103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2248 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: New Act Creates the Civil Rights Remedies Restoration Act. Provides that certain violations of the following federal Acts constitute a violation of the Act: the Rehabilitation Act of 1973; the Patient Protection and Affordable Care Act; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; the Education Amendments of 1972; the Civil Rights Act of 1964; or other federal statutes prohibiting discrimination under a program or activity receiving federal financial assistance. Provides that whoever injures another by a violation of the Act is liable for each and every offense for all remedies available at law, including, but not limited to various damages in an amount no less than $4,000, and attorney's fees, costs, and expenses. Allows a court to grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, order of declaratory judgment, or other relief. Allows claims for a violation of the Act to be filed in any court of competent jurisdiction. Provides that nothing limits any enforcement authority under the Illinois Human Rights Act. Provides that the State waives sovereign and Eleventh Amendment immunity for any violation of the Act. States legislative findings and purpose. LRB103 26125 LNS 52481 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2248 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: New Act New Act Creates the Civil Rights Remedies Restoration Act. Provides that certain violations of the following federal Acts constitute a violation of the Act: the Rehabilitation Act of 1973; the Patient Protection and Affordable Care Act; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; the Education Amendments of 1972; the Civil Rights Act of 1964; or other federal statutes prohibiting discrimination under a program or activity receiving federal financial assistance. Provides that whoever injures another by a violation of the Act is liable for each and every offense for all remedies available at law, including, but not limited to various damages in an amount no less than $4,000, and attorney's fees, costs, and expenses. Allows a court to grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, order of declaratory judgment, or other relief. Allows claims for a violation of the Act to be filed in any court of competent jurisdiction. Provides that nothing limits any enforcement authority under the Illinois Human Rights Act. Provides that the State waives sovereign and Eleventh Amendment immunity for any violation of the Act. States legislative findings and purpose. LRB103 26125 LNS 52481 b LRB103 26125 LNS 52481 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2248 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: New Act New Act New Act Creates the Civil Rights Remedies Restoration Act. Provides that certain violations of the following federal Acts constitute a violation of the Act: the Rehabilitation Act of 1973; the Patient Protection and Affordable Care Act; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; the Education Amendments of 1972; the Civil Rights Act of 1964; or other federal statutes prohibiting discrimination under a program or activity receiving federal financial assistance. Provides that whoever injures another by a violation of the Act is liable for each and every offense for all remedies available at law, including, but not limited to various damages in an amount no less than $4,000, and attorney's fees, costs, and expenses. Allows a court to grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, order of declaratory judgment, or other relief. Allows claims for a violation of the Act to be filed in any court of competent jurisdiction. Provides that nothing limits any enforcement authority under the Illinois Human Rights Act. Provides that the State waives sovereign and Eleventh Amendment immunity for any violation of the Act. States legislative findings and purpose. LRB103 26125 LNS 52481 b LRB103 26125 LNS 52481 b LRB103 26125 LNS 52481 b A BILL FOR HB2248LRB103 26125 LNS 52481 b HB2248 LRB103 26125 LNS 52481 b HB2248 LRB103 26125 LNS 52481 b 1 AN ACT concerning civil law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the Civil 5 Rights Remedies Restoration Act. 6 Section 5. Legislative findings. 7 (a) For decades, courts and juries have awarded damages 8 for emotional distress for violations of federal civil rights 9 statutes passed pursuant to Congress's authority under the 10 Spending Clause of the U.S. Constitution (Article I, Section 11 8, Clause 1). 