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Public Act 101-0537
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| SB1090 Enrolled | LRB101 06348 RJF 51375 b |
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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. |
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(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 |
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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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