Illinois 2023-2024 Regular Session

Illinois House Bill HB3473 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3473 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 35 ILCS 5/704A Amends the Illinois Income Tax Act. Provides that a credit against withholding taxes in an amount equal to the amount withheld with respect to wages paid by a private employer while the employee is on organ donation leave may not exceed $20,833.33 (rather than $1,000) for each employee who takes organ donation leave. Defines "Department" for these purposes to mean the Department of Revenue. Effective immediately. LRB103 30991 HLH 57594 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3473 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 35 ILCS 5/704A 35 ILCS 5/704A Amends the Illinois Income Tax Act. Provides that a credit against withholding taxes in an amount equal to the amount withheld with respect to wages paid by a private employer while the employee is on organ donation leave may not exceed $20,833.33 (rather than $1,000) for each employee who takes organ donation leave. Defines "Department" for these purposes to mean the Department of Revenue. Effective immediately. LRB103 30991 HLH 57594 b LRB103 30991 HLH 57594 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3473 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
33 35 ILCS 5/704A 35 ILCS 5/704A
44 35 ILCS 5/704A
55 Amends the Illinois Income Tax Act. Provides that a credit against withholding taxes in an amount equal to the amount withheld with respect to wages paid by a private employer while the employee is on organ donation leave may not exceed $20,833.33 (rather than $1,000) for each employee who takes organ donation leave. Defines "Department" for these purposes to mean the Department of Revenue. Effective immediately.
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1111 1 AN ACT concerning revenue.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Income Tax Act is amended by
1515 5 changing Section 704A as follows:
1616 6 (35 ILCS 5/704A)
1717 7 Sec. 704A. Employer's return and payment of tax withheld.
1818 8 (a) In general, every employer who deducts and withholds
1919 9 or is required to deduct and withhold tax under this Act on or
2020 10 after January 1, 2008 shall make those payments and returns as
2121 11 provided in this Section.
2222 12 (b) Returns. Every employer shall, in the form and manner
2323 13 required by the Department, make returns with respect to taxes
2424 14 withheld or required to be withheld under this Article 7 for
2525 15 each quarter beginning on or after January 1, 2008, on or
2626 16 before the last day of the first month following the close of
2727 17 that quarter.
2828 18 (c) Payments. With respect to amounts withheld or required
2929 19 to be withheld on or after January 1, 2008:
3030 20 (1) Semi-weekly payments. For each calendar year, each
3131 21 employer who withheld or was required to withhold more
3232 22 than $12,000 during the one-year period ending on June 30
3333 23 of the immediately preceding calendar year, payment must
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3473 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
3838 35 ILCS 5/704A 35 ILCS 5/704A
3939 35 ILCS 5/704A
4040 Amends the Illinois Income Tax Act. Provides that a credit against withholding taxes in an amount equal to the amount withheld with respect to wages paid by a private employer while the employee is on organ donation leave may not exceed $20,833.33 (rather than $1,000) for each employee who takes organ donation leave. Defines "Department" for these purposes to mean the Department of Revenue. Effective immediately.
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6868 1 be made:
6969 2 (A) on or before each Friday of the calendar year,
7070 3 for taxes withheld or required to be withheld on the
7171 4 immediately preceding Saturday, Sunday, Monday, or
7272 5 Tuesday;
7373 6 (B) on or before each Wednesday of the calendar
7474 7 year, for taxes withheld or required to be withheld on
7575 8 the immediately preceding Wednesday, Thursday, or
7676 9 Friday.
7777 10 Beginning with calendar year 2011, payments made under
7878 11 this paragraph (1) of subsection (c) must be made by
7979 12 electronic funds transfer.
8080 13 (2) Semi-weekly payments. Any employer who withholds
8181 14 or is required to withhold more than $12,000 in any
8282 15 quarter of a calendar year is required to make payments on
8383 16 the dates set forth under item (1) of this subsection (c)
8484 17 for each remaining quarter of that calendar year and for
8585 18 the subsequent calendar year.
