Sen. Ram Villivalam

Filed: 5/8/2023





10300HB2068sam001LRB103 05203 SPS 61604 a


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



10300HB2068sam001- 2 -LRB103 05203 SPS 61604 a

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 fixed-route transit
18    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



10300HB2068sam001- 3 -LRB103 05203 SPS 61604 a

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, via
4payroll deduction, such that the costs for such purchases may
5be excluded from the employee's taxable wages and compensation
6up to the maximum amount permitted by federal tax law,
7consistent with 26 U.S.C. 132(f) and the rules and regulations
8promulgated thereunder. A covered employer may comply with
9this Section by participating in a program offered by the
10Chicago Transit Authority or the Regional Transportation
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 map. The Regional
18Transportation Authority shall make publicly available a
19searchable map of addresses that are located within one mile
20of fixed-route 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



10300HB2068sam001- 4 -LRB103 05203 SPS 61604 a

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.".