Rep. Theresa Mah

Filed: 3/21/2023





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2    AMENDMENT NO. ______. Amend House Bill 2068 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Transportation Benefits Program Act.
6    Section 5. Definitions. As used in this Act:
7    "Covered employee" means any person who performs an
8average of at least 35 hours of work per week for compensation
9on a full-time basis.
10    "Covered employer" means any individual, partnership,
11association, corporation, limited liability company,
12government, non-profit organization, or business trust that
13directly or indirectly, or through an agent or any other
14person, employs or exercises control over wages, hours, or
15working conditions of an employee, and that:
16        (1) is located in: Cook County; Warren Township in



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1    Lake County; Grant Township in Lake County; Frankfort
2    Township in Will County; Wheatland Township in Will
3    County; Addison Township; Bloomingdale Township; York
4    Township; Milton Township; Winfield Township; Downers
5    Grove Township; Lisle Township; Naperville Township;
6    Dundee Township; Elgin Township; St. Charles Township;
7    Geneva Township; Batavia Township; Aurora Township; Zion
8    Township; Benton Township; Waukegan Township; Avon
9    Township; Libertyville Township; Shields Township; Vernon
10    Township; West Deerfield Township; Deerfield Township;
11    McHenry Township; Nunda Township; Algonquin Township;
12    DuPage Township; Homer Township; Lockport Township;
13    Plainfield Township; New Lenox Township; Joliet Township;
14    or Troy Township; and
15        (2) employs 50 or more covered employees in a
16    geographic area specified in paragraph (1) at an address
17    that is located within one mile of regularly scheduled
18    transit service.
19    "Public transit" means any transportation system within
20the authority and jurisdiction of the Regional Transportation
22    "Transit pass" means any pass, token, fare card, voucher,
23or similar item entitling a person to transportation on public
25    Section 10. Transportation benefits program. All covered



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1employers shall provide a pre-tax commuter benefit to covered
2employees. The pre-tax commuter benefit shall allow employees
3to use pre-tax dollars for the purchase of a transit pass or
4qualified parking, via payroll deduction, such that the costs
5for such purchases may be excluded from the employee's taxable
6wages and compensation up to the maximum amount permitted by
7federal tax law, consistent with 26 U.S.C. 132(f) and the
8rules and regulations promulgated thereunder. A covered
9employer may comply with this Section by participating in a
10program offered by the Chicago Transit Authority or the
11Regional Transportation Authority.
12    This benefit must be offered to all employees starting on
13the employees' first full pay period after 120 days of
14employment. All transit agencies shall market the existence of
15this program and this Act to their riders in order to inform
16affected employees and their employers.
17    Section 15. Regional Transit Authority database. The
18Regional Transportation Authority shall make publicly
19available a searchable database of addresses that are located
20within one mile of regularly scheduled transit service.
21    Section 20. Application of Act. Nothing in this Act shall
22be deemed to interfere with, impede, or in any way diminish the
23right of employees to bargain collectively with their
24employers through representatives of their own choosing in



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1order to establish wages or other conditions of work in excess
2of the applicable minimum standards of the provisions of this
3Act. Nothing in this Act shall be deemed to affect the validity
4or change the terms of bona fide collective bargaining
5agreements in force on the effective date of this Act. After
6the effective date of this Act, requirements of this Act may be
7waived in a bona fide collective bargaining agreement, but
8only if the waiver is set forth explicitly in such agreement in
9clear and unambiguous terms.
10    Section 99. Effective date. This Act takes effect January
111, 2024.".