8686 19 (3) Monthly payments. Each employer, other than an
8787 20 employer described in items (1) or (2) of this subsection,
8888 21 shall pay to the Department, on or before the 15th day of
8989 22 each month the taxes withheld or required to be withheld
9090 23 during the immediately preceding month.
9191 24 (4) Payments with returns. Each employer shall pay to
9292 25 the Department, on or before the due date for each return
9393 26 required to be filed under this Section, any tax withheld
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104104 1 or required to be withheld during the period for which the
105105 2 return is due and not previously paid to the Department.
106106 3 (d) Regulatory authority. The Department may, by rule:
107107 4 (1) Permit employers, in lieu of the requirements of
108108 5 subsections (b) and (c), to file annual returns due on or
109109 6 before January 31 of the year for taxes withheld or
110110 7 required to be withheld during the previous calendar year
111111 8 and, if the aggregate amounts required to be withheld by
112112 9 the employer under this Article 7 (other than amounts
113113 10 required to be withheld under Section 709.5) do not exceed
114114 11 $1,000 for the previous calendar year, to pay the taxes
115115 12 required to be shown on each such return no later than the
116116 13 due date for such return.
117117 14 (2) Provide that any payment required to be made under
118118 15 subsection (c)(1) or (c)(2) is deemed to be timely to the
119119 16 extent paid by electronic funds transfer on or before the
120120 17 due date for deposit of federal income taxes withheld
121121 18 from, or federal employment taxes due with respect to, the
122122 19 wages from which the Illinois taxes were withheld.
123123 20 (3) Designate one or more depositories to which
124124 21 payment of taxes required to be withheld under this
125125 22 Article 7 must be paid by some or all employers.
126126 23 (4) Increase the threshold dollar amounts at which
127127 24 employers are required to make semi-weekly payments under
128128 25 subsection (c)(1) or (c)(2).
129129 26 (e) Annual return and payment. Every employer who deducts
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140140 1 and withholds or is required to deduct and withhold tax from a
141141 2 person engaged in domestic service employment, as that term is
142142 3 defined in Section 3510 of the Internal Revenue Code, may
143143 4 comply with the requirements of this Section with respect to
144144 5 such employees by filing an annual return and paying the taxes
145145 6 required to be deducted and withheld on or before the 15th day
146146 7 of the fourth month following the close of the employer's
147147 8 taxable year. The Department may allow the employer's return
148148 9 to be submitted with the employer's individual income tax
149149 10 return or to be submitted with a return due from the employer
150150 11 under Section 1400.2 of the Unemployment Insurance Act.
151151 12 (f) Magnetic media and electronic filing. With respect to
152152 13 taxes withheld in calendar years prior to 2017, any W-2 Form
153153 14 that, under the Internal Revenue Code and regulations
154154 15 promulgated thereunder, is required to be submitted to the
155155 16 Internal Revenue Service on magnetic media or electronically
156156 17 must also be submitted to the Department on magnetic media or
157157 18 electronically for Illinois purposes, if required by the
158158 19 Department.
159159 20 With respect to taxes withheld in 2017 and subsequent
160160 21 calendar years, the Department may, by rule, require that any
161161 22 return (including any amended return) under this Section and
162162 23 any W-2 Form that is required to be submitted to the Department
163163 24 must be submitted on magnetic media or electronically.
164164 25 The due date for submitting W-2 Forms shall be as
165165 26 prescribed by the Department by rule.
