Full Text of SB0941 96th General Assembly
SB0941ham004 96TH GENERAL ASSEMBLY
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Rep. Elaine Nekritz
Filed: 10/29/2009
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| AMENDMENT TO SENATE BILL 941
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| AMENDMENT NO. ______. Amend Senate Bill 941, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by changing | 7 |
| Section 2705-305 as follows: | 8 |
| (20 ILCS 2705/2705-305) | 9 |
| Sec. 2705-305. Grants for mass transportation. | 10 |
| (a) For the purpose of mass
transportation grants and | 11 |
| contracts, the following definitions apply: | 12 |
| "Carrier" means any corporation, authority, partnership,
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| association, person, or district authorized to provide mass
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| transportation within the State. | 15 |
| "District" means all of the following: | 16 |
| (i) Any district created pursuant to the Local Mass |
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| Transit
District Act. | 2 |
| (ii) The Authority created pursuant to the | 3 |
| Metropolitan Transit
Authority Act. | 4 |
| (iii) Any authority, commission, or other entity that | 5 |
| by
virtue of an
interstate compact approved by Congress is | 6 |
| authorized to provide mass
transportation. | 7 |
| (iv) The Authority created pursuant to the Regional
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| Transportation Authority Act. | 9 |
| "Facilities" comprise all real and personal property used | 10 |
| in or appurtenant
to a mass transportation system, including | 11 |
| parking lots. | 12 |
| "Mass transportation" means transportation provided within | 13 |
| the State of
Illinois by rail, bus, or other conveyance and | 14 |
| available to the general public
on a regular and continuing | 15 |
| basis, including the transportation of handicapped
or elderly | 16 |
| persons as provided more specifically in Section 2705-310. | 17 |
| "Unit of local government" means any city, village, | 18 |
| incorporated town, or
county. | 19 |
| (b) Grants may be made to units of local government,
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| districts, and carriers for
the acquisition, construction, | 21 |
| extension, reconstruction, and improvement
of mass | 22 |
| transportation facilities. Grants shall be made upon the
terms
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| and conditions that in the judgment of the Secretary are | 24 |
| necessary
to
ensure their proper and effective utilization. | 25 |
| (c) The Department shall make grants under this Law
in a | 26 |
| manner
designed, so far as is consistent with the maintenance |
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| and development
of a sound mass transportation system within | 2 |
| the State, to: (i)
maximize
federal funds for the assistance of | 3 |
| mass transportation in Illinois
under the Federal Transit Act | 4 |
| and other
federal Acts; (ii) facilitate the movement of persons | 5 |
| who because
of age,
economic circumstance, or physical | 6 |
| infirmity are unable to drive; (iii)
contribute to an improved | 7 |
| environment through the reduction of air,
water, and noise | 8 |
| pollution; and (iv) reduce traffic congestion. | 9 |
| (d) The Secretary shall establish procedures for making
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| application
for mass transportation grants. The procedures | 11 |
| shall provide for
public
notice of all applications and give | 12 |
| reasonable opportunity for the
submission of comments and | 13 |
| objections by interested parties. The
procedures shall be | 14 |
| designed with a view to facilitating simultaneous
application | 15 |
| for a grant to the Department and to the federal government. | 16 |
| (e) Grants may be made for mass transportation projects as
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| follows: | 18 |
| (1) In an amount not to exceed 100% of the nonfederal | 19 |
| share of
projects
for which a federal grant is made. | 20 |
| (2) In an amount not to exceed 100% of the net project | 21 |
| cost
for projects
for which a federal grant is not made. | 22 |
| (3) In an amount not to exceed five-sixths of the net | 23 |
| project
cost for
projects essential for the maintenance of | 24 |
| a sound transportation system and
eligible for federal | 25 |
| assistance for which a federal grant application has
been | 26 |
| made but a federal grant has been delayed. If and when a |
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| federal
grant is made, the amount in excess of the | 2 |
| nonfederal share shall be
promptly returned to the | 3 |
| Department. | 4 |
| In no event shall the Department make a grant that, | 5 |
| together
with any
federal funds or funds from any other source, | 6 |
| is in excess of 100% of the
net project cost. | 7 |
| (f) Regardless of whether any funds are available under a
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| federal grant,
