Public Act 101-0537
 
SB1090 EnrolledLRB101 06348 RJF 51375 b


  
    AN ACT concerning government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Environmental Barriers Act is amended  by 
changing Section 6 as follows:
 


    (410 ILCS 25/6)  (from Ch. 111 1/2, par. 3716)




    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:

        (1) Conduct an investigation to determine if a 
    violation of this Act and the Code
exists. This includes 
    the power to:

            (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

    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.

        (3) Bring an action for mandamus. 

        (4) Bring an action for penalties as follows:

            (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

        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.)

 

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


Effective Date:  8/23/2019