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SB3465 - 104th General Assembly
CONSTRUCTION-SANITARY REQS
Last Action
Senate Sponsors
Sen. Graciela Guzmán - Mattie Hunter - Celina Villanueva - Adriane Johnson, Mike Porfirio, Javier L. Cervantes, Robert Peters, David Koehler, Mary Edly-Allen, Napoleon Harris, III, Emil Jones, III, Karina Villa and Sara FeigenholtzHouse Sponsors
(Rep. Theresa Mah - Barbara Hernandez - Anne Stava - Kevin John Olickal - Will Guzzardi, Katie Stuart, Kelly M. Cassidy, Elizabeth "Lisa" Hernandez, Camille Y. Lilly, Aarón M. Ortíz, Suzanne M. Ness, Dagmara Avelar, Lilian Jiménez, Joyce Mason, Natalie A. Manley, Mary Gill, Sharon Chung, Ann M. Williams, Margaret A. DeLaRosa, Michelle Mussman, Diane Blair-Sherlock, Laura Faver Dias, Norma Hernandez, Stephanie A. Kifowit, Sue Scherer, Amy Briel, Rick Ryan, Harry Benton and Gregg Johnson)Statutes Amended In Order of Appearance
410 ILCS 37/10.5 new
Synopsis As Introduced
Amends the Construction Site Temporary Restroom Facility Act. Changes the Act's short title to the Construction Site Temporary Restroom Facility and Sanitary Conditions for Menstruation and Lactation Act. Repeals a provision which specifies that separate toileting facilities are not required for males and females if individual portable toilet facilities are used by an owner of a portable building or building under construction to provide access to a restroom. Provides that, if a woman or an individual who menstruates is present on a work site and there are 10 or more workers of any gender at the work site, then a separate toilet facility shall be provided at the work site and designated for use by women and individuals who menstruate. Requires employers in the construction industry to provide their workers who menstruate and are performing construction activities on a work site with minimum sanitary conditions. Describes the required minimum sanitary conditions. Requires employers in the construction industry, upon request, to provide their workers who are lactating and performing construction activities on a work site with reasonable accommodations needed to express breast milk. Describes reasonable accommodations for lactation. Provides that, on or before January 1, 2027, the Department of Public Health shall provide guidance to employers on the accommodations to be provided. Authorizes employees of construction sites to call the certified local public health agency with jurisdiction over a construction site to request an inspection if noncompliance with the Act is suspected. Prohibits retaliation by employers if a call is made by an employee on a construction site for suspected noncompliance with the Act. Provides that any owner who fails or refuses to comply with the provisions of the Act commits a petty offense and is subject to a fine to be determined by the certified local public health agency (rather than only being subject to a petty offense). Defines "employer". Effective immediately.
Senate Floor Amendment No. 1
Adds reference to:
410 ILCS 37/6 new
410 ILCS 37/25 new
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Adds definitions of the terms "construction industry", "employee", and "employer". Makes changes in provisions that establish sanitary safety standards for construction workers who menstruate, express milk, or both. Adds provisions that make it unlawful for an employer to take retaliatory actions or to use a request for an accommodation under the Act as the basis for an adverse employment action. Makes changes in provisions concerning penalties. Specifies that an employer that in good faith provides menstrual products in sealed packaging for employee use as required under the Act shall not be liable in any civil action for injuries resulting from the use of the product, except for willful or wanton conduct by the employer. Provides that the amendatory Act takes effect January 1, 2027 (rather than immediately).
House Floor Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill with the following changes. Defines "menstrual hygiene products". Changes requirements for compliance with certain provisions in the Act from compliance within 6 months after the Department of Public Health adopts rules to compliance within 6 months after the effective date of the amendatory Act. Deletes a requirement for inclusive language. Replaces references to "reasonable accommodations" with references to "lactation accommodations". Provides that compliance with minimum lactation accommodations does not relieve employers from compliance with the Nursing Mothers in the Workplace Act or the Illinois Human Rights Act. Adds a factor for consideration to a definition of "undue hardship". Provides that, on or before January 1, 2027, the Department of Public Health, in consultation with the Department of Human Rights, shall provide guidance to employers via a website or other means concerning lactation accommodations (rather than shall adopt rules concerning reasonable accommodations, including what constitutes an undue hardship on an employer that would prevent accommodation, with consideration of any impact on small businesses). Makes technical and other changes.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/05/2026 | Senate | Filed with Secretary by Sen. Graciela Guzmán |
| 2/05/2026 | Senate | First Reading |
| 2/05/2026 | Senate | Referred to Assignments |
| 2/06/2026 | Senate | Added as Chief Co-Sponsor Sen. Mattie Hunter |
| 2/17/2026 | Senate | Assigned to Labor |
| 2/24/2026 | Senate | Do Pass Labor; 011-005-000 |
| 2/24/2026 | Senate | Placed on Calendar Order of 2nd Reading February 25, 2026 |
| 2/25/2026 | Senate | Added as Co-Sponsor Sen. Mike Porfirio |