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176176 1 (g) For amounts deducted or withheld after December 31,
177177 2 2009, a taxpayer who makes an election under subsection (f) of
178178 3 Section 5-15 of the Economic Development for a Growing Economy
179179 4 Tax Credit Act for a taxable year shall be allowed a credit
180180 5 against payments due under this Section for amounts withheld
181181 6 during the first calendar year beginning after the end of that
182182 7 taxable year equal to the amount of the credit for the
183183 8 incremental income tax attributable to full-time employees of
184184 9 the taxpayer awarded to the taxpayer by the Department of
185185 10 Commerce and Economic Opportunity under the Economic
186186 11 Development for a Growing Economy Tax Credit Act for the
187187 12 taxable year and credits not previously claimed and allowed to
188188 13 be carried forward under Section 211(4) of this Act as
189189 14 provided in subsection (f) of Section 5-15 of the Economic
190190 15 Development for a Growing Economy Tax Credit Act. The credit
191191 16 or credits may not reduce the taxpayer's obligation for any
192192 17 payment due under this Section to less than zero. If the amount
193193 18 of the credit or credits exceeds the total payments due under
194194 19 this Section with respect to amounts withheld during the
195195 20 calendar year, the excess may be carried forward and applied
196196 21 against the taxpayer's liability under this Section in the
197197 22 succeeding calendar years as allowed to be carried forward
198198 23 under paragraph (4) of Section 211 of this Act. The credit or
199199 24 credits shall be applied to the earliest year for which there
200200 25 is a tax liability. If there are credits from more than one
201201 26 taxable year that are available to offset a liability, the
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212212 1 earlier credit shall be applied first. Each employer who
213213 2 deducts and withholds or is required to deduct and withhold
214214 3 tax under this Act and who retains income tax withholdings
215215 4 under subsection (f) of Section 5-15 of the Economic
216216 5 Development for a Growing Economy Tax Credit Act must make a
217217 6 return with respect to such taxes and retained amounts in the
218218 7 form and manner that the Department, by rule, requires and pay
219219 8 to the Department or to a depositary designated by the
220220 9 Department those withheld taxes not retained by the taxpayer.
221221 10 For purposes of this subsection (g), the term taxpayer shall
222222 11 include taxpayer and members of the taxpayer's unitary
223223 12 business group as defined under paragraph (27) of subsection
224224 13 (a) of Section 1501 of this Act. This Section is exempt from
225225 14 the provisions of Section 250 of this Act. No credit awarded
226226 15 under the Economic Development for a Growing Economy Tax
227227 16 Credit Act for agreements entered into on or after January 1,
228228 17 2015 may be credited against payments due under this Section.
229229 18 (g-1) For amounts deducted or withheld after December 31,
230230 19 2024, a taxpayer who makes an election under the Reimagining
231231 20 Electric Vehicles in Illinois Act shall be allowed a credit
232232 21 against payments due under this Section for amounts withheld
233233 22 during the first quarterly reporting period beginning after
234234 23 the certificate is issued equal to the portion of the REV
235235 24 Illinois Credit attributable to the incremental income tax
236236 25 attributable to new employees and retained employees as
237237 26 certified by the Department of Commerce and Economic
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248248 1 Opportunity pursuant to an agreement with the taxpayer under
249249 2 the Reimagining Electric Vehicles in Illinois Act for the
250250 3 taxable year. The credit or credits may not reduce the
251251 4 taxpayer's obligation for any payment due under this Section
252252 5 to less than zero. If the amount of the credit or credits
253253 6 exceeds the total payments due under this Section with respect
254254 7 to amounts withheld during the quarterly reporting period, the
255255 8 excess may be carried forward and applied against the
256256 9 taxpayer's liability under this Section in the succeeding
257257 10 quarterly reporting period as allowed to be carried forward
258258 11 under paragraph (4) of Section 211 of this Act. The credit or
259259 12 credits shall be applied to the earliest quarterly reporting
260260 13 period for which there is a tax liability. If there are credits
261261 14 from more than one quarterly reporting period that are
262262 15 available to offset a liability, the earlier credit shall be
263263 16 applied first. Each employer who deducts and withholds or is
264264 17 required to deduct and withhold tax under this Act and who
265265 18 retains income tax withholdings this subsection must make a
266266 19 return with respect to such taxes and retained amounts in the
267267 20 form and manner that the Department, by rule, requires and pay
268268 21 to the Department or to a depositary designated by the
269269 22 Department those withheld taxes not retained by the taxpayer.
270270 23 For purposes of this subsection (g-1), the term taxpayer shall
271271 24 include taxpayer and members of the taxpayer's unitary
272272 25 business group as defined under paragraph (27) of subsection
273273 26 (a) of Section 1501 of this Act. This Section is exempt from
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284284 1 the provisions of Section 250 of this Act.
