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
            (B) examine under oath any person alleged to have
        participated in or with knowledge of the violations;
            (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
        (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