HB3369 104TH GENERAL ASSEMBLY

LRB104 06397 LNS 16433 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3369

Introduced 2/18/2025, by Rep. Yolonda Morris

SYNOPSIS AS INTRODUCED:

620 ILCS 5/78.1 new

Amends the Illinois Aeronautics Act. Requires a carrier or an indirect carrier to provide assistance to an individual with a disability in a safe, dignified, and prompt manner. Provides that whether assistance is prompt shall depend on the totality of the circumstances. Provides that carriers shall provide or ensure the provision of timely assistance requested by or on behalf of an individual with a disability, or offered by carrier or airport operator personnel and accepted by an individual with a disability, in enplaning and deplaning. Provides requirements for deplaning an individual with a disability who is in an aisle chair. Provides that carriers must timely notify an individual with a disability regarding the status of the storage of the individual's assistive device in the cargo compartment. Provides that, if an individual's wheelchair or scooter is mishandled, the carrier must immediately notify the individual of his or her rights to take certain actions. Provides that a carrier shall presume liability for the mishandling of an individual's assistive device unless the carrier can demonstrate that the circumstances that led to the mishandling of the assistive device were outside of the carrier's control. Requires carriers to take certain actions if an individual's checked wheelchair or scooter has been delayed or lost, damaged, or pilfered. Provides that, if an individual with a disability is waiting for his or her mishandled personal wheelchair or scooter to be returned, repaired, or replaced, a carrier must use its best efforts to provide an adequate loaner wheelchair or scooter. Provides that, when conducting training for personnel, a carrier that operates aircraft with 19 or more passenger seats must ensure that the training meets certain requirements for all personnel who interact with the traveling public or who handle individuals' assistive devices as appropriate to the duties of each employee or contractor. Provides training requirements for employees designated as Complaints Resolution Officials.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Aeronautics Act is amended by adding Section 78.1 as follows:

(620 ILCS 5/78.1 new)

Sec. 78.1. Assistance for individuals with disabilities.

(a) As used in this Section:

"Assistive device" means any piece of equipment that assists an individual with a disability to cope with the effects of his or her disability.

"Carrier" means a person who undertakes, directly or indirectly, or by a lease or any other arrangement, to engage in air transportation in this State.

"Dignified" means conduct that respects passenger independence, autonomy, and privacy.

"Hands-on training" means in-person training that provides an employee or contractor the opportunity to learn and practice real-life scenarios in a safe and controlled environment without the possibility of real-life consequences to individuals with disabilities and with the use of a suitable life-sized model or equipment, as appropriate.

"Indirect carrier" means a person not directly involved in the operation of an aircraft who sells air transportation services to the general public other than as an authorized agent of a carrier in this State.

"Individual with a disability" or "Individual" means any individual who (i) has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, and (ii) has a record of such an impairment or is regarded as having such an impairment.

"Mishandled" means lost, delayed, damaged, or pilfered.

"Safe" means conduct that avoids the risk of bodily injury and ensures the proper handling of assistive devices.

(b) A carrier or an indirect carrier shall provide assistance to an individual with a disability in a safe, dignified, and prompt manner. Whether assistance is prompt shall depend on the totality of the circumstances, except as provided in subsection (c).

(c) Carriers shall provide or ensure the provision of timely assistance requested by or on behalf of an individual with a disability, or offered by carrier or airport operator personnel and accepted by an individual with a disability, in enplaning and deplaning. This assistance shall include, as needed, the services of personnel and the use of ground wheelchairs, accessible motorized carts, boarding wheelchairs, on-board wheelchairs, ramps, and mechanical lifts. When deplaning, prompt assistance must be provided to an individual with a disability who uses an aisle chair, including the following:

(1) Personnel and a boarding chair to aid in deplaning the individual shall be available when the last passenger who did not request deplaning assistance departs the aircraft.

(2) The individual's personal wheelchair shall be available as close as possible to the door of the aircraft, except where this practice would be inconsistent with federal regulations governing transportation security or the transportation of hazardous materials or when the individual requests the wheelchair be returned at a location other than the door of the aircraft. If the individual requests the wheelchair be returned at a location other than the door of the aircraft, an airport wheelchair shall be available as close as possible to the door of the aircraft for the individual's use.

(d) Carriers shall provide timely notification to an individual with a disability when the individual's wheelchair or scooter has been loaded and stowed in the cargo compartment and unloaded and retrieved from the cargo compartment. If an individual's wheelchair or scooter does not fit into the cargo compartment, the carrier shall immediately notify the individual.

(e) If an individual's wheelchair or scooter is mishandled, the carrier shall immediately notify the individual of his or her rights to the following:

(1) to file a claim with the carrier;

(2) to receive a loaner wheelchair or scooter from the carrier;

(3) to choose a preferred vendor for repairs or replacement of the wheelchair or scooter;

(4) to have a Complaints Resolution Official available; and

(5) to be provided information on how to contact the Complaints Resolution Official.