the Department shall not make a mass | 9 |
| transportation grant unless the Secretary
finds that the | 10 |
| recipient has entered into an agreement with the Department
in | 11 |
| which the recipient agrees not to engage in school bus | 12 |
| operations
exclusively for the transportation of students and | 13 |
| school personnel in
competition with private school bus | 14 |
| operators where those private
school bus
operators are able to | 15 |
| provide adequate transportation, at reasonable rates,
in | 16 |
| conformance with applicable safety standards, provided that | 17 |
| this
requirement shall not apply to a recipient that operates a | 18 |
| school
system
in the area to be served and operates a separate | 19 |
| and exclusive school bus
program for the school system. | 20 |
| (g) Grants may be made for mass transportation purposes | 21 |
| with
funds
appropriated from the Build Illinois Bond Fund | 22 |
| consistent with the
specific purposes for which those funds are | 23 |
| appropriated by the
General
Assembly. Grants under this | 24 |
| subsection (g) are not subject to any
limitations or conditions | 25 |
| imposed upon grants by any other provision of
this Section, | 26 |
| except that the Secretary may impose the terms and
conditions |
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| that in his or her judgment are necessary to ensure
the proper | 2 |
| and
effective utilization of the grants under this subsection. | 3 |
| (h) The Department may let contracts for mass | 4 |
| transportation
purposes
and facilities for the purpose of | 5 |
| reducing urban congestion funded in whole
or in part with bonds | 6 |
| described in subdivision (b)(1) of
Section 4 of the
General | 7 |
| Obligation Bond Act, not to exceed $75,000,000 in bonds. | 8 |
| (i) The Department may make grants to carriers, districts, | 9 |
| and
units of local government for the purpose of reimbursing
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| them for providing reduced
fares for mass transportation | 11 |
| services for students, handicapped persons
and the elderly. | 12 |
| Grants shall be made upon the terms and
conditions that in
the | 13 |
| judgment of the Secretary are necessary to ensure their proper | 14 |
| and
effective utilization. | 15 |
| (j) The Department may make grants to carriers, districts, | 16 |
| and units of local government for costs of providing ADA | 17 |
| paratransit service. Subject to appropriation, the Department | 18 |
| shall make grants to the Regional Transportation Authority in | 19 |
| the amount of $8,500,000 in State fiscal year 2010 and in State | 20 |
| fiscal year 2011 in the amount determined by the Regional | 21 |
| Transportation Authority as the shortfall in the ADA | 22 |
| Paratransit Fund for calendar year 2011, provided that the | 23 |
| amount of the grant in 2011 shall not exceed $10,000,000. These | 24 |
| amounts granted to the Regional Transportation Authority shall | 25 |
| be deposited into the ADA Paratransit Fund and used for payment | 26 |
| to the Suburban Bus Board for the provision of ADA paratransit |
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| service.
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| (Source: P.A. 94-91, eff. 7-1-05.) | 3 |
| Section 10. The Downstate Public Transportation Act is | 4 |
| amended by changing Section 2-15.2 as follows: | 5 |
| (30 ILCS 740/2-15.2) | 6 |
| Sec. 2-15.2. Free services; eligibility. | 7 |
| (a) Notwithstanding any law to the contrary, no later than | 8 |
| 60 days following the effective date of this amendatory Act of | 9 |
| the 95th General Assembly and until subsection (b) is | 10 |
| implemented , any fixed route public transportation services | 11 |
| provided by, or under grant or purchase of service contracts | 12 |
| of, every participant, as defined in Section 2-2.02 (1)(a), | 13 |
| shall be provided without charge to all senior citizen | 14 |
| residents of the participant aged 65 and older, under such | 15 |
| conditions as shall be prescribed by the participant. | 16 |
| (b) Notwithstanding any law to the contrary, beginning on | 17 |
| March 1, 2010, any fixed route public transportation services | 18 |
| provided by, or under grant or purchase of service contracts | 19 |
| of, every participant, as defined in Section 2-2.02 (1)(a), | 20 |
| shall be provided without charge to senior citizens aged 65 and | 21 |
| older who meet the income eligibility limitation set forth in | 22 |
| subsection (a-5) of Section 4 of the Senior Citizens and | 23 |
| Disabled Persons Property Tax Relief and Pharmaceutical | 24 |
| Assistance Act, under such conditions as shall be prescribed by |
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| the participant. The Department on Aging shall furnish all | 2 |
| information reasonably necessary to determine eligibility, | 3 |
| including updated lists of individuals who are eligible for | 4 |
| services without charge under this Section. Nothing in this | 5 |
| Section shall relieve the participant from providing reduced | 6 |
| fares as may be required by federal law.
