HB2248 EnrolledLRB103 26125 LNS 52481 b HB2248 Enrolled LRB103 26125 LNS 52481 b
HB2248 Enrolled 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
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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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