Bill Text: IL HB5807 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Repeals the Targeted Advertising Services Tax Act. Amends the Counties Code and the Illinois Municipal Code to make conforming changes. Effective immediately.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2026-08-05 - Filed with the Clerk by Rep. Travis Weaver [HB5807 Detail]
Download: Illinois-2025-HB5807-Introduced.html
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| 1 | AN ACT concerning revenue. | |||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||
| 4 | (35 ILCS 190/Act rep.) | |||||||||||||||||||||||
| 5 | Section 5. The Targeted Advertising Services Tax Act is | |||||||||||||||||||||||
| 6 | repealed. | |||||||||||||||||||||||
| 7 | Section 10. The Counties Code is amended by changing | |||||||||||||||||||||||
| 8 | Section 5-1009 as follows: | |||||||||||||||||||||||
| 9 | (55 ILCS 5/5-1009) (from Ch. 34, par. 5-1009) | |||||||||||||||||||||||
| 10 | Sec. 5-1009. Limitation on home rule powers. Except as | |||||||||||||||||||||||
| 11 | provided in Sections 5-1006, 5-1006.5, 5-1006.8, 5-1006.9, | |||||||||||||||||||||||
| 12 | 5-1007, and 5-1008, on and after September 1, 1990, no home | |||||||||||||||||||||||
| 13 | rule county has the authority to impose, pursuant to its home | |||||||||||||||||||||||
| 14 | rule authority, a retailers' occupation tax, service | |||||||||||||||||||||||
| 15 | occupation tax, use tax, sales tax, or other tax on the use, | |||||||||||||||||||||||
| 16 | sale, or purchase of tangible personal property based on the | |||||||||||||||||||||||
| 17 | gross receipts from such sales or the selling or purchase | |||||||||||||||||||||||
| 18 | price of said tangible personal property. Notwithstanding the | |||||||||||||||||||||||
| 19 | foregoing, this Section does not preempt any home rule imposed | |||||||||||||||||||||||
| 20 | tax such as the following: (1) a tax on alcoholic beverages, | |||||||||||||||||||||||
| 21 | whether based on gross receipts, volume sold, or any other | |||||||||||||||||||||||
| 22 | measurement; (2) a tax based on the number of units of | |||||||||||||||||||||||
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| 1 | cigarettes or tobacco products; (3) a tax, however measured, | ||||||
| 2 | based on the use of a hotel or motel room or similar facility; | ||||||
| 3 | (4) a tax, however measured, on the sale or transfer of real | ||||||
| 4 | property; (5) a tax, however measured, on lease receipts; (6) | ||||||
| 5 | a tax on food prepared for immediate consumption and on | ||||||
| 6 | alcoholic beverages sold by a business which provides for on | ||||||
| 7 | premise consumption of said food or alcoholic beverages; or | ||||||
| 8 | (7) other taxes not based on the selling or purchase price or | ||||||
| 9 | gross receipts from the use, sale, or purchase of tangible | ||||||
| 10 | personal property. This Section does not preempt a home rule | ||||||
| 11 | county from imposing a tax, however measured, on the use, for | ||||||
| 12 | consideration, of a parking lot, garage, or other parking | ||||||
| 13 | facility. | ||||||
| 14 | On and after December 1, 2019, no home rule county has the | ||||||
| 15 | authority to impose, pursuant to its home rule authority, a | ||||||
| 16 | tax, however measured, on sales of aviation fuel, as defined | ||||||
| 17 | in Section 3 of the Retailers' Occupation Tax Act, unless the | ||||||
| 18 | tax revenue is expended for airport-related purposes. For | ||||||
| 19 | purposes of this Section, "airport-related purposes" has the | ||||||
| 20 | meaning ascribed in Section 6z-20.2 of the State Finance Act. | ||||||
| 21 | Aviation fuel shall be excluded from tax only for so long as | ||||||
| 22 | the revenue use requirements of 49 U.S.C. 47017(b) and 49 | ||||||
| 23 | U.S.C. 47133 are binding on the county. | ||||||
| 24 | On and after the effective date of this amendatory Act of | ||||||
| 25 | the 104th General Assembly, no home rule county has the | ||||||
| 26 | authority to impose, pursuant to its home rule authority, a | ||||||
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| 1 | tax, however measured, on sales of targeted advertising | ||||||
| 2 | services, as defined in Section 1-10 of the Targeted | ||||||
| 3 | Advertising Services Tax Act, an occupation tax, use tax, | ||||||
| 4 | sales tax, or other tax on the use, sale, or purchase of | ||||||
| 5 | targeted advertising services based on the gross receipts from | ||||||
| 6 | such sales or the selling or purchase price of said targeted | ||||||
| 7 | advertising services. | ||||||
| 8 | This Section is a limitation, pursuant to subsection (g) | ||||||
| 9 | of Section 6 of Article VII of the Illinois Constitution, on | ||||||
| 10 | the power of home rule units to tax. The changes made to this | ||||||
| 11 | Section by Public Act 101-10 are a denial and limitation of | ||||||
| 12 | home rule powers and functions under subsection (g) of Section | ||||||
| 13 | 6 of Article VII of the Illinois Constitution. | ||||||
| 14 | (Source: P.A. 103-781, eff. 8-5-24; 104-417, eff. 8-15-25; | ||||||
| 15 | 104-468, eff. 6-16-26.) | ||||||
| 16 | Section 15. The Illinois Municipal Code is amended by | ||||||
| 17 | changing Section 8-11-6a as follows: | ||||||
| 18 | (65 ILCS 5/8-11-6a) (from Ch. 24, par. 8-11-6a) | ||||||
| 19 | Sec. 8-11-6a. Home rule municipalities; preemption of | ||||||
