(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
Sec. 2.02.
Purchase of Service Contracts ‑ Grants.
(a) The Service Boards
may purchase public transportation from transportation agencies upon
such terms and conditions as may be set forth in purchase of service
agreements between the Service Boards and the transportation agencies.
(b) Grants may be made either by: (i) the Authority to a Service
Board; or (ii) a Service Board to either a transportation agency or another
Service Board, all for
operating and other expenses, or for developing or planning public
transportation or for constructing or acquiring public transportation
facilities, all upon such terms and conditions as that Service Board or
the Authority shall
prescribe or as that Service Board and the Authority or that Service
Board and the transportation
agency shall agree
in any grant contract.
(c) The Board shall adopt, to the extent it determines feasible,
guidelines setting forth uniform standards for the making of grants and
purchase of service agreements. Such grant contacts or purchase of
service agreements may be for such number of years or duration as the
parties shall agree.
Any purchase of service agreement with a transportation agency which
is not a public body shall be upon terms and conditions which will allow
the transportation agency to receive for the public transportation
provided pursuant to the agreement net income, after reasonable
deductions for depreciation and other proper and necessary reserves,
equal to an amount which is a reasonable return upon the value of such
portion of the transportation agency's property as is used and useful in
rendering such transportation service. This paragraph shall be construed
in a manner consistent with the principles applicable to such a
transportation agency in rate proceedings under "An Act concerning
public utilities", approved June 29, 1921, as now or hereafter amended.
This paragraph shall not be construed to provide for the funding of
reserves or guarantee that such a transportation agency shall in fact
receive any return. A Service Board shall, within
180 days after receiving
a written request from a transportation agency which is not a public
body, tender and offer to enter into with such transportation agency a
purchase of service agreement that is in conformity with this Act and
that covers the public transportation services by rail (other than
experimental or demonstration services) which such agency is providing
at the time of such request and which services either were in operation
for at least one year immediately preceding the effective date of this
Act or were in operation pursuant to a purchase of service or grant
agreement with the Authority or Service Board. No such tender by a
Service Board need be
made before April 1, 1975. The first purchase of service agreement so
requested shall not, unless the parties agree otherwise, become
effective prior to June 30, 1975. If, following such a request and
tender, a Service Board and the transportation agency
do not agree upon
the amount of compensation to be provided to the agency by the Service
Board
under the purchase of service agreement or fares and charges under the
purchase of service agreement, either of them may submit such unresolved
issues to the Illinois Commerce Commission for determination. The
Commission shall determine the unresolved issues in conformity with this
Act. The Commission's determination shall be set forth in writing,
together with such terms as are agreed by the parties and any other
unresolved terms as tendered by the Service Board, in
a single document
which shall constitute the entire purchase of service agreement between
the Service Board and the transportation agency, which
agreement, in the
absence of contrary agreement by the parties, shall be for a term of 3
years effective as of July 1, 1975, or, if the agreement is requested to
succeed a currently effective or recently expired purchase of service
agreement between the parties, as of the date of such expiration. The
decision of the Commission shall be binding upon the Service Board and the
transportation agency, subject to judicial review as provided in "An Act
concerning public utilities", as approved June 29, 1921, as now or
hereafter amended, but the parties may at any time mutually amend or
terminate a purchase of service agreement. Prompt settlement between the
parties shall be made of any sums owing under the terms of the purchase
of service agreement so established for public transportation services
performed on and after the effective date of any such agreement.
If the Authority reduces the amount of operating subsidy available to
a Service Board under the provisions of Section 4.09 or Section 4.11,
the Service Board shall,
from those funds available to it under Section 4.02, first discharge its
financial obligations under the terms of a purchase of service contract to
any transportation agency which is not a public
body, unless such transportation agency has failed to take any action
requested by the Service Board, which
under the terms of the purchase of service contract the Service Board can
require the transportation agency to take, which would have the effect
of reducing the financial obligation of the Service Board to the transportation
agency.
