97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3687

 

Introduced 2/10/2012, by Sen. Christine J. Johnson

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/1A
15 ILCS 335/4  from Ch. 124, par. 24
15 ILCS 335/5  from Ch. 124, par. 25
625 ILCS 5/6-106  from Ch. 95 1/2, par. 6-106
625 ILCS 5/6-110  from Ch. 95 1/2, par. 6-110
720 ILCS 630/0.01  from Ch. 38, par. 65
720 ILCS 630/1  from Ch. 38, par. 65-1
740 ILCS 13/5
775 ILCS 30/3  from Ch. 23, par. 3363

    Amends the Illinois Identification Card Act. Provides that, beginning January 1, 2013, the Secretary of State shall provide a space on each original or renewal identification card where, at the request of the applicant, a designation may be placed to indicate that the applicant owns or is training a service dog. Amends the Illinois Vehicle Code. Provides that, beginning January 1, 2013, the Secretary of State shall provide a space on each original or renewal driver's license where, at the request of the applicant, a designation may be placed to indicate that the applicant owns or is training a service dog. Amends the Guide Dog Access Act. Changes the short title of the Act to the Service Dog Access Act. Defines "service dog". Makes conforming changes to the Assistance Animal Damages Act and White Cane Law. Effective immediately.


LRB097 20122 JDS 65506 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3687LRB097 20122 JDS 65506 b

1    AN ACT concerning service dogs.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Sections 1A, 4, and 5 as follows:
 
6    (15 ILCS 335/1A)
7    Sec. 1A. Definitions. As used in this Act:
8    "Highly restricted personal information" means an
9individual's photograph, signature, social security number,
10and medical or disability information.
11    "Identification card making implement" means any material,
12hardware, or software that is specifically designed for or
13primarily used in the manufacture, assembly, issuance, or
14authentication of an official identification card issued by the
15Secretary of State.
16    "Fraudulent identification card" means any identification
17card that purports to be an official identification card for
18which a computerized number and file have not been created by
19the Secretary of State, the United States Government or any
20state or political subdivision thereof, or any governmental or
21quasi-governmental organization. For the purpose of this Act,
22any identification card that resembles an official
23identification card in either size, color, photograph

 

 

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1location, or design or uses the word "official", "state",
2"Illinois", or the name of any other state or political
3subdivision thereof, or any governmental or quasi-governmental
4organization individually or in any combination thereof to
5describe or modify the term "identification card" or "I.D.
6card" anywhere on the card, or uses a shape in the likeness of
7Illinois or any other state on the photograph side of the card,
8is deemed to be a fraudulent identification card unless the
9words "This is not an official Identification Card", appear
10prominently upon it in black colored lettering in 12 point type
11on the photograph side of the card, and no such card shall be
12smaller in size than 3 inches by 4 inches, and the photograph
13shall be on the left side of the card only.
14    "Legal name" means the full given name and surname of an
15individual as recorded at birth, recorded at marriage, or
16deemed as the correct legal name for use in reporting income by
17the Social Security Administration or the name as otherwise
18established through legal action that appears on the associated
19official document presented to the Secretary of State.
20    "Personally identifying information" means information
21that identifies an individual, including his or her
22identification card number, name, address (but not the 5-digit
23zip code), and telephone number.
24    "Homeless person" or "homeless individual" has the same
25meaning as defined by the federal McKinney-Vento Homeless
26Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).

 

 

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1    "Service dog" has the meaning ascribed to it in Section 1
2of the Service Dog Access Act.
3(Source: P.A. 96-183, eff. 7-1-10.)
 
