SB3362 104TH GENERAL ASSEMBLY

LRB104 19569 BDA 33017 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3362

Introduced 2/4/2026, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

410 ILCS 720/65
415 ILCS 151/1-50
415 ILCS 175/70

Creates the Make Polluters Pay Act. Amends the Drug Take-Back Act. Provides that any person who violates the act is liable for a civil penalty of $10,000 (rather than $7,000). Amends the Consumer Electronics Recycling Act. Provides that any person who violates the Act is liable for a civil penalty of $10,000 (rather than $7,000) Amends the Paint Stewardship Act. Provides that any person who violates the Act is liable for a civil penalty of $10,000 (rather than $7,000).

A BILL FOR

AN ACT concerning Safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Drug Take-Back Act is amended by changing Section 65 as follows:

(410 ILCS 720/65)

Sec. 65. Rules; enforcement; penalties.

(a) The Agency may adopt any rules it deems necessary to implement and administer this Act.

(b) Except as otherwise provided in this Act, any person who violates any provision of this Act is liable for a civil penalty of $10,000 $7,000 per violation per day, provided that the penalty for failure to register or pay a fee under this Act shall be double the applicable registration fee.

(c) The penalties provided for in this Section may be recovered in a civil action brought in the name of the People of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited in the Environmental Protection Trust Fund.

(d) The Attorney General or the State's Attorney of a county in which a violation occurs may institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such actions as may be necessary to address violations of this Act.

(e) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other law. Nothing in this Act bars a cause of action by the State for any other penalty, injunction, or other relief provided by any other law.

(f) Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Agency, related to or required by this Act or any rule adopted under this Act commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this subsection (f), violates this subsection (f) a second or subsequent time, commits a Class 3 felony.

(Source: P.A. 102-1055, eff. 6-10-22.)

Section 10. The Consumer Electronics Recycling Act is amended by changing Section 1-50 as follows:

(415 ILCS 151/1-50)

(Section scheduled to be repealed on December 31, 2031)

Sec. 1-50. Penalties.

(a) Except as otherwise provided in this Act, any person who violates any provision of this Act is liable for a civil penalty of $10,000 $7,000 per violation, provided that the penalty for failure to register or pay a fee under this Act shall be double the applicable registration fee.

(b) The penalties provided for in this Section may be recovered in a civil action brought in the name of the people of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited in the Environmental Protection Trust Fund, to be used in accordance with the provisions of the Environmental Protection Trust Fund Act.

(c) The Attorney General or the State's Attorney of a county in which a violation occurs may institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such actions as may be necessary to address violations of this Act.

(d) A fine imposed by administrative citation pursuant to Section 1-55 of this Act shall be $1,000 per violation, plus any hearing costs incurred by the Illinois Pollution Control Board and the Agency. Such fines shall be made payable to the Environmental Protection Trust Fund to be used in accordance with the Environmental Protection Trust Fund Act.

(e) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other law. Nothing in this Act bars a cause of action by the State for any other penalty, injunction, or other relief provided by any other law.

(f) A knowing violation of subsections (a), (b), or (c) of Section 1-83 of this Act by anyone other than a residential consumer is a petty offense punishable by a fine of $500. A knowing violation of subsections (a), (b), or (c) of Section 1-83 by a residential consumer is a petty offense punishable by a fine of $25 for a first violation; however, a subsequent violation by a residential consumer is a petty offense punishable by a fine of $50.

(g) Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Agency, related to or required by this Act or any rule adopted under this Act commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this subsection (g), violates this subsection (g) a second or subsequent time, commits a Class 3 felony.

(Source: P.A. 100-362, eff. 8-25-17; 100-433, eff. 8-25-17.)

Section 15. The Paint Stewardship Act is amended by changing Section 70 as follows:

(415 ILCS 175/70)

Sec. 70. Penalties.

(a) Any person who violates any provision of this Act is liable for a civil penalty of $10,000 $7,000 per violation, except that the failure to register or pay a fee under this Act shall cause the person who fails to register or pay the fee to be liable for a civil penalty that is double the applicable registration fee.

(b) The penalties provided for in this Section may be recovered in a civil action brought in the name of the people of the State of Illinois by the State's Attorney of the county in which the violation occurred or by the Attorney General. Any penalties collected under this Section in an action in which the Attorney General has prevailed shall be deposited into the Environmental Protection Trust Fund, to be used in accordance with the provision of the Environmental Protection Trust Fund Act.

(c) The Attorney General or the State's Attorney of a county in which a violation occurs may institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act or to require such actions as may be necessary to address violations of this Act.

(d) The penalties and injunctions provided in this Act are in addition to any penalties, injunctions, or other relief provided under any other State law. Nothing in this Act bars a cause of action by the State for any other penalty, injunction, or other relief provided by any other law.

(e) Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Agency, related to or required by this Act or any rule adopted under this Act commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this subsection, violates this subsection a second or subsequent time commits a Class 3 felony.

(Source: P.A. 103-372, eff. 1-1-24.)