HB5095 96TH GENERAL ASSEMBLY

LRB096 16170 AJO 31422 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5095

Introduced 1/29/2010, by Rep. Tom Cross - Timothy L. Schmitz

SYNOPSIS AS INTRODUCED:

New Act
625 ILCS 5/2-112	from Ch. 95 1/2, par. 2-112
625 ILCS 5/6-109	from Ch. 95 1/2, par. 6-109

Creates the Pedestrians with Disabilities Safety Act. Defines "blind", "mobility device", "motorized wheelchair", and "pedestrian with a disability". Provides that a person with a disability: has the same right as a nondisabled person to the full use of the streets and public places; is entitled to full and equal accommodations of all common carriers, public conveyances, or modes of transportation, and places of public accommodation subject only to the conditions established by law and applicable to all persons; and, if the person has a service or support animal, has the right to be accompanied by the animal in any of the places listed without being required to pay an extra charge provided that the person shall be liable for any damage done by the animal. Provides that a vehicle operator shall accommodate a pedestrian with a disability who is using a mobility device, service animal, or white cane and take all necessary precautions to avoid injury. Provides that any person who interferes with the rights of a person with a disability under the Act is guilty of a Class A misdemeanor with a minimum fine of $500 per violation. Provides that each year the Governor is authorized and requested to proclaim Pedestrians with Disabilities Safety Day. Amends the Illinois Vehicle Code. Provides that the Secretary of State is mandated to revise its publications, including the Illinois Rules of the Road, and the drivers license examination to reflect the provisions of the Pedestrians with Disabilities Safety Act. Contains other provisions. Repeals the White Cane Law. Effective July 1, 2010.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning human rights.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Pedestrians with Disabilities Safety Act.

Section 5. Definitions. For purposes of this Act,

"Blind" means any person whose central visual acuity does not exceed 20/200 in the better eye with corrective lenses or a visually impaired person whose vision with best correction is 20/60 in the better eye, or with a field restriction of 105 degrees if monocular vision or 140 degrees if binocular vision.

"Mobility device" means a support cane, walker, crutches, wheelchair, scooter, or other device, the use of which is necessary by a pedestrian with a disability to travel.

"Motorized wheelchair" means any self-propelled vehicle, including a three-wheeled vehicle, designed for and used by persons with disabilities, that is incapable of a speed in excess of 8 miles per hour on level ground.

"Pedestrian with a disability" means a person with a visual or physical impairment, epilepsy or other seizure disorder, or any other type of disability not specifically mentioned herein which may require the individual to use a white cane, dog guide, other service animal, or mobility device to travel on the streets, sidewalks, and highways of the State.

Section 10. Person with a disability.

(a) Any pedestrian with a disability has the same right as a nondisabled person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

(b) A person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

(c) Any person with a disability or a trainer of service or support animals, including but not limited to dog guides and hearing dogs, shall have the right to be accompanied by a service or support animal especially trained for that purpose, or an animal that is being trained to be a service or support animal, in any of the places listed in this Section without being required to pay an extra charge for the service or support animal, provided that the person shall be liable for any damage done to the premises or facilities by the animal.

Section 15. Mobility device; service or support animal; white cane.

(a) An operator of a vehicle shall stop the vehicle before approaching closer than 10 feet to a pedestrian with a disability who is using a mobility device, accompanied by a visibly identifiable service or support animal, or carrying or using a cane predominately white or metallic in color, with or without a red tip, and which is held in an extended or raised position, and shall take precautions that may be necessary to avoid an accident or injury to the pedestrian. The fact that the pedestrian may be violating any of the laws applicable to pedestrians does not relieve the operator of a vehicle from the duties imposed by this subsection. A vehicle operator approaching a pedestrian with a disability who is using a mobility device, accompanied by a visibly identifiable service or support animal, or visibly carrying or using a cane predominately white or metallic in color, with or without a red tip, shall take all necessary precautions to avoid injury to the pedestrian, and any vehicle operator who fails to take such precautions shall be liable for damages for any injury caused to the pedestrian.

(b) Nothing in this Act shall be construed to deprive any pedestrian with a disability who is not using a mobility device, not accompanied by a visibly identifiable service or support animal, or not carrying or using a cane predominately white or metallic in color, with or without a red tip, of the rights of other pedestrians, nor shall such an occurrence be conclusively held to constitute evidence of contributory negligence.

(c) No person who is not a person with a disability shall use a mobility device, be accompanied by a visibly identifiable service or support animal, or carry or use on any street, highway, or other public place a cane predominately white or metallic in color, with or without a red tip.

