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Illinois House Bill HB3191

Illinois 2025-2026 Regular Session

Illinois House Bill HB3191 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3191 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: New Act Creates the Illinois Youth Protection and Nicotine Accountability Act. Makes findings and declares purposes. Prohibits flavored electronic cigarettes. Provides for inspections, enforcement, and penalties with respect to the ban on flavored electronic cigarettes, and limits home rule powers. Creates the Youth Protection and Nicotine Accountability Fund as a special fund in the State treasury, with certain requirements. Provides for a tax on e-cigarettes, with certain penalties and with enforcement and rulemaking by the Department of Revenue. Provides for the Department of Public Health to develop educational curricula and a statewide campaign, subject to appropriation. Provides that the Department of Public Health shall establish and maintain the Illinois Nicotine Exposure Reporting Database for certain purposes. Requires the Department to submit a report regarding the Database within 10 years, and after 10 years the provisions regarding the Database shall be inoperative. Effective immediately, except that certain provisions take effect 6 months after becoming law. Defines terms. LRB104 08849 BDA 18904 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3191 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: New Act New Act Creates the Illinois Youth Protection and Nicotine Accountability Act. Makes findings and declares purposes. Prohibits flavored electronic cigarettes. Provides for inspections, enforcement, and penalties with respect to the ban on flavored electronic cigarettes, and limits home rule powers. Creates the Youth Protection and Nicotine Accountability Fund as a special fund in the State treasury, with certain requirements. Provides for a tax on e-cigarettes, with certain penalties and with enforcement and rulemaking by the Department of Revenue. Provides for the Department of Public Health to develop educational curricula and a statewide campaign, subject to appropriation. Provides that the Department of Public Health shall establish and maintain the Illinois Nicotine Exposure Reporting Database for certain purposes. Requires the Department to submit a report regarding the Database within 10 years, and after 10 years the provisions regarding the Database shall be inoperative. Effective immediately, except that certain provisions take effect 6 months after becoming law. Defines terms. LRB104 08849 BDA 18904 b LRB104 08849 BDA 18904 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3191 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
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55 Creates the Illinois Youth Protection and Nicotine Accountability Act. Makes findings and declares purposes. Prohibits flavored electronic cigarettes. Provides for inspections, enforcement, and penalties with respect to the ban on flavored electronic cigarettes, and limits home rule powers. Creates the Youth Protection and Nicotine Accountability Fund as a special fund in the State treasury, with certain requirements. Provides for a tax on e-cigarettes, with certain penalties and with enforcement and rulemaking by the Department of Revenue. Provides for the Department of Public Health to develop educational curricula and a statewide campaign, subject to appropriation. Provides that the Department of Public Health shall establish and maintain the Illinois Nicotine Exposure Reporting Database for certain purposes. Requires the Department to submit a report regarding the Database within 10 years, and after 10 years the provisions regarding the Database shall be inoperative. Effective immediately, except that certain provisions take effect 6 months after becoming law. Defines terms.
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1111 1 AN ACT concerning electronic cigarettes.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the Youth
1515 5 Protection and Nicotine Accountability Act.
1616 6 Section 5. Findings and purpose.
1717 7 (a) The General Assembly finds that:
1818 8 (1) In 2024, Elf Bar was the most commonly reported
1919 9 brand among youth e-cigarette users, with 36.1% of middle
2020 10 and high school students using the brand.
2121 11 (2) More than 8 in 10 youth e-cigarette users report
2222 12 using flavored products, with fruit, candy, and menthol
2323 13 being the most popular.
2424 14 (3) Over half (54.6%) of students using e-cigarettes
2525 15 prefer products labeled with "ice" or "iced" flavors.
2626 16 (4) Disposables represent the most-used device type,
2727 17 accounting for 55.6% of youth usage.
2828 18 (5) 38.4% of youth e-cigarette users report frequent
2929 19 use, with 26.3% using daily.