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| (Source: P.A. 95-708, eff. 1-18-08.) | 8 |
| Section 15. The Metropolitan Transit Authority Act is | 9 |
| amended by changing Section 51 as follows: | 10 |
| (70 ILCS 3605/51) | 11 |
| Sec. 51. Free services; eligibility. | 12 |
| (a) Notwithstanding any law to the contrary, no later than | 13 |
| 60 days following the effective date of this amendatory Act of | 14 |
| the 95th General Assembly and until subsection (b) is | 15 |
| implemented , any fixed route public transportation services | 16 |
| provided by, or under grant or purchase of service contracts | 17 |
| of, the Board shall be provided without charge to all senior | 18 |
| citizens of the Metropolitan Region (as such term is defined in | 19 |
| 70 ILCS 3615/1.03) aged 65 and older, under such conditions as | 20 |
| shall be prescribed by the Board.
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| (b) Notwithstanding any law to the contrary, beginning on | 22 |
| March 1, 2010, any fixed route public transportation services | 23 |
| provided by, or under grant or purchase of service contracts | 24 |
| of, the Board shall be provided without charge to senior |
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| citizens aged 65 and older who meet the income eligibility | 2 |
| limitation set forth in subsection (a-5) of Section 4 of the | 3 |
| Senior Citizens and Disabled Persons Property Tax Relief and | 4 |
| Pharmaceutical Assistance Act, under such conditions as shall | 5 |
| be prescribed by the Board. The Department on Aging shall | 6 |
| furnish all information reasonably necessary to determine | 7 |
| eligibility, including updated lists of individuals who are | 8 |
| eligible for services without charge under this Section. | 9 |
| Nothing in this Section shall relieve the Board from providing | 10 |
| reduced fares as may be required by federal law. | 11 |
| (Source: P.A. 95-708, eff. 1-18-08.) | 12 |
| Section 20. The Local Mass Transit District Act is amended | 13 |
| by changing Section 8.6 as follows: | 14 |
| (70 ILCS 3610/8.6) | 15 |
| Sec. 8.6. Free services; eligibility. | 16 |
| (a) Notwithstanding any law to the contrary, no later than | 17 |
| 60 days following the effective date of this amendatory Act of | 18 |
| the 95th General Assembly and until subsection (b) is | 19 |
| implemented , any fixed route public transportation services | 20 |
| provided by, or under grant or purchase of service contracts | 21 |
| of, every District shall be provided without charge to all | 22 |
| senior citizens of the District aged 65 and older, under such | 23 |
| conditions as shall be prescribed by the District.
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| (b) Notwithstanding any law to the contrary, beginning on |
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| March 1, 2010, any fixed route public transportation services | 2 |
| provided by, or under grant or purchase of service contracts | 3 |
| of, every District shall be provided without charge to senior | 4 |
| citizens aged 65 and older who meet the income eligibility | 5 |
| limitation set forth in subsection (a-5) of Section 4 of the | 6 |
| Senior Citizens and Disabled Persons Property Tax Relief and | 7 |
| Pharmaceutical Assistance Act, under such conditions as shall | 8 |
| be prescribed by the District. The Department on Aging shall | 9 |
| furnish all information reasonably necessary to determine | 10 |
| eligibility, including updated lists of individuals who are | 11 |
| eligible for services without charge under this Section. | 12 |
| Nothing in this Section shall relieve the District from | 13 |
| providing reduced fares as may be required by federal law. | 14 |
| (Source: P.A. 95-708, eff. 1-18-08.) | 15 |
| Section 25. The Regional Transportation Authority Act is | 16 |
| amended by changing Sections 2.01d, 2.04, 3A.15, and 3B.14 as | 17 |
| follows: | 18 |
| (70 ILCS 3615/2.01d) | 19 |
| Sec. 2.01d. ADA Paratransit Fund. The Authority shall | 20 |
| establish an ADA Paratransit Fund and, each year, deposit into | 21 |
| that Fund the amounts directed by Section 4.03.3 of this Act | 22 |
| and any funds received from the State pursuant to | 23 |
| appropriations for the purpose of funding ADA paratransit | 24 |
| services. The amounts on deposit in the Fund and interest and |
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| other earnings on those amounts shall be used by the Authority | 2 |
| to make grants to the Suburban Bus Board for ADA paratransit | 3 |
| services provided pursuant to plans approved by the Authority | 4 |
| under Section 2.30 of this Act. Funds received by the Suburban | 5 |