4    (15 ILCS 335/4)  (from Ch. 124, par. 24)
5    Sec. 4. Identification Card.
6    (a) The Secretary of State shall issue a standard Illinois
7Identification Card to any natural person who is a resident of
8the State of Illinois who applies for such card, or renewal
9thereof, or who applies for a standard Illinois Identification
10Card upon release as a committed person on parole, mandatory
11supervised release, final discharge, or pardon from the
12Department of Corrections by submitting an identification card
13issued by the Department of Corrections under Section 3-14-1 of
14the Unified Code of Corrections, together with the prescribed
15fees. No identification card shall be issued to any person who
16holds a valid foreign state identification card, license, or
17permit unless the person first surrenders to the Secretary of
18State the valid foreign state identification card, license, or
19permit. The card shall be prepared and supplied by the
20Secretary of State and shall include a photograph and signature
21or mark of the applicant. However, the Secretary of State may
22provide by rule for the issuance of Illinois Identification
23Cards without photographs if the applicant has a bona fide
24religious objection to being photographed or to the display of
25his or her photograph. The Illinois Identification Card may be

 

 

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1used for identification purposes in any lawful situation only
2by the person to whom it was issued. As used in this Act,
3"photograph" means any color photograph or digitally produced
4and captured image of an applicant for an identification card.
5As used in this Act, "signature" means the name of a person as
6written by that person and captured in a manner acceptable to
7the Secretary of State.
8    (a-5) If an applicant for an identification card has a
9current driver's license or instruction permit issued by the
10Secretary of State, the Secretary may require the applicant to
11utilize the same residence address and name on the
12identification card, driver's license, and instruction permit
13records maintained by the Secretary. The Secretary may
14promulgate rules to implement this provision.
15    (b) The Secretary of State shall issue a special Illinois
16Identification Card, which shall be known as an Illinois
17Disabled Person Identification Card, to any natural person who
18is a resident of the State of Illinois, who is a disabled
19person as defined in Section 4A of this Act, who applies for
20such card, or renewal thereof. No Disabled Person
21Identification Card shall be issued to any person who holds a
22valid foreign state identification card, license, or permit
23unless the person first surrenders to the Secretary of State
24the valid foreign state identification card, license, or
25permit. The Secretary of State shall charge no fee to issue
26such card. The card shall be prepared and supplied by the

 

 

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1Secretary of State, and shall include a photograph and
2signature or mark of the applicant, a designation indicating
3that the card is an Illinois Disabled Person Identification
4Card, and shall include a comprehensible designation of the
5type and classification of the applicant's disability as set
6out in Section 4A of this Act. However, the Secretary of State
7may provide by rule for the issuance of Illinois Disabled
8Person Identification Cards without photographs if the
9applicant has a bona fide religious objection to being
10photographed or to the display of his or her photograph. If the
11applicant so requests, the card shall include a description of
12the applicant's disability and any information about the
13applicant's disability or medical history which the Secretary
14determines would be helpful to the applicant in securing
15emergency medical care. If a mark is used in lieu of a
16signature, such mark shall be affixed to the card in the
17presence of two witnesses who attest to the authenticity of the
18mark. The Illinois Disabled Person Identification Card may be
19used for identification purposes in any lawful situation by the
20person to whom it was issued.
21    The Illinois Disabled Person Identification Card may be
22used as adequate documentation of disability in lieu of a
23physician's determination of disability, a determination of
24disability from a physician assistant who has been delegated
25the authority to make this determination by his or her
26supervising physician, a determination of disability from an

 

 

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1advanced practice nurse who has a written collaborative
2agreement with a collaborating physician that authorizes the
3advanced practice nurse to make this determination, or any
4other documentation of disability whenever any State law
5requires that a disabled person provide such documentation of
6disability, however an Illinois Disabled Person Identification
7Card shall not qualify the cardholder to participate in any
8program or to receive any benefit which is not available to all
9persons with like disabilities. Notwithstanding any other
10provisions of law, an Illinois Disabled Person Identification
11Card, or evidence that the Secretary of State has issued an
12Illinois Disabled Person Identification Card, shall not be used
13by any person other than the person named on such card to prove
14that the person named on such card is a disabled person or for
15any other purpose unless the card is used for the benefit of
16the person named on such card, and the person named on such
17card consents to such use at the time the card is so used.
18    An optometrist's determination of a visual disability
19under Section 4A of this Act is acceptable as documentation for
20the purpose of issuing an Illinois Disabled Person
21Identification Card.
22    When medical information is contained on an Illinois
23Disabled Person Identification Card, the Office of the
24Secretary of State shall not be liable for any actions taken
25based upon that medical information.
26    (c) Beginning January 1, 1986, the Secretary of State shall