12 (b) The U.S. Supreme Court's decision in Cummings v. 13 Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (2022) 14 prohibits damages for emotional distress for violations of the 15 Spending Clause statutes at issue there, the Rehabilitation 16 Act of 1973, and the Patient Protection and Affordable Care 17 Act, unless they expressly provide for such damages. The 18 decision will likely impair the availability of emotional 19 distress damages under other federal civil rights statutes as 20 well. 21 (c) As a result of the Cummings decision, an individual 22 whose civil rights have been violated will be left without the 23 full range of remedies once available, and perpetrators of 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2248 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: New Act New Act New Act Creates the Civil Rights Remedies Restoration Act. Provides that certain violations of the following federal Acts constitute a violation of the Act: the Rehabilitation Act of 1973; the Patient Protection and Affordable Care Act; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; the Education Amendments of 1972; the Civil Rights Act of 1964; or other federal statutes prohibiting discrimination under a program or activity receiving federal financial assistance. Provides that whoever injures another by a violation of the Act is liable for each and every offense for all remedies available at law, including, but not limited to various damages in an amount no less than $4,000, and attorney's fees, costs, and expenses. Allows a court to grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, order of declaratory judgment, or other relief. Allows claims for a violation of the Act to be filed in any court of competent jurisdiction. Provides that nothing limits any enforcement authority under the Illinois Human Rights Act. Provides that the State waives sovereign and Eleventh Amendment immunity for any violation of the Act. States legislative findings and purpose. LRB103 26125 LNS 52481 b LRB103 26125 LNS 52481 b LRB103 26125 LNS 52481 b A BILL FOR New Act LRB103 26125 LNS 52481 b HB2248 LRB103 26125 LNS 52481 b HB2248- 2 -LRB103 26125 LNS 52481 b HB2248 - 2 - LRB103 26125 LNS 52481 b HB2248 - 2 - LRB103 26125 LNS 52481 b 1 discrimination will no longer be required to make their 2 victims whole. 3 (d) To promote the general welfare, deter unlawful 4 conduct, encourage victims of discrimination to vindicate 5 their rights, and ensure access to the courts, the General 6 Assembly finds it proper to establish a statutory minimum of 7 $4,000 for any violation of this Act. 8 Section 10. Purpose. The purpose of this Act is to restore 9 in Illinois the full enjoyment of the civil rights unjustly 10 limited by the U.S. Supreme Court in its decision in Cummings. 11 Section 15. Violation. A violation of Section 504 of the 12 Rehabilitation Act of 1973 (29 U.S.C. 794), Section 1557 of 13 the Patient Protection and Affordable Care Act (42 U.S.C. 14 18116), Title II of the Americans with Disabilities Act of 15 1990 (42 U.S.C. 12132 et seq.), the Age Discrimination Act of 16 1975 (42 U.S.C. 6101 et seq.), Title IX of the Education 17 Amendments of 1972 (20 U.S.C. 1681 et seq.), Title VI of the 18 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or the 19 provisions of any other federal statute prohibiting 20 discrimination under a program or activity receiving federal 21 financial assistance shall constitute a violation of this Act. 22 Section 20. Remedies. Whoever injures another by a 23 violation of this Act is liable for each and every offense for HB2248 - 2 - LRB103 26125 LNS 52481 b HB2248- 3 -LRB103 26125 LNS 52481 b HB2248 - 3 - LRB103 26125 LNS 52481 b HB2248 - 3 - LRB103 26125 LNS 52481 b 1 all remedies available at law, including, but not limited to, 2 damages for past, current, and future monetary losses, 3 emotional pain, suffering, inconvenience, mental anguish, loss 4 of enjoyment of life, and other nonmonetary losses, and any 5 amount that may be determined by a jury, or a court sitting 6 without a jury, but in no case less than $4,000, and any 7 attorney's fees, costs, and expenses, including, but not 8 limited to, expert witness fees, that may be determined by the 9 court in addition thereto. 10 Section 25. Other relief. In addition to the monetary 11 damages provided in Section 20, the court, as it deems 12 appropriate, may grant as relief any permanent or preliminary 13 negative or mandatory injunction, temporary restraining order, 14 order of declaratory judgment, or other relief. 15 Section 30. Filing claims; enforcement under the Illinois 16 Human Rights Act; State waivers. Claims for violation of this 17 Act may be filed in any court of competent jurisdiction. 18 Nothing in this Act shall be interpreted to limit any 19 enforcement authority available under the Illinois Human 20 Rights Act. The State waives sovereign and Eleventh Amendment 21 of the United States Constitution immunity for any violation 22 of this Act. HB2248 - 3 - LRB103 26125 LNS 52481 b