subsection shall not be construed to allow any 
9violation of female-to-male ratio requirements set forth by 
10this Act.
11 (h) During any inspection of a facility by a health 
12officer, health inspector, or building inspector, the health 
13officer, health inspector, or building inspector may inspect 
14the facility to determine whether it complies with this 
15Section, if it is required to do so.
16 (i) The Department of Public Health shall adopt rules to 
17implement this Section. 


18 Section 99. Effective date. This Act takes effect upon 
19becoming law.