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SB 1440

Modifies an income tax deduction for contributions to 529 savings accounts

2026 Regular Session Introduced by Brad Hudson

Illinois SB 1440 raises the max civil penalty for willful OSHA violations by public employers from $10,000 to $70,000 per violation, boosting enforcement and deterrence.

Second Read and Referred S Insurance and Banking Committee
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Bill Summary · SB 1440

Summary — SB 1440 (Illinois, 2025) — Occupational Safety: Civil Penalties

Status: Introduced January 31, 2025 (LRB10406347SPS16383b). Referred to committee; see legislature for current status.

Note: multiple unrelated bills in other states also use the number SB 1440 (e.g., Arizona and Hawaii items in the provided materials). This summary covers the Illinois measure amending the Occupational Safety and Health Act (820 ILCS 219/85).

Purpose / Intent

To increase the maximum civil penalty the State may assess against public employers for willful violations (or conduct showing plain indifference) of the Occupational Safety and Health Act (and related Acts), thereby strengthening enforcement tools and increasing potential financial consequences for serious employer misconduct.

Key provisions and changes

  • Raises the maximum civil penalty for a public employer that "willfully" violates the Act (or demonstrates plain indifference to it, or violates related Acts, standards, rules, regulations or orders) from $10,000 to $70,000 per violation. (Text replaces "$10,000" with "$70,000" for willful violations.)
  • Retains or clarifies other penalty categories:
    • Repeated violations: up to $10,000 per violation.
    • Serious violations: up to $1,000 per violation.
    • Non-serious (other-than-serious) violations: up to $1,000 per violation.
    • Posting requirements violations: specified as other-than-serious with a proposed penalty of $1,000 (applies to Job Safety and Health Poster, annual OSHA Form 300A summary, and certain citations).
    • Failure to correct a cited violation within the allowed time: up to $1,000 per day that the violation continues.
  • Procedural items preserved or restated:
    • Director must notify employer of proposed penalties (by certified mail or previously-designated email).
    • Director may consider appropriateness of penalty and may reduce it (factors include employer history and size).
    • Attorney General (or representative) may bring an action in circuit court to collect assessed civil penalties.
    • All collected civil penalties are deposited into the State of Illinois General Revenue Fund.
  • Definition of "serious violation" retained (condition or practices that create a substantial probability of death or serious physical harm, unless employer could not have known with reasonable diligence).

Who is affected

  • Primary: public employers in Illinois (state agencies, municipalities, school districts, etc.) subject to the State's occupational safety statutes.
  • Secondary: employees and the public—potentially greater protections if the increased penalty serves as a stronger deterrent and spurs compliance.
  • State agencies: the Director responsible for inspections and penalty assessments; Attorney General for enforcement; State General Revenue Fund for deposit of collected penalties.

Potential impact

  • Compliance incentive: higher maximum penalties for willful violations may increase employer incentives to remediate hazards and comply with safety standards.
  • Financial exposure: public employers face much larger maximum fines in cases characterized as willful or showing plain indifference.
  • Fiscal: potential for increased state revenue from higher penalties, though actual impact depends on enforcement patterns and case outcomes.
  • Legal: may prompt more contested proceedings and appeals in cases where a violation is characterized as willful.

Procedural / timeline notes

  • Bill introduced in the 2025 legislative session (LRB filing date 01/31/2025).
  • Follow legislative tracking for committee referrals, votes, amendments, and final disposition. (The provided materials include assorted actions across multiple jurisdictions; consult the Illinois General Assembly website or legislative clerk for up-to-date status and history specific to this Illinois SB 1440.)

Compiled from official sources — confirm details with the bill’s official record.

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