 

 

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1provide that each original or renewal Illinois Identification
2Card or Illinois Disabled Person Identification Card issued to
3a person under the age of 21, shall be of a distinct nature
4from those Illinois Identification Cards or Illinois Disabled
5Person Identification Cards issued to individuals 21 years of
6age or older. The color designated for Illinois Identification
7Cards or Illinois Disabled Person Identification Cards for
8persons under the age of 21 shall be at the discretion of the
9Secretary of State.
10    (c-1) Beginning January 1, 2003, each original or renewal
11Illinois Identification Card or Illinois Disabled Person
12Identification Card issued to a person under the age of 21
13shall display the date upon which the person becomes 18 years
14of age and the date upon which the person becomes 21 years of
15age.
16    (c-2) Beginning January 1, 2013, the Secretary of State
17shall provide a space on each original or renewal
18identification card where, at the request of the applicant, a
19designation may be placed to indicate that the applicant owns
20or is training a service dog. The designation shall be
21available to any applicant who presents the Secretary with
22credentials establishing that he or she owns or is training a
23service dog.
24    (d) The Secretary of State may issue a Senior Citizen
25discount card, to any natural person who is a resident of the
26State of Illinois who is 60 years of age or older and who

 

 

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1applies for such a card or renewal thereof. The Secretary of
2State shall charge no fee to issue such card. The card shall be
3issued in every county and applications shall be made available
4at, but not limited to, nutrition sites, senior citizen centers
5and Area Agencies on Aging. The applicant, upon receipt of such
6card and prior to its use for any purpose, shall have affixed
7thereon in the space provided therefor his signature or mark.
8    (e) The Secretary of State, in his or her discretion, may
9designate on each Illinois Identification Card or Illinois
10Disabled Person Identification Card a space where the card
11holder may place a sticker or decal, issued by the Secretary of
12State, of uniform size as the Secretary may specify, that shall
13indicate in appropriate language that the card holder has
14renewed his or her Illinois Identification Card or Illinois
15Disabled Person Identification Card.
16(Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09;
1796-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
 
18    (15 ILCS 335/5)  (from Ch. 124, par. 25)
19    Sec. 5. Applications.
20    (a) Any natural person who is a resident of the State of
21Illinois, may file an application for an identification card or
22for the renewal thereof, in a manner prescribed by the
23Secretary. Each original application shall be completed by the
24applicant in full and shall set forth the legal name, residence
25address and zip code, social security number, birth date, sex

 

 

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1and a brief description of the applicant. The applicant shall
2be photographed, unless the Secretary of State has provided by
3rule for the issuance of identification cards without
4photographs and the applicant is deemed eligible for an
5identification card without a photograph under the terms and
6conditions imposed by the Secretary of State, and he or she
7shall also submit any other information as the Secretary may
8deem necessary or such documentation as the Secretary may
9require to determine the identity of the applicant. In addition
10to the residence address, the Secretary may allow the applicant
11to provide a mailing address. An applicant for a disabled
12persons card must also submit with each original or renewal
13application, on forms prescribed by the Secretary, such
14documentation as the Secretary may require, establishing that
15the applicant is a "disabled person" as defined in Section 4A
16of this Act, and setting forth the applicant's type and class
17of disability as set forth in Section 4A of this Act.
18    (b) Beginning January 1, 2013, for each original or renewal
19identification card application under this Act, the Secretary
20shall also inquire as to whether the applicant owns or is
21training a service dog.
22(Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
 
23    Section 10. The Illinois Vehicle Code is amended by
24changing Sections 6-106 and 6-110 as follows:
 

 

 

