HB2952 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 2952 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2952 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Equitable Restrooms Act is amended by | ||||||
| 5 | changing Section 18 as follows: | ||||||
| 6 | (410 ILCS 35/18) | ||||||
| 7 | Sec. 18. Baby changing stations. | ||||||
| 8 | (a) As used in this Section: | ||||||
| 9 | "Public building" means: | ||||||
| 10 | (1) a place of public accommodation, as that term is | ||||||
| 11 | defined in Section 10; | ||||||
| 12 | (2) a State building that is open to the public and | ||||||
| 13 | that has running water; | ||||||
| 14 | (3) a retail store of more than 5,000 square feet that | ||||||
| 15 | contains a restroom open to the public; or | ||||||
| 16 | (4) a restaurant that meets the following criteria: | ||||||
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| 1 | (A) the restaurant has an occupancy of at least 60 | ||||||
| 2 | persons, as determined by the local fire department, fire | ||||||
| 3 | protection district, building permitting entity, or | ||||||
| 4 | building inspector; (B) the restaurant contains a restroom | ||||||
| 5 | that is open to the public; and (C) the restaurant's | ||||||
| 6 | entrance is not within 300 feet of a centrally located | ||||||
| 7 | facility with a baby diaper changing station that is open | ||||||
| 8 | to the public; | ||||||
| 9 | (5) hotels and lodging facilities; | ||||||
| 10 | (6) public and private schools and educational | ||||||
| 11 | institutions that are intended for use by or accessible to | ||||||
| 12 | families and are constructed on or after July 1, 2026; | ||||||
| 13 | (7) health care facilities with public restrooms; or | ||||||
| 14 | (8) a public park with one or more restroom facilities | ||||||
| 15 | that have running water. | ||||||
| 16 | "Restaurant" means a business having sales of ready-to-eat | ||||||
| 17 | food for immediate consumption comprising at least 51% of the | ||||||
| 18 | total sales, excluding the sale of liquor. | ||||||
| 19 | (b) Every public building with restrooms open and | ||||||
| 20 | accessible to the public shall have: | ||||||
| 21 | (1) at least one safe, sanitary, convenient, and | ||||||
| 22 | publicly accessible baby diaper changing station that is | ||||||
| 23 | accessible to women entering a restroom provided for use | ||||||
| 24 | by women and at least one safe, sanitary, convenient, and | ||||||
| 25 | publicly accessible baby diaper changing station that is | ||||||
| 26 | accessible to men entering a restroom provided for use by | ||||||
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| 1 | men; or | ||||||
| 2 | (2) at least one safe, sanitary, convenient, and | ||||||
| 3 | publicly accessible baby diaper changing station that is | ||||||
| 4 | accessible to both men and women. | ||||||
| 5 | This requirement is in addition to any accommodations that | ||||||
| 6 | may be made for individuals in accordance with any local, | ||||||
| 7 | State, or federal laws regarding access for persons with | ||||||
| 8 | disabilities and to existing fire, health, and safety codes or | ||||||
| 9 | standards. | ||||||
| 10 | (c) Subsection (b) does not apply to the following: | ||||||
| 11 | (1) An industrial building, nightclub, or bar that | ||||||
| 12 | does not permit anyone who is under 18 years of age to | ||||||
| 13 | enter the premises. | ||||||
| 14 | (2) A restroom located in a health facility, if the | ||||||
| 15 | restroom is intended for the use of one patient or | ||||||
| 16 | resident at a time. | ||||||
| 17 | (3) A renovation, if a local building permitting | ||||||
| 18 | entity or building inspector determines that the | ||||||
| 19 | installation of a baby diaper changing station is not | ||||||
| 20 | feasible or would result in a failure to comply with | ||||||
| 21 | applicable building standards governing the right of | ||||||
| 22 | access for persons with disabilities. The permitting | ||||||
| 23 | entity or building inspector may grant an exemption from | ||||||
| 24 | the requirements of this subsection under those | ||||||
| 25 | circumstances. | ||||||
| 26 | (d) A public restroom that is open and accessible to the | ||||||
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| 1 | public and includes a baby diaper changing station shall | ||||||
| 2 | include signage at or near the entrance to the baby changing | ||||||
| 3 | station indicating the location of the baby diaper changing | ||||||
| 4 | station. | ||||||
| 5 | (d-5) Beginning July 1, 2026, each public and private | ||||||
| 6 | school that is intended for use by or accessible to families | ||||||
| 7 | and was constructed before July 1, 2026 and each educational | ||||||
| 8 | institution that is intended for use by or accessible to | ||||||
| 9 | families and was constructed before July 1, 2026 must: | ||||||
| 10 | (1) provide at least one baby diaper changing station | ||||||
| 11 | in a restroom accessible to men and one baby diaper | ||||||
| 12 | changing station in a restroom accessible to women; or | ||||||
| 13 | (2) provide at least one baby diaper changing station | ||||||
| 14 | that is accessible to both men and women; or | ||||||
| 15 | (3) make available a safe, sanitary, and accessible | ||||||
| 16 | alternative location within the building for baby diaper | ||||||
| 17 | changing, provided the area is easily accessible and meets | ||||||
| 18 | applicable health and safety standards. | ||||||
| 19 | (e) This Section shall not be enforceable by a private | ||||||
| 20 | right of action. | ||||||
| 21 | (Source: P.A. 101-293, eff. 1-1-20; 101-602, eff. 1-1-20.)". | ||||||