3030 20 (6) Poison control centers reported over 7,000
3131 21 vaping-related exposures from April 2022 to March 2023,
3232 22 with nearly 90% involving children under 5 years of age.
3333 23 (7) Numerous studies have shown that higher taxation
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4040 Creates the Illinois Youth Protection and Nicotine Accountability Act. Makes findings and declares purposes. Prohibits flavored electronic cigarettes. Provides for inspections, enforcement, and penalties with respect to the ban on flavored electronic cigarettes, and limits home rule powers. Creates the Youth Protection and Nicotine Accountability Fund as a special fund in the State treasury, with certain requirements. Provides for a tax on e-cigarettes, with certain penalties and with enforcement and rulemaking by the Department of Revenue. Provides for the Department of Public Health to develop educational curricula and a statewide campaign, subject to appropriation. Provides that the Department of Public Health shall establish and maintain the Illinois Nicotine Exposure Reporting Database for certain purposes. Requires the Department to submit a report regarding the Database within 10 years, and after 10 years the provisions regarding the Database shall be inoperative. Effective immediately, except that certain provisions take effect 6 months after becoming law. Defines terms.
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6868 1 on nicotine products, including e-cigarettes, reduces
6969 2 consumption, especially among youth. By taxing
7070 3 nicotine-containing products at an equivalent rate,
7171 4 Illinois will close the tax disparity, making e-cigarettes
7272 5 equally less affordable to both youth and adults, thus
7373 6 decreasing nicotine exposure and discouraging youth
7474 7 uptake.
7575 8 (8) The use of nicotine products, particularly among
7676 9 youth, has led to significant public health concerns,
7777 10 including increased hospitalizations, poison control
7878 11 center reports, and adverse health events.
7979 12 (b) Therefore, the purposes of this Act are as follows:
8080 13 (1) This Act aims to mitigate the rising prevalence of
8181 14 youth e-cigarette use by addressing flavored nicotine
8282 15 products, increasing taxation parity, enforcing marketing
8383 16 and access restrictions, and investing in public health
8484 17 programs.
8585 18 (2) This Act aims to ensure equal taxation on all
8686 19 nicotine-containing products in Illinois. By taxing
8787 20 electronic cigarettes (e-cigarettes) at a rate equivalent
8888 21 to that of traditional combustible cigarettes, this
8989 22 legislation will eliminate existing discrepancies between
9090 23 e-cigarette taxes and traditional cigarette taxes. The
9191 24 goal is to increase the tax rate on e-cigarettes,
9292 25 discouraging youth consumption and reducing affordability.
9393 26 (3) This Act aims to establish a centralized system
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104104 1 that will collect, track, and analyze data on nicotine
105105 2 exposure to enhance public health responses and inform
106106 3 policy-making.
107107 4 Section 10. Definitions. In this Act:
108108 5 "Characterizing flavor" means a distinguishable taste or
109109 6 aroma, other than the taste or aroma of tobacco, imparted
110110 7 either prior to or during consumption of a tobacco product or
111111 8 electronic cigarette. "Characterizing flavor" includes, but is
112112 9 not limited to, tastes or aromas relating to any fruit,
113113 10 chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
114114 11 beverage, herb, or spice, or any product that produces a
115115 12 cooling or numbing sensation.
116116 13 "Electronic cigarette" or "e-cigarette" has the meaning
117117 14 given to the term "electronic cigarette" in Section 10-5 of
118118 15 the Tobacco Products Tax Act of 1995.
119119 16 "Flavored electronic cigarette" means any electronic
120120 17 cigarette or component thereof that imparts a characterizing
121121 18 flavor other than tobacco. "Flavored electronic cigarette"
122122 19 includes, but is not limited to, menthol, mint, wintergreen,
123123 20 fruit, chocolate, vanilla, honey, candy, cocoa, dessert,
124124 21 alcoholic beverage, herb, or spice, or any product that
125125 22 produces a cooling or numbing sensation.