| 20 | certain taxes. Except as provided in Sections 8-11-1, 8-11-5, | ||||||
| 21 | 8-11-6, 8-11-6b, 8-11-6c, 8-11-23, 8-11-24, and 11-74.3-6 on | ||||||
| 22 | and after September 1, 1990, no home rule municipality has the | ||||||
| 23 | authority to impose, pursuant to its home rule authority, a | ||||||
| 24 | retailer's occupation tax, service occupation tax, use tax, | ||||||
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| 1 | sales tax or other tax on the use, sale or purchase of tangible | ||||||
| 2 | personal property based on the gross receipts from such sales | ||||||
| 3 | or the selling or purchase price of said tangible personal | ||||||
| 4 | property. Notwithstanding the foregoing, this Section does not | ||||||
| 5 | preempt any home rule imposed tax such as the following: (1) a | ||||||
| 6 | tax on alcoholic beverages, whether based on gross receipts, | ||||||
| 7 | volume sold or any other measurement; (2) a tax based on the | ||||||
| 8 | number of units of cigarettes or tobacco products (provided, | ||||||
| 9 | however, that a home rule municipality that has not imposed a | ||||||
| 10 | tax based on the number of units of cigarettes or tobacco | ||||||
| 11 | products before July 1, 1993, shall not impose such a tax after | ||||||
| 12 | that date); (3) a tax, however measured, based on the use of a | ||||||
| 13 | hotel or motel room or similar facility; (4) a tax, however | ||||||
| 14 | measured, on the sale or transfer of real property; (5) a tax, | ||||||
| 15 | however measured, on lease receipts; (6) a tax on food | ||||||
| 16 | prepared for immediate consumption and on alcoholic beverages | ||||||
| 17 | sold by a business which provides for on premise consumption | ||||||
| 18 | of said food or alcoholic beverages; or (7) other taxes not | ||||||
| 19 | based on the selling or purchase price or gross receipts from | ||||||
| 20 | the use, sale or purchase of tangible personal property. This | ||||||
| 21 | Section does not preempt a home rule municipality with a | ||||||
| 22 | population of more than 2,000,000 from imposing a tax, however | ||||||
| 23 | measured, on the use, for consideration, of a parking lot, | ||||||
| 24 | garage, or other parking facility. This Section is not | ||||||
| 25 | intended to affect any existing tax on food and beverages | ||||||
| 26 | prepared for immediate consumption on the premises where the | ||||||
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| 1 | sale occurs, or any existing tax on alcoholic beverages, or | ||||||
| 2 | any existing tax imposed on the charge for renting a hotel or | ||||||
| 3 | motel room, which was in effect January 15, 1988, or any | ||||||
| 4 | extension of the effective date of such an existing tax by | ||||||
| 5 | ordinance of the municipality imposing the tax, which | ||||||
| 6 | extension is hereby authorized, in any non-home rule | ||||||
| 7 | municipality in which the imposition of such a tax has been | ||||||
| 8 | upheld by judicial determination, nor is this Section intended | ||||||
| 9 | to preempt the authority granted by Public Act 85-1006. On and | ||||||
| 10 | after December 1, 2019, no home rule municipality has the | ||||||
| 11 | authority to impose, pursuant to its home rule authority, a | ||||||
| 12 | tax, however measured, on sales of aviation fuel, as defined | ||||||
| 13 | in Section 3 of the Retailers' Occupation Tax Act, unless the | ||||||
| 14 | tax is not subject to the revenue use requirements of 49 U.S.C. | ||||||
| 15 | 47107(b) and 49 U.S.C. 47133, or unless the tax revenue is | ||||||
| 16 | expended for airport-related purposes. For purposes of this | ||||||
| 17 | Section, "airport-related purposes" has the meaning ascribed | ||||||
| 18 | in Section 6z-20.2 of the State Finance Act. Aviation fuel | ||||||
| 19 | shall be excluded from tax only if, and for so long as, the | ||||||
| 20 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
| 21 | 47133 are binding on the municipality. On and after the | ||||||
| 22 | effective date of this amendatory Act of the 104th General | ||||||
| 23 | Assembly, no home rule municipality has the authority to | ||||||
| 24 | impose, pursuant to its home rule authority, a tax, however | ||||||
| 25 | measured, on sales of targeted advertising services, as | ||||||
| 26 | defined in Section 1-10 of the Targeted Advertising Services | ||||||
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| |||||||
| 1 | Tax Act, an occupation tax, use tax, sales tax, or other tax on | ||||||
| 2 | the use, sale, or purchase of targeted advertising services | ||||||
| 3 | based on the gross receipts from such sales or the selling or | ||||||
| 4 | purchase price of said targeted advertising services. This | ||||||
| 5 | Section is a limitation, pursuant to subsection (g) of Section | ||||||
| 6 | 6 of Article VII of the Illinois Constitution, on the power of | ||||||
| 7 | home rule units to tax. The changes made to this Section by | ||||||
| 8 | Public Act 101-10 are a denial and limitation of home rule | ||||||
| 9 | powers and functions under subsection (g) of Section 6 of | ||||||
| 10 | Article VII of the Illinois Constitution. | ||||||
| 11 | (Source: P.A. 103-781, eff. 8-5-24; 104-468, eff. 6-16-26.) | ||||||
| 12 | Section 99. Effective date. This Act takes effect upon | ||||||
| 13 | becoming law. | ||||||
