Text of IL SB 3792 (2024)

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