126126 23 "Nicotine Exposure Reporting Database" means a centralized
127127 24 digital system established by the Department of Public Health
128128 25 for collecting and analyzing data related to nicotine exposure
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139139 1 incidents.
140140 2 "Youth" means any individual under the age of 21 residing
141141 3 in Illinois.
142142 4 Section 15. Prohibition of flavored electronic cigarettes;
143143 5 inspections; penalties; home rule.
144144 6 (a) No person, retailer, or entity shall sell, offer for
145145 7 sale, distribute, or possess with the intent to sell or
146146 8 distribute any flavored electronic cigarette within the State
147147 9 of Illinois.
148148 10 (b) The manufacture, sale, or distribution of any
149149 11 electronic cigarette that contains an additive or synthetic
150150 12 chemical that creates a characterizing flavor, including
151151 13 menthol or any cooling or numbing sensation, is prohibited.
152152 14 (c) Licensed retailers of tobacco products and electronic
153153 15 cigarettes shall permit the Department of Public Health, local
154154 16 health departments, or any authorized designee to conduct
155155 17 unannounced inspections of any facilities, vehicles, or
156156 18 records relevant to compliance with this Act. Refusal to allow
157157 19 an inspection shall constitute a violation of this Act and may
158158 20 result in penalties as described in subsections (e) and (f) of
159159 21 this Section.
160160 22 (d) The Department of Public Health, in conjunction with
161161 23 local health departments, shall have the authority to enforce
162162 24 the provisions of this Act.
163163 25 (e) Any person or entity found to be in violation of this
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174174 1 Act shall be subject to a civil penalty of not less than $500
175175 2 for the first violation, $1,000 for the second violation
176176 3 within a 24-month period, and $2,000 for each subsequent
177177 4 violation within a 24-month period.
178178 5 (f) In addition to monetary penalties, notwithstanding any
179179 6 provision of any law, subject to the requirements of due
180180 7 process, violations of this Act may result in the suspension
181181 8 or revocation of any license or permit issued to the person or
182182 9 entity by the State of Illinois or any of its agencies.
183183 10 (g) Nothing in this Act shall preempt or otherwise
184184 11 prohibit the adoption of any local ordinance or regulation
185185 12 that imposes more restrictive requirements on the sale or
186186 13 distribution of flavored electronic cigarettes. A unit of
187187 14 local government, including a home rule unit, may not regulate
188188 15 the sale or distribution of flavored electronic cigarettes in
189189 16 a manner less restrictive than the regulation by the State of
190190 17 flavored electronic cigarettes under this Section. This
191191 18 Section is a limitation under subsection (i) of Section 6 of
192192 19 Article VII of the Illinois Constitution on the concurrent
193193 20 exercise by home rule units of powers and functions exercised
194194 21 by the State.
195195 22 (h) The Department of Public Health shall adopt rules
196196 23 implementing this Section.
197197 24 Section 20. Youth Protection and Nicotine Accountability
198198 25 Fund. The Illinois Youth Protection and Nicotine
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209209 1 Accountability Fund is created as a special fund in the State
210210 2 treasury. Revenue generated from the tax on e-cigarettes under
211211 3 Section 25 of this Act or rules adopted under Section 25 of
212212 4 this Act shall be collected by the Department of Revenue and
213213 5 deposited into the Fund. Civil penalties collected under
214214 6 Section 15 of this Act or rules adopted under Section of this
215215 7 Act shall be deposited into the Fund. Proceeds from interest
216216 8 or dividends shall be reinvested into the Fund. Moneys in the
217217 9 Fund, as directed by the Department of Public Health, may be
218218 10 used to fund public health initiatives, tobacco prevention
219219 11 programs, and youth-focused educational campaigns aimed at
220220 12 reducing nicotine consumption or for other purposes under this
221221 13 Act or rules adopted under this Act.
222222 14 Section 25. Tax on e-cigarettes.
