96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4585

 

Introduced , by Rep. Michael W. Tryon - Ed Sullivan, Jr.

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3615/2.01d
70 ILCS 3615/2.01e
70 ILCS 3615/2.30
70 ILCS 3615/3A.08   from Ch. 111 2/3, par. 703A.08
70 ILCS 3615/3A.09   from Ch. 111 2/3, par. 703A.09
70 ILCS 3615/4.03.3

    Amends the Regional Transportation Authority Act. Provides that beginning January 1, 2010, the Chicago Transit Authority is responsible for and must coordinate the provision of ADA paratransit services within the City of Chicago (now, Suburban Bus Board provides ADA paratransit services within the City of Chicago). Makes conforming changes. Changes the name of the Suburban Community Mobility Fund to the Metropolitan Mobility Fund. Effective immediately.


LRB096 13338 RLJ 28028 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4585 LRB096 13338 RLJ 28028 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Regional Transportation Authority Act is
5 amended by changing Sections 2.01d, 2.01e, 2.30, 3A.08, 3A.09,
6 and 4.03.3 as follows:
 
7     (70 ILCS 3615/2.01d)
8     Sec. 2.01d. ADA Paratransit Fund. The Authority shall
9 establish an ADA Paratransit Fund and, each year, deposit into
10 that Fund the amounts directed by Section 4.03.3 of this Act
11 and any funds received from the State pursuant to
12 appropriations for the purpose of funding ADA paratransit
13 services. The amounts on deposit in the Fund and interest and
14 other earnings on those amounts shall be used by the Authority
15 to make grants to the Suburban Bus Board and the Chicago
16 Transit Authority for ADA paratransit services provided
17 pursuant to plans approved by the Authority under Section 2.30
18 of this Act. Funds received by the Suburban Bus Board or the
19 Chicago Transit Authority from the Authority's ADA Paratransit
20 Fund shall be used only to provide ADA paratransit services to
21 individuals who are determined to be eligible for such services
22 by the Authority under the Americans with Disabilities Act of
23 1990 and its implementing regulations. Revenues from and costs

 

 

HB4585 - 2 - LRB096 13338 RLJ 28028 b

1 of services provided by the Suburban Bus Board or the Chicago
2 Transit Authority with grants made under this Section shall be
3 included in the Annual Budget and Two-Year Financial Program of
4 the Suburban Bus Board or the Chicago Transit Authority and
5 shall be subject to all budgetary and financial requirements
6 under this Act that apply to ADA paratransit services.
7 Beginning in 2008, the Executive Director shall, no later than
8 August 15 of each year, provide to the Board a written
9 determination of the projected annual costs of ADA paratransit
10 services that are required to be provided pursuant to the
11 Americans with Disabilities Act of 1990 and its implementing
12 regulations. The Authority shall conduct triennial financial,
13 compliance, and performance audits of ADA paratransit services
14 to assist in this determination.
15 (Source: P.A. 95-708, eff. 1-18-08.)
 
16     (70 ILCS 3615/2.01e)
17     Sec. 2.01e. Metropolitan Suburban Community Mobility Fund.
18 The Authority shall establish a Metropolitan Suburban
19 Community Mobility Fund and, each year, deposit into that Fund
20 the amounts directed by Section 4.03.3 of this Act. The amounts
21 on deposit in the Fund and interest and other earnings on those
22 amounts shall be used by the Authority to make grants to the
23 Suburban Bus Board and the Chicago Transit Authority for the
24 purpose of operating transit services, other than traditional
25 fixed-route services, that enhance metropolitan suburban

 

 

HB4585 - 3 - LRB096 13338 RLJ 28028 b

1 mobility, including, but not limited to, demand-responsive
2 transit services, ride sharing, van pooling, service
3 coordination, centralized dispatching and call taking, reverse
4 commuting, service restructuring, and bus rapid transit.
5 Revenues from and costs of services provided by the Suburban
6 Bus Board or the Chicago Transit Authority with moneys from the
7 Metropolitan Suburban Community Mobility Fund shall be
8 included in the Annual Budget and Two-Year Financial Program of
9 the Suburban Bus Board or the Chicago Transit Authority and
10 shall be subject to all budgetary and financial requirements
11 under this Act.
12 (Source: P.A. 95-708, eff. 1-18-08.)
 
