Full Text of HB1663 94th General Assembly
HB1663ham001 94TH GENERAL ASSEMBLY
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Rep. Julie Hamos
Filed: 5/6/2005
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| AMENDMENT TO HOUSE BILL 1663
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| AMENDMENT NO. ______. Amend House Bill 1663 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Regional Transportation Authority Act is | 5 |
| amended by changing Sections 3A.08, 3A.09, and 4.01 and by | 6 |
| adding Section 2.30 as follows: | 7 |
| (70 ILCS 3615/2.30 new) | 8 |
| Sec. 2.30. Paratransit services. | 9 |
| (a)For purposes of this Act, "paratransit services" means | 10 |
| transportation services required under the federal Americans | 11 |
| With Disabilities Act of 1990 for any individual who, by reason | 12 |
| of illness, injury, age, congenital malfunction, or other | 13 |
| permanent or temporary incapacity or disability, has been | 14 |
| certified as unable, without special mass transportation | 15 |
| facilities or special planning or design, to use ordinary mass | 16 |
| transportation facilities and services as effectively as | 17 |
| persons who are not so affected. | 18 |
| (b) Beginning July 1, 2005, the Authority is responsible | 19 |
| for the funding, financial oversight, and coordination of all | 20 |
| paratransit services that are required to be provided by the | 21 |
| Authority or by any of the Service Boards. Beginning July 1, | 22 |
| 2006, all paratransit services for all Service Boards shall be | 23 |
| provided by the Suburban Bus Board. The Suburban Bus Board may | 24 |
| begin the transition of providing paratransit services prior to |
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| this date. | 2 |
| (c) No later than January 1, 2006, the Authority, in | 3 |
| consultation with the Suburban Bus Board, must adopt a plan for | 4 |
| the provision of paratransit services. The plan must set forth, | 5 |
| without limitation, provisions to: | 6 |
| (1)maintain or enhance existing levels of paratransit | 7 |
| service provided by the Service Boards, with no | 8 |
| interruption in service; | 9 |
| (2) provide a balanced budget for paratransit | 10 |
| services, with responsibility for funding and financial | 11 |
| oversight by the Authority; | 12 |
| (3) reconstitute the paratransit management structure, | 13 |
| and provide for the transfer of any necessary personnel, as | 14 |
| determined by an audit of the administrative expenses | 15 |
| related to the provision of paratransit services; | 16 |
| (4) transfer the appropriate paratransit service | 17 |
| contracts to the Authority or the Suburban Bus Board, as | 18 |
| necessary; | 19 |
| (5) provide for consistent policies throughout the | 20 |
| Authority service region for scheduling of paratransit | 21 |
| trips to and from destinations, with consideration of the | 22 |
| scheduling of return trips on a "will-call" open-ended | 23 |
| basis upon request of the rider, if practicable, and with | 24 |
| consideration of an increased number of trips available by | 25 |
| subscription service than are available as of the effective | 26 |
| date of this Act; | 27 |
| (6) provide for service contracts and rates with | 28 |
| private carriers and taxicabs for paratransit service by | 29 |
| means of an open procurement process; | 30 |
| (7) provide for fares, fare collection, and billing | 31 |
| procedures for paratransit services throughout the | 32 |
| Authority service region; | 33 |
| (8) provide for performance standards for all | 34 |
| paratransit transportation carriers, including |
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| door-to-door service; | 2 |
| (9) provide, in cooperation with the Department of | 3 |
| Public Aid and other appropriate agencies and private | 4 |
| entities, for the application and receipt of grants, | 5 |
| including, without limitation, reimbursement from Medicaid | 6 |
| or other programs for paratransit services; and | 7 |
| (10) provide for the system of dispatch of paratransit | 8 |
| transportation carriers throughout the Authority service | 9 |
| region, with consideration of county-based dispatch | 10 |
| systems already in place as of the effective date of this | 11 |
| Act.
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| The plan under this subsection must be filed with the | 13 |
| Federal Transit Administration. | 14 |
| (d)By no later than September 1, 2006, the ADA Advisory | 15 |
| Board of the Suburban Bus Board and all of the members of the | 16 |
| ADA Advisory Board of the Chicago Transit Authority shall be | 17 |
| combined to create the ADA Advisory Board of the RTA. This | 18 |
| newly reconstituted board is responsible initially with | 19 |
| assisting the Authority and the Suburban Bus Board in | 20 |
| organizing at least 2 public hearings to receive public input | 21 |
| on the paratransit service plan developed under subsection (c) | 22 |
| of this Section.
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| (70 ILCS 3615/3A.08) (from Ch. 111 2/3, par. 703A.08)
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| Sec. 3A.08. Jurisdiction.
