Bill Text: IL HB4733 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Unemployment Insurance Act. Provides that the term "employment" does not include the delivery or distribution of newspapers or shopping news to the consumer, rather than to the ultimate consumer. Deletes provisions relating to delivery to the ultimate consumer. Effective immediately.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Engrossed - Dead) 2014-12-04 - Remove Chief Co-Sponsor Rep. David R. Leitch [HB4733 Detail]

Download: Illinois-2013-HB4733-Amended.html

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Sen. Kimberly A. Lightford

Filed: 12/2/2014

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AMENDMENT TO HOUSE BILL 4733
AMENDMENT NO. ______. Amend House Bill 4733, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Income Tax Act is amended by
changing Section 704A as follows:
(35 ILCS 5/704A)
Sec. 704A. Employer's return and payment of tax withheld.
(a) In general, every employer who deducts and withholds or
is required to deduct and withhold tax under this Act on or
after January 1, 2008 shall make those payments and returns as
provided in this Section.
(b) Returns. Every employer shall, in the form and manner
required by the Department, make returns with respect to taxes
withheld or required to be withheld under this Article 7 for
each quarter beginning on or after January 1, 2008, on or

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before the last day of the first month following the close of
that quarter.
(c) Payments. With respect to amounts withheld or required
to be withheld on or after January 1, 2008:
(1) Semi-weekly payments. For each calendar year, each
employer who withheld or was required to withhold more than
$12,000 during the one-year period ending on June 30 of the
immediately preceding calendar year, payment must be made:
(A) on or before each Friday of the calendar year,
for taxes withheld or required to be withheld on the
immediately preceding Saturday, Sunday, Monday, or
Tuesday;
(B) on or before each Wednesday of the calendar
year, for taxes withheld or required to be withheld on
the immediately preceding Wednesday, Thursday, or
Friday.
Beginning with calendar year 2011, payments made under
this paragraph (1) of subsection (c) must be made by
electronic funds transfer.
(2) Semi-weekly payments. Any employer who withholds
or is required to withhold more than $12,000 in any quarter
of a calendar year is required to make payments on the
dates set forth under item (1) of this subsection (c) for
each remaining quarter of that calendar year and for the
subsequent calendar year.
(3) Monthly payments. Each employer, other than an

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employer described in items (1) or (2) of this subsection,
shall pay to the Department, on or before the 15th day of
each month the taxes withheld or required to be withheld
during the immediately preceding month.
(4) Payments with returns. Each employer shall pay to
the Department, on or before the due date for each return
required to be filed under this Section, any tax withheld
or required to be withheld during the period for which the
return is due and not previously paid to the Department.
(d) Regulatory authority. The Department may, by rule:
(1) Permit employers, in lieu of the requirements of
subsections (b) and (c), to file annual returns due on or
before January 31 of the year for taxes withheld or
required to be withheld during the previous calendar year
and, if the aggregate amounts required to be withheld by
the employer under this Article 7 (other than amounts
required to be withheld under Section 709.5) do not exceed
$1,000 for the previous calendar year, to pay the taxes
required to be shown on each such return no later than the
due date for such return.
(2) Provide that any payment required to be made under
subsection (c)(1) or (c)(2) is deemed to be timely to the
extent paid by electronic funds transfer on or before the
due date for deposit of federal income taxes withheld from,
or federal employment taxes due with respect to, the wages
from which the Illinois taxes were withheld.

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(3) Designate one or more depositories to which payment
of taxes required to be withheld under this Article 7 must
be paid by some or all employers.
(4) Increase the threshold dollar amounts at which
employers are required to make semi-weekly payments under
subsection (c)(1) or (c)(2).
(e) Annual return and payment. Every employer who deducts
and withholds or is required to deduct and withhold tax from a
person engaged in domestic service employment, as that term is
defined in Section 3510 of the Internal Revenue Code, may
comply with the requirements of this Section with respect to
such employees by filing an annual return and paying the taxes
required to be deducted and withheld on or before the 15th day
of the fourth month following the close of the employer's
taxable year. The Department may allow the employer's return to
be submitted with the employer's individual income tax return
or to be submitted with a return due from the employer under
Section 1400.2 of the Unemployment Insurance Act.
(f) Magnetic media and electronic filing. Any W-2 Form
that, under the Internal Revenue Code and regulations
promulgated thereunder, is required to be submitted to the
Internal Revenue Service on magnetic media or electronically
must also be submitted to the Department on magnetic media or
electronically for Illinois purposes, if required by the
Department.
(g) For amounts deducted or withheld after December 31,

