Illinois 2023-2024 Regular Session

Illinois House Bill HB2463 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2463 Introduced , 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. LRB103 29622 LNS 56018 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2463 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: New Act 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. LRB103 29622 LNS 56018 b LRB103 29622 LNS 56018 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2463 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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.
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Deceptive Practices of Limited Services Pregnancy Centers Act.
16	16	6 Section 5. Purpose. The laws and public policy of this
17	17	7 State have established the fundamental rights of individuals
18	18	8 to make autonomous decisions about their own reproductive
19	19	9 health, including the fundamental right to use or refuse
20	20	10 reproductive health care. The State has an interest to protect
21	21	11 against deceptive, fraudulent, and misleading practices that
22	22	12 interfere with an individual's ability to make autonomous,
23	23	13 informed and evidence-based decisions about their reproductive
24	24	14 health and have timely access to quality reproductive health
25	25	15 care that adheres to accepted standards of clinical practice.
26	26	16 Section 10. Definitions. As used in this Act:
27	27	17 "Abortion" means the use of any instrument, medicine,
28	28	18 drug, or any other substance or device to terminate the
29	29	19 pregnancy of an individual known to be pregnant with an
30	30	20 intention other than to increase the probability of a live
31	31	21 birth, to preserve the life or health of the child after live
32	32	22 birth, or to remove a dead fetus, as defined in Section 1-10 of
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2463 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	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.
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42	42	A BILL FOR
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67	67	1 the Reproductive Health Act.
68	68	2 "Emergency contraception" means medication approved by the
69	69	3 federal Food and Drug Administration that can significantly
70	70	4 reduce the risk of pregnancy if taken within 72 hours after
71	71	5 unprotected sexual intercourse.
72	72	6 "Limited services pregnancy center" means an organization
73	73	7 or facility, including a mobile facility, that:
74	74	8 (1) does not directly provide abortions or prescribe
75	75	9 emergency contraception, or provide referrals for
76	76	10 abortions or emergency contraception, and has no
77	77	11 affiliation with any organization or provider who provides
78	78	12 abortions or prescribes emergency contraception; and
79	79	13 (2) has the primary purpose to offer or provide
80	80	14 pregnancy-related services to an individual who is or has
81	81	15 reason to believe the individual may be pregnant.
82	82	16 "Limited services pregnancy center" does not include a health
83	83	17 care professional licensed by the Department of Financial and
84	84	18 Professional Regulation. "Limited services pregnancy center"
85	85	19 includes an organization or facility that has employees,
86	86	20 volunteers, or agents who are health care professionals
87	87	21 licensed by the Department of Financial and Professional
88	88	22 Regulation.
89	89	23 "Pregnancy-related services" means any medical service, or
90	90	24 health counseling service, related to pregnancy or pregnancy
91	91	25 prevention, including, but not limited to, contraception and
92	92	26 contraceptive counseling, pregnancy testing, pregnancy
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103	103	1 diagnosis, pregnancy options counseling, limited obstetric
104	104	2 ultrasound, obstetric ultrasound, obstetric sonogram, and
105	105	3 prenatal care.
106	106	4 Section 15. Deceptive acts or practices.
107	107	5 (a) A limited services pregnancy center shall not use or
108	108	6 employ any deception, fraud, false pretense, false promise, or
109	109	7 misrepresentation, or the concealment, suppression, or
110	110	8 omission of any material fact, with the intent that others
111	111	9 rely upon the concealment, suppression or omission of such
112	112	10 material fact:
113	113	11 (1) to interfere with an individual seeking to gain
114	114	12 entry or access to a provider of abortion or emergency
115	115	13 contraception;
116	116	14 (2) to induce an individual to enter or access the
117	117	15 limited services pregnancy center;
118	118	16 (3) in advertising, soliciting, or otherwise offering
119	119	17 pregnancy-related services; or
120	120	18 (4) in conducting, providing, or performing
121	121	19 pregnancy-related services.
122	122	20 (b) A violation of this Section is unlawful whether any
123	123	21 individual has been misled, deceived, or damaged thereby.
124	124	22 Section 20. Enforcement by the Attorney General.
