IL
Illinois Senate Bill SB1793

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1793 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1793 Introduced 2/9/2023, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/30 new410 ILCS 35/35 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 an all-gender multiple-occupancy restroom to 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 if it also 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 a person or entity must meet female-to-male ratio requirements, each individual toilet stall in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. 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". Makes other changes. Effective immediately. LRB103 28445 CPF 54825 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1793 Introduced 2/9/2023, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/30 new410 ILCS 35/35 new 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/30 new 410 ILCS 35/35 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 an all-gender multiple-occupancy restroom to 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 if it also 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 a person or entity must meet female-to-male ratio requirements, each individual toilet stall in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. 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". Makes other changes. Effective immediately. LRB103 28445 CPF 54825 b LRB103 28445 CPF 54825 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1793 Introduced 2/9/2023, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED:
33 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/30 new410 ILCS 35/35 new 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/30 new 410 ILCS 35/35 new
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77 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 an all-gender multiple-occupancy restroom to 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 if it also 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 a person or entity must meet female-to-male ratio requirements, each individual toilet stall in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. 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". Makes other changes. Effective immediately.
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1313 1 AN ACT concerning health.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Equitable Restrooms Act is amended by
1717 5 changing Section 20 and by adding Sections 30 and 35 as
1818 6 follows:
1919 7 (410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)
2020 8 Sec. 20. Application. Except for Sections Section 25 and
2121 9 30, this Act applies only to places of public accommodation
2222 10 that commence construction, or that commence alterations
2323 11 exceeding 50% of the entire place of public accommodation,
2424 12 after the effective date of this Act.
2525 13 (Source: P.A. 101-165, eff. 1-1-20.)
2626 14 (410 ILCS 35/30 new)
2727 15 Sec. 30. All-gender multiple-occupancy restrooms.
2828 16 (a) The purpose of this Section is to promote the privacy,
2929 17 safety, and gender inclusivity of all Illinois residents and
3030 18 visitors. This Section shall be liberally construed to carry
3131 19 out this purpose.
3232 20 (b) In this Section, "multiple-occupancy restroom" means a
3333 21 fully enclosed room or suite of rooms intended for
3434 22 simultaneous use by 2 or more occupants, designated to serve
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1793 Introduced 2/9/2023, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED:
3939 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/30 new410 ILCS 35/35 new 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20 410 ILCS 35/30 new 410 ILCS 35/35 new
4040 410 ILCS 35/20 from Ch. 111 1/2, par. 3751-20
4141 410 ILCS 35/30 new
4242 410 ILCS 35/35 new
4343 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 an all-gender multiple-occupancy restroom to 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 if it also 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 a person or entity must meet female-to-male ratio requirements, each individual toilet stall in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. 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". Makes other changes. Effective immediately.
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7373 1 male or female users, and containing at least one sink and at
7474 2 least 2 sanitary fixtures, such as toilets or urinals.
7575 3 (c) Notwithstanding any other provision of law, any
7676 4 multiple-occupancy restroom may be identified as an
7777 5 all-gender, multiple-occupancy restroom and designated for use
7878 6 by any person of any gender. An all-gender, multiple-occupancy
7979 7 restroom must include the following:
8080 8 (1) Inclusive signage that is prominently displayed at
8181 9 the exterior of the multiple-occupancy restroom for all
8282 10 who enter the restroom, that does not indicate any
8383 11 specific gender, and that indicates any component that is
8484 12 present in the multiple-occupancy restroom required under
8585 13 this subsection or subsection (e).
8686 14 (2) Stall dividers equipped with a sturdy and
8787 15 functioning locking mechanism controlled by the user and a
8888 16 partition privacy cover or strip that ensures that no one
8989 17 is able to see through the space between the stall divider
9090 18 and door.
9191 19 (3) Partitions for each urinal that is present.
9292 20 (d) Any multiple-occupancy restroom may be converted into
9393 21 an all-gender, multiple-occupancy restroom. If a multiple
9494 22 occupancy restroom is to be converted into an all-gender,
9595 23 multiple-occupancy restroom and a multiple-occupancy restroom
9696 24 serving a different gender is located adjacent to or in
9797 25 proximity to the all-gender, multiple-occupancy restroom, then
9898 26 both multiple-occupancy restrooms must be converted into
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109109 1 all-gender, multiple occupancy restrooms.
110110 2 (e) Any facility equipped with multiple-occupancy
111111 3 restrooms for men and for women on more than one level or floor
112112 4 of the facility shall convert a proportional number of the
113113 5 multiple-occupancy restrooms into all-gender,
114114 6 multiple-occupancy restrooms.
115115 7 (f) If a facility commences construction, or commences
116116 8 alterations exceeding 50% of the facility, the facility shall
117117 9 implement an all-gender, multiple-occupancy restroom, and the
118118 10 all-gender, multiple-occupancy restroom must, in addition to
119119 11 the requirements of subsection (c):
120120 12 (1) satisfy all accessibility requirements set forth
121121 13 by the federal Americans with Disabilities Act of 1990, as
122122 14 amended, and the Illinois Accessibility Code (71 Ill. Adm.
