Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2248 Introduced / Bill

Filed 02/08/2023

                    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.
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    LRB103 26125 LNS 52481 b
A BILL FOR
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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.
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A BILL FOR

 

 

New Act



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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

 

 

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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.

 

 

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