Illinois General Assembly - Full Text of HB2248
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Full Text of HB2248  103rd General Assembly




HB2248 EnrolledLRB103 26125 LNS 52481 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Civil
5Rights Remedies Restoration Act.
6    Section 5. Legislative findings.
7    (a) For decades, courts and juries have awarded damages
8for emotional distress for violations of federal civil rights
9statutes passed pursuant to Congress's authority under the
10Spending Clause of the U.S. Constitution (Article I, Section
118, Clause 1).
12    (b) The U.S. Supreme Court's decision in Cummings v.
13Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (2022)
14prohibits damages for emotional distress for violations of the
15Spending Clause statutes at issue there, the Rehabilitation
16Act of 1973, and the Patient Protection and Affordable Care
17Act, unless they expressly provide for such damages. The
18decision will likely impair the availability of emotional
19distress damages under other federal civil rights statutes as
21    (c) As a result of the Cummings decision, an individual
22whose civil rights have been violated will be left without the
23full range of remedies once available, and perpetrators of



HB2248 Enrolled- 2 -LRB103 26125 LNS 52481 b

1discrimination will no longer be required to make their
2victims whole.
3    (d) To promote the general welfare, deter unlawful
4conduct, encourage victims of discrimination to vindicate
5their rights, and ensure access to the courts, the General
6Assembly 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
9in Illinois the full enjoyment of the civil rights unjustly
10limited by the U.S. Supreme Court in its decision in Cummings.
11    Section 15. Violation. A violation of Section 504 of the
12Rehabilitation Act of 1973 (29 U.S.C. 794), Section 1557 of
13the Patient Protection and Affordable Care Act (42 U.S.C.
1418116), Title II of the Americans with Disabilities Act of
151990 (42 U.S.C. 12132 et seq.), the Age Discrimination Act of
161975 (42 U.S.C. 6101 et seq.), Title IX of the Education
17Amendments of 1972 (20 U.S.C. 1681 et seq.), Title VI of the
18Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or the
19provisions of any other federal statute prohibiting
20discrimination under a program or activity receiving federal
21financial assistance shall constitute a violation of this Act.
22    Section 20. Remedies. Whoever injures another by a
23violation of this Act is liable for each and every offense for



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1all remedies available at law, including, but not limited to,
2damages for past, current, and future monetary losses,
3emotional pain, suffering, inconvenience, mental anguish, loss
4of enjoyment of life, and other nonmonetary losses, and any
5amount that may be determined by a jury, or a court sitting
6without a jury, but in no case less than $4,000, and any
7attorney's fees, costs, and expenses, including, but not
8limited to, expert witness fees, that may be determined by the
9court in addition thereto.
10    Section 25. Other relief. In addition to the monetary
11damages provided in Section 20, the court, as it deems
12appropriate, may grant as relief any permanent or preliminary
13negative or mandatory injunction, temporary restraining order,
14order of declaratory judgment, or other relief.
15    Section 30. Filing claims; enforcement under the Illinois
16Human Rights Act; State waivers. Claims for violation of this
17Act may be filed in any court of competent jurisdiction.
18Nothing in this Act shall be interpreted to limit any
19enforcement authority available under the Illinois Human
20Rights Act. The State waives sovereign and Eleventh Amendment
21of the United States Constitution immunity for any violation
22of this Act.