HB2068 EnrolledLRB103 05203 SPS 50219 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
8average of at least 35 hours of work per week for compensation
9on a full-time basis.
10    "Covered employer" means any individual, partnership,
11association, corporation, limited liability company,
12government, non-profit organization, or business trust that
13directly or indirectly, or through an agent or any other
14person, employs or exercises control over wages, hours, or
15working conditions of an employee, and that:
16        (1) is located in: Cook County; Warren Township in
17    Lake County; Grant Township in Lake County; Frankfort
18    Township in Will County; Wheatland Township in Will
19    County; Addison Township; Bloomingdale Township; York
20    Township; Milton Township; Winfield Township; Downers
21    Grove Township; Lisle Township; Naperville Township;
22    Dundee Township; Elgin Township; St. Charles Township;
23    Geneva Township; Batavia Township; Aurora Township; Zion

 

 

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1    Township; Benton Township; Waukegan Township; Avon
2    Township; Libertyville Township; Shields Township; Vernon
3    Township; West Deerfield Township; Deerfield Township;
4    McHenry Township; Nunda Township; Algonquin Township;
5    DuPage Township; Homer Township; Lockport Township;
6    Plainfield Township; New Lenox Township; Joliet Township;
7    or Troy Township; and
8        (2) employs 50 or more covered employees in a
9    geographic area specified in paragraph (1) at an address
10    that is located within one mile of fixed-route transit
11    service.
12    "Public transit" means any transportation system within
13the authority and jurisdiction of the Regional Transportation
14Authority.
15    "Transit pass" means any pass, token, fare card, voucher,
16or similar item entitling a person to transportation on public
17transit.
 
18    Section 10. Transportation benefits program. All covered
19employers shall provide a pre-tax commuter benefit to covered
20employees. The pre-tax commuter benefit shall allow employees
21to use pre-tax dollars for the purchase of a transit pass, via
22payroll deduction, such that the costs for such purchases may
23be excluded from the employee's taxable wages and compensation
24up to the maximum amount permitted by federal tax law,
25consistent with 26 U.S.C. 132(f) and the rules and regulations

 

 

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1promulgated thereunder. A covered employer may comply with
2this Section by participating in a program offered by the
3Chicago Transit Authority or the Regional Transportation
4Authority.
5    This benefit must be offered to all employees starting on
6the employees' first full pay period after 120 days of
7employment. All transit agencies shall market the existence of
8this program and this Act to their riders in order to inform
9affected employees and their employers.
 
10    Section 15. Regional Transit Authority map. The Regional
11Transportation Authority shall make publicly available a
12searchable map of addresses that are located within one mile
13of fixed-route transit service.
 
14    Section 20. Application of Act. Nothing in this Act shall
15be deemed to interfere with, impede, or in any way diminish the
16right of employees to bargain collectively with their
17employers through representatives of their own choosing in
18order to establish wages or other conditions of work in excess
19of the applicable minimum standards of the provisions of this
20Act. Nothing in this Act shall be deemed to affect the validity
21or change the terms of bona fide collective bargaining
22agreements in force on the effective date of this Act. After
23the effective date of this Act, requirements of this Act may be
24waived in a bona fide collective bargaining agreement, but

 

 

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1only if the waiver is set forth explicitly in such agreement in
2clear and unambiguous terms.
 
3    Section 99. Effective date. This Act takes effect January
41, 2024.