285285 2 (g-2) For amounts deducted or withheld after December 31,
286286 3 2024, a taxpayer who makes an election under the Manufacturing
287287 4 Illinois Chips for Real Opportunity (MICRO) Act shall be
288288 5 allowed a credit against payments due under this Section for
289289 6 amounts withheld during the first quarterly reporting period
290290 7 beginning after the certificate is issued equal to the portion
291291 8 of the MICRO Illinois Credit attributable to the incremental
292292 9 income tax attributable to new employees and retained
293293 10 employees as certified by the Department of Commerce and
294294 11 Economic Opportunity pursuant to an agreement with the
295295 12 taxpayer under the Manufacturing Illinois Chips for Real
296296 13 Opportunity (MICRO) Act for the taxable year. The credit or
297297 14 credits may not reduce the taxpayer's obligation for any
298298 15 payment due under this Section to less than zero. If the amount
299299 16 of the credit or credits exceeds the total payments due under
300300 17 this Section with respect to amounts withheld during the
301301 18 quarterly reporting period, the excess may be carried forward
302302 19 and applied against the taxpayer's liability under this
303303 20 Section in the succeeding quarterly reporting period as
304304 21 allowed to be carried forward under paragraph (4) of Section
305305 22 211 of this Act. The credit or credits shall be applied to the
306306 23 earliest quarterly reporting period for which there is a tax
307307 24 liability. If there are credits from more than one quarterly
308308 25 reporting period that are available to offset a liability, the
309309 26 earlier credit shall be applied first. Each employer who
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320320 1 deducts and withholds or is required to deduct and withhold
321321 2 tax under this Act and who retains income tax withholdings
322322 3 this subsection must make a return with respect to such taxes
323323 4 and retained amounts in the form and manner that the
324324 5 Department, by rule, requires and pay to the Department or to a
325325 6 depositary designated by the Department those withheld taxes
326326 7 not retained by the taxpayer. For purposes of this subsection,
327327 8 the term taxpayer shall include taxpayer and members of the
328328 9 taxpayer's unitary business group as defined under paragraph
329329 10 (27) of subsection (a) of Section 1501 of this Act. This
330330 11 Section is exempt from the provisions of Section 250 of this
331331 12 Act.
332332 13 (h) An employer may claim a credit against payments due
333333 14 under this Section for amounts withheld during the first
334334 15 calendar year ending after the date on which a tax credit
335335 16 certificate was issued under Section 35 of the Small Business
336336 17 Job Creation Tax Credit Act. The credit shall be equal to the
337337 18 amount shown on the certificate, but may not reduce the
338338 19 taxpayer's obligation for any payment due under this Section
339339 20 to less than zero. If the amount of the credit exceeds the
340340 21 total payments due under this Section with respect to amounts
341341 22 withheld during the calendar year, the excess may be carried
342342 23 forward and applied against the taxpayer's liability under
343343 24 this Section in the 5 succeeding calendar years. The credit
344344 25 shall be applied to the earliest year for which there is a tax
345345 26 liability. If there are credits from more than one calendar
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356356 1 year that are available to offset a liability, the earlier
357357 2 credit shall be applied first. This Section is exempt from the
358358 3 provisions of Section 250 of this Act.
359359 4 (i) Each employer with 50 or fewer full-time equivalent
360360 5 employees during the reporting period may claim a credit
361361 6 against the payments due under this Section for each qualified
362362 7 employee in an amount equal to the maximum credit allowable.
363363 8 The credit may be taken against payments due for reporting
364364 9 periods that begin on or after January 1, 2020, and end on or
365365 10 before December 31, 2027. An employer may not claim a credit
366366 11 for an employee who has worked fewer than 90 consecutive days
367367 12 immediately preceding the reporting period; however, such
368368 13 credits may accrue during that 90-day period and be claimed
369369 14 against payments under this Section for future reporting
370370 15 periods after the employee has worked for the employer at
371371 16 least 90 consecutive days. In no event may the credit exceed
372372 17 the employer's liability for the reporting period. Each
373373 18 employer who deducts and withholds or is required to deduct
374374 19 and withhold tax under this Act and who retains income tax
375375 20 withholdings under this subsection must make a return with
376376 21 respect to such taxes and retained amounts in the form and
377377 22 manner that the Department, by rule, requires and pay to the
378378 23 Department or to a depositary designated by the Department
379379 24 those withheld taxes not retained by the employer.