223223 15 (a) Beginning January 1, 2026, a tax is imposed upon
224224 16 purchasers of e-cigarettes containing nicotine for the
225225 17 privilege of using e-cigarettes containing nicotine at the
226226 18 rate of $2.98 per e-cigarette. The Department of Revenue
227227 19 shall, by rule, modify this rate or establish rates based on
228228 20 quantity, volume, or other factors, if necessary, in order to
229229 21 establish equivalent rates to the taxes for cigarettes under
230230 22 the Cigarette Tax Act and the Cigarette Use Tax Act to ensure
231231 23 fairness and equity across all nicotine products. The
232232 24 procedure for the collection of the tax shall be set by rule by
233233 25 the Department of Revenue. Revenue generated from the tax
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244244 1 under this Section shall be deposited into the Illinois Youth
245245 2 Protection and Nicotine Accountability Fund.
246246 3 (b) A retailer may not intentionally misclassify an
247247 4 e-cigarette to evade taxation.
248248 5 (c) A retailer may not fail to collect and remit the tax
249249 6 under this Section or rules adopted under this Section.
250250 7 (d) The Department of Revenue shall adopt rules for the
251251 8 enforcement of the tax under this Section with respect to
252252 9 sales of e-cigarettes, including online sales. Retailers must
253253 10 collect and remit taxes on all sales made to Illinois
254254 11 residents to the Department of Revenue.
255255 12 (e) Any retailer who violates any provision of this
256256 13 Section or rules adopted under this Section shall be subject
257257 14 to a civil penalty of $10,000 per violation, and seizure of any
258258 15 products subject to the tax under this Section.
259259 16 (f) The Department of Revenue shall adopt rules
260260 17 implementing this Section.
261261 18 Section 30. Comprehensive Nicotine and Tobacco Prevention
262262 19 and Awareness Education.
263263 20 (a) The Department of Public Health shall, by rule, in
264264 21 consultation with the State Board of Education, develop
265265 22 educational curricula, Comprehensive Nicotine Tobacco
266266 23 Prevention and Awareness Education, suitable for secondary
267267 24 school students in this State. All secondary schools in the
268268 25 State of Illinois subject to the jurisdiction of the State
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279279 1 Board of Education shall, according to rule adopted by the
280280 2 Department of Public Health, provide this curricula to
281281 3 students.
282282 4 (1) This curricula shall accomplish the following
283283 5 objectives:
284284 6 (A) Educate students on the health risks
285285 7 associated with nicotine and tobacco use, with a focus
286286 8 on vaping and e-cigarettes.
287287 9 (B) Debunk common myths, such as the mistaken
288288 10 belief that vaping is a safe alternative to smoking.
289289 11 (C) Highlight the tactics used by tobacco and
290290 12 vaping companies to target youth through marketing and
291291 13 product design.
292292 14 (D) Provide actionable prevention and cessation
293293 15 strategies for students.
294294 16 (E) Develop media literacy to critically analyze
295295 17 advertisements and social media influence related to
296296 18 vaping.
297297 19 (2) This curricula may include the following topics:
298298 20 (A) Health Risks: Physical and mental health
299299 21 consequences of nicotine and tobacco use, including
300300 22 addiction, lung damage, and cardiovascular issues.
301301 23 (B) Vaping and E-Cigarettes: How vaping devices
302302 24 work, ingredients in e-liquids, and the rise of
303303 25 disposable vapes like Elf Bar.
304304 26 (C) Prevention Strategies: Peer refusal skills,
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315315 1 coping mechanisms for stress, and fostering a
316316 2 supportive, smoke-free school environment.
317317 3 (D) Youth Cessation Programs: Access to resources
318318 4 such as counseling, quit lines, and digital tools for
319319 5 quitting nicotine use.
320320 6 (E) Public Health Campaigns: Examples of
321321 7 successful anti-tobacco and anti-vaping campaigns and
322322 8 how they address youth audiences.
323323 9 (F) Media and Marketing Awareness: How tobacco and
324324 10 vape companies target youth through social media,
325325 11 flavors, and product designs.
