SB3687eng 97TH GENERAL ASSEMBLY

SB3687 Engrossed LRB097 20122 JDS 65506 b

AN ACT concerning service dogs.

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

Section 15. The Guide Dog Access Act is amended by changing Sections 0.01 and 1 as follows:

(720 ILCS 630/0.01) (from Ch. 38, par. 65)

Sec. 0.01. Short title. This Act may be cited as the Service Guide Dog Access Act.

(Source: P.A. 86-1324.)

(720 ILCS 630/1) (from Ch. 38, par. 65-1)

Sec. 1. Service dog access to public accommodations.

(a) When an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability, a blind, hearing impaired or physically handicapped person or a person who is subject to epilepsy or other seizure disorders is accompanied by a service dog dog which serves as a guide, leader, seizure-alert, or seizure-response dog for such person or when a trainer of a service dog guide, leader, seizure-alert, or seizure-response dog is accompanied by a service dog guide, leader, seizure-alert, or seizure-response dog or a dog that is being trained to be a service dog guide, leader, seizure-alert, or seizure-response dog, then neither the person nor the dog shall be denied the right of entry and use of facilities of any public place of accommodation as defined in Section 5-101 of the "Illinois Human Rights Act", if such dog is wearing a harness and such person presents credentials for inspection issued by a school for training service guide, leader, seizure-alert, or seizure-response dogs.

(b) For the purposes of this Section, "service dog" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

(c) Any violation of this Act is a Class C misdemeanor.

(Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)

Section 20. The Assistance Animal Damages Act is amended by changing Section 5 as follows:

(740 ILCS 13/5)

Sec. 5. Definitions. As used in this Act:

"Blind person" means a person who has vision of 20/200 or less with the best correction or has a visual field of 20 degrees or less.

"Guide dog" means a dog that is trained to lead or guide a blind person.

"Deaf person" means a person whose hearing disability precludes successful processing of linguistic information through audition with or without a hearing aid.

"Hearing ear dog" means a dog that is trained to assist a deaf person.

"Assistance animal" means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:

(1) service guide dogs;

(2) (blank) hearing ear dogs;

(3) an animal trained to pull a wheelchair;

(4) an animal trained to fetch dropped items; and

(5) an animal trained to perform balance work.

"Daily life activity" includes but is not limited to:

(1) self-care;

(2) ambulation;

(3) communication;

(4) transportation; or

(5) employment.

"Physically impaired person" means any person who is permanently physically impaired, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.

"Service dog" has the meaning ascribed to it in Section 1 of the Service Dog Access Act.

(Source: P.A. 91-480, eff. 1-1-00.)

Section 25. The White Cane Law is amended by changing Section 3 as follows:

(775 ILCS 30/3) (from Ch. 23, par. 3363)

Sec. 3. The blind, the visually handicapped, the hearing impaired, persons who are subject to epilepsy or other seizure disorders, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.

The blind, the visually handicapped, the hearing impaired, persons who are subject to epilepsy or other seizure disorders, and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

Every totally or partially blind, hearing impaired, person who is subject to epilepsy or other seizure disorders, or otherwise physically disabled person or a trainer of service dogs support dogs, guide dogs, seizure-alert dogs, seizure-response dogs, or hearing dogs shall have the right to be accompanied by a service dog support dog or guide dog especially trained for the purpose, or a dog that is being trained to be a service dog support dog, guide dog, seizure-alert dog, seizure-response dog, or hearing dog, in any of the places listed in this Section without being required to pay an extra charge for the service dog guide, support, seizure-alert, seizure-response, or hearing dog; provided that he shall be liable for any damage done to the premises or facilities by such dog.

For the purposes of this Section, "service dog" has the meaning ascribed to it in Section 1 of the Service Dog Access Act.

(Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)

Section 99. Effective date. This Act takes effect upon becoming law.