Full Text of HB2533 101st General Assembly
HB2533 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. Theresa Mah
SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.886 new
Creates the Transportation Benefit Program Act. Provides that an
employer that is situated in Cook County and for which an average of 20 or
more full-time employees work for compensation shall offer a program that
allows a covered employee to elect to exclude from taxable wages and
compensation the employee's commuting costs incurred for the purchase of a
transit pass to use public transit up to a maximum level allowed by federal
tax law. Provides that a covered employer may comply by participating in a
program offered by the Chicago Transit Authority or the Regional Transit
Authority. Provides that all transit agencies shall market the existence of
the program to their riders. Establishes penalties for violations of the
Act. Amends the State Finance Act to create the Transportation Benefits
Program Fund. Effective January 1, 2020.
|FISCAL NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Transportation Benefit Program Act.
As used in this Act:
"Covered employee" means any person who performs an average
of at least 35 hours of work per week for compensation on a
"Covered employer" means an employer that is situated in
Cook County for which an average of 20 or more full-time
employees work for compensation in the geographic area.
"Employer" means any individual, partnership, association,
corporation, limited liability company, government, non-profit
organization, or business trust that directly or indirectly, or
through an agent or any other person, employs or exercises
control over wages, hours, or working conditions of an
"Public transit" means any transportation system within
the authority and jurisdiction of the Regional Transportation
"Transit pass" means any pass, token, fare card, voucher,
or similar item entitling a person to transportation on public
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"Transportation benefit program" means any of the
following provided by an employer to an employee:
(1) Any transit pass.
(2) Cash reimbursement by an employer to an employee
for a benefit described in item (1).
Transportation benefit program.
employer shall provide a transportation benefit program that
allows a covered employee to elect to exclude from taxable
wages and compensation the employee's commuting costs incurred
for the purchase of a transit pass to use public transit up to
the maximum exclusion or deduction allowed to an employee by
federal tax law. A covered employer may comply with this
Section by participating in a program offered by the Chicago
Transit Authority or the Regional Transportation Authority.
This benefit must be offered to all employees starting on
employees' first full pay period after 120 days of
All transit agencies shall market the existence of
this program and
this Act to their riders in order to inform
affected employees and
(a) A covered employer that fails to offer a transportation
program to covered employees as required by this Act is
subject to: (i) a civil penalty of not more than $100 for a
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first violation; (ii) a civil penalty of not more than $200 for
a second violation within the same year; and (iii) a civil
penalty of not more than $500 for each additional violation
within the same year.
(b) The Department of Labor shall enforce this Act and
shall adopt rules concerning: (i) the issuance of citations to
any covered employer that fails to provide a transportation
benefits program to covered employees as required by this Act;
(ii) the amount of penalties; and (iii) the procedure for the
imposition, collection, and administrative review of citations
issued and penalties imposed to enforce this Act.
(c) Penalties collected under this Section, which may
include recovery of enforcement costs, shall be deposited into
the Transportation Benefits Program Fund created under Section
Transportation Benefits Program Fund.
Transportation Benefits Program Fund is created as a special
fund in the State treasury. The Fund shall consist of any
moneys deposited into the Fund as provided in subsection (c) of
Section 15. Moneys in the Fund shall be used for the
administration of this Act and for no other purpose. All
interest earned on moneys in the Fund shall be deposited into
Application of Act.
Nothing in this Act shall
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be deemed to interfere with, impede, or in any way diminish the
right of employees to bargain collectively with their employers
through representatives of their own choosing in order to
establish wages or other conditions of work in excess of the
applicable minimum standards of the provisions of this Act.
Nothing in this Act shall be deemed to affect the validity or
change the terms of bona fide collective bargaining agreements
in force on the effective date of this Act. After the effective
date of this Act, requirements of this Act may be waived in a
bona fide collective bargaining agreement, but only if the
waiver is set forth explicitly in such agreement in clear and
The State Finance Act is amended by adding
Section 5.886 as follows:
(30 ILCS 105/5.886 new)
The Transportation Benefits Program Fund.
This Act takes effect January