SB2393eng 104TH GENERAL ASSEMBLY

SB2393 Engrossed LRB104 10129 RTM 20201 b

AN ACT concerning local government.

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 Prohibition of Nicotine Sales Near Schools Act.

Section 5. Definitions. As used in this Act:

"Day care center" has the meaning given to that term in Section 2.09 of the Child Care Act of 1969. "Day care center" does not include day care homes, as defined in Section 2.18 of the Child Care Act of 1969, or group day care homes, as defined in Section 2.20 of the Child Care Act of 1969.

"Near" means within 500 feet as measured by a straight line from the nearest point of the property line of the parcel on which the school or day care center is located to the nearest point of the property line of the parcel on which the retailer is located.

"Nicotine-containing product" means any product containing any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. "Nicotine-containing product" includes nicotine alkaloids and nicotine analogs and any substance that mimics or replicates the pharmacological effect of nicotine.

"School" means any (i) elementary or secondary educational institution; (ii) charter school; (iii) vocational school; (iv) special education facility; (v) elementary or secondary educational agency, as defined in Section 10 of the P-20 Longitudinal Education Dara System Act; or (vi) nonpublic school, including any nonprofit, non-home-based, and nonpublic elementary or secondary school.

Section 10. County and municipal duties.

(a) Beginning January 1, 2027, a county or municipality may not permit the sale of nicotine-containing products near a school or day care center, unless (i) a county or municipality has adopted an ordinance or regulation that regulates the sale of nicotine-containing products near a school or day care center before January 1, 2027; (ii) the establishment selling nicotine-containing products is established before January 1, 2027; or (iii) the establishment selling nicotine-containing products was not near a school or day care center when it was established.

(b) Any regulation or ordinance adopted by a county or municipality relating to the sale of nicotine-containing products within a specified distance of a school or daycare before January 1, 2027 may remain in effect and is not affected by this Act.

(c) This Section does not apply to establishments in existence before January 1, 2027. An establishment is considered in existence if the physical building remains in the same location and is not not affected if the ownership of the physical building changes. This Section shall not be construed to require an establishment in existence after January 1, 2027 to relocate if a school or day care center is established or relocates near the establishment.

Section 15. Home rule. A home rule county or home rule municipality may not regulate the retail sale of nicotine-containing products near a school or day care center in a manner inconsistent with the requirements of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (i) of Section 6 of Article VII of the Illinois Constitution.

Section 99. Effective date. This Act takes effect upon becoming law.