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| (a) Any public transportation by bus within the
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| metropolitan region, other than public transportation by | 27 |
| commuter rail or
public transportation provided by the Chicago | 28 |
| Transit Authority pursuant
to agreements in effect on the | 29 |
| effective date of this amendatory Act of 1983
or in the City of | 30 |
| Chicago, shall be subject to the jurisdiction of the Suburban
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| Bus Board.
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| (b) Beginning July 1, 2006, the jurisdiction of the | 33 |
| Suburban Bus Board includes all the territory of the Regional |
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| Transportation Authority for the purposes of providing | 2 |
| paratransit services under Section 2.30 of this Act.
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| (Source: P.A. 83-886.)
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| (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
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| Sec. 3A.09. General Powers. In addition to any powers | 6 |
| elsewhere provided
to the Suburban Bus Board, it shall have all | 7 |
| of the powers specified in
Section 2.20 of this Act except for | 8 |
| the powers specified in Section 2.20
(a) (v). The Board shall | 9 |
| also have the power:
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| (a) to cooperate with the Regional Transportation | 11 |
| Authority in the
exercise by the Regional Transportation | 12 |
| Authority of all the powers granted
it by such Act;
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| (b) to receive funds from the Regional Transportation | 14 |
| Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and 4.10 | 15 |
| of the " Regional Transportation
Authority Act " , all as provided | 16 |
| in the " Regional Transportation Authority Act " ;
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| (c) to receive financial grants from the Regional | 18 |
| Transportation
Authority or a Service Board, as defined in the | 19 |
| "Regional Transportation
Authority Act", upon such terms and | 20 |
| conditions as shall be set forth in a
grant contract between | 21 |
| either the Division and the Regional Transportation
Authority | 22 |
| or the Division and another Service Board, which contract or
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| agreement may be for such number of years or duration as the | 24 |
| parties agree,
all as provided in the " Regional Transportation | 25 |
| Authority Act ;
." | 26 |
| (d) to perform all functions necessary for the provision of | 27 |
| paratransit services under Section 2.30 of this Act.
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| (Source: P.A. 83-885; 83-886.)
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| (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
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| Sec. 4.01. Budget and Program.
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| (a) The Board shall control the finances
of the Authority. | 32 |
| It shall by ordinance appropriate money to perform the
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| Authority's purposes and provide for payment of debts and | 2 |
| expenses of
the Authority. Each year the Authority shall | 3 |
| prepare and publish a
comprehensive annual budget and program | 4 |
| document describing the state of
the Authority and presenting | 5 |
| for the forthcoming fiscal year the
Authority's plans for such | 6 |
| operations and capital expenditures as the
Authority intends to | 7 |
| undertake and the means by which it intends to
finance them. | 8 |
| The proposed program and budget shall contain a statement
of | 9 |
| the funds estimated to be on hand at the beginning of the | 10 |
| fiscal
year, the funds estimated to be received from all | 11 |
| sources for such year
and the funds estimated to be on hand at | 12 |
| the end of such year. After
adoption of the Authority's first | 13 |
| Five-Year Program, as provided in
Section 2.01 of this Act, the | 14 |
| proposed program and budget shall
specifically identify any | 15 |
| respect in which the recommended program
deviates from the | 16 |
| Authority's then existing Five-Year Program, giving
the | 17 |
| reasons for such deviation. The fiscal year of the Authority | 18 |
| shall
begin on January 1st and end on the succeeding December | 19 |
| 31st except that
the fiscal year that began October 1, 1982, | 20 |
| shall end December 31, 1983.
By July 1st 1981 and July 1st of | 21 |
| each year thereafter the Director of the
Illinois
Governor's | 22 |
| Office of Management and Budget (formerly Bureau of the
Budget ) | 23 |
| shall submit
to the Authority an estimate of revenues for the | 24 |
| next fiscal year to be
collected from the taxes imposed by the | 25 |
| Authority and the amounts to be
available in the Public | 26 |
| Transportation Fund and the Regional Transportation
Authority | 27 |
| Occupation and Use Tax Replacement Fund. For the fiscal year | 28 |
| ending
on December 31, 1983, the Board shall report its results | 29 |
| from
operations and financial condition to the General Assembly | 30 |
| and the Governor
by January 31. For the fiscal year beginning | 31 |
| January
1, 1984, and thereafter, the budget and program shall | 32 |
| be presented to the
General Assembly and the Governor not later | 33 |
| than the preceding December
31st. Before the proposed budget | 34 |
| and program is adopted, the Authority
shall hold at least one |
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| public hearing thereon
in the metropolitan region. The Board | 2 |
| shall hold at least one meeting for
consideration of the | 3 |
| proposed program and budget with the county board of
each of | 4 |
| the several counties in the metropolitan region. After | 5 |
| conducting
such hearings and holding such meetings and after | 6 |
| making such changes
in the proposed program and budget as the | 7 |
| Board deems appropriate, the
Board shall adopt its annual | 8 |
| budget ordinance. The ordinance may be adopted
only upon the | 9 |
| affirmative votes of 9 of its then Directors. The
ordinance | 10 |
| shall appropriate such sums of money as are deemed necessary
to | 11 |
| defray all necessary expenses and obligations of the Authority,
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| specifying purposes and the objects or programs for which | 13 |
| appropriations
are made and the amount appropriated for each | 14 |
| object or program.
