SB3011 104TH GENERAL ASSEMBLY

LRB104 19382 RTM 32830 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3011

Introduced 1/27/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

New Act

Creates the Prohibition of Nicotine Sales Near Schools Act. Provides that, by January 1, 2027 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, 2027, 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 comply with the Act by January 1, 2027, then the retail sale of nicotine-containing products near schools and day care centers within the county or municipality shall be governed by the Department of Revenue. Provides that, if a municipality or county fails to comply with the Act, then the Department of Revenue may not grant licenses for retailers that would permit the retail sale of nicotine-containing products near a school or day care center in the municipality or county. Provides that any establishment in existence before January 1, 2027 shall be able to keep or renew its retailer license that permits the establishment to sell nicotine containing products if the principal of the school or owner of the day care center located near the establishment has not indicated opposition to the issuance or renewal of the license in writing to the Department of Revenue. Limits home rule powers. Effective immediately.

A BILL FOR

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 by 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 1,000 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 products" 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, and 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. Municipal and county duties.

(a) By January 1, 2027, every municipality shall regulate, within its territorial limits, the retail sale of nicotine-containing products near schools and day care centers.

(b) By January 1, 2027, 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.

(c) If a county or municipality does not comply with this Section by January 1, 2027, then the retail sale of nicotine-containing products near schools and day care centers within that county or municipality shall be governed by Section 15.

(d) Municipalities and counties may enact more restrictive provisions than the provisions set forth in this Act.

Section 15. Regulation by the Department of Revenue. After January 1, 2027, the Department of Revenue may not grant licenses for retailers that would permit the retail sale of nicotine-containing products near a school or day care center in (i) any municipality that has failed to comply with subsection (a) of Section 10 by January 1, 2027 and (ii) any territory within the limits of a county that has failed to comply with subsection (b) of Section 10. Notwithstanding this Section, any establishment in existence before January 1, 2027 shall be able to keep or renew its retailer license that permits the establishment to sell nicotine containing products if the principal of the school or owner of the day care center located near the establishment has not indicated opposition to the issuance or renewal of the license in writing to the Department of Revenue.

Section 20. 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 less restrictive than 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.