Rep. Elaine Nekritz

Filed: 3/22/2011





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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 2.01d as follows:
6    (70 ILCS 3615/2.01d)
7    Sec. 2.01d. ADA Paratransit Fund. The Authority shall
8establish an ADA Paratransit Fund and, each year, deposit into
9that Fund the amounts directed by Section 4.03.3 of this Act,
10any funds deposited in accordance with this Section necessary
11to fully fund ADA paratransit services, and any funds received
12from the State pursuant to appropriations for the purpose of
13funding ADA paratransit services. In 2012 and each year
14thereafter, notwithstanding anything in this Act to the
15contrary, the Authority shall deposit into the ADA Paratransit
16Fund no less than 105% of the actual funding expended on ADA



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1paratransit services in the prior year. Beginning in 2011, by
2September 15th of each year, the Executive Director shall
3provide to the Board a written determination of the projected
4annual costs for the upcoming calendar year of ADA paratransit
5services that are required to be provided pursuant to the
6Americans with Disabilities Act of 1990 and its implementing
7regulations to determine if the amount of funding available for
8that year in the ADA Paratransit Fund is sufficient to cover
9the estimated cost of ADA paratransit services for that year.
10If the Authority determines that the funding available for ADA
11paratransit services from the ADA Paratransit Fund is
12insufficient to meet the operating deficit for ADA paratransit
13services for the upcoming calendar year, then the Authority
14shall deposit from the Authority's discretionary funds an
15amount equal to the projected shortfall into the ADA
16Paratransit Fund. The amounts on deposit in the Fund and
17interest and other earnings on those amounts shall be used by
18the Authority to make grants to the Suburban Bus Board for ADA
19paratransit services provided pursuant to plans approved by the
20Authority under Section 2.30 of this Act. Funds received by the
21Suburban Bus Board from the Authority's ADA Paratransit Fund
22shall be used only to provide ADA paratransit services to
23individuals who are determined to be eligible for such services
24by the Authority under the Americans with Disabilities Act of
251990 and its implementing regulations. Revenues from and costs
26of services provided by the Suburban Bus Board with grants made



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1under this Section shall be included in the Annual Budget and
2Two-Year Financial Program of the Suburban Bus Board and shall
3be subject to all budgetary and financial requirements under
4this Act that apply to ADA paratransit services. Beginning in
52008, the Executive Director shall, no later than August 15 of
6each year, provide to the Board a written determination of the
7projected annual costs of ADA paratransit services that are
8required to be provided pursuant to the Americans with
9Disabilities Act of 1990 and its implementing regulations. The
10Authority shall conduct triennial financial, compliance, and
11performance audits of ADA paratransit services to assist in
12this determination.
13(Source: P.A. 95-708, eff. 1-18-08.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".