Bill Text: IL SB1793 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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 an all-gender multiple-occupancy restroom to 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 if it also 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 a person or entity must meet female-to-male ratio requirements, each individual toilet stall in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. 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". Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-02-23 - Added as Co-Sponsor Sen. Rachel Ventura [SB1793 Detail]

Download: Illinois-2023-SB1793-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1793 Introduced 2/9/2023, by Sen. Emil Jones, III 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, 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 an all-gender multiple-occupancy restroom to 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 if it also 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 a person or entity must meet female-to-male ratio requirements, each individual toilet stall in an all-gender multiple-occupancy restroom may be counted toward the required number of either female or male toilet stalls. 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". Makes other changes. Effective immediately.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 Sections Section 25 and
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. All-gender multiple-occupancy restrooms.
(a) The purpose of this Section is to promote the privacy,
safety, and gender inclusivity of all Illinois residents and
visitors. This Section shall be liberally construed to carry
out this purpose.
(b) In this Section, "multiple-occupancy restroom" means a
fully enclosed room or suite of rooms intended for
simultaneous use by 2 or more occupants, designated to serve

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male or female users, and containing at least one sink and at
least 2 sanitary fixtures, such as toilets or urinals.
(c) 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. An all-gender, multiple-occupancy
restroom must include the following:
(1) Inclusive signage that is prominently displayed at
the exterior of the multiple-occupancy restroom for all
who enter the restroom, that does not indicate any
specific gender, and that indicates any component that is
present in the multiple-occupancy restroom required under
this subsection or subsection (e).
(2) Stall dividers equipped with a sturdy and
functioning locking mechanism controlled by the user and a
partition privacy cover or strip that ensures that no one
is able to see through the space between the stall divider
and door.
(3) Partitions for each urinal that is present.
(d) Any multiple-occupancy restroom may be converted into
an all-gender, multiple-occupancy restroom. If a multiple
occupancy restroom is to be converted into an all-gender,
multiple-occupancy restroom and a multiple-occupancy restroom
serving a different gender is located adjacent to or in
proximity to the all-gender, multiple-occupancy restroom, then
both multiple-occupancy restrooms must be converted into

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all-gender, multiple occupancy restrooms.
(e) Any facility equipped with multiple-occupancy
restrooms for men and for women on more than one level or floor
of the facility shall convert a proportional number of the
multiple-occupancy restrooms into all-gender,
multiple-occupancy restrooms.
(f) If a facility commences construction, or commences
alterations exceeding 50% of the facility, the facility shall
implement an all-gender, multiple-occupancy restroom, and the
all-gender, multiple-occupancy restroom must, in addition to
the requirements of subsection (c):
(1) satisfy all accessibility requirements set forth
by the federal Americans with Disabilities Act of 1990, as
amended, and the Illinois Accessibility Code (71 Ill. Adm.
Code 400);
(2) include a small trash receptacle with a cover in
each toilet stall;
(3) include at least one vending device of
menstruation supplies; and
(4) include at least one baby diaper changing station.
(g) If an all-gender, multiple-occupancy restroom is newly
constructed, any newly constructed multiple-occupancy restroom
located adjacent to or in proximity to the newly constructed
all-gender multiple-occupancy restroom must also be designated
as an all-gender, multiple-occupancy restroom.
(h) When plumbing fixtures in a facility are otherwise

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required to meet female-to-male ratio requirements, including,
but not limited to, the requirements under Section 15 or the
minimum fixture requirements adopted under the Illinois
Plumbing License Law, each individual fixture in an
all-gender, multiple-occupancy restroom may be counted toward
the required number of either female or male fixtures until
the minimum requirement is met. 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. 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. This
subsection shall not be construed to allow any violation of
female-to-male ratio requirements set forth under this Act.
(i) 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 this
Section if the facility is required to do so.
(j) The Department of Public Health shall adopt rules to
implement this Section.
(410 ILCS 35/35 new)
Sec. 35. Public bathroom facilities report.
(a) In this Section, "zip code tabulation area" means an
approximate generalized areal representation of a United

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States postal zip code service area, as the areal
representation is determined by the United States Census
Bureau.
(b) No later than December 31, 2023, the county board of
supervisors or commissioners in each county in the State shall
designate an agency or office that, in coordination with the
Department of Public Health, shall submit to the county board
of supervisors or commissioners and the General Assembly a
public restroom facilities report. The designated agency or
office shall consider input provided by community boards and
the public when identifying a location for a public restroom
facility. The report shall include:
(1) the number of functional public restroom
facilities in each zip code tabulation area in the county
and the location of each public restroom facility;
(2) the number of nonfunctional public restroom
facilities in each zip code tabulation area in the county,
the location of each nonfunctional public restroom
facility, and the repairs necessary to make them
functional;
(3) at least one location in each zip code tabulation
area where the designated agency or office deems it
feasible and appropriate to install a public restroom
facility unless the zip code tabulation area's agency or
office determines that the installation of a public
restroom facility would not be suitable because the zip

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code tabulation area contains a single commercial
building, education facility, or residential complex or is
entirely comprised of industrial zones;
(4) the factors considered in determining whether an
identified location is suitable for installing a public
restroom facility;
(5) features necessary for compliance with the federal
Americans with Disabilities Act of 1990, as amended, the
Illinois Accessibility Code (71 Ill. Adm. Code 400), any
other accessibility requirement, and proposed safety
measures that may be considered;
(6) the process required to install and maintain a
public restroom facility and implement the features
described under paragraph (5);
(7) any challenges that may arise from the
installation and maintenance of a public restroom
facility, including any known opposition within the local
community; and
(8) any additional recommendations for the
installation of a public restroom facility in each
identified location to address the challenges associated
with the installation.
(c) No later than 3 months after receiving the public
restroom facilities report under subsection (b), the county
shall begin the necessary repairs to each nonfunctional public
restroom facility.

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No later than 6 months after receiving the public restroom
facilities report under subsection (b), the county shall begin
the process of installing public restroom facilities in the
locations identified and recommended in the report. Each
public restroom facility shall be identified as an all-gender,
multiple-occupancy restroom.
Section 99. Effective date. This Act takes effect upon
becoming law.