The provisions of this paragraph (c) shall not preclude a Service Board and a
transportation agency from otherwise entering into a purchase of service
or grant agreement in conformity with this Act or an agreement for the
Authority or a Service Board to purchase or a Service Board to operate
that agency's public transportation
facilities, and shall not limit the exercise of the right of eminent
domain by the Authority pursuant to this Act.
(d) Any transportation agency providing public transportation
pursuant to a purchase of service or grant agreement with the Authority
or a Service Board shall be subject to the "Illinois Human Rights
Act", as now or
hereafter amended, and the remedies and procedures established
thereunder. Such agency shall file an affirmative action program for
employment by it with regard to public transportation so provided with
the Department of Human Rights
within one year of the purchase
of service or grant agreement, to ensure that applicants are employed
and that employees are treated during employment, without unlawful discrimination.
Such affirmative
action program shall include provisions relating to hiring, upgrading,
demotion, transfer, recruitment, recruitment advertising, selection for
training and rates of pay or other forms of compensation. No
unlawful discrimination as defined and prohibited in the Illinois Human
Rights Act in any such employment shall be made in any term or
aspect of employment and discrimination based upon
political reasons or factors shall be prohibited.
(e) A Service Board, subject to the provisions of paragraph (c) of this Section,
may not discriminate against a transportation agency with which it
has a purchase of service contract or grant agreement in any condition affecting
the operation of the public transportation facility including the level
of subsidy provided, the quality or standard of public transportation to
be provided or in meeting the financial obligations to transportation agencies
under the terms of a purchase of service or grant contract. Any transportation
agency that believes that a Service Board is discriminating against it may,
after attempting to resolve the alleged discrimination by meeting with the
Service Board with which it has a purchase of service or grant contract,
appeal to the Authority. The Board shall name 3 of its members, other than
a member of the board of the concerned Service Board, to serve as a panel
to arbitrate the dispute. The panel shall render a recommended decision
to the Board which shall be binding on the Service Board and the transportation
agency if adopted by the Board. The panel may not require the Service Board
to take any action which would increase the
operating budget of the Service Board. The decision of the Board shall
be enforceable in a court of general jurisdiction.
(Source: P.A. 83‑885; 83‑886.)
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(70 ILCS 3615/2.06) (from Ch. 111 2/3, par. 702.06)
Sec. 2.06.
Use of Streets and Roads ‑ Relationship with Illinois Commerce Commission.
(a) The Authority may for the benefit of a Service Board, by ordinance,
provide for special lanes for
exclusive or special use by public transportation vehicles with regard to
any roads, streets, ways, highways, bridges, toll highways or toll bridges
in the metropolitan region, notwithstanding any governmental statute,
ordinance or regulation to the contrary.
(b) The Authority, for the benefit of a Service Board, shall have
the power to use and, by ordinance, to
authorize any Service Board or transportation agency to use without
any franchise, charge,
permit or license any public road, street, way, highway, bridge, toll
highway or toll bridge within the metropolitan region for the provision of
public transportation. Transportation agencies which have purchase of
service agreements with a Service Board as to any
public transportation shall
not as to any aspect of such public transportation be subject to any
supervision, licensing or regulation imposed by any unit of local
government in the metropolitan region, except as may be specifically
authorized by the Authority and except for regular police supervision of
vehicular traffic.
(c) The Authority shall not be subject to "An Act concerning public
utilities", approved June 29, 1921, as now or hereafter amended.
