Illinois General Assembly - Full Text of HB0585
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Full Text of HB0585  97th General Assembly


Rep. Al Riley

Filed: 3/2/2011





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2    AMENDMENT NO. ______. Amend House Bill 585 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regional Transportation Authority Act is
5amended by changing Section 2.30 as follows:
6    (70 ILCS 3615/2.30)
7    Sec. 2.30. Paratransit services.
8    (a) For purposes of this Act, "ADA paratransit services"
9shall mean those comparable or specialized transportation
10services provided by, or under grant or purchase of service
11contracts of, the Service Boards to individuals with
12disabilities who are unable to use fixed route transportation
13systems and who are determined to be eligible, for some or all
14of their trips, for such services under the Americans with
15Disabilities Act of 1990 and its implementing regulations.
16    (b) Beginning July 1, 2005, the Authority is responsible



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1for the funding, from amounts on deposit in the ADA Paratransit
2Fund established under Section 2.01d of this Act, financial
3review, and oversight of all ADA paratransit services that are
4provided by the Authority or by any of the Service Boards. If
5the Board determines that the funding available for ADA
6paratransit services from the ADA Paratransit Fund is
7insufficient to meet the operating deficit for ADA paratransit
8services and the actions taken by the Authority are inadequate
9to eliminate the shortfall, then the Board shall, by ordinance,
10authorize the issuance of working cash notes subject to the
11requirements set forth in Section 4.04. The proceeds of the
12working cash notes shall be in an amount equal to the shortfall
13in funding for ADA paratransit services in that year and
14deposited into the ADA Paratransit Fund. The working cash notes
15issued under this Section shall not constitute a debt or pledge
16of the full faith and credit of the State or any political
17subdivision of the State other than the Authority. The Suburban
18Bus Board shall operate or provide for the operation of all ADA
19paratransit services by no later than July 1, 2006, except that
20this date may be extended to the extent necessary to obtain
21approval from the Federal Transit Administration of the plan
22prepared pursuant to subsection (c).
23    (c) No later than January 1, 2006, the Authority, in
24collaboration with the Suburban Bus Board and the Chicago
25Transit Authority, shall develop a plan for the provision of
26ADA paratransit services and submit such plan to the Federal



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1Transit Administration for approval. Approval of such plan by
2the Authority shall require the affirmative votes of 12 of the
3then Directors. The Suburban Bus Board, the Chicago Transit
4Authority and the Authority shall comply with the requirements
5of the Americans with Disabilities Act of 1990 and its
6implementing regulations in developing and approving such plan
7including, without limitation, consulting with individuals
8with disabilities and groups representing them in the
9community, and providing adequate opportunity for public
10comment and public hearings. The plan shall include the
11contents required for a paratransit plan pursuant to the
12Americans with Disabilities Act of 1990 and its implementing
13regulations. The plan shall also include, without limitation,
14provisions to:
15        (1) maintain, at a minimum, the levels of ADA
16    paratransit service that are required to be provided by the
17    Service Boards pursuant to the Americans with Disabilities
18    Act of 1990 and its implementing regulations;
19        (2) transfer the appropriate ADA paratransit services,
20    management, personnel, service contracts and assets from
21    the Chicago Transit Authority to the Authority or the
22    Suburban Bus Board, as necessary, by no later than July 1,
23    2006, except that this date may be extended to the extent
24    necessary to obtain approval from the Federal Transit
25    Administration of the plan prepared pursuant to this
26    subsection (c);



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1        (3) provide for consistent policies throughout the
2    metropolitan region for scheduling of ADA paratransit
3    service trips to and from destinations, with consideration
4    of scheduling of return trips on a "will-call" open-ended
5    basis upon request of the rider, if practicable, and with
6    consideration of an increased number of trips available by
7    subscription service than are available as of the effective
8    date of this amendatory Act;
9        (4) provide that service contracts and rates, entered
10    into or set after the approval by the Federal Transit
11    Administration of the plan prepared pursuant to subsection
12    (c) of this Section, with private carriers and taxicabs for
13    ADA paratransit service are procured by means of an open
14    procurement process;
15        (5) provide for fares, fare collection and billing
16    procedures for ADA paratransit services throughout the
17    metropolitan region;
18        (6) provide for performance standards for all ADA
19    paratransit service transportation carriers, with
20    consideration of door-to-door service;
21        (7) provide, in cooperation with the Illinois
22    Department of Transportation, the Illinois Department of
23    Public Aid and other appropriate public agencies and
24    private entities, for the application and receipt of
25    grants, including, without limitation, reimbursement from
26    Medicaid or other programs for ADA paratransit services;



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1        (8) provide for a system of dispatch of ADA paratransit
2    services transportation carriers throughout the
3    metropolitan region, with consideration of county-based
4    dispatch systems already in place as of the effective date
5    of this amendatory Act;
6        (9) provide for a process of determining eligibility
7    for ADA paratransit services that complies with the
8    Americans with Disabilities Act of 1990 and its
9    implementing regulations;
10        (10) provide for consideration of innovative methods
11    to provide and fund ADA paratransit services; and
12        (11) provide for the creation of one or more ADA
13    advisory boards, or the reconstitution of the existing ADA
14    advisory boards for the Service Boards, to represent the
15    diversity of individuals with disabilities in the
16    metropolitan region and to provide appropriate ongoing
17    input from individuals with disabilities into the
18    operation of ADA paratransit services.
19    (d) All revisions and annual updates to the ADA paratransit
20services plan developed pursuant to subsection (c) of this
21Section, or certifications of continued compliance in lieu of
22plan updates, that are required to be provided to the Federal
23Transit Administration shall be developed by the Authority, in
24collaboration with the Suburban Bus Board and the Chicago
25Transit Authority, and the Authority shall submit such
26revision, update or certification to the Federal Transit



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1Administration for approval. Approval of such revisions,
2updates or certifications by the Authority shall require the
3affirmative votes of 12 of the then Directors.
4    (e) The Illinois Department of Transportation, the
5Illinois Department of Public Aid, the Authority, the Suburban
6Bus Board and the Chicago Transit Authority shall enter into
7intergovernmental agreements as may be necessary to provide
8funding and accountability for, and implementation of, the
9requirements of this Section.
10    (f) By no later than April 1, 2007, the Authority shall
11develop and submit to the General Assembly and the Governor a
12funding plan for ADA paratransit services. Approval of such
13plan by the Authority shall require the affirmative votes of 12
14of the then Directors. The funding plan shall, at a minimum,
15contain an analysis of the current costs of providing ADA
16paratransit services, projections of the long-term costs of
17providing ADA paratransit services, identification of and
18recommendations for possible cost efficiencies in providing
19ADA paratransit services, and identification of and
20recommendations for possible funding sources for providing ADA
21paratransit services. The Illinois Department of
22Transportation, the Illinois Department of Public Aid, the
23Suburban Bus Board, the Chicago Transit Authority and other
24State and local public agencies as appropriate shall cooperate
25with the Authority in the preparation of such funding plan.
26    (g) Any funds derived from the federal Medicaid program for



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1reimbursement of the costs of providing ADA paratransit
2services within the metropolitan region shall be directed to
3the Authority and shall be used to pay for or reimburse the
4costs of providing such services.
5    (h) Nothing in this amendatory Act shall be construed to
6conflict with the requirements of the Americans with
7Disabilities Act of 1990 and its implementing regulations.
8(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)".