104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2393
 
Introduced 2/7/2025, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:
 
New Act
    Creates the Prohibition of Nicotine Sales Near Schools Act. Provides that, by January 1, 2026, every municipality shall regulate within its territorial limits, the retail sale of nicotine-containing products near schools and day care centers. Provides that, by January 1, 2026, every county shall regulate, within its territorial limits but outside of the territorial limits of any municipality, the retail sale of nicotine-containing products near schools and day care centers. Provides that if a county or municipality does not adopt regulations governing the retail sale of nicotine-containing products near a school or day care center before January 1, 2026, then the Department of Revenue is prohibited from granting licenses for distributors or retailers that would permit the retail sale of nicotine-containing products within 1,000 feet of a school or day care center in the municipality and the territorial limits of a county that are outside of the territorial limits of any municipality. Limits home rule powers. Effective immediately.


LRB104 10129 RTM 20201 b

 
 
A BILL FOR
 
SB2393LRB104 10129 RTM 20201 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the 
5Prohibition of Nicotine Sales Near Schools Act.
 
6    Section 5. Municipal and county duties.
7    (a) By January 1, 2026, every municipality shall regulate, 
8within its territorial limits, the retail sale of 
9nicotine-containing products near schools and day care 
10centers.
11    (b) By January 1, 2026, every county shall regulate, 
12within its territorial limits but outside of the territorial 
13limits of any municipality, the retail sale of 
14nicotine-containing products near schools and day care 
15centers.
16    (c) If a county or municipality does not comply with this 
17Section by January 1, 2026, then the retail sale of 
18nicotine-containing products near schools and day care centers 
19within that county or municipality shall be governed by 
20Section 10.
 
21    Section 10. Regulation by the Department of Revenue. After 
22January 1, 2026, the Department of Revenue is prohibited from 
 
 
SB2393- 2 -LRB104 10129 RTM 20201 b

1granting licenses for distributors or retailers that would 
2permit the retail sale of nicotine-containing products within 
31,000 feet of a school or day care center in (i) any 
4municipality that has failed to comply with subsection (a) of 
5Section 5 by January 1, 2026 and (ii) any territory within the 
6limits of a county that has failed to comply with subsection 
7(b) of Section 5. Notwithstanding any other provisions of this 
8Section, any establishment in existence before January 1, 2026 
9shall be able to keep or renew its retailer or distributor 
10license if the principal of the school or owner of the day care 
11center located within 1,000 feet of the establishment has not 
12indicated opposition to the issuance or renewal of the license 
13in writing to the Department of Revenue.
 
14    Section 15. Home rule preemption. A home rule county or 
15home rule municipality may not regulate the retail sale of 
16products containing nicotine near a school or day care center 
17in a manner inconsistent with this Act. This Section is a 
18denial and limitation of home rule powers and functions under 
19subsection (i) of Section 6 of Article VII of the Illinois 
20Constitution.
 
21    Section 999. Effective date. This Act takes effect upon 
22becoming law.