Transportation agencies which have any purchase of service agreement with
a Service Board shall not be subject to that Act as to any public
transportation which is the subject of such agreement. No contract or
agreement entered into by any transportation agency with a Service Board
shall be subject to approval of or regulation by the Illinois Commerce
Commission. If a Service Board shall determine that any particular public
transportation service provided by a transportation agency with which the
Service Board has a purchase of service agreement is not
necessary for the
public interest and shall, for that reason, decline to enter into any
purchase of service agreement for such particular service, then the
Service Board shall have no obligation pursuant to Section
2.02 (c) to offer or
make a purchase of service agreement with respect to that particular
service and the transportation agency may discontinue the particular
service. Such discontinuation shall not be subject to the approval of or
regulation by the Illinois Commerce Commission. The acquisition by the
Authority by eminent domain of any property, from any transportation
agency, shall not be subject to the approval of or regulation by the
Illinois Commerce Commission, provided, however, that
the requirement in
Section 7‑102 of the Code of Civil Procedure, as amended, requiring in certain
instances prior approval of the Illinois Commerce Commission for taking or
damaging of property of railroads or other public utilities shall continue
to apply as to any taking or damaging by the Authority
of any real property
of such a railroad not used for public transportation or of any real
property of such other public utility.
(Source: P.A. 83‑885; 83‑886.)
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(70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)
Sec. 2.11.
Safety.
(a) The Service Boards may establish, enforce and facilitate
achievement and
maintenance of standards of safety against accidents with respect to public
transportation provided by the Service Boards or by transportation
agencies
pursuant to purchase of service agreements with the Service Boards. The
provisions of general or special orders, rules or regulations issued by the
Illinois Commerce Commission pursuant to Section 57 of "An Act concerning
public utilities", approved June 29, 1921, as amended, which pertain to
public transportation and public transportation facilities of railroads
will continue to apply until the Service Board determines
that different
standards are necessary to protect such health and safety.
(b) To the extent required by 49 CFR Part 659 as now or hereafter amended,
the Authority shall develop and adopt a system safety program standard for the
safety of rail fixed guideway systems and the personal security of the systems'
passengers and employees and shall establish procedures for safety and security
reviews, investigations, and oversight reporting. The Authority shall require
the applicable Service Boards to comply with the requirements of 49 CFR Part
659 as now or hereafter amended. The Authority may contract for the services
of a qualified consultant to comply with this subsection.
(c) The security portion of the system safety program, investigation
reports, surveys, schedules, lists, or data compiled, collected, or prepared by
or for the Authority under this subsection, shall not be subject to discovery
or admitted into evidence in federal or State court or considered for other
purposes in any civil action for damages arising from any matter mentioned or
addressed in such reports, surveys, schedules, lists, data, or information.
(d) Neither the Authority nor its directors, officers, or employees nor any
Service Board subject to this Section nor its directors, officers, or employees
shall be held liable in any civil action for any injury to any person or
property for any acts or omissions or failure to act under this Section or
pursuant to 49 CFR Part 659 as now or hereafter amended.
(Source: P.A. 90‑273, eff. 7‑30‑97.)
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(70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18)
Sec. 2.18.
Labor Contracts.
(a) The Authority shall deal with and enter into written contracts with
employees of the Authority, through accredited representatives of such
employees authorized to act for such employees concerning wages, salaries,
hours, working conditions, and pension or retirement provisions. Nothing in
this Act shall be construed, however, to permit hours of labor in excess of
those prohibited by law or to permit working conditions prohibited by law.
(b) Whenever the Authority acquires the public transportation facilities
of a transportation agency, either in proceeding by eminent domain or
otherwise, and operates such facilities, all employees actively engaged in
the operation thereof shall be transferred to and appointed as employees of
the Authority, subject to all the rights and benefits of Sections 2.15
through 2.19, and the Authority shall assume and observe all applicable
labor contracts and pension obligations. These employees shall be given
seniority credit and sick leave, vacation, insurance, and pension credits
in accordance with the records or labor agreements from the acquired
transportation system. Members and beneficiaries of any pension or
retirement system or other benefits established by the acquired
transportation system shall continue to have rights, privileges, benefits,
obligations and status with respect to such established system. The
Authority shall assume the obligations of any transportation system
acquired by it with regard to wages, salaries, hours, working conditions,
sick leave, health and welfare and pension or retirement provisions for
these employees. The Authority and the employees, through their
representatives for collective bargaining purposes, shall take whatever
action may be necessary to have pension trust funds presently under the
joint control of such Transportation Agency and the participating employees
through their representatives transferred to the trust funds to be
established, maintained, and administered jointly by the Authority and the
participating employees through their representatives.
