Full Text of HB0585 97th General Assembly
HB0585ham001 97TH GENERAL ASSEMBLY | Rep. Al Riley Filed: 3/2/2011
| | 09700HB0585ham001 | | LRB097 03412 RLJ 51662 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 585
| 2 | | AMENDMENT NO. ______. Amend House Bill 585 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regional Transportation Authority Act is | 5 | | amended 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" | 9 | | shall mean those comparable or specialized transportation | 10 | | services provided by, or under grant or purchase of service | 11 | | contracts of, the Service Boards to individuals with | 12 | | disabilities who are unable to use fixed route transportation | 13 | | systems and who are determined to be eligible, for some or all | 14 | | of their trips, for such services under the Americans with | 15 | | Disabilities Act of 1990 and its implementing regulations. | 16 | | (b) Beginning July 1, 2005, the Authority is responsible |
| | | 09700HB0585ham001 | - 2 - | LRB097 03412 RLJ 51662 a |
|
| 1 | | for the funding, from amounts on deposit in the ADA Paratransit | 2 | | Fund established under Section 2.01d of this Act, financial | 3 | | review , and oversight of all ADA paratransit services that are | 4 | | provided by the Authority or by any of the Service Boards. If | 5 | | the Board determines that the funding available for ADA | 6 | | paratransit services from the ADA Paratransit Fund is | 7 | | insufficient to meet the operating deficit for ADA paratransit | 8 | | services and the actions taken by the Authority are inadequate | 9 | | to eliminate the shortfall, then the Board shall, by ordinance, | 10 | | authorize the issuance of working cash notes subject to the | 11 | | requirements set forth in Section 4.04. The proceeds of the | 12 | | working cash notes shall be in an amount equal to the shortfall | 13 | | in funding for ADA paratransit services in that year and | 14 | | deposited into the ADA Paratransit Fund. The working cash notes | 15 | | issued under this Section shall not constitute a debt or pledge | 16 | | of the full faith and credit of the State or any political | 17 | | subdivision of the State other than the Authority. The Suburban | 18 | | Bus Board shall operate or provide for the operation of all ADA | 19 | | paratransit services by no later than July 1, 2006, except that | 20 | | this date may be extended to the extent necessary to obtain | 21 | | approval from the Federal Transit Administration of the plan | 22 | | prepared pursuant to subsection (c). | 23 | | (c) No later than January 1, 2006, the Authority, in | 24 | | collaboration with the Suburban Bus Board and the Chicago | 25 | | Transit Authority, shall develop a plan for the provision of | 26 | | ADA paratransit services and submit such plan to the Federal |
| | | 09700HB0585ham001 | - 3 - | LRB097 03412 RLJ 51662 a |
|
| 1 | | Transit Administration for approval. Approval of such plan by | 2 | | the Authority shall require the affirmative votes of 12
of the | 3 | | then Directors. The Suburban Bus Board, the Chicago Transit | 4 | | Authority and the Authority shall comply with the requirements | 5 | | of the Americans with Disabilities Act of 1990 and its | 6 | | implementing regulations in developing and approving such plan | 7 | | including, without limitation, consulting with individuals | 8 | | with disabilities and groups representing them in the | 9 | | community, and providing adequate opportunity for public | 10 | | comment and public hearings. The plan shall include the | 11 | | contents required for a paratransit plan pursuant to the | 12 | | Americans with Disabilities Act of 1990 and its implementing | 13 | | regulations. The plan shall also include, without limitation, | 14 | | provisions 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); |
| | | 09700HB0585ham001 | - 4 - | LRB097 03412 RLJ 51662 a |
|
| 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; |
| | | 09700HB0585ham001 | - 5 - | LRB097 03412 RLJ 51662 a |
|
| 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 | 20 | | services plan developed pursuant to subsection (c) of this | 21 | | Section, or certifications of continued compliance in lieu of | 22 | | plan updates, that are required to be provided to the Federal | 23 | | Transit Administration shall be developed by the Authority, in | 24 | | collaboration with the Suburban Bus Board and the Chicago | 25 | | Transit Authority, and the Authority shall submit such | 26 | | revision, update or certification to the Federal Transit |
| | | 09700HB0585ham001 | - 6 - | LRB097 03412 RLJ 51662 a |
|
| 1 | | Administration for approval. Approval of such revisions, | 2 | | updates or certifications by the Authority shall require the | 3 | | affirmative votes of 12
of the then Directors. | 4 | | (e) The Illinois Department of Transportation, the | 5 | | Illinois Department of Public Aid, the Authority, the Suburban | 6 | | Bus Board and the Chicago Transit Authority shall enter into | 7 | | intergovernmental agreements as may be necessary to provide | 8 | | funding and accountability for, and implementation of, the | 9 | | requirements of this Section. | 10 | | (f) By no later than April 1, 2007, the Authority shall | 11 | | develop and submit to the General Assembly and the Governor a | 12 | | funding plan for ADA paratransit services. Approval of such | 13 | | plan by the Authority shall require the affirmative votes of 12
| 14 | | of the then Directors. The funding plan shall, at a minimum, | 15 | | contain an analysis of the current costs of providing ADA | 16 | | paratransit services, projections of the long-term costs of | 17 | | providing ADA paratransit services, identification of and | 18 | | recommendations for possible cost efficiencies in providing | 19 | | ADA paratransit services, and identification of and | 20 | | recommendations for possible funding sources for providing ADA | 21 | | paratransit services. The Illinois Department of | 22 | | Transportation, the Illinois Department of Public Aid, the | 23 | | Suburban Bus Board, the Chicago Transit Authority and other | 24 | | State and local public agencies as appropriate shall cooperate | 25 | | with the Authority in the preparation of such funding plan. | 26 | | (g) Any funds derived from the federal Medicaid program for |
| | | 09700HB0585ham001 | - 7 - | LRB097 03412 RLJ 51662 a |
|
| 1 | | reimbursement of the costs of providing ADA paratransit | 2 | | services within the metropolitan region shall be directed to | 3 | | the Authority and shall be used to pay for or reimburse the | 4 | | costs of providing such services. | 5 | | (h) Nothing in this amendatory Act shall be construed to | 6 | | conflict with the requirements of the Americans with | 7 | | Disabilities Act of 1990 and its implementing regulations.
| 8 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)".
|
|