PLASTIC BAG FEE

Illinois General Assembly - Full Text of SB3742

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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.
LRB104 19246 WRO 32692 b

A BILL FOR

SB3742
LRB104 19246 WRO 32692 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Single-Use Plastic Bag Taxation Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Plastic" means an organic or petroleum-derived synthetic
8
or a semisynthetic solid material synthesized by the
9
polymerization of organic substances that is moldable into
10
various rigid and flexible forms, and to which additives or
11
other substances may have been added. "Plastic" does not
12
include natural polymers that have not been chemically
13
modified.
14

"Single-use checkout bag" means a single-use plastic bag
15
that is provided by a retail mercantile establishment at the
16
checkout, cash register, or point of sale to a consumer for the
17
purpose of transporting goods out of the retail mercantile
18
establishment and that is not a recycled paper bag or reusable
19
bag. The term "single-use checkout bag" does not include a bag
20
that is:
21

(1) used to package bulk items such as fruit,
22

vegetables, nuts, grains, or candy;
23

(2) used for greeting cards, balloons, or small

SB3742
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LRB104 19246 WRO 32692 b
1

hardware items such as nails and bolts;
2

(3) used to contain or wrap frozen foods, meat, or
3

fish whether prepackaged or not;
4

(4) used to contain or wrap flowers or potted plants
5

or other items where dampness may be a problem;
6

(5) used to contain unwrapped prepared foods or bakery
7

goods;
8

(6) used to contain prescription drugs;
9

(7) sold in packages containing multiple bags intended
10

for use as garbage bags, pet waste bags or yard waste bags;
11

(8) brought to a store by the consumer for their own
12

use or to carry away from the store goods that are not
13

placed in a bag provided by the store;
14

(9) provided by a dine-in or take-out restaurant to
15

contain food or drink purchased by the restaurant's
16

consumers;
17

(10) plastic liners that are permanently affixed, or
18

designed and intended to be permanently affixed, to the
19

inside of a particular bag;
20

(11) a newspaper bag, door-hanger bag, laundry
21

cleaning bag, garment bag; or
22

(12) used for online or digital orders where an
23

employee of the retail mercantile establishment packages
24

the goods for curbside pick-up or delivery.

25

Section 10.
Single-use checkout bag fees.

SB3742
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LRB104 19246 WRO 32692 b
1

(a) If a retail mercantile establishment offers a
2
single-use checkout bag to consumers, the retail mercantile
3
establishment shall charge a fee of $0.05 per single-use
4
checkout bag offered to a consumer.
5

(b) All amounts collected pursuant to this Section are
6
retained by the retail mercantile establishment and may be
7
used for any lawful purpose.
8

(c) A retail mercantile establishment may not rebate or
9
otherwise reimburse a customer any portion of the fee charged
10
pursuant to this Section.
11

(d) The fee imposed under this Section shall not apply to
12
recycled paper bags that are used to carry items purchased
13
pursuant to the Supplemental Nutrition Assistance Program,
14
Women Infants, and Children program, or a similar governmental
15
food assistance program. Any final purchase price that
16
includes a single-use checkout bag fee must be excluded from
17
the amount upon which any fee is charged the retail mercantile
18
establishment by any person when a consumer uses a card, note,
19
plate, coupon book, credit, or any other similar device to
20
purchase the single-use checkout bag.

21

Section 15.
Regulation of checkout bags; home rule.
A
22
municipality or county, including a home rule unit, may not
23
regulate in any manner the use, disposition, content,
24
taxation, or sale of any checkout bag, however defined, that
25
is provided by a retail mercantile establishment at the

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LRB104 19246 WRO 32692 b
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checkout, cash register, point of sale, or other point of
2
departure to a consumer for the purpose of transporting goods
3
out of the retail mercantile establishment. This Section is a
4
denial and limitation of home rule powers and functions under
5
subsection (g) of Section 6 of Article VII of the Illinois
6
Constitution.

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