Illinois General Assembly - Full Text of HB1286
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Full Text of HB1286  103rd General Assembly

HB1286 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1286

 

Introduced 1/31/2023, by Rep. Katie Stuart and Daniel Didech

 

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 25052 CPF 51387 b

 

 

A BILL FOR

 

HB1286LRB103 25052 CPF 51387 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.

 

 

HB1286- 2 -LRB103 25052 CPF 51387 b

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

 

 

HB1286- 3 -LRB103 25052 CPF 51387 b

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

 

 

HB1286- 4 -LRB103 25052 CPF 51387 b

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.