Bill Text: IL SB3440 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Environmental Barriers Act. Creates the ADA Compliance Commission to establish best practices for a person, entity, unit of local government, or the State to comply with the federal Americans with Disabilities Act of 1990. Provides that the Commission shall have 9 members appointed to serve 3-year terms by the Governor with the advice and consent of the Senate. Provides that Commission members shall serve without compensation but shall be reimbursed for travel expenses incurred in performing their duties. Requires the Commission to review any plan or design submitted by a person, entity, unit of local government, or the State for accommodations, housing, public venues, parks, transit, or any other location requiring ADA-compliant access and to provide insight, recommendations, and suggestions on ADA compliance issues. Specifies a civil penalty the Commission may impose upon persons or entities who do not comply with the ADA. Requires the Capital Development Board to provide administrative and other support to the Commission. Provides that any moneys collected under the amendatory provisions shall be deposited into the Capital Development Fund to be used by the Capital Development Board for the purposes of administering and supporting the Commission. Provides that compliance with the insight, recommendations, suggestions, or best practices guide provided by the Commission is an affirmative defense for a person or entity charged in a State court with noncompliance with the ADA. Contains other provisions. Effective January 1, 2021.

Sponsorship: Bipartisan Bill

Status: (Failed) 2021-01-13 - Session Sine Die [SB3440 Detail]

Download: Illinois-2019-SB3440-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3440 Introduced 2/13/2020, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED:
410 ILCS 25/5.5 new
Amends the Environmental Barriers Act. Creates the ADA Compliance Commission to establish best practices for a person, entity, unit of local government, or the State to comply with the federal Americans with Disabilities Act of 1990. Provides that the Commission shall have 9 members appointed to serve 3-year terms by the Governor with the advice and consent of the Senate. Provides that Commission members shall serve without compensation but shall be reimbursed for travel expenses incurred in performing their duties. Requires the Commission to review any plan or design submitted by a person, entity, unit of local government, or the State for accommodations, housing, public venues, parks, transit, or any other location requiring ADA-compliant access and to provide insight, recommendations, and suggestions on ADA compliance issues. Specifies a civil penalty the Commission may impose upon persons or entities who do not comply with the ADA. Requires the Capital Development Board to provide administrative and other support to the Commission. Provides that any moneys collected under the amendatory provisions shall be deposited into the Capital Development Fund to be used by the Capital Development Board for the purposes of administering and supporting the Commission. Provides that compliance with the insight, recommendations, suggestions, or best practices guide provided by the Commission is an affirmative defense for a person or entity charged in a State court with noncompliance with the ADA. Contains other provisions. Effective January 1, 2021.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health.
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 and by adding Section 5.5 as follows:
(410 ILCS 25/5.5 new)
Sec. 5.5. ADA Compliance Commission.
(a) In this Section, "ADA" means the federal Americans with
Disabilities Act of 1990.
(b) The ADA Compliance Commission is created to establish
best practices for a person, entity, unit of local government,
or the State to comply with the ADA.
(c) The Commission shall have 9 members appointed by the
Governor with the advice and consent of the Senate. After all
the members are appointed, they shall elect a chairperson from
among themselves. The Commission shall consist of the following
persons:
(1) one member with visual impairment;
(2) one member with hearing impairment;
(3) one member with mobility impairment who does not
use a wheelchair;
(4) one member with mobility impairment who is a
paraplegic;

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(5) one member with mobility impairment who is a
quadriplegic;
(6) one member with a service animal;
(7) one member representing the Attorney General;
(8) one member representing the Capital Development
Board; and
(9) one member chosen by the Governor from citizens at
large.
(d) Each member shall serve for a term of 3 years, or until
his or her successor is appointed, and the Governor may stagger
the members' terms to ensure continuity in the performance of
the Commission's responsibilities. Commission members shall
serve without compensation but shall be reimbursed for travel
expenses incurred in performing their duties.
(e) The Commission shall meet at least 6 times each year
and at other times as called by the chairperson.
(f) The Commission has the following powers and duties:
(1) The Commission shall review any plan or design
submitted by a person, entity, unit of local government, or
the State for accommodations, housing, public venues,
parks, transit, or any other location requiring
ADA-compliant access. After its review, the Commission
shall provide insight, recommendations, and suggestions on
ADA-compliant access, seating, and other accessibility
issues. When applicable, it may also suggest locations for
ADA-compliant seating.

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(2) The Commission shall review the annual report from
the Attorney General required under subsection (c) of
Section 6. After reviewing the report, the Commission may
give recommendations to the General Assembly for changes to
this Act to encourage better compliance with the ADA and
better access to accommodations, housing, public venues,
parks, transit, or any other location requiring
ADA-compliant access.
(3) The Commission may create a best practices guide
for persons, entities, units of local government, or the
State to use as a reference for all issues regarding
compliance with the ADA in Illinois.
(4) The Commission shall develop a process to receive,
assess, and verify ADA-noncompliance complaints. Upon
verifying a complaint, it may impose a civil penalty of up
to $1,000 on a person or entity not in compliance with the
ADA. The civil penalty may be levied for each verified
complaint, including, at the discretion of the Commission,
repeat complaints. Complaints must be submitted to the
Commission within 3 months after the alleged instance of
noncompliance. The maximum amount of civil penalties that
may be levied against a person or entity over the course of
a calendar year is $20,000.
(g) The Capital Development Board shall provide
administrative and other support to the Commission.
(h) A person, entity, unit of local government, or the

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State may submit a plan of how they ensure, and will continue
to ensure, ADA-compliant access at their venues. Once a plan is
submitted, the person, entity, unit of local government, or the
State may publish it on their website and may send any
revisions of the original ADA-compliant access plan to the
Commission.
(i) Compliance with the insight, recommendations,
suggestions, or best practices guide provided by the Commission
under paragraph (1) or (3) of subsection (f) is an affirmative
defense for a person or entity charged in a State court with
noncompliance with the ADA.
Section 99. Effective date. This Act takes effect January
1, 2021.