(d) Exceptions to the provisions of this Section shall be granted for qualified professionals involved in the training of visibly identifiable service or support animals including training a person with a disability in the use of an animal, orientation and mobility instructors who are providing instruction to persons with disabilities or receiving training to enable them to provide that instruction, or any otherwise qualified person providing instruction to a person with a disability in the proper use of a mobility device.

(e) Any person who denies or interferes with admittance to or enjoyment of the public facilities enumerated in this Act or otherwise interferes with the rights of a person with a disability under this Section shall be guilty of a Class A misdemeanor with a mandatory minimum fine of $500 for each violation.

Section 20. Proclamation. Each year, the Governor is authorized and requested to designate and take suitable public notice of Pedestrians with Disabilities Safety Day (October 15) and to issue a proclamation which:

(1) comments upon the necessity for and significance of the Pedestrians with Disabilities Safety Act;

(2) calls upon the citizens of the State to observe the provisions of the Pedestrians with Disabilities Safety Act and to take precautions necessary to the safety of pedestrians with disabilities;

(3) reminds the citizens of the State of the policies with respect to persons with disabilities and urges all citizens to cooperate in giving effect to them;

(4) emphasizes the need of all citizens to be aware of the presence of persons with disabilities in the community and to keep safe and functional for persons with disabilities the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to persons with disabilities upon appropriate occasions.

Section 80. The Illinois Vehicle Code is amended by changing Sections 2-112 and 6-109 as follows:

(625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)

Sec. 2-112. Distribution of synopsis laws.

(a) The Secretary of State may publish a synopsis or summary of the laws of this State regulating the operation of vehicles and may deliver a copy thereof without charge with each original vehicle registration and with each original driver's license.

(b) The Secretary of State shall make any necessary revisions in its publications including, but not limited to, the Illinois Rules of the Road, to accurately conform its publications to the provisions of the Pedestrians with Disabilities Safety Act. The Secretary of State shall make these revisions after consulting with disability rights organizations that represent persons with disabilities who are protected by the Pedestrians with Disabilities Safety Act.

(Source: P.A. 76-1586.)

(625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109)

Sec. 6-109. Examination of Applicants.

(a) The Secretary of State shall examine every applicant for a driver's license or permit who has not been previously licensed as a driver under the laws of this State or any other state or country, or any applicant for renewal of such driver's license or permit when such license or permit has been expired for more than one year. The Secretary of State shall, subject to the provisions of paragraph (c), examine every licensed driver at least every 8 years, and may examine or re-examine any other applicant or licensed driver, provided that during the years 1984 through 1991 those drivers issued a license for 3 years may be re-examined not less than every 7 years or more than every 10 years.

The Secretary of State shall require the testing of the eyesight of any driver's license or permit applicant who has not been previously licensed as a driver under the laws of this State and shall promulgate rules and regulations to provide for the orderly administration of all the provisions of this Section. The Secretary of State shall include at least one test question that concerns the provisions of the Pedestrians with Disabilities Safety Act in the question pool used for the written portion of the drivers license examination within one year after the effective date of this amendatory Act of the 96th General Assembly. The Secretary of State shall make these revisions after consulting with disability rights organizations that represent persons with disabilities who are protected by the Pedestrians with Disabilities Safety Act.

(b) Except as provided for those applicants in paragraph (c), such examination shall include a test of the applicant's eyesight, his ability to read and understand official traffic control devices, his knowledge of safe driving practices and the traffic laws of this State, and may include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle, and such further physical and mental examination as the Secretary of State finds necessary to determine the applicant's fitness to operate a motor vehicle safely on the highways, except the examination of an applicant 75 years of age or older shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle. All portions of written and verbal examinations under this Section, excepting where the English language appears on facsimiles of road signs, may be given in the Spanish language and, at the discretion of the Secretary of State, in any other language as well as in English upon request of the examinee. Deaf persons who are otherwise qualified are not prohibited from being issued a license, other than a commercial driver's license, under this Code.

(c) Re-examination for those applicants who at the time of renewing their driver's license possess a driving record devoid of any convictions of traffic violations or evidence of committing an offense for which mandatory revocation would be required upon conviction pursuant to Section 6-205 at the time of renewal shall be in a manner prescribed by the Secretary in order to determine an applicant's ability to safely operate a motor vehicle, except that every applicant for the renewal of a driver's license who is 75 years of age or older must prove, by an actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle.

(d) In the event the applicant is not ineligible under the provisions of Section 6-103 to receive a driver's license, the Secretary of State shall make provision for giving an examination, either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant, within not more than 30 days from the date said application is received.

(Source: P.A. 91-350, eff. 7-29-99.)

Section 99. Effective date. This Act takes effect July 1, 2010.