103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2068 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED: New Act Creates the Transportation Benefits Program Act. Requires all covered employers to provide 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 or for the purchase of qualified parking, up to a maximum level allowed by federal tax law. Provides that all transit agencies shall market the existence of this program and the Act to their riders in order to inform affected employees and their employers. Provides that nothing in the Act shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers or affect the validity or change the terms of bona fide collective bargaining agreements in force on the effective date of the Act. Defines terms. Effective January 1, 2024. LRB103 05203 SPS 50219 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2068 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED: New Act New Act Creates the Transportation Benefits Program Act. Requires all covered employers to provide 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 or for the purchase of qualified parking, up to a maximum level allowed by federal tax law. Provides that all transit agencies shall market the existence of this program and the Act to their riders in order to inform affected employees and their employers. Provides that nothing in the Act shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers or affect the validity or change the terms of bona fide collective bargaining agreements in force on the effective date of the Act. Defines terms. Effective January 1, 2024. LRB103 05203 SPS 50219 b LRB103 05203 SPS 50219 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2068 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED: New Act New Act New Act Creates the Transportation Benefits Program Act. Requires all covered employers to provide 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 or for the purchase of qualified parking, up to a maximum level allowed by federal tax law. Provides that all transit agencies shall market the existence of this program and the Act to their riders in order to inform affected employees and their employers. Provides that nothing in the Act shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers or affect the validity or change the terms of bona fide collective bargaining agreements in force on the effective date of the Act. Defines terms. Effective January 1, 2024. LRB103 05203 SPS 50219 b LRB103 05203 SPS 50219 b LRB103 05203 SPS 50219 b A BILL FOR HB2068LRB103 05203 SPS 50219 b HB2068 LRB103 05203 SPS 50219 b HB2068 LRB103 05203 SPS 50219 b 1 AN ACT concerning business. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Transportation Benefits Program Act. 6 Section 5. Definitions. As used in this Act: 7 "Covered employee" means any person who performs an 8 average of at least 35 hours of work per week for compensation 9 on a full-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 14 County; Addison Township; Bloomingdale Township; York 15 Township; Milton Township; Winfield Township; Downers 16 Grove Township; Lisle Township; Naperville Township; 17 Dundee Township; Elgin Township; St. Charles Township; 18 Geneva Township; Batavia Township; Aurora Township; Zion 19 Township; Benton Township; Waukegan Township; Avon 20 Township; Libertyville Township; Shields Township; Vernon 21 Township; West Deerfield Township; Deerfield Township; 22 McHenry Township; Nunda Township; Algonquin Township; 23 DuPage Township; Homer Township; Lockport Township; 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2068 Introduced , by Rep. Theresa Mah SYNOPSIS AS INTRODUCED: New Act New Act New Act Creates the Transportation Benefits Program Act. Requires all covered employers to provide 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 or for the purchase of qualified parking, up to a maximum level allowed by federal tax law. Provides that all transit agencies shall market the existence of this program and the Act to their riders in order to inform affected employees and their employers. Provides that nothing in the Act shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers or affect the validity or change the terms of bona fide collective bargaining agreements in force on the effective date of the Act. Defines terms. Effective January 1, 2024. LRB103 05203 SPS 50219 b LRB103 05203 SPS 50219 b LRB103 05203 SPS 50219 b A BILL FOR New Act LRB103 05203 SPS 50219 b HB2068 LRB103 05203 SPS 50219 b HB2068- 2 -LRB103 05203 SPS 50219 b HB2068 - 2 - LRB103 05203 SPS 50219 b HB2068 - 2 - LRB103 05203 SPS 50219 b 1 Plainfield Township; New Lenox Township; Joliet Township; 2 or Troy Township; and 3 (ii) for which an average of 25 or more full-time 4 employees work for compensation in the geographic area 5 specified in item (i). 6 "Employer" means any individual, partnership, association, 7 corporation, limited liability company, government, non-profit 8 organization, or business trust who directly or indirectly, or 9 through an agent or any other person, employs or exercises 10 control over wages, hours, or working conditions of an 11 employee. 12 "Public transit" means any transportation system within 13 the authority and jurisdiction of the Regional Transportation 14 Authority. 15 "Qualified parking" means parking provided to an employee 16 on or near the business premises of the employer or on or near 17 a location from which the employee commutes to work by 18 transportation on public transit. "Qualified parking" does not 19 include parking on or near property used by the employee for 20 residential purposes. 21 "Transit pass" means any pass, token, fare card, voucher, 22 or similar item entitling a person to transportation on public 23 transit. 24 Section 10. Transportation benefits program. All covered 25 employers shall provide a program consistent with 26 U.S.C. HB2068 - 2 - LRB103 05203 SPS 50219 b HB2068- 3 -LRB103 05203 SPS 50219 b HB2068 - 3 - LRB103 05203 SPS 50219 b HB2068 - 3 - LRB103 05203 SPS 50219 b 1 132(f) that allows a covered employee to elect to exclude from 2 taxable wages and compensation the employee's commuting costs 3 incurred for the purchase of a transit pass to use public 4 transit or for the purchase of qualified parking, up to a 5 maximum level allowed by federal tax law. A covered employer 6 may comply with this Section by participating in a program 7 offered by the Chicago Transit Authority or the Regional 8 Transportation Authority. 9 This benefit must be offered to all employees starting on 10 the employees' first full pay period after 120 days of 11 employment. All transit agencies shall market the existence of 12 this program and this Act to their riders in order to inform 13 affected employees and their employers. 14 Section 15. Application of Act. Nothing in this Act shall 15 be deemed to interfere with, impede, or in any way diminish the 16 right of employees to bargain collectively with their 17 employers through representatives of their own choosing in 18 order to establish wages or other conditions of work in excess 19 of the applicable minimum standards of the provisions of this 20 Act. Nothing in this Act shall be deemed to affect the validity 21 or change the terms of bona fide collective bargaining 22 agreements in force on the effective date of this Act. After 23 the effective date of this Act, requirements of this Act may be 24 waived in a bona fide collective bargaining agreement, but 25 only if the waiver is set forth explicitly in such agreement in HB2068 - 3 - LRB103 05203 SPS 50219 b HB2068- 4 -LRB103 05203 SPS 50219 b HB2068 - 4 - LRB103 05203 SPS 50219 b HB2068 - 4 - LRB103 05203 SPS 50219 b 1 clear and unambiguous terms. 2 Section 99. Effective date. This Act takes effect January 3 1, 2024. HB2068 - 4 - LRB103 05203 SPS 50219 b