| Bus Board from the Authority's ADA Paratransit Fund shall be | 6 |
| used only to provide ADA paratransit services to individuals | 7 |
| who are determined to be eligible for such services by the | 8 |
| Authority under the Americans with Disabilities Act of 1990 and | 9 |
| its implementing regulations. Revenues from and costs of | 10 |
| services provided by the Suburban Bus Board with grants made | 11 |
| under this Section shall be included in the Annual Budget and | 12 |
| Two-Year Financial Program of the Suburban Bus Board and shall | 13 |
| be subject to all budgetary and financial requirements under | 14 |
| this Act that apply to ADA paratransit services. Beginning in | 15 |
| 2008, the Executive Director shall, no later than August 15 of | 16 |
| each year, provide to the Board a written determination of the | 17 |
| projected annual costs of ADA paratransit services that are | 18 |
| required to be provided pursuant to the Americans with | 19 |
| Disabilities Act of 1990 and its implementing regulations. The | 20 |
| Board shall advise the Service Boards of the estimated | 21 |
| operating deficit of the Suburban Bus Board in the provision of | 22 |
| ADA paratransit service in 2011, the amount estimated to be | 23 |
| deposited into the ADA Paratransit Fund during that year under | 24 |
| Section 4.03.3, and any projected shortfall in funding for ADA | 25 |
| paratransit services for that year. The Authority shall advise | 26 |
| the Illinois Department of Transportation of the projected |
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| shortfall and request a grant of $8,500,000 in 2010 and the | 2 |
| shortfall amount in 2011, however, that request shall not | 3 |
| exceed $10,000,000. If the Board, at any time after reviewing | 4 |
| the financial condition and results of operations of ADA | 5 |
| paratransit services under Section 4.11, determines that the | 6 |
| shortfall in the ADA Paratransit Fund will exceed $8,500,000 in | 7 |
| 2010 or $10,000,000 in 2011, and other actions authorized under | 8 |
| Section 4.11 are inadequate to eliminate that revised | 9 |
| shortfall, then the Board shall authorize the issuance of | 10 |
| Working Cash Notes, subject to the provisions of Section 4.04 | 11 |
| of this Act, to fund such shortfall to the extent that it | 12 |
| exceeds these enumerated amounts. The Authority shall conduct | 13 |
| triennial financial, compliance, and performance audits of ADA | 14 |
| paratransit services to assist in this determination. | 15 |
| (Source: P.A. 95-708, eff. 1-18-08.)
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| (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
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| Sec. 2.04. Fares and Nature of Service. | 18 |
| (a) Whenever a Service Board provides any public | 19 |
| transportation by
operating public transportation facilities, | 20 |
| the Service Board
shall provide for the level and nature of | 21 |
| fares or charges to be made for
such services, and the nature | 22 |
| and standards of public transportation to
be so provided that | 23 |
| meet the goals and objectives adopted by the Authority in the | 24 |
| Strategic Plan. Provided, however that if the Board adopts a | 25 |
| budget and
financial plan for a Service Board in accordance |
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| with the provisions in
Section 4.11(b)(5), the Board may | 2 |
| consistent with the terms of any purchase
of service contract | 3 |
| provide for the level and nature of fares
to be made for such | 4 |
| services under the jurisdiction of that Service Board,
and the | 5 |
| nature and standards of public transportation to be so | 6 |
| provided.
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| (b) Whenever a Service Board provides any public | 8 |
| transportation
pursuant to grants made after June 30, 1975, to | 9 |
| transportation agencies
for operating expenses (other than | 10 |
| with regard to experimental programs)
or pursuant to any | 11 |
| purchase of service agreement, the purchase of service
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| agreement or grant contract shall provide for the level and | 13 |
| nature of fares
or charges to be made for such services, and | 14 |
| the nature and standards of
public transportation to be so | 15 |
| provided. A Service Board
shall require all transportation | 16 |
| agencies with which it contracts, or from
which it purchases | 17 |
| transportation services or to which it makes grants to
provide | 18 |
| half fare transportation for their student riders if any of | 19 |
| such
agencies provide for half fare transportation to their | 20 |
| student riders.