Additional appropriations, transfers | 15 |
| between items and other changes in
such ordinance may be made | 16 |
| from time to time by the Board upon the
affirmative votes of 9 | 17 |
| of its then Directors.
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| (b) The budget shall show a balance between anticipated | 19 |
| revenues from
all sources and anticipated expenses including | 20 |
| funding of operating deficits
or the discharge of encumbrances | 21 |
| incurred in prior periods and payment of
principal and interest | 22 |
| when due, and shall show cash balances sufficient
to pay with | 23 |
| reasonable promptness all obligations and expenses as | 24 |
| incurred.
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| The annual budget and financial plan must show : | 26 |
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(i) that the level of fares
and charges for mass | 27 |
| transportation , other than fares and charges for | 28 |
| paratransit services, provided by, or under grant or | 29 |
| purchase
of service contracts of, the Service Boards is | 30 |
| sufficient to cause the
aggregate of all projected fare | 31 |
| revenues from such fares and charges received
in each | 32 |
| fiscal year to equal at least 50% of the aggregate costs of | 33 |
| providing
such public transportation , other than fares and | 34 |
| charges for paratransit services, in such fiscal year ; and |
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| (ii) that the level of fares
and charges for | 2 |
| paratransit services provided by, or under grant or | 3 |
| purchase
of service contracts of, the Authority is | 4 |
| sufficient to cause the
aggregate of all projected fare | 5 |
| revenues from such fares and charges received
in each | 6 |
| fiscal year to equal at least 10% of the aggregate costs of | 7 |
| providing
such paratransit services in fiscal years 2007 | 8 |
| through 2008 and at least 12% of the aggregate costs of | 9 |
| providing
such paratransit services in fiscal years 2009 | 10 |
| and thereafter . | 11 |
| "Fare revenues" include
the proceeds of all fares and | 12 |
| charges for services provided, contributions
received in | 13 |
| connection with public transportation from units of local
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| government other than the Authority and from the State pursuant | 15 |
| to subsection
(i) of Section 2705-305 of the Department of | 16 |
| Transportation Law (20 ILCS
2705/2705-305), and all other | 17 |
| operating revenues properly included consistent
with generally | 18 |
| accepted accounting principles but do not include the proceeds
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| of any borrowings. "Costs" include all items properly included | 20 |
| as operating
costs consistent with generally accepted | 21 |
| accounting principles, including
administrative costs, but do | 22 |
| not include: depreciation; payment of principal
and interest on | 23 |
| bonds, notes or
other evidences of obligation for borrowed | 24 |
| money issued by the Authority;
payments with respect to public | 25 |
| transportation facilities made pursuant
to subsection (b) of | 26 |
| Section 2.20 of this Act; any payments with respect
to rate | 27 |
| protection contracts, credit enhancements or liquidity | 28 |
| agreements
made under Section 4.14; any other cost to which it
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| is reasonably expected that a cash expenditure
will not be | 30 |
| made; costs up to $5,000,000 annually for passenger
security | 31 |
| including grants, contracts, personnel, equipment and
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| administrative expenses, except in the case of the Chicago | 33 |
| Transit
Authority, in which case the term does not include | 34 |
| costs spent annually by
that entity for protection against |
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| crime as required by Section 27a of the
Metropolitan Transit | 2 |
| Authority Act; or costs as exempted by the Board for
projects | 3 |
| pursuant to Section 2.09 of this Act.
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| (c) The actual administrative expenses of the Authority for | 5 |
| the fiscal
year commencing January 1, 1985 may not exceed | 6 |
| $5,000,000.
The actual administrative expenses of the | 7 |
| Authority for the fiscal year
commencing January 1, 1986, and | 8 |
| for each fiscal year thereafter shall not
exceed the maximum | 9 |
| administrative expenses for the previous fiscal year plus
5%. | 10 |
| "Administrative
expenses" are defined for purposes of this | 11 |
| Section as all expenses except:
(1) capital expenses and | 12 |
| purchases of the Authority on behalf of the Service
Boards; (2) | 13 |
| payments to Service Boards; and (3) payment of principal
and | 14 |
| interest on bonds, notes or other evidence of obligation for | 15 |
| borrowed
money issued by the Authority; (4) costs for passenger | 16 |
| security including
grants, contracts, personnel, equipment and | 17 |
| administrative expenses; (5)
payments with respect to public | 18 |
| transportation facilities made pursuant to
subsection (b) of | 19 |
| Section 2.20 of this Act; and (6) any payments with
respect to | 20 |
| rate protection contracts, credit enhancements or liquidity
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| agreements made pursuant to Section 4.14.
