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Public Act 104-0089
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| SB1265 Enrolled | LRB104 07333 BDA 17373 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Environmental Barriers Act is amended by |
changing Section 6 as follows:
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(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 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. |
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(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 |
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 |
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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) By January 31, 2026, and every January 31 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 |