ELECTRONIC CIG REQUIREMENTS

Illinois General Assembly - Full Text of SB3244

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SB3244 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3244

Introduced 2/2/2026, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

720 ILCS 675/1.6 new
720 ILCS 675/2

from Ch. 23, par. 2358

Amends the Prevention of Tobacco Use by Persons under 21 Years of Age
and Sale and Distribution of Tobacco Products Act. Provides that before
electronic cigarettes may be sold in the State, each manufacturer of such
products shall register its electronic cigarette products with the
Department of Revenue and shall submit an affidavit to the Department of
Revenue. Describes the form of the affidavit. Provides that the
information in the affidavit shall be compiled in a registry maintained by
the Department of Revenue, updated daily, and made publicly available on
the Department's website. Provides that the Department of Revenue, the
Department of Public Health, the Attorney General, and local law
enforcement agencies shall enforce these provisions by seizing electronic
cigarette products that are not in compliance. Provides that the
Department of Revenue shall adopt rules to enforce these provisions.
Provides that a manufacturer who violates these provisions is guilty of a
Class A misdemeanor. Effective immediately.
LRB104 18814 RLC 32257 b

A BILL FOR

SB3244
LRB104 18814 RLC 32257 b
1

AN ACT concerning criminal law.

2

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

4

Section 5.
The Prevention of Tobacco Use by Persons under
5
21 Years of Age and Sale and Distribution of Tobacco Products
6
Act is amended by changing Section 2 and by adding Section 1.6
7
as follows:

8

(720 ILCS 675/1.6 new)
9

Sec. 1.6.
Manufacturer requirements; electronic
10
cigarettes.

11

(a) Before electronic cigarettes may be sold in this
12
State, each manufacturer of such products shall register its
13
electronic cigarette products with the Department of Revenue
14
and shall submit an affidavit to the Department of Revenue in
15
substantially the following form:
16
ILLINOIS AFFIDAVIT FOR ATTESTATION OF ELECTRONIC CIGARETTE
17
PRODUCTS

18
Affiant hereby states and affirms that:
19

(1) (name of manufacturer)_........is the manufacturer
20

of an electronic cigarette product that is sold or
21

intended to be sold in this State, whether directly or
22

indirectly, or through a distributor, retailer, or similar
23

intermediary or intermediaries.

SB3244
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LRB104 18814 RLC 32257 b
1

(2) (manufacturer representative)....... attests that
2

this product was available for purchase in the United
3

States as of (date available), and the manufacturer has
4

applied for a marketing order for the electronic cigarette
5

product by submitting a Premarket Tobacco Product
6

Application on or before (date of application), to the
7

United States Food and Drug Administration (FDA) or has
8

received a marketing order or other authorization for the
9

electronic cigarette product from the FDA pursuant to
10

Section 387j of Title 21 of the United States Code.
11

(3) (manufacturer)_...... shall notify the Department
12

of Revenue within 30 days of any material change to the
13

attestation, including whether the FDA has issued or not
14

issued a market order or other authorization or has
15

ordered the manufacturer to remove the electronic
16

cigarette product, either temporarily or permanently, from
17

the United States market.
18

(4) (manufacturer)........ understands that it is
19

unlawful for any person, directly or indirectly, to
20

knowingly manufacture, distribute, sell, barter, or
21

furnish in this State any electronic cigarette product
22

that is not included in the directory. The Department of
23

Revenue is relying on information provided in the
24

aforesaid affidavit as to your authority to sell or
25

distribute these products in Illinois. If the Department
26

of Revenue is not advised in writing of authorization for

SB3244
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LRB104 18814 RLC 32257 b
1

a product to be sold or distributed in Illinois so that it
2

may be placed in the directory, it will be deemed an
3

unlawful product.
4

Date:...........

5

(Company name)

6

Subscribed and sworn to before me this_....day of ....20..

7

Notary Public............

8

My Commission Expires:......
9

Commission No.......

10

(b) The information described in subsection (a) shall be
11
compiled in a registry maintained by the Department of
12
Revenue, updated daily, and made publicly available on the
13
Department's website.
14

(c) The Department of Revenue, the Department of Public
15
Health, the Attorney General, and local law enforcement
16
agencies shall enforce the provisions of this Section by
17
seizing electronic cigarette products that are not in
18
compliance with this Section.

