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. LRB103 37195 CES 67314 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3792 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 410 ILCS 35/30 410 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. LRB103 37195 CES 67314 b LRB103 37195 CES 67314 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3792 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 410 ILCS 35/30 410 ILCS 35/30 410 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. LRB103 37195 CES 67314 b LRB103 37195 CES 67314 b LRB103 37195 CES 67314 b A BILL FOR SB3792LRB103 37195 CES 67314 b SB3792 LRB103 37195 CES 67314 b SB3792 LRB103 37195 CES 67314 b 1 AN ACT concerning health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Equitable Restrooms Act is amended by 5 changing 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, 9 safety, and gender inclusivity of all Illinois residents and 10 visitors. This Section shall be liberally construed to carry 11 out this purpose. 12 (b) In this Section, "multiple-occupancy restroom" means a 13 room or suite of rooms, intended for simultaneous use by 2 or 14 more occupants, containing at least one sink and at least 2 15 toilets. 16 (c) Notwithstanding any other provision of law, any 17 multiple-occupancy restroom must may be identified as an 18 all-gender multiple-occupancy restroom and designated for use 19 by any person of any gender. An all-gender multiple-occupancy 20 restroom 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3792 Introduced 2/9/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 410 ILCS 35/30 410 ILCS 35/30 410 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. LRB103 37195 CES 67314 b LRB103 37195 CES 67314 b LRB103 37195 CES 67314 b A BILL FOR 410 ILCS 35/30 LRB103 37195 CES 67314 b SB3792 LRB103 37195 CES 67314 b SB3792- 2 -LRB103 37195 CES 67314 b SB3792 - 2 - LRB103 37195 CES 67314 b SB3792 - 2 - LRB103 37195 CES 67314 b 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 10 contain urinals. 11 (d) Any multiple-occupancy restroom must may be converted 12 into an all-gender multiple-occupancy restroom. If a 13 multiple-occupancy restroom is to be converted into an 14 all-gender multiple-occupancy restroom and a 15 multiple-occupancy restroom serving a different gender is 16 located adjacent or in proximity to the all-gender 17 multiple-occupancy restroom, then both multiple-occupancy 18 restrooms must be converted into all-gender multiple-occupancy 19 restrooms. 20 (e) When If a facility converts any multiple-occupancy 21 restroom into an all-gender multiple-occupancy restroom or 22 commences construction, or commences alterations exceeding 50% 23 of the facility, and implements an all-gender 24 multiple-occupancy restroom, the all-gender 25 multiple-occupancy restroom must, in addition to the 26 requirements of subsection (c): SB3792 - 2 - LRB103 37195 CES 67314 b SB3792- 3 -LRB103 37195 CES 67314 b SB3792 - 3 - LRB103 37195 CES 67314 b SB3792 - 3 - LRB103 37195 CES 67314 b 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 11 of public accommodation or public buildings. If an all-gender 12 multiple-occupancy restroom is newly constructed, any newly 13 constructed multiple-occupancy restroom located adjacent or in 14 proximity to the newly constructed all-gender 15 multiple-occupancy restroom must also be designated as an 16 all-gender multiple-occupancy restroom. 17 (g) When plumbing fixtures in a facility are otherwise 18 required to meet female-to-male ratio requirements, including, 19 but not limited to, the requirements under Section 15 or the 20 minimum fixture requirements adopted under the Illinois 21 Plumbing License Law, each individual fixture in an all-gender 22 multiple-occupancy restroom may be counted toward the required 23 number of either female or male fixtures until the minimum 24 requirement is met. If a fixture is counted toward the minimum 25 required fixtures for females, that same fixture shall not 26 also be counted toward the minimum required fixtures for SB3792 - 3 - LRB103 37195 CES 67314 b SB3792- 4 -LRB103 37195 CES 67314 b SB3792 - 4 - LRB103 37195 CES 67314 b SB3792 - 4 - LRB103 37195 CES 67314 b 1 males. If a fixture is counted toward the minimum required 2 fixtures for males, that same fixture shall not also be 3 counted toward the minimum required fixtures for females. 4 This subsection shall not be construed to allow any 5 violation of female-to-male ratio requirements set forth by 6 this Act. 7 (h) During any inspection of a facility by a health 8 officer, health inspector, or building inspector, the health 9 officer, health inspector, or building inspector may inspect 10 the facility to determine whether it complies with this 11 Section, if it is required to do so. 12 (i) The Department of Public Health shall adopt rules to 13 implement this Section. 14 (Source: P.A. 103-518, eff. 8-11-23.) SB3792 - 4 - LRB103 37195 CES 67314 b