Tobacco age remains in each suburb's hands as under-21 ban across state fails

SPRINGFIELD - Illinois lawmakers failed Wednesday to reverse Gov. Bruce Rauner's veto of a bill that would ban the sale of tobacco statewide to those younger than 21.

The House voted 62-45 to overturn the "Tobacco 21" veto, but a three-fifths majority of 71 votes was needed to make the measure law. The legislation would have set a minimum age of 21 to buy cigarettes, cigars, chewing tobacco and nicotine-based products such as e-cigarettes and vaping materials.

Rep. Camille Lilly, who sponsored the proposal, said it would "help prevent young people from beginning a lifetime tobacco addiction."

"Tobacco 21 protects children, reduces smoking rates, saves billions in health care costs and saves lives," the Chicago Democrat said.

But opponents argued that 18-year-olds may vote and serve in the military, so they should be able to decide whether to smoke. Critics also took aim at the lack of penalties in the bill.

And Rauner saw a danger to businesses in Illinois.

"Raising the age people can purchase tobacco products will push residents to buy tobacco products from nonlicensed vendors or in neighboring states," Rauner said when he vetoed the measure over the summer. "Since no neighboring state has raised the age for purchasing tobacco products, local businesses and the state will see decreased revenue while public health impacts continue."

The Department of Revenue estimated the bill would cut the state's cigarette tax receipts by $40 million a year and sales taxes by $6 million to $8 million, the Springfield-based State Journal-Register reported.

The American Cancer Society Cancer Action Network issued a statement Wednesday saying it was "deeply disheartened" by the vote, the Journal-Register reported.

"For too long the tobacco industry has uniquely targeted young people with the goal of replacing current customers who are dying from their products," said Shana Crews, government relations director for the organization. "With a Tobacco 21 law, Illinois could have kept kids in our state from becoming addicted before they have a chance to grow up."

American Lung Association figures show 95 percent of long-term smokers begin the habit before turning 21.

Lilly and the American Cancer Society organization both said they will work on new legislation to be introduced next year to try again to raise the tobacco age, the Journal-Register reported.

This year's bill also would have eliminated penalties for teens caught in possession of tobacco, something Rep. Peter Breen, a Lombard Republican, said would have the unintended effect of encouraging teens to use tobacco, the Journal-Register reported. He also noted that local governments have the ability to raise the age for buying tobacco within their boundaries.

Indeed, Hoffman Estates raised the minimum age to 21 this month, joining Aurora, Barrington, Buffalo Grove, Elk Grove Village, Gurnee, Lincolnshire, Mundelein, Naperville and Vernon Hills among the suburbs to do so, as well as Chicago itself. Lake County also increased the age in unincorporated areas, while Elgin, Lake Zurich and Wauconda are considering it.

Six states have made 21 the age to buy tobacco, the Journal-Register reported.

Immigration measure

Also Wednesday, the House did succeed in overriding a veto of legislation that sets a 90-day deadline for local police officials to take action on paperwork for immigrant crime victims to apply for visas to stay in the country.

Rauner had said the measure was too burdensome on local agencies. The state Senate voted to override earlier this month, and the House followed suit Wednesday in a 73-34 vote, putting the law in place.

Federal law allows immigrants who are victims of serious crimes to apply for visas. They must cooperate with police investigations, and police must sign paperwork verifying their help.

A veto override vote on a measure that proposed regulations for online car rental programs is on hold. It would subject so-called peer-to-peer rental cars to safety rules and tax collection required for rental car companies.

House Deputy Majority Leader Arthur Turner of Chicago, who sponsored the measure, hopes he can negotiate a deal and present new legislation in January.

The fall legislative session ends today.