CTY CD-RETAIL TOBACCO STORE

104th Regular Session Introduced by Laura Faver Dias

Permits counties to regulate location of retail tobacco stores in unincorporated areas near schools, day cares, hospitals, but prohibits ordinances that ban stores outright.

Rule 19(a) / Re-referred to Rules Committee

Summary / Purpose

HB 3695 adds a new section (55 ILCS 5/5‑12024) to the Counties Code to give counties authority to regulate where retail tobacco stores may locate in unincorporated county areas near certain “vulnerable areas” (examples listed include schools, day care centers, and hospitals). The bill is permissive — it allows counties to adopt location‑based restrictions but explicitly prohibits counties from adopting ordinances that would have the effect of completely prohibiting retail tobacco stores in unincorporated areas.

Key provisions

Adds Section 5‑12024 to the Counties Code (55 ILCS 5).

Authorizes a county to adopt ordinances regulating the location of “retail tobacco stores” in unincorporated areas near vulnerable areas (terms such as “retail tobacco store” are defined by reference to Section 10 of the Smoke Free Illinois Act).

Prohibits a county from adopting an ordinance that would have the effect of prohibiting retail tobacco stores in unincorporated areas (i.e., counties may regulate location but may not enact a de facto ban).

Who/what is affected

Counties: county boards/legislative bodies gain explicit statutory authority to enact zoning or land‑use controls governing where retail tobacco stores may operate in unincorporated areas near specified sensitive sites.

Retail tobacco store owners/operators and prospective businesses: may face location restrictions in unincorporated areas adjacent to schools, day cares, hospitals, and other vulnerable sites; however, they retain the right to operate somewhere in unincorporated areas (the bill bars outright prohibition).

Local planning and zoning officials: will implement and enforce any county ordinances adopted under this authority.

Public health and community stakeholders: could use the new zoning authority to reduce retail tobacco availability near vulnerable populations.

Procedural / timeline notes

Introduced by Rep. Laura Faver Dias (bill text lists introduction 2/18/2025; filing/processing entries show activity in February–May 2025).

Committee activity: referred to Rules Committee and subsequently to Executive and Insurance committees; public hearing on 4/30/2025; reported favorably without amendment on 5/5/2025; committee report sent to Calendars on 5/14/2025.

Current listed status: Rule 19(a) / Re‑referred to Rules Committee (per bill header).

Additional considerations

The bill is permissive (does not require counties to adopt ordinances).

The statute references the Smoke Free Illinois Act for the definition of “retail tobacco store,” so the scope depends on that definition.

The text does not specify an effective date, enforcement mechanisms, or penalties — local ordinances adopted under this authority would supply implementation details. Possible legal questions could arise over what constitutes an ordinance that “has the effect of prohibiting” retail tobacco stores.

Bill