19

(d) The Department of Revenue shall adopt rules to enforce
20
this Section.

21

(720 ILCS 675/2)

(from Ch. 23, par. 2358)
22

Sec. 2.
Penalties.
23

(a) Any person who violates subsection (a), (a-5),
24
(a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act
25
is guilty of a petty offense. For the first offense in a

SB3244
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LRB104 18814 RLC 32257 b
1
24-month period, the person shall be fined $200 if his or her
2
employer has a training program that facilitates compliance
3
with minimum-age tobacco laws. For the second offense in a
4
24-month period, the person shall be fined $400 if his or her
5
employer has a training program that facilitates compliance
6
with minimum-age tobacco laws. For the third offense in a
7
24-month period, the person shall be fined $600 if his or her
8
employer has a training program that facilitates compliance
9
with minimum-age tobacco laws. For the fourth or subsequent
10
offense in a 24-month period, the person shall be fined $800 if
11
his or her employer has a training program that facilitates
12
compliance with minimum-age tobacco laws. For the purposes of
13
this subsection, the 24-month period shall begin with the
14
person's first violation of the Act. The penalties in this
15
subsection are in addition to any other penalties prescribed
16
under the Cigarette Tax Act and the Tobacco Products Tax Act of
17
1995.
18

(a-5) Any retailer who violates subsection (a), (a-5),
19
(a-5.1), (a-5.2), (a-8), (b), or (d) of Section 1 of this Act
20
is guilty of a petty offense. For the first offense in a
21
24-month period, the retailer shall be fined $200 if it does
22
not have a training program that facilitates compliance with
23
minimum-age tobacco laws. For the second offense in a 24-month
24
period, the retailer shall be fined $400 if it does not have a
25
training program that facilitates compliance with minimum-age
26
tobacco laws. For the third offense within a 24-month period,

SB3244
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LRB104 18814 RLC 32257 b
1
the retailer shall be fined $600 if it does not have a training
2
program that facilitates compliance with minimum-age tobacco
3
laws. For the fourth or subsequent offense in a 24-month
4
period, the retailer shall be fined $800 if it does not have a
5
training program that facilitates compliance with minimum-age
6
tobacco laws. For the purposes of this subsection, the
7
24-month period shall begin with the person's first violation
8
of the Act. The penalties in this subsection are in addition to
9
any other penalties prescribed under the Cigarette Tax Act and
10
the Tobacco Products Tax Act of 1995.
11

(a-6) For the purpose of this Act, a training program that
12
facilitates compliance with minimum-age tobacco laws must
13
include at least the following elements: (i) it must explain
14
that only individuals displaying valid identification
15
demonstrating that they are 21 years of age or older shall be
16
eligible to purchase tobacco products, electronic cigarettes,
17
or alternative nicotine products and (ii) it must explain
18
where a clerk can check identification for a date of birth. The
19
training may be conducted electronically. Each retailer that
20
has a training program shall require each employee who
21
completes the training program to sign a form attesting that
22
the employee has received and completed tobacco training. The
23
form shall be kept in the employee's file and may be used to
24
provide proof of training.
25

(a-7) A manufacturer who violates Section 1.6 is guilty of
26
a Class A misdemeanor.

SB3244
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LRB104 18814 RLC 32257 b
1

(b) If a person under 21 years of age violates subsection
2
(a-6) of Section 1, he or she is guilty of a Class A
3
misdemeanor.
4

(c) (Blank).
5

(d) (Blank).
6

(e) (Blank).
7

(f) (Blank).
8

(g) (Blank).
9

(h) All moneys collected as fines for violations of
10
subsection (a), (a-5), (a-5.1), (a-6),
(a-7),
(a-8), (b), or
11
(d) of Section 1 shall be distributed in the following manner:
12

(1) one-half of each fine shall be distributed to the
13

unit of local government or other entity that successfully
14

prosecuted the offender; and
15

(2) one-half shall be remitted to the State to be used
16

for enforcing this Act.
17

Any violation of subsection (a) or (a-5) of Section 1
or
18
Section 1.6
shall be reported to the Department of Revenue
19
within 7 business days.
20
(Source: P.A. 102-558, eff. 8-20-21; 103-937, eff. 1-1-25
.)

21

Section 99.
Effective date.
This Act takes effect upon
22
becoming law.

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