13     (70 ILCS 3615/2.30)
14     Sec. 2.30. Paratransit services.
15     (a) For purposes of this Act, "ADA paratransit services"
16 shall mean those comparable or specialized transportation
17 services provided by, or under grant or purchase of service
18 contracts of, the Service Boards to individuals with
19 disabilities who are unable to use fixed route transportation
20 systems and who are determined to be eligible, for some or all
21 of their trips, for such services under the Americans with
22 Disabilities Act of 1990 and its implementing regulations.
23     (b) Beginning July 1, 2005, the Authority is responsible
24 for the funding, from amounts on deposit in the ADA Paratransit
25 Fund established under Section 2.01d of this Act, financial

 

 

HB4585 - 4 - LRB096 13338 RLJ 28028 b

1 review and oversight of all ADA paratransit services that are
2 provided by the Authority or by any of the Service Boards. The
3 Suburban Bus Board shall operate or provide for the operation
4 of all ADA paratransit services until January 1, 2010 by no
5 later than July 1, 2006, except that this date may be extended
6 to the extent necessary to obtain approval from the Federal
7 Transit Administration of the plan prepared pursuant to
8 subsection (c). Beginning January 1, 2010, the Chicago Transit
9 Authority shall operate or provide for the operation of ADA
10 paratransit services within the City of Chicago.
11     (c) No later than January 1, 2006, the Authority, in
12 collaboration with the Suburban Bus Board and the Chicago
13 Transit Authority, shall develop a plan for the provision of
14 ADA paratransit services and submit such plan to the Federal
15 Transit Administration for approval. Approval of such plan by
16 the Authority shall require the affirmative votes of 12 of the
17 then Directors. The Suburban Bus Board, the Chicago Transit
18 Authority and the Authority shall comply with the requirements
19 of the Americans with Disabilities Act of 1990 and its
20 implementing regulations in developing and approving such plan
21 including, without limitation, consulting with individuals
22 with disabilities and groups representing them in the
23 community, and providing adequate opportunity for public
24 comment and public hearings. The plan shall include the
25 contents required for a paratransit plan pursuant to the
26 Americans with Disabilities Act of 1990 and its implementing

 

 

HB4585 - 5 - LRB096 13338 RLJ 28028 b

1 regulations. The plan shall also include, without limitation,
2 provisions to:
3         (1) maintain, at a minimum, the levels of ADA
4     paratransit service that are required to be provided by the
5     Service Boards pursuant to the Americans with Disabilities
6     Act of 1990 and its implementing regulations;
7         (2) (blank) transfer the appropriate ADA paratransit
8     services, management, personnel, service contracts and
9     assets from the Chicago Transit Authority to the Authority
10     or the Suburban Bus Board, as necessary, by no later than
11     July 1, 2006, except that this date may be extended to the
12     extent necessary to obtain approval from the Federal
13     Transit Administration of the plan prepared pursuant to
14     this subsection (c);
15         (3) provide for consistent policies throughout the
16     metropolitan region for scheduling of ADA paratransit
17     service trips to and from destinations, with consideration
18     of scheduling of return trips on a "will-call" open-ended
19     basis upon request of the rider, if practicable, and with
20     consideration of an increased number of trips available by
21     subscription service than are available as of the effective
22     date of this amendatory Act;
23         (4) provide that service contracts and rates, entered
24     into or set after the approval by the Federal Transit
25     Administration of the plan prepared pursuant to subsection
26     (c) of this Section, with private carriers and taxicabs for

 

 

HB4585 - 6 - LRB096 13338 RLJ 28028 b

1     ADA paratransit service are procured by means of an open
2     procurement process;
3         (5) provide for fares, fare collection and billing
4     procedures for ADA paratransit services throughout the
5     metropolitan region;
6         (6) provide for performance standards for all ADA
7     paratransit service transportation carriers, with
8     consideration of door-to-door service;
9         (7) provide, in cooperation with the Illinois
10     Department of Transportation, the Illinois Department of
11     Public Aid and other appropriate public agencies and
12     private entities, for the application and receipt of
13     grants, including, without limitation, reimbursement from
14     Medicaid or other programs for ADA paratransit services;
15         (8) provide for a system of dispatch of ADA paratransit
16     services transportation carriers throughout the
17     metropolitan region, with consideration of county-based
18     dispatch systems already in place as of the effective date
19     of this amendatory Act;
20         (9) provide for a process of determining eligibility
21     for ADA paratransit services that complies with the
22     Americans with Disabilities Act of 1990 and its
23     implementing regulations;
24         (10) provide for consideration of innovative methods
25     to provide and fund ADA paratransit services; and
26         (11) provide for the creation of one or more ADA

