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| | SB1090 Enrolled | | LRB101 06348 RJF 51375 b |
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| 1 | | AN ACT concerning government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Environmental Barriers Act is amended by |
| 5 | | changing Section 6 as follows:
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| 6 | | (410 ILCS 25/6) (from Ch. 111 1/2, par. 3716)
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| 7 | | Sec. 6. Enforcement. |
| 8 | | (a) The Attorney General shall have
authority to enforce |
| 9 | | the Code. The Attorney General may investigate
any complaint or |
| 10 | | reported violation of this Act and, where necessary to
ensure |
| 11 | | compliance, may do any or all of the following:
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| 12 | | (1) Conduct an investigation to determine if a |
| 13 | | violation of this Act and the Code
exists. This includes |
| 14 | | the power to:
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| 15 | | (A) require an individual or entity to file a |
| 16 | | statement or report in writing under oath or otherwise, |
| 17 | | as to all information the Attorney General may |
| 18 | | 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 construction |
| 2 | | or alteration of any public facility or multi-story housing
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| 3 | | or to require compliance with the Code by any public |
| 4 | | facility or multi-story housing which
has been or is being |
| 5 | | constructed or altered in violation of this Act and the |
| 6 | | Code.
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| 7 | | (3) Bring an action for mandamus.
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| 8 | | (4) Bring an action for penalties as follows:
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| 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 Act |
| 16 | | that a plan is in compliance with this Act when such |
| 17 | | 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
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| 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 |
| 9 | | be in violation of this Act and the
Code following construction |
| 10 | | or alteration so long as the public facility or multi-story |
| 11 | | housing is not compliant with this
Act and the Code. |
| 12 | | (c) Beginning July 31, 2020 and by July 31 of every year |
| 13 | | thereafter, the Attorney General shall provide data on the |
| 14 | | Attorney General's website about annual enforcement efforts |
| 15 | | performed under this Act. The data shall include, but is not |
| 16 | | limited to, the following: |
| 17 | | (1) The total number of open compliance investigations |
| 18 | | each year. |
| 19 | | (2) The 10 most frequent complaints received under this |
| 20 | | Act that are under investigation each year. |
| 21 | | (3) The total number of complaints received under this |
| 22 | | Act annually. |
| 23 | | (4) Assistance provided to constituents throughout the |
| 24 | | State on the Attorney General's disability rights |
| 25 | | technical assistance line. |
| 26 | | (Source: P.A. 99-582, eff. 1-1-17.)
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