(c) Whenever the Authority shall take any of the actions specified in
Section 2.16 (c), it shall do so only after meeting the requirements of
Section 2.16, and in addition, whenever the Authority shall acquire and
operate the public transportation facilities of a transportation agency
engaged in the transportation of persons by railroad, it shall do so only
in such manner as to insure the continued applicability to the railroad
employees affected thereby of the provisions of all federal statutes then
applicable to them and a continuation of their existing collective
bargaining agreements until the provisions of said agreements can be
re‑negotiated by representatives of the Authority and the representatives
of said employees duly designated as such pursuant to the terms and
provisions of the Railway Labor Act, as amended (45 U.S.C. 151 et seq.);
provided, however, that nothing in this subsection shall prevent the
abandonment of such facilities, or the discontinuance of such operations
pursuant to applicable law, or the substitution of other operations or
facilities for such operations or facilities, whether by merger,
consolidation, coordination or otherwise. In the event new or supplemental
operations or facilities are substituted therefor, the provisions of
Section 2.19 shall be applicable, and all questions concerning the
selection of forces to perform the work of such new or supplemental
facilities or operations, and whether the Authority shall be required to
insure the continued applicability of the federal statutes applicable to
such employees shall be negotiated and, if necessary, arbitrated, in
accordance with the procedures set forth in subsection 2.19 (a).
(Source: P.A. 78‑3rd S.S.‑5.)
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(70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19)
Sec. 2.19.
Labor Relations Procedures.
(a) Whenever the Authority proposes to operate or to enter into a
contract to operate any new public transportation facility which may result
in the displacement of employees or the rearrangement of the working forces
of the Authority or of the Chicago Transit Authority or of any transportation
agency, the Authority shall give
at least 90 days written notice of such proposed operations to the
representatives of the employees affected and the Authority shall provide
for the selection of forces to perform the work of that facility on the
basis of agreement between the Authority and the representatives of such
employees. In the event of failure to agree, the dispute may be submitted
by the Authority or by any representative of the employees affected to
final and binding arbitration by an impartial arbitrator to be selected by
the American Arbitration Association from a current listing of arbitrators
of the National Academy of Arbitrators.
(b) In case of any labor dispute not otherwise governed by this Act, by
the Labor Management Relations Act, as amended, the Railway Labor Act, as
amended, or by impasse resolution provisions in a collective bargaining or
protective agreement involving the Authority, the Chicago Transit Authority
or any transportation agency
financed in whole or in part by the Authority and the employees of the
Authority or of the Chicago Transit Authority or any such transportation
agency, which is not settled by the
parties thereto within 30 days from the date of commencement of
negotiations, either party may request the assistance of a mediator
appointed by either the State or Federal Mediation and Conciliation
Service, who shall seek to resolve the dispute. In the event that the
dispute is not resolved by mediation within a reasonable period, the
mediator shall certify to the parties that an impasse exists. Upon receipt
of the mediator's certification, any party to the dispute may, within 7
days, submit the dispute to a fact finder who shall be selected by the
parties pursuant to the rules of the American Arbitration Association from
a current listing of members of the National Academy of Arbitrators
supplied by the AAA. The fact finder shall have the duty to hold hearings,
or otherwise take evidence from the parties under such other arrangements
as they may agree. Upon completion of the parties' submissions, the fact
finder shall have the power to issue and make public findings and
recommendations, or to refer the dispute back to the parties for such other
appropriate action as he may recommend. In the event that the parties do
not reach agreement after the issuance of the fact finder's report and
recommendations, or in cases where neither party requests fact finding, the
Authority shall offer to submit the dispute to arbitration by a board
composed of 3 persons, one appointed by the Authority, one appointed by the
labor organization representing the employees, and a third member to be
agreed upon by the labor organization and the Authority. The member agreed
upon by the labor organization and the Authority shall act as chairman of
the board. The determination of the majority of the board of arbitration
thus established shall be final and binding on all matters in dispute. If,
after a period of 10 days from the date of the appointment of the two
