Full Text of HB5095 96th General Assembly
HB5095ham002 96TH GENERAL ASSEMBLY
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Rep. Tom Cross
Filed: 3/3/2010
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LRB096 16170 AJO 38073 a |
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| AMENDMENT TO HOUSE BILL 5095
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| AMENDMENT NO. ______. Amend House Bill 5095, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Pedestrians with Disabilities Safety Act. | 7 |
| Section 5. Definitions. For purposes of this Act,
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| "Mobility device" means a support cane, walker, crutches, | 9 |
| wheelchair, scooter, or other device, which may be necessary | 10 |
| for use by a pedestrian with a disability when traveling.
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| "Pedestrian with a disability" means a person with a | 12 |
| disability, as defined by the Americans with Disabilities Act, | 13 |
| who may require the use of a mobility device, service animal, | 14 |
| or White cane to travel on the streets, sidewalks, highways, | 15 |
| and walkways of this State.
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| "Service animal" means a service animal as defined by the |
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| Code of Federal Regulations (28 CFR 36.104).
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| "White cane" means a cane that is predominantly white or | 3 |
| metallic in color, with or without a red tip, that is held in | 4 |
| an extended or raised position.
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| Section 10. Rights of pedestrians with disabilities. | 6 |
| (a) A pedestrian with a disability has the same rights as | 7 |
| any other pedestrian to equal access and use of the streets, | 8 |
| sidewalks, highways, and walkways of this State.
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| (b) These rights are subject only to the conditions and | 10 |
| limitations established by law and applicable alike to all | 11 |
| persons.
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| (c) Any person who denies or interferes with the rights of | 13 |
| a pedestrian with a disability under this Act, shall be guilty | 14 |
| of a Class A misdemeanor with a mandatory minimum fine of $500 | 15 |
| for each violation.
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| Section 15. Mobility device; service animal; white cane.
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| (a) An operator of a vehicle shall stop the vehicle before | 18 |
| approaching closer than 10 feet to a pedestrian with a | 19 |
| disability who is using a mobility device, accompanied by a | 20 |
| visibly identifiable service animal, or carrying or using a | 21 |
| white cane, and shall take all precautions that may be | 22 |
| necessary to avoid an accident or injury to the pedestrian with | 23 |
| a disability. Any vehicle operator who fails to take such | 24 |
| precautions shall be liable for damages for any injury caused |
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| to the pedestrian with a disability.
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| (b) Nothing in this Act shall be construed to deprive any | 3 |
| person with a disability who is not using a mobility device, | 4 |
| not accompanied by a visibly identifiable service animal, or | 5 |
| not carrying or using a white cane of the rights of other | 6 |
| pedestrians, nor shall such an occurrence be conclusively held | 7 |
| to constitute evidence of contributory negligence.
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| (c) Qualified professionals involved in the training of | 9 |
| visibly identifiable service animals including training a | 10 |
| person with a disability in the use of an animal, orientation | 11 |
| and mobility instructors who are providing instruction to | 12 |
| persons with disabilities or receiving training to enable them | 13 |
| to provide that instruction, or any otherwise qualified person | 14 |
| providing instruction to a person with a disability in the | 15 |
| proper use of a mobility device or white cane shall be covered | 16 |
| by the provisions of this Section.
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| Section 20. Proclamation. Each year, the Governor is | 18 |
| authorized and requested to designate and take suitable public | 19 |
| notice of Pedestrians with Disabilities Safety Day (October 15) | 20 |
| and to issue a proclamation which:
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| (1) comments upon the necessity for and significance of | 22 |
| the Pedestrians with Disabilities Safety Act;
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| (2) calls upon the citizens of the State to observe the | 24 |
| provisions of the Pedestrians with Disabilities Safety Act | 25 |
| and to take precautions necessary for the safety of |
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| pedestrians with disabilities;
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| (3) reminds the citizens of the State of the policies | 3 |
| with respect to persons with disabilities and urges all | 4 |
| citizens to ensure that the policies are upheld;
and | 5 |
| (4) emphasizes the need of all citizens to be aware of | 6 |
| the presence of persons with disabilities in the community | 7 |
| and to keep safe and functional for persons with | 8 |
| disabilities the streets, sidewalks, highways, and | 9 |
| walkways of this State.
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| Section 80. The Illinois Vehicle Code is amended by | 11 |
| changing Sections 2-112 and 6-109 as follows:
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| (625 ILCS 5/2-112) (from Ch. 95 1/2, par. 2-112)
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| Sec. 2-112. Distribution of synopsis laws.
