HB1555 EngrossedLRB104 06511 BDA 16547 b HB1555 Engrossed LRB104 06511 BDA 16547 b
HB1555 Engrossed LRB104 06511 BDA 16547 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Barriers Act is amended by
5 changing 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
9 the Code. The Attorney General may investigate any complaint
10 or reported violation of this Act and, where necessary to
11 ensure compliance, 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
17 otherwise, as to all information the Attorney General
18 may 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
2 construction or alteration of any public facility or
3 multi-story housing or to require compliance with the Code
4 by any public facility or multi-story housing which has
5 been or is being constructed or altered in violation of
6 this Act and the Code.
7 (3) Bring an action for mandamus.
8 (4) Bring an action for penalties as follows:
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
16 Act that a plan is in compliance with this Act when
17 such 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
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
10 construction or alteration so long as the public facility or
11 multi-story housing is not compliant with this Act and the
12 Code.
13 (c) By January 31, 2026, and every January 31 Beginning
14 July 31, 2020 and by July 31 of every year thereafter, the
15 Attorney General shall provide data on the Attorney General's
16 website about annual enforcement efforts performed under this
17 Act. The data shall include, but is not limited to, the
18 following:
19 (1) The total number of open compliance investigations
20 each year.
21 (2) The 10 most frequent complaints received under
22 this Act that are under investigation each year.
23 (3) The total number of complaints received under this
24 Act annually.
25 (4) Assistance provided to constituents throughout the
26 State on the Attorney General's disability rights
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1 technical assistance line.
2 (Source: P.A. 101-537, eff. 8-23-19.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.
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