Rep. Tom Cross
Filed: 3/3/2010
 
 

 




 

 		












09600HB5095ham002

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AMENDMENT TO HOUSE BILL 5095 




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    AMENDMENT NO. ______. Amend House Bill 5095, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Pedestrians with Disabilities Safety Act.
 
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    Section 5. Definitions. For purposes of this Act,

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    "Mobility device" means a support cane, walker, crutches, 
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wheelchair, scooter, or other device, which may be necessary 
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for use by a pedestrian with a disability when traveling.


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    "Pedestrian with a disability" means a person with a 
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disability, as defined by the Americans with Disabilities Act, 
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who may require the use of a mobility device, service animal, 
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or White cane to travel on the streets, sidewalks, highways, 
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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 
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metallic in color, with or without a red tip, that is held in 
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an extended or raised position.


 
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    Section 10. Rights of pedestrians with disabilities. 
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    (a)    A pedestrian with a disability has the same rights as 
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any other pedestrian to equal access and use of the streets, 
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sidewalks, highways, and walkways of this State.


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    (b)    These rights are subject only to the conditions and 
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limitations established by law and applicable alike to all 
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persons.


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    (c)    Any person who denies or interferes with the rights of 
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a pedestrian with a disability under this Act, shall be guilty 
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of a Class A misdemeanor with a mandatory minimum fine of $500 
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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 
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approaching closer than 10 feet to a pedestrian with a 
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disability who is using a mobility device, accompanied by a 
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visibly identifiable service animal, or carrying or using a 
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white cane, and shall take all precautions that may be 
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necessary to avoid an accident or injury to the pedestrian with 
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a disability. Any vehicle operator who fails to take such 
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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 
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person with a disability who is not using a mobility device, 
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not accompanied by a visibly identifiable service animal, or 
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not carrying or using a white cane of the rights of other 
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pedestrians, nor shall such an occurrence be conclusively held 
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to constitute evidence of contributory negligence.


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


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


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




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        (2)     calls upon the citizens of the State to observe the 
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    provisions of the Pedestrians with Disabilities Safety Act 
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    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 
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    with respect to persons with disabilities and urges all 
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    citizens to ensure that the policies are upheld;



and
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        (4)    emphasizes the need of all citizens to be aware of 
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    the presence of persons with disabilities in the community 
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    and to keep safe and functional for persons with 
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    disabilities the streets, sidewalks, highways, and 
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    walkways of this State.

 
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    Section 80. The Illinois Vehicle Code is amended  by 
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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 
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summary of the laws of
this State regulating the operation of 
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vehicles and may deliver a copy
thereof without charge with 
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each original vehicle registration and with
each original 
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driver's license.

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    (b) The Secretary of State shall make any necessary 
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revisions in its publications including, but not limited to, 
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the Illinois Rules of the Road, to accurately conform its 
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publications to the provisions of the Pedestrians with 
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Disabilities Safety Act. 
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(Source: P.A. 76-1586.)

 
 


 






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    (625 ILCS 5/6-109)  (from Ch. 95 1/2, par. 6-109)
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    Sec. 6-109. Examination of Applicants. 
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    (a) The Secretary of State shall examine every applicant 
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for a driver's
license or permit who has not been previously 
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licensed as a driver under the
laws of this State or any other 
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state or country, or any applicant for renewal
of such driver's 
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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 
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to the
provisions of paragraph (c), examine every licensed 
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driver at least every 8
years, and may examine or re-examine 
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any other applicant or licensed driver,
provided that during 
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the years 1984 through 1991 those drivers issued a license
for 
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3 years may be re-examined not less than every 7 years or more 
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than every
10 years.
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    The Secretary of State shall require the testing of the 
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eyesight of any
driver's license or permit applicant who has 
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not been previously licensed
as a driver under the laws of this 
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State and shall promulgate rules and
regulations to provide for 
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the orderly administration of all the provisions of
this 
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Section.
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    The Secretary of State shall include at least one test 
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question that concerns the provisions of the Pedestrians with 
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Disabilities Safety Act in the question pool used for the 
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written portion of the drivers license examination within one 
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year after the effective date of this amendatory Act of the 
 


 






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96th General Assembly. 
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    (b) Except as provided for those applicants in paragraph 
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(c), such
examination shall include a test of the applicant's

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eyesight, his ability to read and understand official traffic 
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control devices,
his knowledge of safe driving practices and 
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the traffic laws of this State,
and may include an actual 
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demonstration of the applicant's ability to exercise
ordinary 
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and reasonable control of the operation of a motor vehicle, and

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such further physical and mental examination as the Secretary 
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of State finds
necessary to determine the applicant's fitness 
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to operate a motor vehicle
safely on the highways, except the 
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examination of an applicant 75 years
of age or older shall 
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include an actual demonstration of the applicant's
ability to 
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exercise ordinary and reasonable control of the operation of
a 
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motor vehicle.  All portions of written and verbal examinations 
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under
this Section, excepting where the English language 
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appears on facsimiles
of road signs, may be given in the 
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Spanish language and, at the discretion
of the Secretary of 
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State, in any other language as well as in English upon
request 
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of the examinee.  Deaf persons who are otherwise qualified are 
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not
prohibited from being issued a license, other than a 
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commercial driver's
license, under this Code.
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    (c) Re-examination for those applicants who at the time of 
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renewing their
driver's license possess a driving record devoid 
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of any convictions of traffic
violations or evidence of 
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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 
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order to determine an applicant's ability to safely operate a 
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motor
vehicle,
except that every applicant for the renewal of a 
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driver's license who is
75 years of age or older must prove, by 
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an actual demonstration,
the applicant's ability to exercise 
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reasonable care in the safe operation
of a motor vehicle.
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    (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 
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Secretary of State
shall make provision for giving an 
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examination, either in the county where
the applicant resides 
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or at a place adjacent thereto reasonably convenient
to the 
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applicant, within not more than 30 days from the date said

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

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