Public Act 103-0150
 
HB2248 EnrolledLRB103 26125 LNS 52481 b


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