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1    (625 ILCS 5/6-106)  (from Ch. 95 1/2, par. 6-106)
2    Sec. 6-106. Application for license or instruction permit.
3    (a) Every application for any permit or license authorized
4to be issued under this Act shall be made upon a form furnished
5by the Secretary of State. Every application shall be
6accompanied by the proper fee and payment of such fee shall
7entitle the applicant to not more than 3 attempts to pass the
8examination within a period of 1 year after the date of
9application.
10    (b) Every application shall state the legal name, social
11security number, zip code, date of birth, sex, and residence
12address of the applicant; briefly describe the applicant; state
13whether the applicant has theretofore been licensed as a
14driver, and, if so, when and by what state or country, and
15whether any such license has ever been cancelled, suspended,
16revoked or refused, and, if so, the date and reason for such
17cancellation, suspension, revocation or refusal; shall include
18an affirmation by the applicant that all information set forth
19is true and correct; and shall bear the applicant's signature.
20In addition to the residence address, the Secretary may allow
21the applicant to provide a mailing address. The application
22form may also require the statement of such additional relevant
23information as the Secretary of State shall deem necessary to
24determine the applicant's competency and eligibility. The
25Secretary of State may, in his discretion, by rule or
26regulation, provide that an application for a drivers license

 

 

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1or permit may include a suitable photograph of the applicant in
2the form prescribed by the Secretary, and he may further
3provide that each drivers license shall include a photograph of
4the driver. The Secretary of State may utilize a photograph
5process or system most suitable to deter alteration or improper
6reproduction of a drivers license and to prevent substitution
7of another photo thereon.
8    (c) The application form shall include a notice to the
9applicant of the registration obligations of sex offenders
10under the Sex Offender Registration Act. The notice shall be
11provided in a form and manner prescribed by the Secretary of
12State. For purposes of this subsection (c), "sex offender" has
13the meaning ascribed to it in Section 2 of the Sex Offender
14Registration Act.
15    (d) Any male United States citizen or immigrant who applies
16for any permit or license authorized to be issued under this
17Act or for a renewal of any permit or license, and who is at
18least 18 years of age but less than 26 years of age, must be
19registered in compliance with the requirements of the federal
20Military Selective Service Act. The Secretary of State must
21forward in an electronic format the necessary personal
22information regarding the applicants identified in this
23subsection (d) to the Selective Service System. The applicant's
24signature on the application serves as an indication that the
25applicant either has already registered with the Selective
26Service System or that he is authorizing the Secretary to

 

 

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1forward to the Selective Service System the necessary
2information for registration. The Secretary must notify the
3applicant at the time of application that his signature
4constitutes consent to registration with the Selective Service
5System, if he is not already registered.
6    (e) Beginning January 1, 2013, for each original or renewal
7driver's license application under this Act, the Secretary
8shall inquire as to whether the applicant owns or is training a
9service dog. For the purposes of this subsection (e), "service
10dog" has the meaning ascribed to it in Section 1 of the Service
11Dog Access Act.
12(Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
 
13    (625 ILCS 5/6-110)  (from Ch. 95 1/2, par. 6-110)
14    Sec. 6-110. Licenses issued to drivers.
15    (a) The Secretary of State shall issue to every qualifying
16applicant a driver's license as applied for, which license
17shall bear a distinguishing number assigned to the licensee,
18the legal name, signature, zip code, date of birth, residence
19address, and a brief description of the licensee.
20    Licenses issued shall also indicate the classification and
21the restrictions under Section 6-104 of this Code.
22    A driver's license issued may, in the discretion of the
23Secretary, include a suitable photograph of a type prescribed
24by the Secretary.
25    (a-1) If the licensee is less than 18 years of age, unless

 

 

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1one of the exceptions in subsection (a-2) apply, the license
2shall, as a matter of law, be invalid for the operation of any
3motor vehicle during the following times:
4        (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday;
5        (B) Between 11:00 p.m. Saturday and 6:00 a.m. on
6    Sunday; and
7        (C) Between 10:00 p.m. on Sunday to Thursday,
8    inclusive, and 6:00 a.m. on the following day.
9    (a-2) The driver's license of a person under the age of 18
10shall not be invalid as described in subsection (a-1) of this
11Section if the licensee under the age of 18 was:
12        (1) accompanied by the licensee's parent or guardian or
13    other person in custody or control of the minor;
14        (2) on an errand at the direction of the minor's parent
15    or guardian, without any detour or stop;
16        (3) in a motor vehicle involved in interstate travel;
17        (4) going to or returning home from an employment
18    activity, without any detour or stop;
19        (5) involved in an emergency;
20        (6) going to or returning home from, without any detour
21    or stop, an official school, religious, or other
22    recreational activity supervised by adults and sponsored
23    by a government or governmental agency, a civic
24    organization, or another similar entity that takes
25    responsibility for the licensee, without any detour or
26    stop;