arbitrators representing the Authority and the labor organization, the
third arbitrator has not been selected, then either arbitrator may request
the American Arbitration Association to furnish from a current listing of
the membership of the National Academy of Arbitrators the names of 7 such
members of the National Academy from which the third arbitrator shall be
selected. The arbitrators appointed by the Authority and the labor
organization, promptly after the receipt of such list, shall determine by
lot the order of elimination, and thereafter each shall in that order
alternately eliminate one name until only one name remains. The remaining
person on the list shall be the third arbitrator. The term "labor dispute"
shall be broadly construed and shall include any controversy concerning
wages, salaries, hours, working conditions, or benefits, including health
and welfare, sick leave, insurance, or pension or retirement provisions,
but not limited thereto, and including any controversy concerning any
differences or questions that may arise between the parties including but
not limited to the making or maintaining of collective bargaining
agreements, the terms to be included in such agreements, and the
interpretation or application of such collective bargaining agreements and
any grievance that may arise. Each party shall pay one‑half of the expenses
of such arbitration.
(Source: P.A. 83‑886.)
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(70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
Sec. 2.20.
General Powers.
(a) Except as otherwise limited by this Act,
the Authority shall
also have all powers necessary to meet its responsibilities and to carry
out its purposes, including, but not limited to, the following powers:
(i) To sue and be sued;
(ii) To invest any funds or any monies not required |
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for immediate use or disbursement, as provided in "An Act relating to certain investments of public funds by public agencies", approved July 23, 1943, as now or hereafter amended;
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(iii) To make, amend and repeal by‑laws, rules and
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regulations, and ordinances not inconsistent with this Act;
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(iv) To hold, sell, sell by installment contract,
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lease as lessor, transfer or dispose of such real or personal property as it deems appropriate in the exercise of its powers or to provide for the use thereof by any transportation agency and to mortgage, pledge or otherwise grant security interests in any such property;
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(v) To enter at reasonable times upon such lands,
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waters or premises as in the judgment of the Authority may be necessary, convenient or desirable for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this Act after having given reasonable notice of such proposed entry to the owners and occupants of such lands, waters or premises, the Authority being liable only for actual damage caused by such activity;
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(vi) To make and execute all contracts and other
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instruments necessary or convenient to the exercise of its powers;
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(vii) To enter into contracts of group insurance for
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the benefit of its employees and to provide for retirement or pensions or other employee benefit arrangements for such employees, and to assume obligations for pensions or other employee benefit arrangements for employees of transportation agencies, all or part of the facilities of which are acquired by the Authority;
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(viii) To provide for the insurance of any property,
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directors, officers, employees or operations of the Authority against any risk or hazard, and to self‑insure or participate in joint self‑insurance pools or entities to insure against such risk or hazard;
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(ix) To appear before the Illinois Commerce
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Commission in all proceedings concerning the Authority, a Service Board or any transportation agency; and
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(x) To pass all ordinances and make all rules and
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regulations proper or necessary to regulate the use, operation and maintenance of its property and facilities and, by ordinance, to prescribe fines or penalties for violations thereof. No fine or penalty shall exceed $1,000 per offense. Any ordinance providing for any fine or penalty shall be published in a newspaper of general circulation in the metropolitan region. No such ordinance shall take effect until 10 days after its publication.