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| (d) After withholding 15% of the proceeds of any tax | 23 |
| imposed by the
Authority and 15% of money received by the | 24 |
| Authority from the Regional
Transportation Authority | 25 |
| Occupation and Use Tax Replacement Fund,
the Board shall | 26 |
| allocate the proceeds and money remaining to the Service
Boards | 27 |
| as follows: (1) an amount equal to 85% of the proceeds of those
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| taxes collected within the City of Chicago and 85% of the money | 29 |
| received by
the Authority on account of transfers to the | 30 |
| Regional Transportation
Authority Occupation and Use Tax | 31 |
| Replacement Fund from the County and Mass
Transit District Fund | 32 |
| attributable to retail sales within the City of
Chicago shall | 33 |
| be allocated to the Chicago Transit
Authority; (2) an amount | 34 |
| equal to 85% of the proceeds of those taxes
collected within |
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| Cook County outside the City of Chicago and 85% of the
money | 2 |
| received by the Authority on account of transfers to the | 3 |
| Regional
Transportation Authority Occupation and Use Tax | 4 |
| Replacement Fund from the
County and Mass Transit District Fund | 5 |
| attributable to retail sales within
Cook County outside of the | 6 |
| city of Chicago shall be allocated
30% to the Chicago Transit | 7 |
| Authority, 55% to the Commuter Rail Board and
15% to the | 8 |
| Suburban Bus Board; and (3) an amount equal to 85% of the
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| proceeds of the taxes collected within the Counties of DuPage, | 10 |
| Kane, Lake,
McHenry and Will shall be allocated 70% to the | 11 |
| Commuter Rail Board and 30%
to the Suburban Bus Board.
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| (e) Moneys received by the Authority on account of | 13 |
| transfers to the
Regional Transportation Authority Occupation | 14 |
| and Use Tax Replacement Fund
from the State and Local Sales Tax | 15 |
| Reform Fund shall be
allocated among the Authority and the | 16 |
| Service Boards as follows: 15% of
such moneys shall be retained | 17 |
| by the Authority and the remaining 85%
shall be transferred to | 18 |
| the Service Boards as soon as may be
practicable after the | 19 |
| Authority receives payment. Moneys which are
distributable to | 20 |
| the Service Boards pursuant to the preceding sentence
shall be | 21 |
| allocated among the Service Boards on the basis of each Service
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| Board's distribution ratio. The term "distribution ratio" | 23 |
| means,
for purposes of this subsection (e) of this Section | 24 |
| 4.01, the ratio of
the total amount distributed to a Service | 25 |
| Board pursuant to subsection (d)
of Section 4.01 for the | 26 |
| immediately preceding calendar year to the total
amount | 27 |
| distributed to all of the Service Boards pursuant to subsection | 28 |
| (d)
of Section 4.01 for the immediately preceding calendar | 29 |
| year.
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| To further and accomplish the preparation of the annual | 31 |
| budget and
program as well as the Five-Year Program provided | 32 |
| for in Section 2.01 of
this Act and to make such interim | 33 |
| management decisions as may be
necessary, the Board shall | 34 |
| employ staff which shall: (1) evaluate for
the Board public |
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| transportation programs operated or proposed by
transportation | 2 |
| agencies in terms of goals, costs and relative
priorities; (2) | 3 |
| keep the Board informed of the public transportation
programs | 4 |
| and accomplishments of such transportation agencies; and (3)
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| coordinate the development and implementation of public | 6 |
| transportation
programs to the end that the monies available to | 7 |
| the Authority may be
expended in the most economical manner | 8 |
| possible with the least possible
duplication. Under such | 9 |
| regulations as the Board may prescribe, all
Service Boards, | 10 |
| transportation agencies, comprehensive planning agencies or
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| transportation planning agencies in the metropolitan region | 12 |
| shall
furnish to the Board such information pertaining to | 13 |
| public
transportation or relevant for plans therefor as it may | 14 |
| from time to time
require, upon payment to any such agency or | 15 |
| Service Board of the reasonable
additional cost of its so | 16 |
| providing such information except as may
otherwise be provided | 17 |
| by agreement with the Authority, and the Board or
any duly | 18 |
| authorized employee of the Board shall, for the purpose of
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| securing such information, have access to, and the right to | 20 |
| examine, all
books, documents, papers or records of any such | 21 |
| agency or Service Board
pertaining to public transportation or | 22 |
| relevant for plans therefor.
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| (Source: P.A. 91-51, eff. 6-30-99; 91-239, eff. 1-1-00; revised | 24 |
| 8-23-03.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.".
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