KEEP NITROUS OXIDE OFF STREETS

Illinois General Assembly - Full Text of SB3589

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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.
LRB104 20589 RTM 34079 b

A BILL FOR

SB3589
LRB104 20589 RTM 34079 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 5.
The Counties Code is amended by adding Section
5
5-1195 as follows:

6

(55 ILCS 5/5-1195 new)
7

Sec. 5-1195.
Municipal and county duties.
8

(a) By January 1, 2027, every county shall create a
9
process by which a resident can report a business, including a
10
retail tobacco store, within its territorial limits but
11
outside of the territorial limits of any municipality, that
12
the resident has reason to believe is committing an offense
13
under Section 24.5-10 of the Criminal Code of 2012.

14

(b) By January 1, 2027, every county shall adopt
15
regulations to ensure that a business, including a retail
16
tobacco store, is not selling nitrous oxide to consumers, with
17
the intent to breathe, inhale, or ingest for the purpose of
18
causing a condition of intoxication, elation, euphoria,
19
dizziness, stupefaction, or dulling of the senses or for the
20
purpose of, in any manner, changing, distorting, or disturbing
21
the audio, visual, or mental processes.

22

(c) The regulations required by subsection (b) shall
23
outline how the county shall regulate a business when the

SB3589
- 2 -
LRB104 20589 RTM 34079 b
1
county obtains actual knowledge that a business, including a
2
retail tobacco store, committed an offense under Section
3
24.5-10 of the Criminal Code of 2012.

4

(d) A home rule county or home rule municipality may not
5
regulate the retail sale of nitrous oxide in a manner
6
inconsistent with this Act. This Section is a denial and
7
limitation of home rule powers and functions under subsection
8
(i) of Section 6 of Article VII of the Illinois Constitution.

9

Section 10.
The Illinois Municipal Code is amended by
10
adding Section 11-42-18 as follows:

11

(65 ILCS 5/11-42-18 new)
12

Sec. 11-42-18.
Municipal and county duties.
13

(a) By January 1, 2027, every municipality shall create a
14
process by which a resident can report a business, including a
15
retail tobacco store, within the municipality's territorial
16
limits, that the resident has reason to believe is committing
17
an offense under Section 24.5-10 of the Criminal Code of 2012.

18

(b) By January 1, 2027, every municipality shall adopt
19
regulations to ensure that a business, including a retail
20
tobacco store, is not selling nitrous oxide to consumers, with
21
the intent to breathe, inhale, or ingest for the purpose of
22
causing a condition of intoxication, elation, euphoria,
23
dizziness, stupefaction, or dulling of the senses or for the
24
purpose of, in any manner, changing, distorting, or disturbing

SB3589
- 3 -
LRB104 20589 RTM 34079 b
1
the audio, visual, or mental processes.

2

(c) The regulations required by subsection (b) shall
3
outline how the municipality shall regulate a business when
4
the municipality obtains actual knowledge that a business,
5
including a retail tobacco store, committed an offense under
6
Section 24.5-10 of the Criminal Code of 2012.

7

(d) A home rule municipality may not regulate the retail
8
sale of nitrous oxide in a manner inconsistent with this
9
Section. This Section is a denial and limitation of home rule
10
powers and functions under subsection (i) of Section 6 of
11
Article VII of the Illinois Constitution.

12

Section 99.
Effective date.
This Act takes effect upon
13
becoming law.

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