 

 

HB4585 - 7 - LRB096 13338 RLJ 28028 b

1     advisory boards, or the reconstitution of the existing ADA
2     advisory boards for the Service Boards, to represent the
3     diversity of individuals with disabilities in the
4     metropolitan region and to provide appropriate ongoing
5     input from individuals with disabilities into the
6     operation of ADA paratransit services.
7     (c-5) Effective January 1, 2010, the Suburban Bus Board
8 must transfer the appropriate ADA paratransit services,
9 management, personnel, service contracts, and assets to the
10 Chicago Transit Authority for the provision of ADA paratransit
11 services within the City of Chicago.
12     (d) All revisions and annual updates to the ADA paratransit
13 services plan developed pursuant to subsection (c) of this
14 Section, or certifications of continued compliance in lieu of
15 plan updates, that are required to be provided to the Federal
16 Transit Administration shall be developed by the Authority, in
17 collaboration with the Suburban Bus Board and the Chicago
18 Transit Authority, and the Authority shall submit such
19 revision, update or certification to the Federal Transit
20 Administration for approval. Approval of such revisions,
21 updates or certifications by the Authority shall require the
22 affirmative votes of 12 of the then Directors.
23     (e) The Illinois Department of Transportation, the
24 Illinois Department of Public Aid, the Authority, the Suburban
25 Bus Board and the Chicago Transit Authority shall enter into
26 intergovernmental agreements as may be necessary to provide

 

 

HB4585 - 8 - LRB096 13338 RLJ 28028 b

1 funding and accountability for, and implementation of, the
2 requirements of this Section.
3     (f) By no later than April 1, 2007, the Authority shall
4 develop and submit to the General Assembly and the Governor a
5 funding plan for ADA paratransit services. Approval of such
6 plan by the Authority shall require the affirmative votes of 12
7 of the then Directors. The funding plan shall, at a minimum,
8 contain an analysis of the current costs of providing ADA
9 paratransit services, projections of the long-term costs of
10 providing ADA paratransit services, identification of and
11 recommendations for possible cost efficiencies in providing
12 ADA paratransit services, and identification of and
13 recommendations for possible funding sources for providing ADA
14 paratransit services. The Illinois Department of
15 Transportation, the Illinois Department of Public Aid, the
16 Suburban Bus Board, the Chicago Transit Authority and other
17 State and local public agencies as appropriate shall cooperate
18 with the Authority in the preparation of such funding plan.
19     (g) Any funds derived from the federal Medicaid program for
20 reimbursement of the costs of providing ADA paratransit
21 services within the metropolitan region shall be directed to
22 the Authority and shall be used to pay for or reimburse the
23 costs of providing such services.
24     (h) Nothing in this amendatory Act shall be construed to
25 conflict with the requirements of the Americans with
26 Disabilities Act of 1990 and its implementing regulations.

 

 

HB4585 - 9 - LRB096 13338 RLJ 28028 b

1 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
 
2     (70 ILCS 3615/3A.08)  (from Ch. 111 2/3, par. 703A.08)
3     Sec. 3A.08. Jurisdiction. Any public transportation by bus
4 within the metropolitan region, other than public
5 transportation by commuter rail or public transportation
6 provided by the Chicago Transit Authority pursuant to
7 agreements in effect on the effective date of this amendatory
8 Act of 1983 or in the City of Chicago and any ADA paratransit
9 services provided pursuant to Section 2.30 of the Regional
10 Transportation Authority Act, shall be subject to the
11 jurisdiction of the Suburban Bus Board. Beginning on January 1,
12 2010, ADA paratransit services provided pursuant to Section
13 2.30 of the Regional Transportation Authority Act within the
14 City of Chicago shall be subject to the jurisdiction of the
15 Chicago Transit Authority.
16 (Source: P.A. 94-370, eff. 7-29-05.)
 
