Text of IL HB 3093 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3093 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 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 every public restroom open to the public shall include menstrual hygiene products at no cost to the users of that public restroom. Provides that all menstrual hygiene products shall be placed within the public restroom and be openly accessible to users of that public restroom. Provides that the entity providing the public restroom shall be responsible for ordering, stocking, and replenishing the supply of menstrual hygiene products in the public restroom. Provides that the provisions do not apply to mosques, temples, churches, or other places of worship. Includes provisions relating to inspection of public restrooms and rules that the Department of Public Health shall adopt. Provides that a violation of provisions relating to baby changing stations, all-gender single-occupancy restrooms, and menstrual hygiene products is a petty offense with a fine of not more than $100. Effective immediately. LRB103 30407 AWJ 56837 b A BILL FOR HB3093LRB103 30407 AWJ 56837 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 Sections 30 and 35 as 6follows: 7 (410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20) 8 Sec. 20. Application. Except for Section 25 and Section 930, this Act applies only to places of public accommodation 10that commence construction, or that commence alterations 11exceeding 50% of the entire place of public accommodation, 12after the effective date of this Act. 13(Source: P.A. 101-165, eff. 1-1-20.) 14 (410 ILCS 35/30 new) 15 Sec. 30. Menstrual hygiene products in public restrooms. 16 (a) The General Assembly finds that: 17 (1) menstrual hygiene products are a health care 18 necessity and not an item that can be forgone or 19 substituted easily; and 20 (2) access to menstrual hygiene products is a serious 21 and ongoing need in this State. 22 (b) As used in this Section: HB3093- 2 -LRB103 30407 AWJ 56837 b 1 "Menstrual hygiene products" means tampons and sanitary 2napkins for use in connection with the menstrual cycle. 3 "Public restroom" means a public toilet facility that is 4required by applicable law to be made available to customers, 5patrons, visitors, employees, licensees, invitees, students, 6or other members of the public. 7 (c) This Section applies to any existing or future public 8buildings, as that term is defined in Section 18. 9 (d) Notwithstanding any other provision of law, every 10public restroom open to the public shall include menstrual 11hygiene products at no cost to the users of that public 12restroom. All menstrual hygiene products shall be placed 13within the public restroom and be openly accessible to users 14of that public restroom. The entity providing a public 15restroom shall be responsible for ordering, stocking, and 16replenishing the supply of menstrual hygiene products in the 17public restroom. This subsection does not apply to mosques, 18temples, churches, and other places of worship if compliance 19with the provision would conflict with the entity's sincerely 20held religious beliefs, practices, or observances. 21 (e) During any inspection of a public building by a health 22officer or health inspector, the health officer or health 23inspector may inspect the public building to determine whether 24it complies with this Section. 25 (f) The Department of Public Health shall adopt rules to 26implement this Section. HB3093- 3 -LRB103 30407 AWJ 56837 b 1 (410 ILCS 35/35 new) 2 Sec. 35. Violation. A place of public accommodation or a 3public building that violates Section 18, Section 25, or 4Section 30 is guilty of a petty offense. The penalty is a fine 5of not more than $100. 6 Section 99. Effective date. This Act takes effect upon 7becoming law.