 

 

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1        (7) exercising First Amendment rights protected by the
2    United States Constitution, such as the free exercise of
3    religion, freedom of speech, and the right of assembly; or
4        (8) married or had been married or is an emancipated
5    minor under the Emancipation of Minors Act.
6    (a-2.5) The driver's license of a person who is 17 years of
7age and has been licensed for at least 12 months is not invalid
8as described in subsection (a-1) of this Section while the
9licensee is participating as an assigned driver in a Safe Rides
10program that meets the following criteria:
11        (1) the program is sponsored by the Boy Scouts of
12    America or another national public service organization;
13    and
14        (2) the sponsoring organization carries liability
15    insurance covering the program.
16    (a-3) If a graduated driver's license holder over the age
17of 18 committed an offense against traffic regulations
18governing the movement of vehicles or any violation of Section
196-107 or Section 12-603.1 of this Code in the 6 months prior to
20the graduated driver's license holder's 18th birthday, and was
21subsequently convicted of the offense, the provisions of
22subsection (a-1) shall continue to apply until such time as a
23period of 6 consecutive months has elapsed without an
24additional violation and subsequent conviction of an offense
25against traffic regulations governing the movement of vehicles
26or Section 6-107 or Section 12-603.1 of this Code.

 

 

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1    (a-4) If an applicant for a driver's license or instruction
2permit has a current identification card issued by the
3Secretary of State, the Secretary may require the applicant to
4utilize the same residence address and name on the
5identification card, driver's license, and instruction permit
6records maintained by the Secretary. The Secretary may
7promulgate rules to implement this provision.
8    (b) Until the Secretary of State establishes a First Person
9Consent organ and tissue donor registry under Section 6-117 of
10this Code, the Secretary of State shall provide a format on the
11reverse of each driver's license issued which the licensee may
12use to execute a document of gift conforming to the provisions
13of the Illinois Anatomical Gift Act. The format shall allow the
14licensee to indicate the gift intended, whether specific
15organs, any organ, or the entire body, and shall accommodate
16the signatures of the donor and 2 witnesses. The Secretary
17shall also inform each applicant or licensee of this format,
18describe the procedure for its execution, and may offer the
19necessary witnesses; provided that in so doing, the Secretary
20shall advise the applicant or licensee that he or she is under
21no compulsion to execute a document of gift. A brochure
22explaining this method of executing an anatomical gift document
23shall be given to each applicant or licensee. The brochure
24shall advise the applicant or licensee that he or she is under
25no compulsion to execute a document of gift, and that he or she
26may wish to consult with family, friends or clergy before doing

 

 

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1so. The Secretary of State may undertake additional efforts,
2including education and awareness activities, to promote organ
3and tissue donation.
4    (c) The Secretary of State shall designate on each driver's
5license issued a space where the licensee may place a sticker
6or decal of the uniform size as the Secretary may specify,
7which sticker or decal may indicate in appropriate language
8that the owner of the license carries an Emergency Medical
9Information Card.
10    The sticker may be provided by any person, hospital,
11school, medical group, or association interested in assisting
12in implementing the Emergency Medical Information Card, but
13shall meet the specifications as the Secretary may by rule or
14regulation require.
15    (d) The Secretary of State shall designate on each driver's
16license issued a space where the licensee may indicate his
17blood type and RH factor.
18    (e) The Secretary of State shall provide that each original
19or renewal driver's license issued to a licensee under 21 years
20of age shall be of a distinct nature from those driver's
21licenses issued to individuals 21 years of age and older. The
22color designated for driver's licenses for licensees under 21
23years of age shall be at the discretion of the Secretary of
24State.
25    (e-1) The Secretary shall provide that each driver's
26license issued to a person under the age of 21 displays the

 

 