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| (a) The Secretary of State may publish a synopsis or | 15 |
| summary of the laws of
this State regulating the operation of | 16 |
| vehicles and may deliver a copy
thereof without charge with | 17 |
| each original vehicle registration and with
each original | 18 |
| driver's license.
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| (b) The Secretary of State shall make any necessary | 20 |
| revisions in its publications including, but not limited to, | 21 |
| the Illinois Rules of the Road, to accurately conform its | 22 |
| publications to the provisions of the Pedestrians with | 23 |
| Disabilities Safety Act. | 24 |
| (Source: P.A. 76-1586.)
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| (625 ILCS 5/6-109) (from Ch. 95 1/2, par. 6-109) | 2 |
| Sec. 6-109. Examination of Applicants. | 3 |
| (a) The Secretary of State shall examine every applicant | 4 |
| for a driver's
license or permit who has not been previously | 5 |
| licensed as a driver under the
laws of this State or any other | 6 |
| state or country, or any applicant for renewal
of such driver's | 7 |
| license or permit when such license or permit has been expired
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| for more than one year. The Secretary of State shall, subject | 9 |
| to the
provisions of paragraph (c), examine every licensed | 10 |
| driver at least every 8
years, and may examine or re-examine | 11 |
| any other applicant or licensed driver,
provided that during | 12 |
| the years 1984 through 1991 those drivers issued a license
for | 13 |
| 3 years may be re-examined not less than every 7 years or more | 14 |
| than every
10 years. | 15 |
| The Secretary of State shall require the testing of the | 16 |
| eyesight of any
driver's license or permit applicant who has | 17 |
| not been previously licensed
as a driver under the laws of this | 18 |
| State and shall promulgate rules and
regulations to provide for | 19 |
| the orderly administration of all the provisions of
this | 20 |
| Section. | 21 |
| The Secretary of State shall include at least one test | 22 |
| question that concerns the provisions of the Pedestrians with | 23 |
| Disabilities Safety Act in the question pool used for the | 24 |
| written portion of the drivers license examination within one | 25 |
| year after the effective date of this amendatory Act of the |
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| 96th General Assembly. | 2 |
| (b) Except as provided for those applicants in paragraph | 3 |
| (c), such
examination shall include a test of the applicant's
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| eyesight, his ability to read and understand official traffic | 5 |
| control devices,
his knowledge of safe driving practices and | 6 |
| the traffic laws of this State,
and may include an actual | 7 |
| demonstration of the applicant's ability to exercise
ordinary | 8 |
| and reasonable control of the operation of a motor vehicle, and
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| such further physical and mental examination as the Secretary | 10 |
| of State finds
necessary to determine the applicant's fitness | 11 |
| to operate a motor vehicle
safely on the highways, except the | 12 |
| examination of an applicant 75 years
of age or older shall | 13 |
| include an actual demonstration of the applicant's
ability to | 14 |
| exercise ordinary and reasonable control of the operation of
a | 15 |
| motor vehicle. All portions of written and verbal examinations | 16 |
| under
this Section, excepting where the English language | 17 |
| appears on facsimiles
of road signs, may be given in the | 18 |
| Spanish language and, at the discretion
of the Secretary of | 19 |
| State, in any other language as well as in English upon
request | 20 |
| of the examinee. Deaf persons who are otherwise qualified are | 21 |
| not
prohibited from being issued a license, other than a | 22 |
| commercial driver's
license, under this Code. | 23 |
| (c) Re-examination for those applicants who at the time of | 24 |
| renewing their
driver's license possess a driving record devoid | 25 |
| of any convictions of traffic
violations or evidence of | 26 |
| committing an offense
for which mandatory revocation
would be |
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| required upon conviction pursuant to Section 6-205 at the time
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| of renewal shall be in a manner prescribed by the Secretary
in | 3 |
| order to determine an applicant's ability to safely operate a | 4 |
| motor
vehicle,
except that every applicant for the renewal of a | 5 |
| driver's license who is
75 years of age or older must prove, by | 6 |
| an actual demonstration,
the applicant's ability to exercise | 7 |
| reasonable care in the safe operation
of a motor vehicle. | 8 |
| (d) In the event the applicant is not ineligible under the | 9 |
| provisions of
Section 6-103 to receive a driver's license, the | 10 |
| Secretary of State
shall make provision for giving an | 11 |
| examination, either in the county where
the applicant resides | 12 |
| or at a place adjacent thereto reasonably convenient
to the | 13 |
| applicant, within not more than 30 days from the date said
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| application is received. | 15 |
| (Source: P.A. 91-350, eff. 7-29-99.)
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| Section 99. Effective date. This Act takes effect July 1, | 17 |
| 2010.".
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