SB3742 104TH GENERAL ASSEMBLY

LRB104 19246 WRO 32692 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3742

Introduced 2/5/2026, by Sen. Emil Jones, III

SYNOPSIS AS INTRODUCED:

New Act

Creates the Single-Use Plastic Bag Taxation Act. Provides that, if a retail mercantile establishment offers a single-use checkout bag to consumers, the retail mercantile establishment shall charge consumers a fee of $0.05 for each single-use checkout bag offered. Provides that all fees collected shall be retained by the retail mercantile establishment and may be used for any lawful purpose, other than providing a customer a rebate or other form of reimbursement for the fee. Provides that the fee shall not apply to recycled paper bags that are used to carry items purchased pursuant to the Supplemental Nutrition Assistance Program, Women Infants, and Children program or a similar governmental food assistance program. Contains other provisions. Denies home rule powers.

A BILL FOR

AN ACT concerning regulation.

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

Section 1. Short title. This Act may be cited as the Single-Use Plastic Bag Taxation Act.

Section 5. Definitions. As used in this Act:

"Plastic" means an organic or petroleum-derived synthetic or a semisynthetic solid material synthesized by the polymerization of organic substances that is moldable into various rigid and flexible forms, and to which additives or other substances may have been added. "Plastic" does not include natural polymers that have not been chemically modified.

"Single-use checkout bag" means a single-use plastic bag that is provided by a retail mercantile establishment at the checkout, cash register, or point of sale to a consumer for the purpose of transporting goods out of the retail mercantile establishment and that is not a recycled paper bag or reusable bag. The term "single-use checkout bag" does not include a bag that is:

(1) used to package bulk items such as fruit, vegetables, nuts, grains, or candy;

(2) used for greeting cards, balloons, or small hardware items such as nails and bolts;

(3) used to contain or wrap frozen foods, meat, or fish whether prepackaged or not;

(4) used to contain or wrap flowers or potted plants or other items where dampness may be a problem;

(5) used to contain unwrapped prepared foods or bakery goods;

(6) used to contain prescription drugs;

(7) sold in packages containing multiple bags intended for use as garbage bags, pet waste bags or yard waste bags;

(8) brought to a store by the consumer for their own use or to carry away from the store goods that are not placed in a bag provided by the store;

(9) provided by a dine-in or take-out restaurant to contain food or drink purchased by the restaurant's consumers;

(10) plastic liners that are permanently affixed, or designed and intended to be permanently affixed, to the inside of a particular bag;

(11) a newspaper bag, door-hanger bag, laundry cleaning bag, garment bag; or

(12) used for online or digital orders where an employee of the retail mercantile establishment packages the goods for curbside pick-up or delivery.

Section 10. Single-use checkout bag fees.

(a) If a retail mercantile establishment offers a single-use checkout bag to consumers, the retail mercantile establishment shall charge a fee of $0.05 per single-use checkout bag offered to a consumer.

(b) All amounts collected pursuant to this Section are retained by the retail mercantile establishment and may be used for any lawful purpose.

(c) A retail mercantile establishment may not rebate or otherwise reimburse a customer any portion of the fee charged pursuant to this Section.

(d) The fee imposed under this Section shall not apply to recycled paper bags that are used to carry items purchased pursuant to the Supplemental Nutrition Assistance Program, Women Infants, and Children program, or a similar governmental food assistance program. Any final purchase price that includes a single-use checkout bag fee must be excluded from the amount upon which any fee is charged the retail mercantile establishment by any person when a consumer uses a card, note, plate, coupon book, credit, or any other similar device to purchase the single-use checkout bag.

Section 15. Regulation of checkout bags; home rule. A municipality or county, including a home rule unit, may not regulate in any manner the use, disposition, content, taxation, or sale of any checkout bag, however defined, that is provided by a retail mercantile establishment at the checkout, cash register, point of sale, or other point of departure to a consumer for the purpose of transporting goods out of the retail mercantile establishment. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.