Rep. Jim Durkin
Filed: 5/6/2019
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1090 




2    AMENDMENT NO. ______. Amend Senate Bill 1090 by replacing 
3everything after the enacting clause with the following:

 
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 or 
10reported violation of this Act and, where necessary to
ensure 
11compliance, 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 otherwise, 
 
 
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1        as to all information the Attorney General may 
2        consider;
3            (B) examine under oath any person alleged to have 
4        participated in or with knowledge of
the violations; 
5        and
6            (C) issue subpoenas  or conduct hearings in aid of 
7        any investigation. 
8        (2) Bring an action for injunction to halt construction 
9    or alteration of any public facility or multi-story housing

10    or to require compliance with the Code by any public 
11    facility or multi-story housing which
has been or is being 
12    constructed or altered in violation of this Act and the 
13    Code.

14        (3) Bring an action for mandamus. 

15        (4) Bring an action for penalties as follows:

16            (A) any owner of a public facility or multi-story 
17        housing in violation of this Act shall be
subject to 
18        civil penalties in a sum not to exceed $250 per day, 
19        and each day the owner is
in violation of this Act 
20        constitutes a separate offense;
21            (B) any architect or engineer negligently or 
22        intentionally stating pursuant to Section 5 of
this Act 
23        that a plan is in compliance with this Act when such 
24        plan is not in compliance shall be subject to a 
25        suspension, revocation, or refusal of restoration of 
26        his or her
certificate of registration or license 
 
 
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1        pursuant to the Illinois Architecture Practice Act of 
2        1989, the Professional Engineering Practice Act of 
3        1989, and the Structural Engineering Practice Act of 
4        1989; and
5            (C) any person who knowingly issues a building 
6        permit or other official authorization for the

7        construction or alteration of a public facility or the 
8        construction of multi-story housing in
violation of 
9        this Act shall be subject to civil penalties in a sum 
10        not to exceed $1,000. 
11        (5) Bring an action for any other appropriate relief, 
12    including, but not limited to, in lieu of a
civil action, 
13    the entry of an Assurance of Voluntary Compliance with the 
14    individual or entity
deemed to have violated this Act.
15    (b) A public facility or multi-story housing continues to 
16be in violation of this Act and the
Code following construction 
17or alteration so long as the public facility or multi-story 
18housing is not compliant with this
Act and the Code. 
19    (c) Beginning July 31, 2020 and by July 31 of every year 
20thereafter, the Attorney General shall provide data on the 
21Attorney General's website about annual enforcement efforts 
22performed under this Act. The data shall include, but is not 
23limited to, the following:
24        (1) The total number of open compliance investigations 
25    each year.
26        (2) The 10 most frequent complaints received under this 
 
 
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1    Act that are under investigation each year.
2        (3) The total number of complaints received under this 
3    Act annually.
4        (4) Assistance provided to constituents throughout the 
5    State on the Attorney General's disability rights 
6    technical assistance line.
7(Source: P.A. 99-582, eff. 1-1-17.)

 

8    Section 99. Effective date. This Act takes effect upon 
9becoming law.".