HB2463 103RD GENERAL ASSEMBLY

LRB103 29622 LNS 56018 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2463

Introduced 2/15/2023, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

New Act

Creates the Deceptive Practices of Limited Services Pregnancy Centers Act. Prohibits a limited services pregnancy center from using or employing any deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of any material fact, with the intent that others rely upon the concealment, suppression or omission of such material fact: to interfere with an individual seeking to gain entry or access to a provider of abortion or emergency contraception; to induce an individual to enter or access the limited services pregnancy center; in advertising, soliciting, or otherwise offering pregnancy-related services; or in conducting, providing, or performing pregnancy-related services. Allows the Attorney General to enforce the Act when: it appears to the Attorney General that a limited services pregnancy center has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by the Act; the Attorney General receives a written complaint of the commission of a practice declared to be unlawful under the Act; or the Attorney General believes it to be in the public interest that an investigation should be made to ascertain whether a limited services pregnancy center has engaged in, is engaging in, or is about to engage in, any practice declared to be unlawful by the Act. Establishes the remedies available under the Act for violation of the Act, including preliminary or permanent injunction and a civil penalty not to exceed $50,000. Allows any party aggrieved by a violation of the Act to bring an action against any limited services pregnancy center that has committed such a violation, in which the court may award actual damages and any other relief the court deems proper. Effective immediately.

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 1. Short title. This Act may be cited as the Deceptive Practices of Limited Services Pregnancy Centers Act.

Section 5. Purpose. The laws and public policy of this State have established the fundamental rights of individuals to make autonomous decisions about their own reproductive health, including the fundamental right to use or refuse reproductive health care. The State has an interest to protect against deceptive, fraudulent, and misleading practices that interfere with an individual's ability to make autonomous, informed and evidence-based decisions about their reproductive health and have timely access to quality reproductive health care that adheres to accepted standards of clinical practice.

Section 10. Definitions. As used in this Act:

"Abortion" means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of an individual known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus, as defined in Section 1-10 of the Reproductive Health Act.

"Emergency contraception" means medication approved by the federal Food and Drug Administration that can significantly reduce the risk of pregnancy if taken within 72 hours after unprotected sexual intercourse.

"Limited services pregnancy center" means an organization or facility, including a mobile facility, that:

(1) does not directly provide abortions or prescribe emergency contraception, or provide referrals for abortions or emergency contraception, and has no affiliation with any organization or provider who provides abortions or prescribes emergency contraception; and

(2) has the primary purpose to offer or provide pregnancy-related services to an individual who is or has reason to believe the individual may be pregnant. "Limited services pregnancy center" does not include a health care professional licensed by the Department of Financial and Professional Regulation. "Limited services pregnancy center" includes an organization or facility that has employees, volunteers, or agents who are health care professionals licensed by the Department of Financial and Professional Regulation.

"Pregnancy-related services" means any medical service, or health counseling service, related to pregnancy or pregnancy prevention, including, but not limited to, contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, limited obstetric ultrasound, obstetric ultrasound, obstetric sonogram, and prenatal care.

Section 15. Deceptive acts or practices.

(a) A limited services pregnancy center shall not use or employ any deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of any material fact, with the intent that others rely upon the concealment, suppression or omission of such material fact:

(1) to interfere with an individual seeking to gain entry or access to a provider of abortion or emergency contraception;

(2) to induce an individual to enter or access the limited services pregnancy center;

(3) in advertising, soliciting, or otherwise offering pregnancy-related services; or

(4) in conducting, providing, or performing pregnancy-related services.

(b) A violation of this Section is unlawful whether any individual has been misled, deceived, or damaged thereby.

Section 20. Enforcement by the Attorney General.

(a) When it appears to the Attorney General that a limited services pregnancy center has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by this Act, when the Attorney General receives a written complaint of the commission of a practice declared to be unlawful under this Act, or when the Attorney General believes it to be in the public interest that an investigation should be made to ascertain whether a limited services pregnancy center has engaged in, is engaging in, or is about to engage in, any practice declared to be unlawful by this Act, the Attorney General may:

(1) require that limited services pregnancy center to file on such terms as the Attorney General prescribes a statement or report in writing under oath or otherwise, as to all information as the Attorney General may consider necessary;

(2) examine under oath any person in connection with the potential violation of this Act;

(3) examine any record, book, document, account, or paper as the Attorney General may consider necessary; and

(4) pursuant to an order of a circuit court, impound any record, book, document, account, or paper that is produced in accordance with this Act, and retain it in the Attorney General's possession until the completion of all proceedings in connection with which it is produced.

(b) To accomplish the objectives and to carry out the duties prescribed by this Act, the Attorney General, in addition to other powers conferred upon the Attorney General by this Act, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and adopt such rules as may be necessary, which rules shall have the force of law.

(c) Service by the Attorney General of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made:

(1) personally by delivery of a duly executed copy thereof to the person to be served, or if a person is not a natural person, in the manner provided in the Civil Practice Law when a complaint is filed; or

(2) by mailing by certified mail a duly executed copy thereof to the person to be served at the person's last known abode or principal place of business within this State.

(d) If any person fails or refuses to file any statement or report, or obey any subpoena issued by the Attorney General, the Attorney General may file a complaint in the circuit court for the:

(1) granting of injunctive relief, restraining the conduct constituting a violation of this Act; and

(2) granting of such other relief as may be required until the person files the statement or report or obeys the subpoena.

(e) In the administration of this Act, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be in violation of this Act from any limited services pregnancy center who has engaged in, is engaging in, or was about to engage in such method, act, or practice. Evidence of a violation of an assurance of voluntary compliance shall be prima facie evidence of a violation of this Act in any subsequent proceeding brought by the Attorney General against the alleged violator.

(f) Whenever the Attorney General has reason to believe that any limited services pregnancy center is using, has used, or is about to use any method, act, or practice declared by this Act to be unlawful, and that proceedings would be in the public interest, the Attorney General may bring an action in the name of the People of the State against such limited services pregnancy center to restrain by preliminary or permanent injunction the use of such method, act, or practice. The court, in its discretion, may exercise all powers necessary to implement and enforce the injunction.

(g) In addition to the remedies herein, the Attorney General may request and the court may impose a civil penalty in a sum not to exceed $50,000 against any limited services pregnancy center found by the court to have engaged in any method, act, or practice declared unlawful under this Act.

(h) This Section applies if:

(1) a court orders a party to make payments to the Attorney General and the payments are to be used for the operations of the Office of the Attorney General; or

(2) a party agrees, in an assurance of voluntary compliance under this Act, to make payments to the Attorney General for the operations of the Office of the Attorney General.

(i) Moneys paid under any of the conditions described in subsection (h) shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General, including, but not limited to, enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.

(j) In any action brought under the provisions of this Act, the Attorney General is entitled to recover costs for the use of this State.

Section 25. Private right of action. Any party aggrieved by a violation of this Act may bring an action in circuit court against any limited services pregnancy center that has committed such a violation. The court, in its discretion, may award actual damages or any other relief which the court deems proper, including, but not limited to, injunctive relief where appropriate. The court shall award reasonable attorney's fees and costs to a plaintiff who is a prevailing party in any action brought pursuant to this Act.

Section 30. Waiver or modification. Any waiver or modification of the rights, provisions, or remedies of this Act shall be void and unenforceable.

Section 35. Liberally construed. This Act shall be liberally construed to effect the purposes thereof.

Section 40. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.