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Work group questions who would face criminal penalties under universal design law
Summary
Members pressed staff on whether LLC owners, managers or individual supervisors would be subject to criminal penalties under the proposed universal design enforcement language; staff agreed to consult the Office of Law and said language could be clarified at the council hearing.
Work group members pressed staff to clarify who would be criminally liable under the proposed enforcement language in the universal design bill, noting businesses commonly use limited liability structures.
The chair said the text "lets people know that you can go to jail for noncompliance" and asked specifically whether an LLC owner would be subject to imprisonment. Griffin said he thought the penalty could be a strong deterrent but that responsibility "would depend on the violator" and offered to follow up on which corporate agents are typically charged. Staff said the department would cite the owner of the property and would reach out to the Office of Law to confirm whether an LLC can be the subject of criminal proceedings or how to identify the responsible person.
Kathy Canning noted the General Assembly recently approved penalty language reflected in the draft and the county would apply a civil fine of $5,000 per violation and a criminal fine plus possible imprisonment not exceeding six months for noncompliance. Members asked for clearer drafting to ensure enforceability and asked staff to circulate revised language if Office of Law guidance requires changes.