123123 15 Code 400);
124124 16 (2) include a small trash receptacle with a cover in
125125 17 each toilet stall;
126126 18 (3) include at least one vending device of
127127 19 menstruation supplies; and
128128 20 (4) include at least one baby diaper changing station.
129129 21 (g) If an all-gender, multiple-occupancy restroom is newly
130130 22 constructed, any newly constructed multiple-occupancy restroom
131131 23 located adjacent to or in proximity to the newly constructed
132132 24 all-gender multiple-occupancy restroom must also be designated
133133 25 as an all-gender, multiple-occupancy restroom.
134134 26 (h) When plumbing fixtures in a facility are otherwise
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145145 1 required to meet female-to-male ratio requirements, including,
146146 2 but not limited to, the requirements under Section 15 or the
147147 3 minimum fixture requirements adopted under the Illinois
148148 4 Plumbing License Law, each individual fixture in an
149149 5 all-gender, multiple-occupancy restroom may be counted toward
150150 6 the required number of either female or male fixtures until
151151 7 the minimum requirement is met. If a fixture is counted toward
152152 8 the minimum required fixtures for females, that same fixture
153153 9 shall not also be counted toward the minimum required fixtures
154154 10 for males. If a fixture is counted toward the minimum required
155155 11 fixtures for males, that same fixture shall not also be
156156 12 counted toward the minimum required fixtures for females. This
157157 13 subsection shall not be construed to allow any violation of
158158 14 female-to-male ratio requirements set forth under this Act.
159159 15 (i) During any inspection of a facility by a health
160160 16 officer, health inspector, or building inspector, the health
161161 17 officer, health inspector, or building inspector may inspect
162162 18 the facility to determine whether it complies with this
163163 19 Section if the facility is required to do so.
164164 20 (j) The Department of Public Health shall adopt rules to
165165 21 implement this Section.
166166 22 (410 ILCS 35/35 new)
167167 23 Sec. 35. Public bathroom facilities report.
168168 24 (a) In this Section, "zip code tabulation area" means an
169169 25 approximate generalized areal representation of a United
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180180 1 States postal zip code service area, as the areal
181181 2 representation is determined by the United States Census
182182 3 Bureau.
183183 4 (b) No later than December 31, 2023, the county board of
184184 5 supervisors or commissioners in each county in the State shall
185185 6 designate an agency or office that, in coordination with the
186186 7 Department of Public Health, shall submit to the county board
187187 8 of supervisors or commissioners and the General Assembly a
188188 9 public restroom facilities report. The designated agency or
189189 10 office shall consider input provided by community boards and
190190 11 the public when identifying a location for a public restroom
191191 12 facility. The report shall include:
192192 13 (1) the number of functional public restroom
193193 14 facilities in each zip code tabulation area in the county
194194 15 and the location of each public restroom facility;
195195 16 (2) the number of nonfunctional public restroom
196196 17 facilities in each zip code tabulation area in the county,
197197 18 the location of each nonfunctional public restroom
198198 19 facility, and the repairs necessary to make them
199199 20 functional;
200200 21 (3) at least one location in each zip code tabulation
201201 22 area where the designated agency or office deems it
202202 23 feasible and appropriate to install a public restroom
203203 24 facility unless the zip code tabulation area's agency or
204204 25 office determines that the installation of a public
205205 26 restroom facility would not be suitable because the zip
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216216 1 code tabulation area contains a single commercial
217217 2 building, education facility, or residential complex or is
218218 3 entirely comprised of industrial zones;
219219 4 (4) the factors considered in determining whether an
220220 5 identified location is suitable for installing a public
221221 6 restroom facility;
222222 7 (5) features necessary for compliance with the federal
223223 8 Americans with Disabilities Act of 1990, as amended, the
224224 9 Illinois Accessibility Code (71 Ill. Adm. Code 400), any
225225 10 other accessibility requirement, and proposed safety
226226 11 measures that may be considered;
227227 12 (6) the process required to install and maintain a
228228 13 public restroom facility and implement the features
229229 14 described under paragraph (5);
230230 15 (7) any challenges that may arise from the
231231 16 installation and maintenance of a public restroom
232232 17 facility, including any known opposition within the local
233233 18 community; and
234234 19 (8) any additional recommendations for the
235235 20 installation of a public restroom facility in each
236236 21 identified location to address the challenges associated
237237 22 with the installation.
238238 23 (c) No later than 3 months after receiving the public
239239 24 restroom facilities report under subsection (b), the county
240240 25 shall begin the necessary repairs to each nonfunctional public
241241 26 restroom facility.
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252252 1 No later than 6 months after receiving the public restroom
253253 2 facilities report under subsection (b), the county shall begin
254254 3 the process of installing public restroom facilities in the
255255 4 locations identified and recommended in the report. Each
256256 5 public restroom facility shall be identified as an all-gender,
257257 6 multiple-occupancy restroom.
258258 7 Section 99. Effective date. This Act takes effect upon
259259 8 becoming law.
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