Public Act 096-1167
 
HB5095 EnrolledLRB096 16170 AJO 31422 b


  
    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, 
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 
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 
    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

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

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.