104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1265
 
Introduced 1/28/2025, by Sen. Karina Villa
 
SYNOPSIS AS INTRODUCED:
 
410 ILCS 25/6  from Ch. 111 1/2, par. 3716
    Amends the Environmental Barriers Act. Requires the Attorney General to provide, by January 31, 2026 and every January 31 thereafter (rather than by July 31, 2020 and every July 31 thereafter), data on the Attorney General's website about annual enforcement efforts performed under the Act. Effective immediately.


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A BILL FOR
 
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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Environmental Barriers Act is amended by 
5changing Section 6 as follows:
 
6    (410 ILCS 25/6)  (from Ch. 111 1/2, par. 3716)
7    Sec. 6. Enforcement. 
8    (a) The Attorney General shall have authority to enforce 
9the Code. The Attorney General may investigate any complaint 
10or reported violation of this Act and, where necessary to 
11ensure compliance, may do any or all of the following:
12        (1) Conduct an investigation to determine if a 
13    violation of this Act and the Code exists. This includes 
14    the power to:
15            (A) require an individual or entity to file a 
16        statement or report in writing under oath or 
17        otherwise, as to all information the Attorney General 
18        may consider;
19            (B) examine under oath any person alleged to have 
20        participated in or with knowledge of the violations; 
21        and
22            (C) issue subpoenas or conduct hearings in aid of 
23        any investigation. 
 
 
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1        (2) Bring an action for injunction to halt 
2    construction or alteration of any public facility or 
3    multi-story housing or to require compliance with the Code 
4    by any public facility or multi-story housing which has 
5    been or is being constructed or altered in violation of 
6    this Act and the Code.
7        (3) Bring an action for mandamus. 
8        (4) Bring an action for penalties as follows:
9            (A) any owner of a public facility or multi-story 
10        housing in violation of this Act shall be subject to 
11        civil penalties in a sum not to exceed $250 per day, 
12        and each day the owner is in violation of this Act 
13        constitutes a separate offense;
14            (B) any architect or engineer negligently or 
15        intentionally stating pursuant to Section 5 of this 
16        Act that a plan is in compliance with this Act when 
17        such plan is not in compliance shall be subject to a 
18        suspension, revocation, or refusal of restoration of 
19        his or her certificate of registration or license 
20        pursuant to the Illinois Architecture Practice Act of 
21        1989, the Professional Engineering Practice Act of 
22        1989, and the Structural Engineering Practice Act of 
23        1989; and
24            (C) any person who knowingly issues a building 
25        permit or other official authorization for the 
26        construction or alteration of a public facility or the 
 
 
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1        construction of multi-story housing in violation of 
2        this Act shall be subject to civil penalties in a sum 
3        not to exceed $1,000. 
4        (5) Bring an action for any other appropriate relief, 
5    including, but not limited to, in lieu of a civil action, 
6    the entry of an Assurance of Voluntary Compliance with the 
7    individual or entity deemed to have violated this Act.
8    (b) A public facility or multi-story housing continues to 
9be in violation of this Act and the Code following 
10construction or alteration so long as the public facility or 
11multi-story housing is not compliant with this Act and the 
12Code. 
13    (c) By January 31, 2026, and every January 31 Beginning 
14July 31, 2020 and by July 31 of every year thereafter, the 
15Attorney General shall provide data on the Attorney General's 
16website about annual enforcement efforts performed under this 
17Act. The data shall include, but is not limited to, the 
18following:
19        (1) The total number of open compliance investigations 
20    each year.
21        (2) The 10 most frequent complaints received under 
22    this Act that are under investigation each year.
23        (3) The total number of complaints received under this 
24    Act annually.
25        (4) Assistance provided to constituents throughout the 
26    State on the Attorney General's disability rights 
 
 
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1    technical assistance line.
2(Source: P.A. 101-537, eff. 8-23-19.)
 
3    Section 99. Effective date. This Act takes effect upon 
4becoming law.