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Public Act 103-0291


Public Act 0291 103RD GENERAL ASSEMBLY



Public Act 103-0291
HB2068 EnrolledLRB103 05203 SPS 50219 b

    AN ACT concerning business.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title. This Act may be cited as the
Transportation Benefits Program Act.
    Section 5. Definitions. 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 full-time basis.
    "Covered 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 employee, and that:
        (1) is located in: Cook County; Warren Township in
    Lake County; Grant Township in Lake County; Frankfort
    Township in Will County; Wheatland Township in Will
    County; Addison Township; Bloomingdale Township; York
    Township; Milton Township; Winfield Township; Downers
    Grove Township; Lisle Township; Naperville Township;
    Dundee Township; Elgin Township; St. Charles Township;
    Geneva Township; Batavia Township; Aurora Township; Zion
    Township; Benton Township; Waukegan Township; Avon
    Township; Libertyville Township; Shields Township; Vernon
    Township; West Deerfield Township; Deerfield Township;
    McHenry Township; Nunda Township; Algonquin Township;
    DuPage Township; Homer Township; Lockport Township;
    Plainfield Township; New Lenox Township; Joliet Township;
    or Troy Township; and
        (2) employs 50 or more covered employees in a
    geographic area specified in paragraph (1) at an address
    that is located within one mile of fixed-route transit
    "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
    Section 10. Transportation benefits program. All covered
employers shall provide a pre-tax commuter benefit to covered
employees. The pre-tax commuter benefit shall allow employees
to use pre-tax dollars for the purchase of a transit pass, via
payroll deduction, such that the costs for such purchases may
be excluded from the employee's taxable wages and compensation
up to the maximum amount permitted by federal tax law,
consistent with 26 U.S.C. 132(f) and the rules and regulations
promulgated thereunder. A covered employer may comply with
this Section by participating in a program offered by the
Chicago Transit Authority or the Regional Transportation
    This benefit must be offered to all employees starting on
the employees' first full pay period after 120 days of
employment. All transit agencies shall market the existence of
this program and this Act to their riders in order to inform
affected employees and their employers.
    Section 15. Regional Transit Authority map. The Regional
Transportation Authority shall make publicly available a
searchable map of addresses that are located within one mile
of fixed-route transit service.
    Section 20. Application of Act. Nothing in this Act shall
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 unambiguous terms.
    Section 99. Effective date. This Act takes effect January
1, 2024.

Effective Date: 1/1/2024