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(xi) The Authority may enter into arbitration
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arrangements, which may be final and binding.
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(xii) The Commuter Rail Board shall continue the
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separate public corporation, known as the Northeast Illinois Regional Commuter Railroad Corporation, as a separate operating unit to operate on behalf of the Commuter Rail Board commuter railroad facilities, subject at all times to the supervision and direction of the Commuter Rail Board and may, by ordinance, dissolve such Corporation. Such Corporation shall be governed by a Board of Directors which shall consist of the members of the Transition Board until such time as all of the members of the Commuter Rail Board are appointed and qualified and thereafter the members of the Commuter Rail Board. Such Corporation shall have all the powers given the Authority and the Commuter Rail Board under Article II of this Act (other than under Section 2.13) as are delegated to it by ordinance of the Commuter Rail Board with regard to such operation of facilities and the same exemptions, restrictions and limitations as are provided by law with regard to the Authority shall apply to such Corporation. Such Corporation shall be a transportation agency as provided in this Act except for purposes of paragraph (e) of Section 3.01 of this Act.
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(xiii) The Authority shall cooperate with the
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Illinois Commerce Commission and local law enforcement agencies in establishing a two year pilot program in DuPage County to determine the effectiveness of an automated railroad grade crossing enforcement system.
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(b) In each case in which this Act gives the Authority the power to
construct or acquire real or personal property, the Authority shall have
the power to acquire such property by contract, purchase, gift, grant,
exchange for other property or rights in property, lease (or sublease)
or installment or conditional purchase contracts, which leases or
contracts may provide for consideration therefor to be paid in annual
installments during a period not exceeding 40 years. Property may be
acquired subject to such conditions, restrictions, liens, or security or
other interests of other parties as the Authority may deem appropriate,
and in each case the Authority may acquire a joint, leasehold, easement,
license or other partial interest in such property. Any such acquisition
may provide for the assumption of, or agreement to pay, perform or
discharge outstanding or continuing duties, obligations or liabilities
of the seller, lessor, donor or other transferor of or of the trustee
with regard to such property. In connection with the acquisition of
public transportation equipment, including, but not limited to, rolling
stock, vehicles, locomotives, buses or rapid transit equipment, the
Authority may also execute agreements concerning such equipment leases,
equipment trust certificates, conditional purchase agreements and such
other security agreements and may make such agreements and covenants as
required, in the form customarily used in such cases appropriate to
effect such acquisition. Obligations of the Authority incurred pursuant
to this Section shall not be considered bonds or notes within the
meaning of Section 4.04 of this Act.
(c) The Authority shall assume all costs of rights, benefits and
protective conditions to which any employee is entitled under this Act
from any transportation agency in the event of the inability of the
transportation agency to meet its obligations in relation thereto due to
bankruptcy or insolvency, provided that the Authority shall retain the
right to proceed against the bankrupt or insolvent transportation agency
or its successors, trustees, assigns or debtors for the costs assumed.
The Authority may mitigate its liability under this paragraph (c) and
under Section 2.16 to the extent of employment and employment benefits
which it tenders.
(Source: P.A. 89‑454, eff. 5‑17‑96.)
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(70 ILCS 3615/2.30)
Sec. 2.30.
Paratransit services.
(a) For purposes of this Act, "ADA paratransit services" shall mean those comparable or specialized transportation services provided by, or under grant or purchase of service contracts of, the Service Boards to individuals with disabilities who are unable to use fixed route transportation systems and who are determined to be eligible, for some or all of their trips, for such services under the Americans with Disabilities Act of 1990 and its implementing regulations.
(b) Beginning July 1, 2005, the Authority is responsible for the funding, financial review and oversight of all ADA paratransit services that are provided by the Authority or by any of the Service Boards. The Suburban Bus Board shall operate or provide for the operation of all ADA paratransit services by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to subsection (c).
