Illinois General Assembly

Previous General Assemblies

Public Act 094-0450


 

Public Act 0450 94TH GENERAL ASSEMBLY



 


 
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