Bill Text: IL SB3446 | 2021-2022 | 102nd 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 13 members appointed to serve 3-year terms. 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. Specifies other powers and duties of 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, 2023.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 3-9(a) / Re-referred to Assignments [SB3446 Detail]

Download: Illinois-2021-SB3446-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3446 Introduced 1/18/2022, by Sen. Sue Rezin 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 13 members appointed to serve 3-year terms. 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, 2023.
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A BILL FOR
SB3446 LRB102 24094 CPF 33319 b
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 13 members. 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 appointed by the
Governor with the advice and consent of the Senate;
(2) one member with hearing impairment appointed by
the Governor with the advice and consent of the Senate;
(3) one member with mobility impairment who does not
use a wheelchair appointed by the Governor with the advice
and consent of the Senate;

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(4) one member with mobility impairment who is a
paraplegic appointed by the Governor with the advice and
consent of the Senate;
(5) one member with mobility impairment who is a
quadriplegic appointed by the Governor with the advice and
consent of the Senate;
(6) one member with a service animal appointed by the
Governor with the advice and consent of the Senate;
(7) one member representing the Attorney General
appointed by the Governor with the advice and consent of
the Senate;
(8) one member representing the Capital Development
Board appointed by the Governor with the advice and
consent of the Senate;
(9) one member chosen from citizens at large and
appointed by the Governor with the advice and consent of
the Senate;
(10) one member appointed by the President of the
Senate;
(11) one member appointed by the Minority Leader of
the Senate;
(12) one member appointed by the Speaker of the House
of Representatives; and
(13) one member appointed by the Minority Leader of
the House of Representatives.
(d) Each member shall serve for a term of 3 years, or until

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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.
(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.

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(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
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

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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, 2023.