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| Public Act 101-0537 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Barriers Act is amended by | ||||
changing Section 6 as follows:
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(410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)
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Sec. 6. Enforcement. | ||||
(a) The Attorney General shall have
authority to enforce | ||||
the Code. The Attorney General may investigate
any complaint or | ||||
reported violation of this Act and, where necessary to
ensure | ||||
compliance, may do any or all of the following:
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(1) Conduct an investigation to determine if a | ||||
violation of this Act and the Code
exists. This includes | ||||
the power to:
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(A) require an individual or entity to file a | ||||
statement or report in writing under oath or otherwise, | ||||
as to all information the Attorney General may | ||||
consider; | ||||
(B) examine under oath any person alleged to have | ||||
participated in or with knowledge of
the violations; | ||||
and | ||||
(C) issue subpoenas or conduct hearings in aid of | ||||
any investigation. | ||||
(2) Bring an action for injunction to halt construction | ||
or alteration of any public facility or multi-story housing
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or to require compliance with the Code by any public | ||
facility or multi-story housing which
has been or is being | ||
constructed or altered in violation of this Act and the | ||
Code.
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(3) Bring an action for mandamus.
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(4) Bring an action for penalties as follows:
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(A) any owner of a public facility or multi-story | ||
housing in violation of this Act shall be
subject to | ||
civil penalties in a sum not to exceed $250 per day, | ||
and each day the owner is
in violation of this Act | ||
constitutes a separate offense; | ||
(B) any architect or engineer negligently or | ||
intentionally stating pursuant to Section 5 of
this Act | ||
that a plan is in compliance with this Act when such | ||
plan is not in compliance shall be subject to a | ||
suspension, revocation, or refusal of restoration of | ||
his or her
certificate of registration or license | ||
pursuant to the Illinois Architecture Practice Act of | ||
1989, the Professional Engineering Practice Act of | ||
1989, and the Structural Engineering Practice Act of | ||
1989; and | ||
(C) any person who knowingly issues a building | ||
permit or other official authorization for the
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construction or alteration of a public facility or the | ||
construction of multi-story housing in
violation of | ||
this Act shall be subject to civil penalties in a sum | ||
not to exceed $1,000. | ||
(5) Bring an action for any other appropriate relief, | ||
including, but not limited to, in lieu of a
civil action, | ||
the entry of an Assurance of Voluntary Compliance with the | ||
individual or entity
deemed to have violated this Act. | ||
(b) A public facility or multi-story housing continues to | ||
be in violation of this Act and the
Code following construction | ||
or alteration so long as the public facility or multi-story | ||
housing is not compliant with this
Act and the Code. | ||
(c) Beginning July 31, 2020 and by July 31 of every year | ||
thereafter, the Attorney General shall provide data on the | ||
Attorney General's website about annual enforcement efforts | ||
performed under this Act. The data shall include, but is not | ||
limited to, the following: | ||
(1) The total number of open compliance investigations | ||
each year. | ||
(2) The 10 most frequent complaints received under this | ||
Act that are under investigation each year. | ||
(3) The total number of complaints received under this | ||
Act annually. | ||
(4) Assistance provided to constituents throughout the | ||
State on the Attorney General's disability rights | ||
technical assistance line. | ||
(Source: P.A. 99-582, eff. 1-1-17.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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