Bill Amendment: IL SB1090 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ATTY GEN-ACCESSIBILITY VIOLATE

Status: 2019-08-23 - Public Act . . . . . . . . . 101-0537 [SB1090 Detail]

Download: Illinois-2019-SB1090-House_Amendment_001.html

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Rep. Jim Durkin

Filed: 5/6/2019

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AMENDMENT TO SENATE BILL 1090
AMENDMENT NO. ______. Amend Senate Bill 1090 by replacing
everything after the enacting clause with the following:
"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,

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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

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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

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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.".