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| (c) In so providing for the fares or charges and the nature | 22 |
| and standards of
public transportation, any purchase of service | 23 |
| agreements or grant contracts
shall provide, among other | 24 |
| matters, for the terms or cost of transfers
or interconnections | 25 |
| between different modes of transportation and
different public | 26 |
| transportation agencies, schedules or routes of such
service, |
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| changes which may be made in such service, the nature and
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| condition of the facilities used in providing service, the | 3 |
| manner of
collection and disposition of fares or charges, the | 4 |
| records and reports
to be kept and made concerning such | 5 |
| service, for interchangeable
tickets or other coordinated or | 6 |
| uniform methods of collection of
charges, and shall further | 7 |
| require that the transportation agency comply with any | 8 |
| determination made by the Board of the Authority under and | 9 |
| subject to the provisions of Section 2.12b of this Act. In | 10 |
| regard to any such service, the Authority and the Service
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| Boards shall give
attention to and may undertake programs to | 12 |
| promote use of public
transportation and to provide coordinated | 13 |
| ticket sales and passenger
information. In the case of a grant | 14 |
| to a transportation agency which
remains subject to Illinois | 15 |
| Commerce Commission supervision and
regulation, the Service | 16 |
| Boards shall exercise the powers
set forth in this
Section in a | 17 |
| manner consistent with such supervision and regulation by
the | 18 |
| Illinois Commerce Commission.
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| (d) Except as otherwise provided in this amendatory act of | 20 |
| the 96th General Assembly, no Service Board shall increase | 21 |
| fares or charges for public transportation services provided in | 22 |
| 2010 or 2011. | 23 |
| (Source: P.A. 95-708, eff. 1-18-08.)
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| (70 ILCS 3615/3A.15) | 25 |
| Sec. 3A.15. Free services; eligibility. |
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| (a) Notwithstanding any law to the contrary, no later than | 2 |
| 60 days following the effective date of this amendatory Act of | 3 |
| the 95th General Assembly and until subsection (b) is | 4 |
| implemented , any fixed route public transportation services | 5 |
| provided by, or under grant or purchase of service contracts | 6 |
| of, the Suburban Bus Board shall be provided without charge to | 7 |
| all senior citizens of the Metropolitan Region aged 65 and | 8 |
| older, under such conditions as shall be prescribed by the | 9 |
| Suburban Bus Board. | 10 |
| (b) Notwithstanding any law to the contrary, beginning on | 11 |
| March 1, 2010, any fixed route public transportation services | 12 |
| provided by, or under grant or purchase of service contracts | 13 |
| of, the Suburban Bus Board shall be provided without charge to | 14 |
| senior citizens aged 65 and older who meet the income | 15 |
| eligibility limitation set forth in subsection (a-5) of Section | 16 |
| 4 of the Senior Citizens and Disabled Persons Property Tax | 17 |
| Relief and Pharmaceutical Assistance Act, under such | 18 |
| conditions as shall be prescribed by the Suburban Bus Board. | 19 |
| The Department on Aging shall furnish all information | 20 |
| reasonably necessary to determine eligibility, including | 21 |
| updated lists of individuals who are eligible for services | 22 |
| without charge under this Section. Nothing in this Section | 23 |
| shall relieve the Suburban Bus Board from providing reduced | 24 |
| fares as may be required by federal law.
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| (Source: P.A. 95-708, eff. 1-18-08.) |
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| (70 ILCS 3615/3B.14) | 2 |
| Sec. 3B.14. Free services; eligibility. | 3 |
| (a) Notwithstanding any law to the contrary, no later than | 4 |
| 60 days following the effective date of this amendatory Act of | 5 |
| the 95th General Assembly and until subsection (b) is | 6 |
| implemented , any fixed route public transportation services | 7 |
| provided by, or under grant or purchase of service contracts | 8 |
| of, the Commuter Rail Board shall be provided without charge to | 9 |
| all senior citizens of the Metropolitan Region aged 65 and | 10 |
| older, under such conditions as shall be prescribed by the | 11 |
| Commuter Rail Board. | 12 |
| (b) Notwithstanding any law to the contrary, beginning on | 13 |
| March 1, 2010, any fixed route public transportation services | 14 |
| provided by, or under grant or purchase of service contracts | 15 |
| of, the Commuter Rail Board shall be provided without charge to | 16 |
| senior citizens aged 65 and older who meet the income | 17 |
| eligibility limitation set forth in subsection (a-5) of Section | 18 |
| 4 of the Senior Citizens and Disabled Persons Property Tax | 19 |
| Relief and Pharmaceutical Assistance Act, under such | 20 |
| conditions as shall be prescribed by the Commuter Rail Board. | 21 |
| The Department on Aging shall furnish all information | 22 |
| reasonably necessary to determine eligibility, including | 23 |
| updated lists of individuals who are eligible for services | 24 |
| without charge under this Section. Nothing in this Section | 25 |
| shall relieve the Commuter Rail Board from providing reduced | 26 |
| fares as may be required by federal law.
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| (Source: P.A. 95-708, eff. 1-18-08.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
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