380380 25 For each reporting period, the employer may not claim a
381381 26 credit or credits for more employees than the number of
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392392 1 employees making less than the minimum or reduced wage for the
393393 2 current calendar year during the last reporting period of the
394394 3 preceding calendar year. Notwithstanding any other provision
395395 4 of this subsection, an employer shall not be eligible for
396396 5 credits for a reporting period unless the average wage paid by
397397 6 the employer per employee for all employees making less than
398398 7 $55,000 during the reporting period is greater than the
399399 8 average wage paid by the employer per employee for all
400400 9 employees making less than $55,000 during the same reporting
401401 10 period of the prior calendar year.
402402 11 For purposes of this subsection (i):
403403 12 "Compensation paid in Illinois" has the meaning ascribed
404404 13 to that term under Section 304(a)(2)(B) of this Act.
405405 14 "Employer" and "employee" have the meaning ascribed to
406406 15 those terms in the Minimum Wage Law, except that "employee"
407407 16 also includes employees who work for an employer with fewer
408408 17 than 4 employees. Employers that operate more than one
409409 18 establishment pursuant to a franchise agreement or that
410410 19 constitute members of a unitary business group shall aggregate
411411 20 their employees for purposes of determining eligibility for
412412 21 the credit.
413413 22 "Full-time equivalent employees" means the ratio of the
414414 23 number of paid hours during the reporting period and the
415415 24 number of working hours in that period.
416416 25 "Maximum credit" means the percentage listed below of the
417417 26 difference between the amount of compensation paid in Illinois
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428428 1 to employees who are paid not more than the required minimum
429429 2 wage reduced by the amount of compensation paid in Illinois to
430430 3 employees who were paid less than the current required minimum
431431 4 wage during the reporting period prior to each increase in the
432432 5 required minimum wage on January 1. If an employer pays an
433433 6 employee more than the required minimum wage and that employee
434434 7 previously earned less than the required minimum wage, the
435435 8 employer may include the portion that does not exceed the
436436 9 required minimum wage as compensation paid in Illinois to
437437 10 employees who are paid not more than the required minimum
438438 11 wage.
439439 12 (1) 25% for reporting periods beginning on or after
440440 13 January 1, 2020 and ending on or before December 31, 2020;
441441 14 (2) 21% for reporting periods beginning on or after
442442 15 January 1, 2021 and ending on or before December 31, 2021;
443443 16 (3) 17% for reporting periods beginning on or after
444444 17 January 1, 2022 and ending on or before December 31, 2022;
445445 18 (4) 13% for reporting periods beginning on or after
446446 19 January 1, 2023 and ending on or before December 31, 2023;
447447 20 (5) 9% for reporting periods beginning on or after
448448 21 January 1, 2024 and ending on or before December 31, 2024;
449449 22 (6) 5% for reporting periods beginning on or after
450450 23 January 1, 2025 and ending on or before December 31, 2025.
451451 24 The amount computed under this subsection may continue to
452452 25 be claimed for reporting periods beginning on or after January
453453 26 1, 2026 and:
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464464 1 (A) ending on or before December 31, 2026 for
465465 2 employers with more than 5 employees; or
466466 3 (B) ending on or before December 31, 2027 for
467467 4 employers with no more than 5 employees.
468468 5 "Qualified employee" means an employee who is paid not
469469 6 more than the required minimum wage and has an average wage
470470 7 paid per hour by the employer during the reporting period
471471 8 equal to or greater than his or her average wage paid per hour
472472 9 by the employer during each reporting period for the
473473 10 immediately preceding 12 months. A new qualified employee is
474474 11 deemed to have earned the required minimum wage in the
475475 12 preceding reporting period.
476476 13 "Reporting period" means the quarter for which a return is
477477 14 required to be filed under subsection (b) of this Section.
