NICOTINE SALE NEAR SCHOOLS ACT

Illinois General Assembly - Full Text of SB3011

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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.
LRB104 19382 RTM 32830 b

A BILL FOR

SB3011
LRB104 19382 RTM 32830 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Prohibition of Nicotine Sales Near Schools Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Day care center" has the meaning given to that term in
8
Section 2.09 of the Child Care Act of 1969. "Day care center"
9
does not include day care homes, as defined by Section 2.18 of
10
the Child Care Act of 1969, or group day care homes, as defined
11
in Section 2.20 of the Child Care Act of 1969.
12

"Near" means within 1,000 feet as measured by a straight
13
line from the nearest point of the property line of the parcel
14
on which the school or day care center is located to the
15
nearest point of the property line of the parcel on which the
16
retailer is located.
17

"Nicotine-containing products" means any product
18
containing any form of the chemical nicotine, including any
19
salt or complex, regardless of whether the chemical is
20
naturally or synthetically derived, and includes nicotine
21
alkaloids and nicotine analogs and any substance that mimics
22
or replicates the pharmacological effect of nicotine.
23

"School" means any (i) elementary or secondary educational

SB3011
- 2 -
LRB104 19382 RTM 32830 b
1
institution; (ii) charter school; (iii) vocational school;
2
(iv) special education facility; (v) elementary or secondary
3
educational agency, as defined in Section 10 of the P-20
4
Longitudinal Education Dara System Act; or (vi) nonpublic
5
school, including any nonprofit, non-home-based, and nonpublic
6
elementary or secondary school.

7

Section 10.
Municipal and county duties.
8

(a) By January 1, 2027, every municipality shall regulate,
9
within its territorial limits, the retail sale of
10
nicotine-containing products near schools and day care
11
centers.
12

(b) By January 1, 2027, every county shall regulate,
13
within its territorial limits but outside of the territorial
14
limits of any municipality, the retail sale of
15
nicotine-containing products near schools and day care
16
centers.
17

(c) If a county or municipality does not comply with this
18
Section by January 1, 2027, then the retail sale of
19
nicotine-containing products near schools and day care centers
20
within that county or municipality shall be governed by
21
Section 15.
22

(d) Municipalities and counties may enact more restrictive
23
provisions than the provisions set forth in this Act.

24

Section 15.
Regulation by the Department of Revenue.
After

SB3011
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LRB104 19382 RTM 32830 b
1
January 1, 2027, the Department of Revenue may not grant
2
licenses for retailers that would permit the retail sale of
3
nicotine-containing products near a school or day care center
4
in (i) any municipality that has failed to comply with
5
subsection (a) of Section 10 by January 1, 2027 and (ii) any
6
territory within the limits of a county that has failed to
7
comply with subsection (b) of Section 10. Notwithstanding this
8
Section, any establishment in existence before January 1, 2027
9
shall be able to keep or renew its retailer license that
10
permits the establishment to sell nicotine containing products
11
if the principal of the school or owner of the day care center
12
located near the establishment has not indicated opposition to
13
the issuance or renewal of the license in writing to the
14
Department of Revenue.

15

Section 20.
Home rule.
A home rule county or home rule
16
municipality may not regulate the retail sale of
17
nicotine-containing products near a school or day care center
18
in a manner less restrictive than the requirements of this
19
Act. This Section is a denial and limitation of home rule
20
powers and functions under subsection (i) of Section 6 of
21
Article VII of the Illinois Constitution.

22

Section 99.
Effective date.
This Act takes effect upon
23
becoming law.

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