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1date upon which the person becomes 18 years of age and the date
2upon which the person becomes 21 years of age.
3    (e-5) Beginning January 1, 2013, the Secretary of State
4shall provide a space on each original or renewal driver's
5license where, at the request of the applicant, a designation
6may be placed to indicate that the applicant owns or is
7training a service dog. The designation shall be available to
8any applicant who presents the Secretary with credentials
9establishing that he or she owns or is training a service dog.
10For the purposes of this subsection (e-5), "service dog" has
11the meaning ascribed to it in Section 1 of the Service Dog
12Access Act.
13    (f) The Secretary of State shall inform all Illinois
14licensed commercial motor vehicle operators of the
15requirements of the Uniform Commercial Driver License Act,
16Article V of this Chapter, and shall make provisions to insure
17that all drivers, seeking to obtain a commercial driver's
18license, be afforded an opportunity prior to April 1, 1992, to
19obtain the license. The Secretary is authorized to extend
20driver's license expiration dates, and assign specific times,
21dates and locations where these commercial driver's tests shall
22be conducted. Any applicant, regardless of the current
23expiration date of the applicant's driver's license, may be
24subject to any assignment by the Secretary. Failure to comply
25with the Secretary's assignment may result in the applicant's
26forfeiture of an opportunity to receive a commercial driver's

 

 

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1license prior to April 1, 1992.
2    (g) The Secretary of State shall designate on a driver's
3license issued, a space where the licensee may indicate that he
4or she has drafted a living will in accordance with the
5Illinois Living Will Act or a durable power of attorney for
6health care in accordance with the Illinois Power of Attorney
7Act.
8    (g-1) The Secretary of State, in his or her discretion, may
9designate on each driver's license issued a space where the
10licensee may place a sticker or decal, issued by the Secretary
11of State, of uniform size as the Secretary may specify, that
12shall indicate in appropriate language that the owner of the
13license has renewed his or her driver's license.
14    (h) A person who acts in good faith in accordance with the
15terms of this Section is not liable for damages in any civil
16action or subject to prosecution in any criminal proceeding for
17his or her act.
18(Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10;
1997-263, eff. 8-5-11.)
 
20    Section 15. The Guide Dog Access Act is amended by changing
21Sections 0.01 and 1 as follows:
 
22    (720 ILCS 630/0.01)  (from Ch. 38, par. 65)
23    Sec. 0.01. Short title. This Act may be cited as the
24Service Guide Dog Access Act.

 

 

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1(Source: P.A. 86-1324.)
 
2    (720 ILCS 630/1)  (from Ch. 38, par. 65-1)
3    Sec. 1. Service dog access to public accommodations.
4    (a) When an individual with a disability, including a
5physical, sensory, psychiatric, intellectual, or other mental
6disability, a blind, hearing impaired or physically
7handicapped person or a person who is subject to epilepsy or
8other seizure disorders is accompanied by a service dog dog
9which serves as a guide, leader, seizure-alert, or
10seizure-response dog for such person or when a trainer of a
11service dog guide, leader, seizure-alert, or seizure-response
12dog is accompanied by a service dog guide, leader,
13seizure-alert, or seizure-response dog or a dog that is being
14trained to be a service dog guide, leader, seizure-alert, or
15seizure-response dog, then neither the person nor the dog shall
16be denied the right of entry and use of facilities of any
17public place of accommodation as defined in Section 5-101 of
18the "Illinois Human Rights Act", if such dog is wearing a
19harness and such person presents credentials for inspection
20issued by a school for training service guide, leader,
21seizure-alert, or seizure-response dogs.
22    (b) For the purposes of this Section, "service dog" means
23any dog that is individually trained to do work or perform
24tasks for the benefit of an individual with a disability,
25including a physical, sensory, psychiatric, intellectual, or

 

 

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1other mental disability. The work or tasks performed by a
2service animal must be directly related to the individual's
3disability. Examples of work or tasks include, but are not
4limited to, assisting individuals who are blind or have low
5vision with navigation and other tasks, alerting individuals
6who are deaf or hard of hearing to the presence of people or
7sounds, providing non-violent protection or rescue work,
8pulling a wheelchair, assisting an individual during a seizure,
9alerting individuals to the presence of allergens, retrieving
10items such as medicine or the telephone, providing physical
11support and assistance with balance and stability to
12individuals with mobility disabilities, calming a person with
13Post Traumatic Stress Disorder (PTSD) during an anxiety attack,
14and helping persons with psychiatric and neurological
15disabilities by preventing or interrupting impulsive or
16destructive behaviors. The crime deterrent effects of an
17animal's presence and the provision of emotional support,
18well-being, comfort, or companionship do not constitute work or
19tasks for the purposes of this definition.
20    (c) Any violation of this Act is a Class C misdemeanor.
21(Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)
 
