Vehicles on sidewalks; use of power-driven mobility devices. (HB1786)

Introduced By

Del. Chris Hurst (D-Blacksburg) with support from co-patron Del. Joe Lindsey (D-Norfolk)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Vehicles on sidewalks. Clarifies that any public entity may allow "other power-driven mobility devices," as defined in the bill, to be ridden or driven on sidewalks in accordance with the Americans with Disabilities Act and other state and federal laws. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
12/27/2018Committee
12/27/2018Prefiled and ordered printed; offered 01/09/19 19100682D
12/27/2018Referred to Committee on Transportation
01/11/2019Assigned Transportation sub: Subcommittee #1
01/11/2019Impact statement from DPB (HB1786)
01/14/2019Subcommittee recommends reporting with substitute (9-Y 1-N)
01/15/2019House subcommittee amendments and substitutes offered
01/15/2019Subcommittee recommends reporting with substitute (10-Y 0-N)
01/16/2019Subcommittee recommends reporting with substitute (9-Y 1-N)
01/17/2019House committee, floor amendments and substitutes offered
01/17/2019Reported from Transportation with substitute (22-Y 0-N) (see vote tally)
01/17/2019Committee substitute printed 19103919D-H1
01/21/2019Read first time
01/22/2019Impact statement from DPB (HB1786H1)
01/22/2019Read second time
01/22/2019Committee substitute agreed to 19103919D-H1
01/22/2019Engrossed by House - committee substitute HB1786H1
01/23/2019Read third time and passed House BLOCK VOTE (96-Y 0-N)
01/23/2019VOTE: BLOCK VOTE PASSAGE (96-Y 0-N) (see vote tally)
01/24/2019Constitutional reading dispensed
01/24/2019Referred to Committee on Transportation
02/06/2019Reported from Transportation with amendments (13-Y 0-N) (see vote tally)
02/08/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2019Read third time
02/11/2019Reading of amendments waived
02/11/2019Committee amendments agreed to
02/11/2019Engrossed by Senate as amended
02/11/2019Passed Senate with amendments (40-Y 0-N) (see vote tally)
02/13/2019Placed on Calendar
02/13/2019Senate amendments agreed to by House (97-Y 0-N)
02/13/2019VOTE: ADOPTION (97-Y 0-N) (see vote tally)
02/15/2019Enrolled
02/15/2019Bill text as passed House and Senate (HB1786ER)
02/15/2019Signed by Speaker
02/15/2019Signed by President
02/19/2019G Governor's Action Deadline Midnight, March 25, 2019
02/19/2019Impact statement from DPB (HB1786ER)
02/19/2019Enrolled Bill communicated to Governor on February 19, 2019
02/19/2019G Governor's Action Deadline Midnight, March 26, 2019
03/05/2019G Approved by Governor-Chapter 182 (effective 7/1/19)
03/05/2019G Acts of Assembly Chapter text (CHAP0182)

Comments

Michael Hudson writes:

This Bill addresses a long overlooked oversight. The evolution of transportation devices used to accommodate citizens with mobility disorders. The US Justice clarified the necessity to exempt legitimately mobility disAbled Americans from regulations, policies and state codes that would preclude access that able-bodied individuals take for granted because the user protected choice of device to meet their individual needs, does not meet the stereotypical assessment of observers, including law enforcement, as a wheelchair, walker or cane.

The logic here is explained very well by this Justice Department guidance - "People with mobility, circulatory, respiratory, or neurological disabilities use many kinds of devices for mobility. Some use walkers, canes, crutches, or braces. Some use manual or power wheelchairs or electric scooters. In addition, advances in technology have given rise to new devices, such as Segways®, that some people with disabilities use as mobility devices, including many veterans injured while serving in the military. And more advanced devices will inevitably be invented, providing more mobility options for people with disabilities." and by "When an OPDMD is being used by a person with a mobility disability, different rules apply under the ADA than when it is being used by a person without a disability" source https://www.ada.gov/opdmd.htm

I count myself among the citizen veterans that have unfortunately been harassed because VA law enforcement and state policy makers were unaware of this 2011 guidance and the underlying federal statute.

Please pass this amendment.

Diane Engster writes:

I urge all legislators to pass this bill. I have a mobility impairment and find it very difficult to access needed services and venues in the community. The motorized scooters that most people are used to are not easily covered by insurance so different mobility aids become necessary. Our communities should be inclusive of and open to everyone. Having people with different abilities participate enriches us all.