Bill Text: IL HB2802 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Transportation Benefits Program Act. Requires all covered employers to offer at least one transportation benefit program. Provides that the employer may choose between providing a program consistent with federal law that allows employees 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, or a program under which the employer supplies a transit pass for the particular qualifying public transit requested by the covered employee or reimburses the covered employee for payments made for the use of qualified parking. Defines terms. Effective January 1, 2018.

Spectrum: Partisan Bill (Democrat 58-0)

Status: (Engrossed) 2017-05-31 - Senate Floor Amendment No. 2 Recommend Do Adopt Transportation; 014-000-000 [HB2802 Detail]

Download: Illinois-2017-HB2802-Engrossed.html



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1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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 average
8of at least 10 hours of work per week for compensation within
9the geographic boundaries of the jurisdiction of the Regional
10Transportation Authority for the same employer within the
11previous calendar month. All persons performing work for
12compensation on a full-time, part-time, or temporary basis
13shall be counted, including persons made available to work
14through the services of a temporary services or staffing agency
15or similar entity.
16 "Covered employer" means an employer within the geographic
17boundaries of the Regional Transportation Authority
18jurisdiction for which an average of 25 or more full-time
19employees work for compensation.
20 "Employer" means any individual, partnership, association,
21corporation, limited liability company, or business trust who
22directly or indirectly, or through an agent or any other
23person, employs or exercises control over wages, hours, or

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1working conditions of an employee.
2 "Public transit" means any transportation system within
3the authority and jurisdiction of the Regional Transportation
4Authority.
5 "Qualified parking" means parking provided to an employee
6on or near the business premises of the employer or on or near
7a location from which the employee commutes to work by
8transportation on public transit. "Qualified parking" does not
9include parking on or near property used by the employee for
10residential purposes.
11 "Transit pass" means any pass, token, fare card, voucher,
12or similar item entitling a person to transportation on public
13transit.
14 Section 10. Transportation benefits program.
15 (a) Except as provided in subsection (b), all covered
16employers shall provide at least one of the following
17transportation benefit programs to covered employees:
18 (1) A program consistent with 26 U.S.C. 132(f) that
19 allows employees to elect to exclude from taxable wages and
20 compensation the employee's commuting costs incurred for
21 the purchase of a transit pass to use public transit or for
22 the purchase of qualified parking, up to a maximum level
23 allowed by federal tax law.
24 (2) A program under which the employer supplies a
25 transit pass for the particular qualifying public transit

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1 requested by the covered employee or reimburses the covered
2 employee for payments made for the use of qualified
3 parking.
4 (b) This Act does not apply to a covered employer whose
5place of business is located in a zip code in which
6regularly-scheduled transit service does not operate.
7 Section 15. List of zip codes. The Regional Transportation
8Authority shall prepare a list of zip codes within the
9geographic area of the Authority in which regularly-scheduled
10transit service does not operate. The Authority shall publish
11the list of zip codes on its website.
12 Section 99. Effective date. This Act takes effect January
131, 2018.
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