Bill Text: IL HB5095 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Creates the Pedestrians with Disabilities Safety Act. 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. Requires the Secretary of State 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. Effective July 1, 2010.

Sponsorship: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2010-07-22 - Public Act . . . . . . . . . 96-1167 [HB5095 Detail]

Download: Illinois-2009-HB5095-Enrolled.html

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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:
"Mobility device" means a support cane, walker, crutches,
wheelchair, scooter, or other device, which may be necessary
for use by a pedestrian with a disability when traveling.
"Pedestrian with a disability" means a person with a
disability, as defined by the Americans with Disabilities Act,
who may require the use of a mobility device, service animal,
or white cane to travel on the streets, sidewalks, highways,
and walkways of this State.
"Service animal" means a service animal as defined by the
Code of Federal Regulations (28 CFR 36.104).
"White cane" means a cane that is predominantly white or
metallic in color, with or without a red tip, that is held in
an extended or raised position.
Section 10. Rights of pedestrians with disabilities.
(a) A pedestrian with a disability has the same rights as
any other pedestrian to equal access and use of the streets,

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sidewalks, highways, and walkways of this State.
(b) These rights are subject only to the conditions and
limitations established by law and applicable alike to all
persons.
(c) Any person who denies or interferes with the rights of
a pedestrian with a disability under this Act, shall be guilty
of a Class A misdemeanor with a mandatory minimum fine of $500
for each violation.
Section 15. Mobility device; service 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 animal, or carrying or using a
white cane, and shall take all precautions that may be
necessary to avoid an accident or injury to the pedestrian with
a disability. Any vehicle operator who fails to take such
precautions shall be liable for damages for any injury caused
to the pedestrian with a disability.
(b) Nothing in this Act shall be construed to deprive any
person with a disability who is not using a mobility device,
not accompanied by a visibly identifiable service animal, or
not carrying or using a white cane of the rights of other
pedestrians, nor shall such an occurrence be conclusively held
to constitute evidence of contributory negligence.
(c) Qualified professionals involved in the training of

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visibly identifiable service 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 or white cane shall be covered
by the provisions of this Section.
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 for 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 ensure that the policies are upheld; and
(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, sidewalks, highways, and

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walkways of this State.
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.
(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

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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.
(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

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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

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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.