SB3589 104TH GENERAL ASSEMBLY

LRB104 20589 RTM 34079 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3589

Introduced 2/5/2026, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1195 new
65 ILCS 5/11-42-18 new

Amends the Counties Code and the Illinois Municipal Code. Provides that, by January 1, 2027, every county and municipality shall create a process by which a resident can report a business, including a retail tobacco store, that the resident has reason to believe is committing an offense of unlawful manufacture or delivery of nitrous oxide. Provides that, by January 1, 2027, every county and municipality shall adopt regulations to ensure that a business, including a retail tobacco store, is not selling nitrous oxide to consumers, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes. Provides that the regulations required by the provision shall outline how the municipality or county shall regulate a business when the municipality or county obtains actual knowledge that a business, including a retail tobacco store, committed an offense of unlawful manufacture or delivery of nitrous oxide. 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 5. The Counties Code is amended by adding Section 5-1195 as follows:

(55 ILCS 5/5-1195 new)

Sec. 5-1195. Municipal and county duties.

(a) By January 1, 2027, every county shall create a process by which a resident can report a business, including a retail tobacco store, within its territorial limits but outside of the territorial limits of any municipality, that the resident has reason to believe is committing an offense under Section 24.5-10 of the Criminal Code of 2012.

(b) By January 1, 2027, every county shall adopt regulations to ensure that a business, including a retail tobacco store, is not selling nitrous oxide to consumers, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes.

(c) The regulations required by subsection (b) shall outline how the county shall regulate a business when the county obtains actual knowledge that a business, including a retail tobacco store, committed an offense under Section 24.5-10 of the Criminal Code of 2012.

(d) A home rule county or home rule municipality may not regulate the retail sale of nitrous oxide in a manner inconsistent with 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 10. The Illinois Municipal Code is amended by adding Section 11-42-18 as follows:

(65 ILCS 5/11-42-18 new)

Sec. 11-42-18. Municipal and county duties.

(a) By January 1, 2027, every municipality shall create a process by which a resident can report a business, including a retail tobacco store, within the municipality's territorial limits, that the resident has reason to believe is committing an offense under Section 24.5-10 of the Criminal Code of 2012.

(b) By January 1, 2027, every municipality shall adopt regulations to ensure that a business, including a retail tobacco store, is not selling nitrous oxide to consumers, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes.

(c) The regulations required by subsection (b) shall outline how the municipality shall regulate a business when the municipality obtains actual knowledge that a business, including a retail tobacco store, committed an offense under Section 24.5-10 of the Criminal Code of 2012.

(d) A home rule municipality may not regulate the retail sale of nitrous oxide in a manner inconsistent with this Section. 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.