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

 


 
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5807

 

Introduced , by Rep. Travis Weaver

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 190/Act rep.
55 ILCS 5/5-1009  from Ch. 34, par. 5-1009
65 ILCS 5/8-11-6a  from Ch. 24, par. 8-11-6a

    Repeals the Targeted Advertising Services Tax Act. Amends the Counties Code and the Illinois Municipal Code to make conforming changes. Effective immediately.


LRB104 22392 HLH 38835 b

 

 

A BILL FOR

 

HB5807LRB104 22392 HLH 38835 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (35 ILCS 190/Act rep.)
5    Section 5. The Targeted Advertising Services Tax Act is
6repealed.
 
7    Section 10. The Counties Code is amended by changing
8Section 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
11provided in Sections 5-1006, 5-1006.5, 5-1006.8, 5-1006.9,
125-1007, and 5-1008, on and after September 1, 1990, no home
13rule county has the authority to impose, pursuant to its home
14rule authority, a retailers' occupation tax, service
15occupation tax, use tax, sales tax, or other tax on the use,
16sale, or purchase of tangible personal property based on the
17gross receipts from such sales or the selling or purchase
18price of said tangible personal property. Notwithstanding the
19foregoing, this Section does not preempt any home rule imposed
20tax such as the following: (1) a tax on alcoholic beverages,
21whether based on gross receipts, volume sold, or any other
22measurement; (2) a tax based on the number of units of

 

 

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1cigarettes or tobacco products; (3) a tax, however measured,
2based 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
4property; (5) a tax, however measured, on lease receipts; (6)
5a tax on food prepared for immediate consumption and on
6alcoholic beverages sold by a business which provides for on
7premise consumption of said food or alcoholic beverages; or
8(7) other taxes not based on the selling or purchase price or
9gross receipts from the use, sale, or purchase of tangible
10personal property. This Section does not preempt a home rule
11county from imposing a tax, however measured, on the use, for
12consideration, of a parking lot, garage, or other parking
13facility.
14    On and after December 1, 2019, no home rule county has the
15authority to impose, pursuant to its home rule authority, a
16tax, however measured, on sales of aviation fuel, as defined
17in Section 3 of the Retailers' Occupation Tax Act, unless the
18tax revenue is expended for airport-related purposes. For
19purposes of this Section, "airport-related purposes" has the
20meaning ascribed in Section 6z-20.2 of the State Finance Act.
21Aviation fuel shall be excluded from tax only for so long as
22the revenue use requirements of 49 U.S.C. 47017(b) and 49
23U.S.C. 47133 are binding on the county.
24    On and after the effective date of this amendatory Act of
25the 104th General Assembly, no home rule county has the
26authority to impose, pursuant to its home rule authority, a

 

 

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1tax, however measured, on sales of targeted advertising
2services, as defined in Section 1-10 of the Targeted
3Advertising Services Tax Act, an occupation tax, use tax,
4sales tax, or other tax on the use, sale, or purchase of
5targeted advertising services based on the gross receipts from
6such sales or the selling or purchase price of said targeted
7advertising services.    
8    This Section is a limitation, pursuant to subsection (g)
9of Section 6 of Article VII of the Illinois Constitution, on
10the power of home rule units to tax. The changes made to this
11Section by Public Act 101-10 are a denial and limitation of
12home rule powers and functions under subsection (g) of Section
136 of Article VII of the Illinois Constitution.
14(Source: P.A. 103-781, eff. 8-5-24; 104-417, eff. 8-15-25;
15104-468, eff. 6-16-26.)
 
16    Section 15. The Illinois Municipal Code is amended by
17changing 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
20certain taxes. Except as provided in Sections 8-11-1, 8-11-5,
218-11-6, 8-11-6b, 8-11-6c, 8-11-23, 8-11-24, and 11-74.3-6 on
22and after September 1, 1990, no home rule municipality has the
23authority to impose, pursuant to its home rule authority, a
24retailer's occupation tax, service occupation tax, use tax,

 

 

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1sales tax or other tax on the use, sale or purchase of tangible
2personal property based on the gross receipts from such sales
3or the selling or purchase price of said tangible personal
4property. Notwithstanding the foregoing, this Section does not
5preempt any home rule imposed tax such as the following: (1) a
6tax on alcoholic beverages, whether based on gross receipts,
7volume sold or any other measurement; (2) a tax based on the
8number of units of cigarettes or tobacco products (provided,
9however, that a home rule municipality that has not imposed a
10tax based on the number of units of cigarettes or tobacco
11products before July 1, 1993, shall not impose such a tax after
12that date); (3) a tax, however measured, based on the use of a
13hotel or motel room or similar facility; (4) a tax, however
14measured, on the sale or transfer of real property; (5) a tax,
15however measured, on lease receipts; (6) a tax on food
16prepared for immediate consumption and on alcoholic beverages
17sold by a business which provides for on premise consumption
18of said food or alcoholic beverages; or (7) other taxes not
19based on the selling or purchase price or gross receipts from
20the use, sale or purchase of tangible personal property. This
21Section does not preempt a home rule municipality with a
22population of more than 2,000,000 from imposing a tax, however
23measured, on the use, for consideration, of a parking lot,
24garage, or other parking facility. This Section is not
25intended to affect any existing tax on food and beverages
26prepared for immediate consumption on the premises where the

 

 

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1sale occurs, or any existing tax on alcoholic beverages, or
2any existing tax imposed on the charge for renting a hotel or
3motel room, which was in effect January 15, 1988, or any
4extension of the effective date of such an existing tax by
5ordinance of the municipality imposing the tax, which
6extension is hereby authorized, in any non-home rule
7municipality in which the imposition of such a tax has been
8upheld by judicial determination, nor is this Section intended
9to preempt the authority granted by Public Act 85-1006. On and
10after December 1, 2019, no home rule municipality has the
11authority to impose, pursuant to its home rule authority, a
12tax, however measured, on sales of aviation fuel, as defined
13in Section 3 of the Retailers' Occupation Tax Act, unless the
14tax is not subject to the revenue use requirements of 49 U.S.C.
1547107(b) and 49 U.S.C. 47133, or unless the tax revenue is
16expended for airport-related purposes. For purposes of this
17Section, "airport-related purposes" has the meaning ascribed
18in Section 6z-20.2 of the State Finance Act. Aviation fuel
19shall be excluded from tax only if, and for so long as, the
20revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
2147133 are binding on the municipality. On and after the
22effective date of this amendatory Act of the 104th General
23Assembly, no home rule municipality has the authority to
24impose, pursuant to its home rule authority, a tax, however
25measured, on sales of targeted advertising services, as
26defined in Section 1-10 of the Targeted Advertising Services

 

 

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1Tax Act, an occupation tax, use tax, sales tax, or other tax on
2the use, sale, or purchase of targeted advertising services
3based on the gross receipts from such sales or the selling or
4purchase price of said targeted advertising services. This
5Section is a limitation, pursuant to subsection (g) of Section
66 of Article VII of the Illinois Constitution, on the power of
7home rule units to tax. The changes made to this Section by
8Public Act 101-10 are a denial and limitation of home rule
9powers and functions under subsection (g) of Section 6 of
10Article 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
13becoming law.
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