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2009, a taxpayer who makes an election under subsection (f) of
Section 5-15 of the Economic Development for a Growing Economy
Tax Credit Act for a taxable year shall be allowed a credit
against payments due under this Section for amounts withheld
during the first calendar year beginning after the end of that
taxable year equal to the amount of the credit for the
incremental income tax attributable to full-time employees of
the taxpayer awarded to the taxpayer by the Department of
Commerce and Economic Opportunity under the Economic
Development for a Growing Economy Tax Credit Act for the
taxable year and credits not previously claimed and allowed to
be carried forward under Section 211(4) of this Act as provided
in subsection (f) of Section 5-15 of the Economic Development
for a Growing Economy Tax Credit Act. The credit or credits may
not reduce the taxpayer's obligation for any payment due under
this Section to less than zero. If the amount of the credit or
credits exceeds the total payments due under this Section with
respect to amounts withheld during the calendar year, the
excess may be carried forward and applied against the
taxpayer's liability under this Section in the succeeding
calendar years as allowed to be carried forward under paragraph
(4) of Section 211 of this Act. The credit or credits shall be
applied to the earliest year for which there is a tax
liability. If there are credits from more than one taxable year
that are available to offset a liability, the earlier credit
shall be applied first. Each employer who deducts and withholds

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or is required to deduct and withhold tax under this Act and
who retains income tax withholdings under subsection (f) of
Section 5-15 of the Economic Development for a Growing Economy
Tax Credit Act must make a return with respect to such taxes
and retained amounts in the form and manner that the
Department, by rule, requires and pay to the Department or to a
depositary designated by the Department those withheld taxes
not retained by the taxpayer. For purposes of this subsection
(g), the term taxpayer shall include taxpayer and members of
the taxpayer's unitary business group as defined under
paragraph (27) of subsection (a) of Section 1501 of this Act.
This Section is exempt from the provisions of Section 250 of
this Act.
(h) An employer may claim a credit against payments due
under this Section for amounts withheld during the first
calendar year ending after the date on which a tax credit
certificate was issued under Section 35 of the Small Business
Job Creation Tax Credit Act. The credit shall be equal to the
amount shown on the certificate, but may not reduce the
taxpayer's obligation for any payment due under this Section to
less than zero. If the amount of the credit exceeds the total
payments due under this Section with respect to amounts
withheld during the calendar year, the excess may be carried
forward and applied against the taxpayer's liability under this
Section in the 5 succeeding calendar years. The credit shall be
applied to the earliest year for which there is a tax

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liability. If there are credits from more than one calendar
year that are available to offset a liability, the earlier
credit shall be applied first. This Section is exempt from the
provisions of Section 250 of this Act.
(i) Each employer that (i) does not employ more than 50
employees at any time during the applicable payment period and
(ii) is subject to the Minimum Wage Law may claim a credit
against payments due under this Section on and after July 1,
2015 and on or before June 30, 2018 in an amount equal to the
difference between: (1) the wages paid by the employer to
employees in Illinois whose wages do not exceed the minimum
wage, calculated as if those employees were entitled to the
minimum wage set forth under Section 4 of the Minimum Wage Law
and not a higher minimum wage adopted by a unit of local
government; and (2) the wages that would have been paid by the
employer to those employees if the minimum wage had been $8.25
per hour during that period.
(Source: P.A. 96-834, eff. 12-14-09; 96-888, eff. 4-13-10;
96-905, eff. 6-4-10; 96-1027, eff. 7-12-10; 97-333, eff.
8-12-11; 97-507, eff. 8-23-11.)
Section 10. The Minimum Wage Law is amended by changing
Section 4 as follows:
(820 ILCS 105/4) (from Ch. 48, par. 1004)
Sec. 4. (a)(1) Every employer shall pay to each of his

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employees in every occupation wages of not less than $2.30 per
hour or in the case of employees under 18 years of age wages of
not less than $1.95 per hour, except as provided in Sections 5
and 6 of this Act, and on and after January 1, 1984, every
employer shall pay to each of his employees in every occupation
wages of not less than $2.65 per hour or in the case of
employees under 18 years of age wages of not less than $2.25
per hour, and on and after October 1, 1984 every employer shall
pay to each of his employees in every occupation wages of not
less than $3.00 per hour or in the case of employees under 18
years of age wages of not less than $2.55 per hour, and on or
after July 1, 1985 every employer shall pay to each of his
employees in every occupation wages of not less than $3.35 per
hour or in the case of employees under 18 years of age wages of
not less than $2.85 per hour, and from January 1, 2004 through
December 31, 2004 every employer shall pay to each of his or
her employees who is 18 years of age or older in every
occupation wages of not less than $5.50 per hour, and from
January 1, 2005 through June 30, 2007 every employer shall pay
to each of his or her employees who is 18 years of age or older
in every occupation wages of not less than $6.50 per hour, and
from July 1, 2007 through June 30, 2008 every employer shall
pay to each of his or her employees who is 18 years of age or
older in every occupation wages of not less than $7.50 per
hour, and from July 1, 2008 through June 30, 2009 every
employer shall pay to each of his or her employees who is 18