(c) No later than January 1, 2006, the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, shall develop a plan for the provision of ADA paratransit services and submit such plan to the Federal Transit Administration for approval. Approval of such plan by the Authority shall require the affirmative votes of 9 of the then Directors. The Suburban Bus Board, the Chicago Transit Authority and the Authority shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving such plan including, without limitation, consulting with individuals with disabilities and groups representing them in the community, and providing adequate opportunity for public comment and public hearings. The plan shall include the contents required for a paratransit plan pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations. The plan shall also include, without limitation, provisions to:
(1) maintain, at a minimum, the levels of ADA
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paratransit service that are required to be provided by the Service Boards pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations;
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(2) transfer the appropriate ADA paratransit
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services, management, personnel, service contracts and assets from the Chicago Transit Authority to the Authority or the Suburban Bus Board, as necessary, by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to this subsection (c);
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(3) provide for consistent policies throughout the
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metropolitan region for scheduling of ADA paratransit service trips to and from destinations, with consideration of scheduling of return trips on a "will‑call" open‑ended basis upon request of the rider, if practicable, and with consideration of an increased number of trips available by subscription service than are available as of the effective date of this amendatory Act;
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(4) provide that service contracts and rates, entered
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into or set after the approval by the Federal Transit Administration of the plan prepared pursuant to subsection (c) of this Section, with private carriers and taxicabs for ADA paratransit service are procured by means of an open procurement process;
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(5) provide for fares, fare collection and billing
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procedures for ADA paratransit services throughout the metropolitan region;
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(6) provide for performance standards for all ADA
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paratransit service transportation carriers, with consideration of door‑to‑door service;
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(7) provide, in cooperation with the Illinois
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Department of Transportation, the Illinois Department of Public Aid and other appropriate public agencies and private entities, for the application and receipt of grants, including, without limitation, reimbursement from Medicaid or other programs for ADA paratransit services;
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(8) provide for a system of dispatch of ADA
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paratransit services transportation carriers throughout the metropolitan region, with consideration of county‑based dispatch systems already in place as of the effective date of this amendatory Act;
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(9) provide for a process of determining eligibility
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for ADA paratransit services that complies with the Americans with Disabilities Act of 1990 and its implementing regulations;
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(10) provide for consideration of innovative methods
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to provide and fund ADA paratransit services; and
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(11) provide for the creation of one or more ADA
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advisory boards, or the reconstitution of the existing ADA advisory boards for the Service Boards, to represent the diversity of individuals with disabilities in the metropolitan region and to provide appropriate ongoing input from individuals with disabilities into the operation of ADA paratransit services.
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(d) All revisions and annual updates to the ADA
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paratransit services plan developed pursuant to subsection (c) of this Section, or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developed by the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, and the Authority shall submit such revision, update or certification to the Federal Transit Administration for approval. Approval of such revisions, updates or certifications by the Authority shall require the affirmative votes of 9 of the then Directors.
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(e) The Illinois Department of Transportation, the
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Illinois Department of Public Aid, the Authority, the Suburban Bus Board and the Chicago Transit Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements of this Section.
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(f) By no later than April 1, 2007, the Authority shall
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develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. Approval of such plan by the Authority shall require the affirmative votes of 9 of the then Directors. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long‑term costs of providing ADA paratransit services, identification of and recommendations for possible cost efficiencies in providing ADA paratransit services, and identification of and recommendations for possible funding sources for providing ADA paratransit services. The Illinois Department of Transportation, the Illinois Department of Public Aid, the Suburban Bus Board, the Chicago Transit Authority and other State and local public agencies as appropriate shall cooperate with the Authority in the preparation of such funding plan.
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(g) Any funds derived from the federal Medicaid program
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for reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costs of providing such services.
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(h) Nothing in this amendatory Act shall be construed to
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conflict with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations.
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(Source: P.A. 94‑370, eff. 7‑29‑05.)
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