17     (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)
18     Sec. 3A.09. General Powers. In addition to any powers
19 elsewhere provided to the Suburban Bus Board, it shall have all
20 of the powers specified in Section 2.20 of this Act except for
21 the powers specified in Section 2.20(a)(v). The Board shall
22 also have the power:
23         (a) to cooperate with the Regional Transportation
24     Authority in the exercise by the Regional Transportation

 

 

HB4585 - 10 - LRB096 13338 RLJ 28028 b

1     Authority of all the powers granted it by such Act;
2         (b) to receive funds from the Regional Transportation
3     Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4     4.10 of the Regional Transportation Authority Act, all as
5     provided in the Regional Transportation Authority Act;
6         (c) to receive financial grants from the Regional
7     Transportation Authority or a Service Board, as defined in
8     the Regional Transportation Authority Act, upon such terms
9     and conditions as shall be set forth in a grant contract
10     between either the Division and the Regional
11     Transportation Authority or the Division and another
12     Service Board, which contract or agreement may be for such
13     number of years or duration as the parties agree, all as
14     provided in the Regional Transportation Authority Act; and
15         (d) to perform all functions necessary for the
16     provision of paratransit services outside of the City of
17     Chicago under Section 2.30 of this Act.
18 (Source: P.A. 94-370, eff. 7-29-05.)
 
19     (70 ILCS 3615/4.03.3)
20     Sec. 4.03.3. Distribution of Revenues. This Section
21 applies only after the Department begins administering and
22 enforcing an increased tax under Section 4.03(m) as authorized
23 by this amendatory Act of the 95th General Assembly. After
24 providing for payment of its obligations with respect to bonds
25 and notes issued under the provisions of Section 4.04 and

 

 

HB4585 - 11 - LRB096 13338 RLJ 28028 b

1 obligations related to those bonds and notes, the Authority
2 shall disburse the remaining proceeds from taxes it has
3 received from the Department of Revenue under this Article IV
4 and the remaining proceeds it has received from the State under
5 Section 4.09(a) as follows:
6     (a) With respect to taxes imposed by the Authority under
7 Section 4.03, after withholding 15% of 80% of the receipts from
8 those taxes collected in Cook County at a rate of 1.25%, 15% of
9 75% of the receipts from those taxes collected in Cook County
10 at the rate of 1%, 15% of one-half of the receipts from those
11 taxes collected in DuPage, Kane, Lake, McHenry, and Will
12 Counties, and 15% of money received by the Authority from the
13 Regional Transportation Authority Occupation and Use Tax
14 Replacement Fund or from the Regional Transportation Authority
15 tax fund created in Section 4.03(n), the Board shall allocate
16 the proceeds and money remaining to the Service Boards as
17 follows:
18         (1) an amount equal to (i) 85% of 80% of the receipts
19     from those taxes collected within the City of Chicago at a
20     rate of 1.25%, (ii) 85% of 75% of the receipts from those
21     taxes collected in the City of Chicago at the rate of 1%,
22     and (iii) 85% of the money received by the Authority on
23     account of transfers to the Regional Transportation
24     Authority Occupation and Use Tax Replacement Fund or to the
25     Regional Transportation Authority tax fund created in
26     Section 4.03(n) from the County and Mass Transit District

 

 

HB4585 - 12 - LRB096 13338 RLJ 28028 b

1     Fund attributable to retail sales within the City of
2     Chicago shall be allocated to the Chicago Transit
3     Authority;
4         (2) an amount equal to (i) 85% of 80% of the receipts
5     from those taxes collected within Cook County outside of
6     the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of
7     the receipts from those taxes collected within Cook County
8     outside the City of Chicago at a rate of 1%, and (iii) 85%
9     of the money received by the Authority on account of
10     transfers to the Regional Transportation Authority
11     Occupation and Use Tax Replacement Fund or to the Regional
12     Transportation Authority tax fund created in Section
13     4.03(n) from the County and Mass Transit District Fund
14     attributable to retail sales within Cook County outside of
15     the City of Chicago shall be allocated 30% to the Chicago
16     Transit Authority, 55% to the Commuter Rail Board, and 15%
17     to the Suburban Bus Board; and
18         (3) an amount equal to 85% of one-half of the receipts
19     from the taxes collected within the Counties of DuPage,
20     Kane, Lake, McHenry, and Will shall be allocated 70% to the
21     Commuter Rail Board and 30% to the Suburban Bus Board.
22     (b) Moneys received by the Authority on account of
23 transfers to the Regional Transportation Authority Occupation
24 and Use Tax Replacement Fund from the State and Local Sales Tax
25 Reform Fund shall be allocated among the Authority and the
26 Service Boards as follows: 15% of such moneys shall be retained

