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HB 3191

Relating to support of cultural organizations.

2025 Regular Session Introduced by Tom Andersen and 16 co-sponsors

Bans flavored e‑ cigarettes and imposes equal tax rates to cigarettes to curb youth nicotine use and funds public health education and a reporting database.

In committee upon adjournment.
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Bill Summary · HB 3191

HB 3191 — Youth Protection and Nicotine Accountability Act (Introduced)

Status: Rule 19(a) / Re‑referred to Rules Committee
Introduced: February 18–21, 2025 (Rep. Camille Y. Lilly)
Most recent actions: Reported favorably as substituted in committee; placed on General State Calendar (May 15, 2025).

Purpose (per bill)

The bill seeks to reduce youth nicotine use by:
- Banning flavored electronic cigarettes (e‑cigs),
- Establishing tax parity between e‑cigs and combustible cigarettes,
- Creating a centralized nicotine exposure reporting system,
- Funding public‑health education and enforcement activities.

The bill cites youth usage data (examples included): Elf Bar was the most‑reported brand among youth (36.1%); over 80% of youth e‑cig users report using flavored products; disposables account for 55.6% of youth device use; reports of >7,000 vaping‑related poison exposures (Apr 2022–Mar 2023), nearly 90% involving children <5 years.

Key provisions

  • Flavored e‑cigarette ban

    • Prohibits sale, offer for sale, distribution, manufacture or possession with intent to distribute of any "flavored electronic cigarette" — defined broadly to include any characterizing flavor other than tobacco (examples: menthol, mint, fruit, candy, dessert, “ice/iced,” cooling/numbing agents, etc.).
    • Specifically bans additives or synthetic chemicals that impart menthol, a cooling or numbing sensation, or other non‑tobacco flavors.

  • Definitions

    • "Youth" = individuals under 21 residing in Illinois.
    • "Characterizing flavor" and "Electronic cigarette" defined consistent with Tobacco Products Tax Act references.

  • Inspections and enforcement

    • Licensed retailers must permit unannounced inspections by the Department of Public Health (DPH), local health departments, or authorized designees and must produce records relevant to compliance.
    • DPH, with local health departments, is given enforcement authority and must adopt implementing rules.

  • Penalties and licensing

    • Civil penalties: minimum $500 (1st violation), $1,000 (2nd within 24 months), $2,000 (each subsequent within 24 months).
    • In addition to fines, subject to due process, licenses or permits issued by the State may be suspended or revoked for violations.

  • Home rule / local regulation

    • Local governments may adopt more restrictive regulations but may not enact rules less restrictive than the State prohibition. The bill expressly limits certain home rule powers to prevent local laws from weakening the statewide standard.

  • Taxation and fund creation

    • Requires equal taxation of nicotine‑containing e‑cigarettes at a rate equivalent to combustible cigarettes to close existing tax disparities (Department of Revenue to enforce and promulgate rules; penalties provided).
    • Creates the Youth Protection and Nicotine Accountability Fund as a special State treasury fund to support implementation (bill text truncated for full fund details).

  • Public health programs and data

    • DPH directed to develop educational curricula and a statewide campaign (subject to appropriation).
    • DPH to establish and maintain an Illinois Nicotine Exposure Reporting Database to collect and analyze nicotine exposure incidents; DPH must submit a report about the Database within 10 years. After 10 years the Database provisions become inoperative.

  • Effective dates

    • Effective immediately, except certain provisions take effect 6 months after enactment (bill indicates staggered timing).

Who is affected

  • Retailers, manufacturers, distributors, and other entities in the e‑cig supply chain in Illinois.
  • Youth under 21 (the bill’s protective focus).
  • Local governments (limits on less‑restrictive local laws; may adopt stricter rules).
  • State agencies (DPH and Department of Revenue) — new enforcement, rulemaking, database, and program responsibilities.

Procedural status and next steps

  • Introduced Feb 2025; assigned to committees; reported favorably as substituted; placed on the House General State Calendar (May 15, 2025). Currently subject to Rules Committee actions per Rule 19(a).

Potential impacts and considerations

  • Public‑health: aims to reduce flavored product appeal and youth initiation; funds education and surveillance.
  • Fiscal: increased tax parity could raise revenues deposited into the new fund; implementation and enforcement costs for DPH and DOR.
  • Compliance/market: retailers and manufacturers would need to reformulate or stop sale of flavored products; potential for cross‑border sales or illicit markets.
  • Legal/policy: limits on home rule may prompt local/state legal questions; industry litigation challenges are possible.

For full statutory text and specific fund allocation or tax rate mechanics, consult the bill language as filed and subsequent committee substitutes.

Compiled from official sources — confirm details with the bill’s official record.

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