478478 15 (j) For reporting periods beginning on or after January 1,
479479 16 2023, if a private employer grants all of its employees the
480480 17 option of taking a paid leave of absence of at least 30 days
481481 18 for the purpose of serving as an organ donor or bone marrow
482482 19 donor, then the private employer may take a credit against the
483483 20 payments due under this Section in an amount equal to the
484484 21 amount withheld under this Section with respect to wages paid
485485 22 while the employee is on organ donation leave, not to exceed
486486 23 $20,833.33 $1,000 in withholdings for each employee who takes
487487 24 organ donation leave. To be eligible for the credit, such a
488488 25 leave of absence must be taken without loss of pay, vacation
489489 26 time, compensatory time, personal days, or sick time for at
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500500 1 least the first 30 days of the leave of absence. The private
501501 2 employer shall adopt rules governing organ donation leave,
502502 3 including rules that (i) establish conditions and procedures
503503 4 for requesting and approving leave and (ii) require medical
504504 5 documentation of the proposed organ or bone marrow donation
505505 6 before leave is approved by the private employer. A private
506506 7 employer must provide, in the manner required by the
507507 8 Department, documentation from the employee's medical
508508 9 provider, which the private employer receives from the
509509 10 employee, that verifies the employee's organ donation. The
510510 11 private employer must also provide, in the manner required by
511511 12 the Department, documentation that shows that a qualifying
512512 13 organ donor leave policy was in place and offered to all
513513 14 qualifying employees at the time the leave was taken. For the
514514 15 private employer to receive the tax credit, the employee
515515 16 taking organ donor leave must allow for the applicable medical
516516 17 records to be disclosed to the Department. If the private
517517 18 employer cannot provide the required documentation to the
518518 19 Department, then the private employer is ineligible for the
519519 20 credit under this Section. A private employer must also
520520 21 provide, in the form required by the Department, any
521521 22 additional documentation or information required by the
522522 23 Department to administer the credit under this Section. The
523523 24 credit under this subsection (j) shall be taken within one
524524 25 year after the date upon which the organ donation leave
525525 26 begins. If the leave taken spans into a second tax year, the
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536536 1 employer qualifies for the allowable credit in the later of
537537 2 the 2 years. If the amount of credit exceeds the tax liability
538538 3 for the year, the excess may be carried and applied to the tax
539539 4 liability for the 3 taxable years following the excess credit
540540 5 year. The tax credit shall be applied to the earliest year for
541541 6 which there is a tax liability. If there are credits for more
542542 7 than one year that are available to offset liability, the
543543 8 earlier credit shall be applied first.
544544 9 Nothing in this subsection (j) prohibits a private
545545 10 employer from providing an unpaid leave of absence to its
546546 11 employees for the purpose of serving as an organ donor or bone
547547 12 marrow donor; however, if the employer's policy provides for
548548 13 fewer than 30 days of paid leave for organ or bone marrow
549549 14 donation, then the employer shall not be eligible for the
550550 15 credit under this Section.
551551 16 As used in this subsection (j):
552552 17 "Department" means the Department of Revenue.
553553 18 "Organ" means any biological tissue of the human body that
554554 19 may be donated by a living donor, including, but not limited
555555 20 to, the kidney, liver, lung, pancreas, intestine, bone, skin,
556556 21 or any subpart of those organs.
557557 22 "Organ donor" means a person from whose body an organ is
558558 23 taken to be transferred to the body of another person.
559559 24 "Private employer" means a sole proprietorship,
560560 25 corporation, partnership, limited liability company, or other
561561 26 entity with one or more employees. "Private employer" does not
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572572 1 include a municipality, county, State agency, or other public
573573 2 employer.
574574 3 This subsection (j) is exempt from the provisions of
575575 4 Section 250 of this Act.
576576 5 (Source: P.A. 101-1, eff. 2-19-19; 102-669, eff. 11-16-21;
577577 6 102-700, Article 30, Section 30-5, eff. 4-19-22; 102-700,
578578 7 Article 110, Section 110-905, eff. 4-19-22; revised 6-1-22.)
579579 8 Section 99. Effective date. This Act takes effect upon
580580 9 becoming law.
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