Illinois General Assembly - Full Text of HB2802
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Full Text of HB2802  100th General Assembly


Sen. Martin A. Sandoval

Filed: 5/26/2017





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2    AMENDMENT NO. ______. Amend House Bill 2802 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Transportation Benefits Program Act.
6    Section 5. Definitions. As used in this Act:
7    "Covered employee" means any person who performs an average
8of at least 35 hours of work per week for compensation on a
9full-time basis.
10    "Covered employer" means an employer:
11        (i) that is within: Cook County; Warren Township in
12    Lake County; Grant Township in Lake County; Frankfort
13    Township in Will County; Wheatland Township in Will County;
14    Addison Township; Bloomingdale Township; York Township;
15    Milton Township; Winfield Township; Downers Grove
16    Township; Lisle Township; Naperville Township; Dundee



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1    Township; Elgin Township; St. Charles Township; Geneva
2    Township; Batavia Township; Aurora Township; Zion
3    Township; Benton Township; Waukegan Township; Avon
4    Township; Libertyville Township; Shields Township; Vernon
5    Township; West Deerfield Township; Deerfield Township;
6    McHenry Township; Nunda Township; Algonquin Township;
7    DuPage Township; Homer Township; Lockport Township;
8    Plainfield Township; New Lenox Township; Joliet Township;
9    or Troy Township; and
10        (ii) for which an average of 25 or more full-time
11    employees work for compensation in the geographic area
12    specified in item (i).
13    "Employer" means any individual, partnership, association,
14corporation, limited liability company, government, non-profit
15organization, or business trust who directly or indirectly, or
16through an agent or any other person, employs or exercises
17control over wages, hours, or working conditions of an
19    "Public transit" means any transportation system within
20the authority and jurisdiction of the Regional Transportation
22    "Qualified parking" means parking provided to an employee
23on or near the business premises of the employer or on or near
24a location from which the employee commutes to work by
25transportation on public transit. "Qualified parking" does not
26include parking on or near property used by the employee for



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1residential purposes.
2    "Transit pass" means any pass, token, fare card, voucher,
3or similar item entitling a person to transportation on public
5    Section 10. Transportation benefits program. All covered
6employers shall provide a program consistent with 26 U.S.C.
7132(f) that allows a covered employee to elect to exclude from
8taxable wages and compensation the employee's commuting costs
9incurred for the purchase of a transit pass to use public
10transit or for the purchase of qualified parking, up to a
11maximum level allowed by federal tax law. A covered employer
12may comply with this Section by participating in a program
13offered by the Chicago Transit Authority or the Regional
14Transportation Authority.
15    This benefit must be offered to all employees starting on
16the employees' first full pay period after 120 days of
17employment. All transit agencies shall market the existence of
18this program and this Act to their riders in order to inform
19affected employees and their employers.
20    Section 15. Application of Act. Nothing in this Act shall
21be deemed to interfere with, impede, or in any way diminish the
22right of employees to bargain collectively with their employers
23through representatives of their own choosing in order to
24establish wages or other conditions of work in excess of the



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1applicable minimum standards of the provisions of this Act.
2Nothing in this Act shall be deemed to affect the validity or
3change the terms of bona fide collective bargaining agreements
4in force on the effective date of this Act. After the effective
5date of this Act, requirements of this Act may be waived in a
6bona fide collective bargaining agreement, but only if the
7waiver is set forth explicitly in such agreement in clear and
8unambiguous terms.
9    Section 99. Effective date. This Act takes effect January
101, 2018.".