22    Section 20. The Assistance Animal Damages Act is amended by
23changing Section 5 as follows:
 
24    (740 ILCS 13/5)

 

 

SB3687- 21 -LRB097 20122 JDS 65506 b

1    Sec. 5. Definitions. As used in this Act:
2    "Blind person" means a person who has vision of 20/200 or
3less with the best correction or has a visual field of 20
4degrees or less.
5    "Guide dog" means a dog that is trained to lead or guide a
6blind person.
7    "Deaf person" means a person whose hearing disability
8precludes successful processing of linguistic information
9through audition with or without a hearing aid.
10    "Hearing ear dog" means a dog that is trained to assist a
11deaf person.
12    "Assistance animal" means any animal trained to assist a
13physically impaired person in one or more daily life
14activities, including but not limited to:
15        (1) service guide dogs;
16        (2) (blank) hearing ear dogs;
17        (3) an animal trained to pull a wheelchair;
18        (4) an animal trained to fetch dropped items; and
19        (5) an animal trained to perform balance work.
20    "Daily life activity" includes but is not limited to:
21        (1) self-care;
22        (2) ambulation;
23        (3) communication;
24        (4) transportation; or
25        (5) employment.
26    "Physically impaired person" means any person who is

 

 

SB3687- 22 -LRB097 20122 JDS 65506 b

1permanently physically impaired, whose physical impairment
2limits one or more of daily life activities and who has a
3record of impairment and is regarded by health care
4practitioners as having such an impairment, requiring the use
5of an assistance animal including but not limited to blindness,
6deafness and complete or partial paralysis.
7"Service dog" has the meaning ascribed to it in Section 1 of
8the Service Dog Access Act.
9(Source: P.A. 91-480, eff. 1-1-00.)
 
10    Section 25. The White Cane Law is amended by changing
11Section 3 as follows:
 
12    (775 ILCS 30/3)  (from Ch. 23, par. 3363)
13    Sec. 3. The blind, the visually handicapped, the hearing
14impaired, persons who are subject to epilepsy or other seizure
15disorders, and the otherwise physically disabled have the same
16right as the able-bodied to the full and free use of the
17streets, highways, sidewalks, walkways, public buildings,
18public facilities and other public places.
19    The blind, the visually handicapped, the hearing impaired,
20persons who are subject to epilepsy or other seizure disorders,
21and the otherwise physically disabled are entitled to full and
22equal accommodations, advantages, facilities and privileges of
23all common carriers, airplanes, motor vehicles, railroad
24trains, motor buses, street cars, boats or any other public

 

 

SB3687- 23 -LRB097 20122 JDS 65506 b

1conveyances or modes of transportation, hotels, lodging
2places, places of public accommodation, amusement or resort and
3other places to which the general public is invited, subject
4only to the conditions and limitations established by law and
5applicable alike to all persons.
6    Every totally or partially blind, hearing impaired, person
7who is subject to epilepsy or other seizure disorders, or
8otherwise physically disabled person or a trainer of service
9dogs support dogs, guide dogs, seizure-alert dogs,
10seizure-response dogs, or hearing dogs shall have the right to
11be accompanied by a service dog support dog or guide dog
12especially trained for the purpose, or a dog that is being
13trained to be a service dog support dog, guide dog,
14seizure-alert dog, seizure-response dog, or hearing dog, in any
15of the places listed in this Section without being required to
16pay an extra charge for the service dog guide, support,
17seizure-alert, seizure-response, or hearing dog; provided that
18he shall be liable for any damage done to the premises or
19facilities by such dog.
20    For the purposes of this Section, "service dog" has the
21meaning ascribed to it in Section 1 of the Service Dog Access
22Act.
23(Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.