| 2/25/2026 | Senate | Added as Co-Sponsor Sen. Javier L. Cervantes |
| 2/26/2026 | Senate | Second Reading |
| 2/26/2026 | Senate | Placed on Calendar Order of 3rd Reading March 3, 2026 |
| 2/27/2026 | Senate | Added as Co-Sponsor Sen. Robert Peters |
| 4/14/2026 | Senate | Senate Floor Amendment No. 1 Filed with Secretary by Sen. Graciela Guzmán |
| 4/14/2026 | Senate | Senate Floor Amendment No. 1 Referred to Assignments |
| 4/14/2026 | Senate | Senate Floor Amendment No. 1 Assignments Refers to Labor |
| 4/14/2026 | Senate | Senate Floor Amendment No. 1 Recommend Do Adopt Labor; 011-004-000 |
| 4/15/2026 | Senate | Recalled to Second Reading |
| 4/15/2026 | Senate | Senate Floor Amendment No. 1 Adopted; Guzman |
| 4/15/2026 | Senate | Placed on Calendar Order of 3rd Reading |
| 4/15/2026 | Senate | Third Reading - Passed; 037-014-000 |
| 4/15/2026 | Senate | Sponsor Removed Sen. Celina Villanueva |
| 4/15/2026 | Senate | Added as Chief Co-Sponsor Sen. Celina Villanueva |
| 4/15/2026 | Senate | Added as Chief Co-Sponsor Sen. Adriane Johnson |
| 4/15/2026 | Senate | Added as Co-Sponsor Sen. David Koehler |
| 4/15/2026 | Senate | Added as Co-Sponsor Sen. Mary Edly-Allen |
| 4/15/2026 | House | Arrived in House |
| 4/15/2026 | House | Chief House Sponsor Rep. Theresa Mah |
| 4/15/2026 | House | First Reading |
| 4/15/2026 | House | Referred to Rules Committee |
| 4/16/2026 | Senate | Added as Co-Sponsor Sen. Napoleon Harris, III |
| 4/17/2026 | Senate | Added as Co-Sponsor Sen. Emil Jones, III |
| 4/20/2026 | Senate | Added as Co-Sponsor Sen. Karina Villa |
| 4/27/2026 | House | Assigned to Labor & Commerce Committee |
| 4/28/2026 | Senate | Added as Co-Sponsor Sen. Sara Feigenholtz |
| 5/07/2026 | House | Committee Deadline Extended-Rule 9(b) May 15, 2026 |
| 5/13/2026 | House | Do Pass / Short Debate Labor & Commerce Committee; 016-009-000 |
| 5/13/2026 | House | Added Alternate Chief Co-Sponsor Rep. Anne Stava |
| 5/13/2026 | House | Added Alternate Chief Co-Sponsor Rep. Kevin John Olickal |
| 5/13/2026 | House | Added Alternate Co-Sponsor Rep. Katie Stuart |
| 5/14/2026 | House | Added Alternate Co-Sponsor Rep. Barbara Hernandez |
| 5/14/2026 | House | Added Alternate Co-Sponsor Rep. Kelly M. Cassidy |
| 5/14/2026 | House | Added Alternate Co-Sponsor Rep. Will Guzzardi |
| 5/14/2026 | House | Placed on Calendar 2nd Reading - Short Debate |
| 5/19/2026 | House | Second Reading - Short Debate |
| 5/19/2026 | House | Held on Calendar Order of Second Reading - Short Debate |
| 5/19/2026 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Theresa Mah |
| 5/19/2026 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 5/20/2026 | House | House Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee |
| 5/20/2026 | House | House Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 018-008-000 |
| 5/21/2026 | House | House Floor Amendment No. 1 Adopted by Voice Vote |
| 5/21/2026 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 5/21/2026 | House | Alternate Co-Sponsor Removed Rep. Barbara Hernandez |
| 5/21/2026 | House | Added Alternate Chief Co-Sponsor Rep. Barbara Hernandez |
| 5/21/2026 | House | Alternate Co-Sponsor Removed Rep. Will Guzzardi |
| 5/21/2026 | House | Added Alternate Chief Co-Sponsor Rep. Will Guzzardi |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Elizabeth "Lisa" Hernandez |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Camille Y. Lilly |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Aarón M. Ortíz |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Suzanne M. Ness |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Dagmara Avelar |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Lilian Jiménez |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Joyce Mason |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Natalie A. Manley |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Mary Gill |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Sharon Chung |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Ann M. Williams |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Margaret A. DeLaRosa |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Michelle Mussman |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Diane Blair-Sherlock |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Laura Faver Dias |
| 5/21/2026 | House | Added Alternate Co-Sponsor Rep. Norma Hernandez |
| 5/22/2026 | House | Third Reading/Final Action Deadline Extended-9(b) May 31, 2026 |
| 5/27/2026 | House | Third Reading - Short Debate - Passed 071-037-000 |
| 5/27/2026 | House | Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit |
| 5/27/2026 | House | Added Alternate Co-Sponsor Rep. Sue Scherer |
| 5/27/2026 | House | Added Alternate Co-Sponsor Rep. Amy Briel |
| 5/27/2026 | House | Added Alternate Co-Sponsor Rep. Rick Ryan |
| 5/27/2026 | House | Added Alternate Co-Sponsor Rep. Harry Benton |
| 5/27/2026 | House | Added Alternate Co-Sponsor Rep. Gregg Johnson |
| 5/28/2026 | Senate | Secretary's Desk - Concurrence House Amendment(s) 1 |
| 5/28/2026 | Senate | Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 29, 2026 |
| 5/28/2026 | Senate | House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Graciela Guzmán |
| 5/28/2026 | Senate | House Floor Amendment No. 1 Motion to Concur Referred to Assignments |
| 5/28/2026 | Senate | House Floor Amendment No. 1 Motion to Concur Assignments Referred to Labor |
| 5/29/2026 | Senate | House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Labor; 012-003-000 |
| 5/31/2026 | Senate | House Floor Amendment No. 1 Senate Concurs 045-013-000 |
| 5/31/2026 | Senate | Senate Concurs |
| 5/31/2026 | Senate | Passed Both Houses |