HB2802sam001 100TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/24/2017

10000HB2802sam001 LRB100 06136 JLS 26597 a

AMENDMENT TO HOUSE BILL 2802

AMENDMENT NO. ______. Amend House Bill 2802 by replacing everything after the enacting clause with the following:

"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 10 hours of work per week for compensation on a full-time or part-time basis.

"Covered employer" means an employer:

(i) that is within: 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

(ii) for which an average of 25 or more full-time employees work for compensation.

"Employer" means any individual, partnership, association, corporation, limited liability company, government, non-profit organization, or business trust who directly or indirectly, or through an agent or any other person, employs or exercises control over wages, hours, or working conditions of an employee.

"Public transit" means any transportation system within the authority and jurisdiction of the Regional Transportation Authority.

"Qualified parking" means parking provided to an employee on or near the business premises of the employer or on or near a location from which the employee commutes to work by transportation on public transit. "Qualified parking" does not include parking on or near property used by the employee for residential purposes.

"Transit pass" means any pass, token, fare card, voucher, or similar item entitling a person to transportation on public transit.

Section 10. Transportation benefits program. All covered employers shall provide a program consistent with 26 U.S.C. 132(f) 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. 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 the employees' first full pay period after 30 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 99. Effective date. This Act takes effect January 1, 2018.".