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years of age or older in every occupation wages of not less
than $7.75 per hour, and from July 1, 2009 through June 30,
2010 every employer shall pay to each of his or her employees
who is 18 years of age or older in every occupation wages of
not less than $8.00 per hour, and from on and after July 1,
2010 through June 30, 2015 every employer shall pay to each of
his or her employees who is 18 years of age or older in every
occupation wages of not less than $8.25 per hour, and from July
1, 2015 to June 30, 2016 every employer shall pay to each of
his or her employees who is 18 years of age or older in every
occupation wages of not less than $9.00 per hour, and from July
1, 2016 to June 30, 2017 every employer shall pay to each of
his or her employees who is 18 years of age or older in every
occupation wages of not less than $9.50 per hour, and from July
1, 2017 to June 30, 2018 every employer shall pay to each of
his or her employees who is 18 years of age or older in every
occupation wages of not less than $10.00 per hour, and from
July 1, 2018 to June 30, 2019 every employer shall pay to each
of his or her employees who is 18 years of age or older in every
occupation wages of not less than $10.50 per hour, and on and
after July 1, 2019 every employer shall pay to each of his or
her employees who is 18 years of age or older in every
occupation wages of not less than $11.00 per hour.
(2) Unless an employee's wages are reduced under Section 6,
then in lieu of the rate prescribed in item (1) of this
subsection (a), an employer may pay an employee who is 18 years

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of age or older, during the first 90 consecutive calendar days
after the employee is initially employed by the employer, a
wage that is not more than 50¢ less than the wage prescribed in
item (1) of this subsection (a); however, an employer shall pay
not less than the rate prescribed in item (1) of this
subsection (a) to:
(A) a day or temporary laborer, as defined in Section 5
of the Day and Temporary Labor Services Act, who is 18
years of age or older; and
(B) an employee who is 18 years of age or older and
whose employment is occasional or irregular and requires
not more than 90 days to complete.
(3) At no time shall the wages paid to any employee under
18 years of age be more than 50¢ less than the wage required to
be paid to employees who are at least 18 years of age under
item (1) of this subsection (a).
(b) No employer shall discriminate between employees on the
basis of sex or mental or physical handicap, except as
otherwise provided in this Act by paying wages to employees at
a rate less than the rate at which he pays wages to employees
for the same or substantially similar work on jobs the
performance of which requires equal skill, effort, and
responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (1) a
seniority system; (2) a merit system; (3) a system which
measures earnings by quantity or quality of production; or (4)

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a differential based on any other factor other than sex or
mental or physical handicap, except as otherwise provided in
this Act.
(c) Every employer of an employee engaged in an occupation
in which gratuities have customarily and usually constituted
and have been recognized as part of the remuneration for hire
purposes is entitled to an allowance for gratuities as part of
the hourly wage rate provided in Section 4, subsection (a) in
an amount not to exceed 40% of the applicable minimum wage
rate. The Director shall require each employer desiring an
allowance for gratuities to provide substantial evidence that
the amount claimed, which may not exceed 40% of the applicable
minimum wage rate, was received by the employee in the period
for which the claim of exemption is made, and no part thereof
was returned to the employer.
(d) No camp counselor who resides on the premises of a
seasonal camp of an organized not-for-profit corporation shall
be subject to the adult minimum wage if the camp counselor (1)
works 40 or more hours per week, and (2) receives a total
weekly salary of not less than the adult minimum wage for a
40-hour week. If the counselor works less than 40 hours per
week, the counselor shall be paid the minimum hourly wage for
each hour worked. Every employer of a camp counselor under this
subsection is entitled to an allowance for meals and lodging as
part of the hourly wage rate provided in Section 4, subsection
(a), in an amount not to exceed 25% of the minimum wage rate.

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(e) A camp counselor employed at a day camp is not subject
to the adult minimum wage if the camp counselor is paid a
stipend on a onetime or periodic basis and, if the camp
counselor is a minor, the minor's parent, guardian or other
custodian has consented in writing to the terms of payment
before the commencement of such employment.
(f) Preemption of home rule powers.
(1) The establishment of a minimum wage that employers
must pay their employees is an exclusive power and function
of the State. Except as provided in paragraph (2) of this
subsection (f), a home rule unit may not regulate or
establish a minimum wage. This subsection (f) is a denial
and limitation of the home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(2) Paragraph (1) of this subsection (f) shall not
apply to Ordinance No. 02014-9680 adopted by the City
Council of City of Chicago on December 2, 2014, provided
that: (i) the provisions set forth in that ordinance are
not changed by the City Council of the City of Chicago
after December 2, 2014; (ii) the minimum wage required to
be paid to employees subject to Section 1-24-020 of that
ordinance beginning July 1, 2019, and each year thereafter,
is no greater than $13.00 per hour; and (iii) the minimum
wage required to be paid employees subject to that
ordinance in occupations receiving gratuities beginning

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July 1, 2019, and each year thereafter, is no greater than
the amount calculated by the Commissioner of Business
Affairs and Consumer Protection of the City of Chicago by
June 1, 2018 pursuant to paragraph (3) of subsection (a) of
Section 1-24-030 of that ordinance. This paragraph (2) of
this subsection (f) is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
95-945, eff. 1-1-09.)".