 

 

HB4585 - 13 - LRB096 13338 RLJ 28028 b

1 by the Authority and the remaining 85% shall be transferred to
2 the Service Boards as soon as may be practicable after the
3 Authority receives payment. Moneys which are distributable to
4 the Service Boards pursuant to the preceding sentence shall be
5 allocated among the Service Boards on the basis of each Service
6 Board's distribution ratio. The term "distribution ratio"
7 means, for purposes of this subsection (b), the ratio of the
8 total amount distributed to a Service Board pursuant to
9 subsection (a) of Section 4.03.3 for the immediately preceding
10 calendar year to the total amount distributed to all of the
11 Service Boards pursuant to subsection (a) of Section 4.03.3 for
12 the immediately preceding calendar year.
13     (c)(i) 20% of the receipts from those taxes collected in
14 Cook County under Section 4.03 at the rate of 1.25%, (ii) 25%
15 of the receipts from those taxes collected in Cook County under
16 Section 4.03 at the rate of 1%, (iii) 50% of the receipts from
17 those taxes collected in DuPage, Kane, Lake, McHenry, and Will
18 Counties under Section 4.03, and (iv) amounts received from the
19 State under Section 4.09 (a)(2) and items (i), (ii), and (iii)
20 of Section 4.09 (a)(3) shall be allocated as follows: in 2008,
21 $100,000,000 shall be deposited in the ADA Paratransit Fund
22 described in Section 2.01d, $20,000,000 shall be deposited in
23 the Metropolitan Suburban Community Mobility Fund described in
24 Section 2.01e, and $10,000,000 shall be deposited in the
25 Innovation, Coordination and Enhancement Fund described in
26 Section 2.01c, and the balance shall be allocated 48% to the

 

 

HB4585 - 14 - LRB096 13338 RLJ 28028 b

1 Chicago Transit Authority, 39% to the Commuter Rail Board, and
2 13% to the Suburban Bus Board; and in 2009 and each year
3 thereafter, the amounts deposited in the ADA Paratransit Fund,
4 the Metropolitan Suburban Community Mobility Fund and the
5 Innovation, Coordination and Enhancement Fund respectively
6 shall equal the amount deposited in the previous year increased
7 or decreased by the percentage growth or decline in revenues
8 received by the Authority from taxes imposed under Section 4.03
9 in the previous year, and the balance shall be allocated 48% to
10 the Chicago Transit Authority, 39% to the Commuter Rail Board
11 and 13% to the Suburban Bus Board.
12     (d) Amounts received from the State under Section 4.09
13 (a)(3)(iv) shall be distributed 100% to the Chicago Transit
14 Authority.
15     (e) With respect to those taxes collected in DuPage, Kane,
16 Lake, McHenry, and Will Counties and paid directly to the
17 counties under Section 4.03, the County Board of each county
18 shall use those amounts to fund operating and capital costs of
19 public safety and public transportation services or facilities
20 or to fund operating, capital, right-of-way, construction, and
21 maintenance costs of other transportation purposes, including
22 road, bridge, public safety, and transit purposes intended to
23 improve mobility or reduce congestion in the county. The
24 receipt of funding by such counties pursuant to this paragraph
25 shall not be used as the basis for reducing any funds that such
26 counties would otherwise have received from the State of

 

 

HB4585 - 15 - LRB096 13338 RLJ 28028 b

1 Illinois, any agency or instrumentality thereof, the
2 Authority, or the Service Boards.
3     (f) The Authority by ordinance adopted by 12 of its then
4 Directors shall apportion to the Service Boards funds provided
5 by the State of Illinois under Section 4.09(a)(1) as it shall
6 determine and shall make payment of the amounts to each Service
7 Board as soon as may be practicable upon their receipt provided
8 the Authority has adopted a balanced budget as required by
9 Section 4.01 and further provided the Service Board is in
10 compliance with the requirements in Section 4.11.
11     (g) Beginning January 1, 2009, before making any payments,
12 transfers, or expenditures under this Section to a Service
13 Board, the Authority must first comply with Section 4.02a or
14 4.02b of this Act, whichever may be applicable.
15 (Source: P.A. 95-708, eff. 1-18-08.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.