(f) The mishandling of an individual's checked wheelchair or other assistive device is a violation of the Air Carrier Access Act and this Section. A carrier shall assume liability for the mishandling of an individual's assistive device unless the carrier can demonstrate that the circumstances that led to the mishandling of the assistive device were outside of the carrier's control.

(g) If an individual's checked wheelchair or scooter has been delayed, a carrier shall:

(1) ensure that the wheelchair or scooter is transported to the individual's final destination within 24 hours of the individual's arrival by whatever means possible; and

(2) provide the individual with a choice between picking up the wheelchair or scooter at the individual's final destination airport or having the wheelchair or scooter delivered to another location upon a reasonable request by the individual. The wheelchair or scooter shall be considered to be provided to the individual when either (i) the wheelchair or scooter is transported to a location requested by the individual, regardless of whether the individual is present to take possession of the wheelchair or scooter, or (ii) when the wheelchair or scooter has arrived at the final destination airport, is available for pickup, and the carrier has provided notice to the individual of the location and availability of the wheelchair or scooter for pickup.

(h) If an individual's checked wheelchair or scooter has been lost, damaged, or pilfered, a carrier shall give the individual the following options:

(1) The individual may file a claim with the carrier and elect for the carrier to handle the repair or replacement of the wheelchair or scooter. The carrier shall then repair or replace the wheelchair or scooter with a device of equivalent or greater function and safety within a reasonable time frame and pay the cost of repairs or replacement; or

(2) The individual may file a claim with the carrier and elect to use the individual's preferred vendor to repair or replace the wheelchair or scooter. The carrier shall then be responsible for promptly transporting the damaged wheelchair or scooter to the individual's preferred vendor, unless the individual has indicated that he or she will arrange for the transport himself or herself, and for paying the cost of transport and repairs or replacement with a device of equivalent or greater function and safety within a reasonable time period.

(i) If an individual is waiting for his or her mishandled personal wheelchair or scooter to be returned, repaired, or replaced, a carrier shall use its best efforts to work with the individual to provide an adequate loaner wheelchair or scooter that meets the individual's functional and safety-related needs. The carrier shall pay for the cost of the loaner wheelchair or scooter.

(j) When conducting training for personnel, a carrier that operates aircraft with 19 or more passenger seats shall ensure that the training meets the requirements of this subsection (j) for all personnel who interact with the traveling public or who handle individuals' assistive devices, as appropriate to the duties of each employee or contractor. The training shall include:

(1) Instruction that provides proficiency in the requirements of applicable federal regulations affecting the provision of air travel to an individual with a disability;

(2) Instruction that provides proficiency in procedures concerning the provision of air travel to an individual with a disability, including the proper and safe operation of any equipment used to accommodate the individual with a disability;

(3) Instruction that provides proficiency in procedures that safeguard the safety and dignity of an individual with a disability during the performance of the services required under this Section;

(4) Instruction that ensures that employees and contractors who interact with the traveling public are trained in different types of disabilities, including how to distinguish among the differing abilities of individuals with disabilities. This instruction shall include the following topics:

(A) the appropriate ways to communicate and interact with individuals with disabilities, including individuals with physical, sensory, mental, or emotional disabilities; and

(B) how to recognize requests for communication accommodations from deaf-blind passengers and individuals whose hearing or vision is impaired and how to use the most common methods for communicating with such individuals.

(5) Instruction that ensures that employees and contractors who provide physical assistance to an individual with a disability who uses a wheelchair or other assistive device are provided the following:

(A) Hands-on training concerning safe and dignified physical assistance, including:

(i) transfers to and from personal or airport wheelchairs, aisle chairs, and aircraft seats;

(ii) proper lifting techniques to safeguard passengers;

(iii) how to troubleshoot common challenges in providing physical assistance; and

(iv) the proper use of equipment in physically assisting an individual with a disability; and

(B) Training concerning the collecting and sharing of passenger information, such as Special Service Request codes, that is needed to ensure safe, dignified, and prompt physical assistance to the individual.

(6) Instruction that ensures that employees and contractors who handle an individual's wheelchair or other assistive device are provided with the following:

(A) Hands-on training concerning the following:

(i) common types of wheelchairs and other assistive devices and features of each device;

(ii) airport and airline equipment used to load and unload wheelchairs and other assistive devices; and

(iii) methods for safely moving and stowing wheelchairs, including lifting techniques and methods for disassembly, reconfiguration, reassembly, and securement in the cargo compartment of the aircraft; and

(B) Training concerning the collecting and sharing of information regarding an individual's wheelchair or other assistive device, including the use of any airline wheelchair handling forms that may exist, to ensure the safe and proper handling of such assistive devices.

(k) The employees designated as Complaints Resolution Officials must receive training concerning the requirements of this Section and the duties of a Complaints Resolution Official prior to assuming his or her duties and at least once every 12 months thereafter.