Illinois 2023-2024 Regular Session

Illinois House Bill HB2068 Compare Versions

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1-Public Act 103-0291
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4-AN ACT concerning business.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 1. Short title. This Act may be cited as the
8-Transportation Benefits Program Act.
9-Section 5. Definitions. As used in this Act:
10-"Covered employee" means any person who performs an
11-average of at least 35 hours of work per week for compensation
12-on a full-time basis.
13-"Covered employer" means any individual, partnership,
14-association, corporation, limited liability company,
15-government, non-profit organization, or business trust that
16-directly or indirectly, or through an agent or any other
17-person, employs or exercises control over wages, hours, or
18-working conditions of an employee, and that:
19-(1) is located in: Cook County; Warren Township in
20-Lake County; Grant Township in Lake County; Frankfort
21-Township in Will County; Wheatland Township in Will
22-County; Addison Township; Bloomingdale Township; York
23-Township; Milton Township; Winfield Township; Downers
24-Grove Township; Lisle Township; Naperville Township;
25-Dundee Township; Elgin Township; St. Charles Township;
26-Geneva Township; Batavia Township; Aurora Township; Zion
3+1 AN ACT concerning business.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 1. Short title. This Act may be cited as the
7+5 Transportation Benefits Program Act.
8+6 Section 5. Definitions. As used in this Act:
9+7 "Covered employee" means any person who performs an
10+8 average of at least 35 hours of work per week for compensation
11+9 on a full-time basis.
12+10 "Covered employer" means any individual, partnership,
13+11 association, corporation, limited liability company,
14+12 government, non-profit organization, or business trust that
15+13 directly or indirectly, or through an agent or any other
16+14 person, employs or exercises control over wages, hours, or
17+15 working conditions of an employee, and that:
18+16 (1) is located in: Cook County; Warren Township in
19+17 Lake County; Grant Township in Lake County; Frankfort
20+18 Township in Will County; Wheatland Township in Will
21+19 County; Addison Township; Bloomingdale Township; York
22+20 Township; Milton Township; Winfield Township; Downers
23+21 Grove Township; Lisle Township; Naperville Township;
24+22 Dundee Township; Elgin Township; St. Charles Township;
25+23 Geneva Township; Batavia Township; Aurora Township; Zion
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33-Township; Benton Township; Waukegan Township; Avon
34-Township; Libertyville Township; Shields Township; Vernon
35-Township; West Deerfield Township; Deerfield Township;
36-McHenry Township; Nunda Township; Algonquin Township;
37-DuPage Township; Homer Township; Lockport Township;
38-Plainfield Township; New Lenox Township; Joliet Township;
39-or Troy Township; and
40-(2) employs 50 or more covered employees in a
41-geographic area specified in paragraph (1) at an address
42-that is located within one mile of fixed-route transit
43-service.
44-"Public transit" means any transportation system within
45-the authority and jurisdiction of the Regional Transportation
46-Authority.
47-"Transit pass" means any pass, token, fare card, voucher,
48-or similar item entitling a person to transportation on public
49-transit.
50-Section 10. Transportation benefits program. All covered
51-employers shall provide a pre-tax commuter benefit to covered
52-employees. The pre-tax commuter benefit shall allow employees
53-to use pre-tax dollars for the purchase of a transit pass, via
54-payroll deduction, such that the costs for such purchases may
55-be excluded from the employee's taxable wages and compensation
56-up to the maximum amount permitted by federal tax law,
57-consistent with 26 U.S.C. 132(f) and the rules and regulations
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34+1 Township; Benton Township; Waukegan Township; Avon
35+2 Township; Libertyville Township; Shields Township; Vernon
36+3 Township; West Deerfield Township; Deerfield Township;
37+4 McHenry Township; Nunda Township; Algonquin Township;
38+5 DuPage Township; Homer Township; Lockport Township;
39+6 Plainfield Township; New Lenox Township; Joliet Township;
40+7 or Troy Township; and
41+8 (2) employs 50 or more covered employees in a
42+9 geographic area specified in paragraph (1) at an address
43+10 that is located within one mile of fixed-route transit
44+11 service.
45+12 "Public transit" means any transportation system within
46+13 the authority and jurisdiction of the Regional Transportation
47+14 Authority.
48+15 "Transit pass" means any pass, token, fare card, voucher,
49+16 or similar item entitling a person to transportation on public
50+17 transit.
51+18 Section 10. Transportation benefits program. All covered
52+19 employers shall provide a pre-tax commuter benefit to covered
53+20 employees. The pre-tax commuter benefit shall allow employees
54+21 to use pre-tax dollars for the purchase of a transit pass, via
55+22 payroll deduction, such that the costs for such purchases may
56+23 be excluded from the employee's taxable wages and compensation
57+24 up to the maximum amount permitted by federal tax law,
58+25 consistent with 26 U.S.C. 132(f) and the rules and regulations
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60-promulgated thereunder. A covered employer may comply with
61-this Section by participating in a program offered by the
62-Chicago Transit Authority or the Regional Transportation
63-Authority.
64-This benefit must be offered to all employees starting on
65-the employees' first full pay period after 120 days of
66-employment. All transit agencies shall market the existence of
67-this program and this Act to their riders in order to inform
68-affected employees and their employers.
69-Section 15. Regional Transit Authority map. The Regional
70-Transportation Authority shall make publicly available a
71-searchable map of addresses that are located within one mile
72-of fixed-route transit service.
73-Section 20. Application of Act. Nothing in this Act shall
74-be deemed to interfere with, impede, or in any way diminish the
75-right of employees to bargain collectively with their
76-employers through representatives of their own choosing in
77-order to establish wages or other conditions of work in excess
78-of the applicable minimum standards of the provisions of this
79-Act. Nothing in this Act shall be deemed to affect the validity
80-or change the terms of bona fide collective bargaining
81-agreements in force on the effective date of this Act. After
82-the effective date of this Act, requirements of this Act may be
83-waived in a bona fide collective bargaining agreement, but
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86-only if the waiver is set forth explicitly in such agreement in
87-clear and unambiguous terms.
88-Section 99. Effective date. This Act takes effect January
89-1, 2024.
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69+1 promulgated thereunder. A covered employer may comply with
70+2 this Section by participating in a program offered by the
71+3 Chicago Transit Authority or the Regional Transportation
72+4 Authority.
73+5 This benefit must be offered to all employees starting on
74+6 the employees' first full pay period after 120 days of
75+7 employment. All transit agencies shall market the existence of
76+8 this program and this Act to their riders in order to inform
77+9 affected employees and their employers.
78+10 Section 15. Regional Transit Authority map. The Regional
79+11 Transportation Authority shall make publicly available a
80+12 searchable map of addresses that are located within one mile
81+13 of fixed-route transit service.
82+14 Section 20. Application of Act. Nothing in this Act shall
83+15 be deemed to interfere with, impede, or in any way diminish the
84+16 right of employees to bargain collectively with their
85+17 employers through representatives of their own choosing in
86+18 order to establish wages or other conditions of work in excess
87+19 of the applicable minimum standards of the provisions of this
88+20 Act. Nothing in this Act shall be deemed to affect the validity
89+21 or change the terms of bona fide collective bargaining
90+22 agreements in force on the effective date of this Act. After
91+23 the effective date of this Act, requirements of this Act may be
92+24 waived in a bona fide collective bargaining agreement, but
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103+1 only if the waiver is set forth explicitly in such agreement in
104+2 clear and unambiguous terms.
105+3 Section 99. Effective date. This Act takes effect January
106+4 1, 2024.
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