326326 12 (G) Legal and Policy Implications: Overview of
327327 13 federal and State laws regulating nicotine and tobacco
328328 14 products, emphasizing youth protection measures.
329329 15 (b) The Department of Public Health shall launch a
330330 16 statewide campaign targeting schools and youth organizations
331331 17 to support the implementation of this Section, ensuring
332332 18 students and educators understand its importance.
333333 19 (c) The Department of Public Health may expend moneys from
334334 20 the Illinois Youth Protection and Nicotine Accountability Fund
335335 21 in carrying out the requirements of this Section. The
336336 22 Department of Public Health may seek funding from State
337337 23 appropriations, federal grants, and other available resources
338338 24 to develop, implement, maintain, and expand the Comprehensive
339339 25 Nicotine Tobacco Prevention and Awareness Education curricula
340340 26 and related requirements under this Section.
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351351 1 Section 35. Illinois Nicotine Exposure Reporting Database.
352352 2 (a) The Department of Public Health shall establish and
353353 3 maintain the Illinois Nicotine Exposure Reporting Database.
354354 4 This database will serve as the central repository for
355355 5 tracking and monitoring:
356356 6 (1) Poison Control Center Reports: The database shall
357357 7 include data from poison control centers concerning
358358 8 incidents related to e-cigarettes, vaping products, and
359359 9 other nicotine delivery devices.
360360 10 (2) Youth Hospitalizations: The database shall include
361361 11 data related to hospitalizations among youth caused by
362362 12 nicotine exposure will be collected and analyzed.
363363 13 (3) Trends in Nicotine-Related Adverse Events: The
364364 14 database shall track trends in adverse health outcomes
365365 15 directly linked to the use of nicotine products,
366366 16 including, but not limited to, cardiovascular
367367 17 complications, respiratory issues, and addiction-related
368368 18 health consequences.
369369 19 (b) All healthcare facilities, poison control centers,
370370 20 schools, and other authorized reporting entities in Illinois
371371 21 must provide necessary data and reports related to nicotine
372372 22 exposure incidents as requested by the Department of Public
373373 23 Health. The Department of Public Health shall work with local
374374 24 health departments, schools, hospitals, and other relevant
375375 25 agencies to ensure comprehensive and accurate data collection.
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386386 1 (c) The Department of Public Health shall publish annual
387387 2 updates on the findings from the database, including:
388388 3 (1) Trends in youth nicotine exposure.
389389 4 (2) Rates of hospitalizations linked to vaping.
390390 5 (3) Poison control center reports related to nicotine.
391391 6 (4) Regional and statewide statistics on
392392 7 nicotine-related adverse events.
393393 8 (5) Demographic breakdowns of affected populations.
394394 9 These updates shall be made publicly available via the
395395 10 Department of Public Health Internet website, local health
396396 11 department reports, and accessible to policymakers, schools,
397397 12 and advocacy groups.
398398 13 (d) All data collected under this Section shall adhere to
399399 14 strict confidentiality standards. The Department of Public
400400 15 Health will implement secure data handling procedures to
401401 16 ensure that individual identities are protected and that
402402 17 reports are used solely for public health analysis and policy
403403 18 development.
404404 19 (e) The Department of Public Health may expend moneys from
405405 20 the Illinois Youth Protection and Nicotine Accountability Fund
406406 21 in carrying out the requirements of this Section. The
407407 22 Department of Public Health may seek funding from State
408408 23 appropriations, federal grants, and other available resources
409409 24 to implement, maintain, and expand the Nicotine Exposure
410410 25 Reporting Database as necessary.
411411 26 (f) The Department of Public Health shall submit a report
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422422 1 to the Governor and the General Assembly within 10 years after
423423 2 the effective date of this Act reviewing the effects of this
424424 3 Section and providing any recommendations necessary. This
425425 4 Section is inoperative on and after the date that is 10 years
426426 5 after the effective date of this Act.
427427 6 Section 97. Severability. The provisions of this Act are
428428 7 severable under Section 1.31 of the Statute on Statutes.
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