Bill Amendment: IL HB3093 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MENSTRUAL HYGIENE PRODUCTS

Status: 2025-01-07 - Session Sine Die [HB3093 Detail]

Download: Illinois-2023-HB3093-House_Amendment_001.html

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Rep. Barbara Hernandez

Filed: 3/2/2023

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AMENDMENT TO HOUSE BILL 3093
AMENDMENT NO. ______. Amend House Bill 3093 by replacing
everything after the enacting clause with the following:
"Section 5. The Equitable Restrooms Act is amended by
changing Section 20 and by adding Sections 30 and 35 as
follows:
(410 ILCS 35/20) (from Ch. 111 1/2, par. 3751-20)
Sec. 20. Application. Except for Section 25 and Section
30, this Act applies only to places of public accommodation
that commence construction, or that commence alterations
exceeding 50% of the entire place of public accommodation,
after the effective date of this Act.
(Source: P.A. 101-165, eff. 1-1-20.)
(410 ILCS 35/30 new)
Sec. 30. Menstrual hygiene products in public restrooms.

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(a) The General Assembly finds that:
(1) menstrual hygiene products are a health care
necessity and not an item that can be forgone or
substituted easily; and
(2) access to menstrual hygiene products is a serious
and ongoing need in this State.
(b) As used in this Section:
"Menstrual hygiene products" means tampons and sanitary
napkins for use in connection with the menstrual cycle.
"Public restroom" means any public toilet facility that is
available without preference to any specific gender or any
public toilet facility that is available only to women.
"Public restroom" does not include any public toilet facility
in a mosque, temple, church, and other places of worship if the
provision of menstrual hygiene products would conflict with
the entity's sincerely held religious beliefs, practices, or
observances.
(c) This Section applies to any existing or future public
buildings, as that term is defined in Section 18.
(d) Notwithstanding any other provision of law, the owner
of a public restroom shall make available and accessible in
that public restroom menstrual hygiene products at no cost and
shall be responsible for ordering, stocking, and replenishing
the supply of those products in that restroom.
(e) During any inspection of a public building by a health
officer or health inspector, the health officer or health

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inspector may inspect the public building to determine whether
it complies with this Section.
(f) The Department of Public Health shall adopt rules to
implement this Section.
(410 ILCS 35/35 new)
Sec. 35. Violation. The owner of a place of public
accommodation or a public building that violates Section 18,
Section 25, or Section 30 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.".