HB4967 104TH GENERAL ASSEMBLY

LRB104 17289 JRC 30711 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4967

Introduced , by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

740 ILCS 23/5

Amends the Illinois Civil Rights Act of 2003. Prohibits an otherwise qualified individual with a disability, as defined by the Environmental Barriers Act, from being excluded from participation in, be denied the benefits of, or be subjected to discrimination solely by reason of the individual's disability under any of the following: (i) any program or activity operating inside Illinois and receiving federal financial assistance; (ii) any program or activity receiving federal financial assistance that passes through or is administered by State, county, or local government; (iii) any activity regulated by the State that receives federal financial assistance; or (iv) any program or activity receiving State, county, or local government financial assistance. Provides that a State agency that has an existing mechanism for enforcing federal Section 504 rights under the federal Rehabilitation Act may also enforce provisions of the Act. Authorizes the Attorney General to commence a civil action to enforce the provisions of this Act in any appropriate circuit court if the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern of discrimination prohibited by this Act. Provides that disability discrimination under the Act includes violations of the substantive rights provided in the federal regulations adopted under the federal Rehabilitation Act. Provides that these rights constitute a minimum set of rights that may not be reduced. Requires the Secretary of State to maintain a copy of the regulations in a manner that is easily available to the public such as on a website in a searchable format. Makes the Act severable.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Civil Rights Act of 2003 is amended by changing Section 5 as follows:

(740 ILCS 23/5)

Sec. 5. Discrimination prohibited and enforcement.

(a) No unit of State, county, or local government in Illinois shall:

(1) exclude a person from participation in, deny a person the benefits of, or subject a person to discrimination under any program or activity on the grounds of that person's race, color, national origin, or gender, or disability; or

(2) utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, national origin, or gender, or disability.

(a-5) An individual with a disability as defined by the Environmental Barriers Act may not be excluded from participation in, be denied the benefits of, or be subjected to discrimination solely by reason of the individual's disability, under any of the following:

(1) any program or activity operating inside Illinois and receiving federal financial assistance;

(2) any program or activity receiving federal financial assistance that passes through or is administered by State, county, or local government;

(3) any activity regulated by the State that receives federal financial assistance; or

(4) any program or activity receiving State, county, or local government financial assistance.

(b)(1) Any party aggrieved by conduct that violates subsection (a) or (a-5) may bring a civil lawsuit, in a federal district court or State circuit court, against the offending unit of government. Any State claim brought in federal district court shall be a supplemental claim to a federal claim. This lawsuit must be brought not later than 2 years after the violation of subsection (a) or (a-5). If the court finds that a violation of paragraph (1) or (2) of subsection (a) or (a-5) has occurred, the court may award to the plaintiff actual damages. The court, as it deems appropriate, may grant as relief any permanent or preliminary negative or mandatory injunction, temporary restraining order, or other order.

(2) Any State agency that has an existing mechanism for enforcing federal Section 504 rights under the federal Rehabilitation Act may also enforce paragraph (a-5) of this Act. Administrative enforcement options do not preempt court enforcement under paragraph (b)(1) unless and until such administrative process results in a decision or ruling.

(3) The Attorney General is authorized to commence a civil action to enforce the provisions of this Act in any appropriate circuit court if the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern of discrimination prohibited by this Act.

(4) Any State agency that is administratively enforcing rights under this Section may adopt rules to implement that enforcement.

(c) Upon motion, a court shall award reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought:

(1) pursuant to subsection (b); or

(2) to enforce a right arising under the Illinois Constitution.

In awarding reasonable attorneys' fees, the court shall consider the degree to which the relief obtained relates to the relief sought.

(d) For the purpose of this Act, the term "prevailing party" includes any party:

(1) who obtains some of his or her requested relief through a judicial judgment in his or her favor;

(2) who obtains some of his or her requested relief through any settlement agreement approved by the court; or

(3) whose pursuit of a non-frivolous claim was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

(e) Disability discrimination under this Act includes a violation of the substantive rights provided by the federal regulations adopted under Section 504 of the federal Rehabilitation Act, 29 U.S.C. 794, as those regulations were codified on January 19, 2025 in:

(1) 45 CFR Part 84 (health care, education, and human services);

(2) 49 CFR Part 27 (transportation);

(3) 34 CFR Part 104 (education);

(4) 29 CFR Part 32 (labor); and

(5) 24 CFR Part 8 (housing).

These regulatory rights constitute a minimum set of rights that may not be reduced. Regulations further defining violations of this Act shall be set out so that any provisions unique to Illinois are clearly identified.

(f) The Secretary of State shall maintain a copy of the regulations identified in subsection (e) in a manner that is easily available to the public, such as on a website in a searchable format to reduce the burden of compliance.

(Source: P.A. 95-541, eff. 1-1-08.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.