125	125	23 (a) When it appears to the Attorney General that a limited
126	126	24 services pregnancy center has engaged in, is engaging in, or
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137	137	1 is about to engage in any practice declared to be unlawful by
138	138	2 this Act, when the Attorney General receives a written
139	139	3 complaint of the commission of a practice declared to be
140	140	4 unlawful under this Act, or when the Attorney General believes
141	141	5 it to be in the public interest that an investigation should be
142	142	6 made to ascertain whether a limited services pregnancy center
143	143	7 has engaged in, is engaging in, or is about to engage in, any
144	144	8 practice declared to be unlawful by this Act, the Attorney
145	145	9 General may:
146	146	10 (1) require that limited services pregnancy center to
147	147	11 file on such terms as the Attorney General prescribes a
148	148	12 statement or report in writing under oath or otherwise, as
149	149	13 to all information as the Attorney General may consider
150	150	14 necessary;
151	151	15 (2) examine under oath any person in connection with
152	152	16 the potential violation of this Act;
153	153	17 (3) examine any record, book, document, account, or
154	154	18 paper as the Attorney General may consider necessary; and
155	155	19 (4) pursuant to an order of a circuit court, impound
156	156	20 any record, book, document, account, or paper that is
157	157	21 produced in accordance with this Act, and retain it in the
158	158	22 Attorney General's possession until the completion of all
159	159	23 proceedings in connection with which it is produced.
160	160	24 (b) To accomplish the objectives and to carry out the
161	161	25 duties prescribed by this Act, the Attorney General, in
162	162	26 addition to other powers conferred upon the Attorney General
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173	173	1 by this Act, may issue subpoenas to any person, administer an
174	174	2 oath or affirmation to any person, conduct hearings in aid of
175	175	3 any investigation or inquiry, prescribe such forms and adopt
176	176	4 such rules as may be necessary, which rules shall have the
177	177	5 force of law.
178	178	6 (c) Service by the Attorney General of any notice
179	179	7 requiring a person to file a statement or report, or of a
180	180	8 subpoena upon any person, shall be made:
181	181	9 (1) personally by delivery of a duly executed copy
182	182	10 thereof to the person to be served, or if a person is not a
183	183	11 natural person, in the manner provided in the Civil
184	184	12 Practice Law when a complaint is filed; or
185	185	13 (2) by mailing by certified mail a duly executed copy
186	186	14 thereof to the person to be served at the person's last
187	187	15 known abode or principal place of business within this
188	188	16 State.
189	189	17 (d) If any person fails or refuses to file any statement or
190	190	18 report, or obey any subpoena issued by the Attorney General,
191	191	19 the Attorney General may file a complaint in the circuit court
192	192	20 for the:
193	193	21 (1) granting of injunctive relief, restraining the
194	194	22 conduct constituting a violation of this Act; and
195	195	23 (2) granting of such other relief as may be required
196	196	24 until the person files the statement or report or obeys
197	197	25 the subpoena.
198	198	26 (e) In the administration of this Act, the Attorney
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209	209	1 General may accept an assurance of voluntary compliance with
210	210	2 respect to any method, act, or practice deemed to be in
211	211	3 violation of this Act from any limited services pregnancy
212	212	4 center who has engaged in, is engaging in, or was about to
213	213	5 engage in such method, act, or practice. Evidence of a
214	214	6 violation of an assurance of voluntary compliance shall be
215	215	7 prima facie evidence of a violation of this Act in any
216	216	8 subsequent proceeding brought by the Attorney General against
217	217	9 the alleged violator.
218	218	10 (f) Whenever the Attorney General has reason to believe
219	219	11 that any limited services pregnancy center is using, has used,
220	220	12 or is about to use any method, act, or practice declared by
221	221	13 this Act to be unlawful, and that proceedings would be in the
222	222	14 public interest, the Attorney General may bring an action in
223	223	15 the name of the People of the State against such limited
224	224	16 services pregnancy center to restrain by preliminary or
225	225	17 permanent injunction the use of such method, act, or practice.
226	226	18 The court, in its discretion, may exercise all powers
227	227	19 necessary to implement and enforce the injunction.
228	228	20 (g) In addition to the remedies herein, the Attorney
229	229	21 General may request and the court may impose a civil penalty in
230	230	22 a sum not to exceed $50,000 against any limited services
231	231	23 pregnancy center found by the court to have engaged in any
232	232	24 method, act, or practice declared unlawful under this Act.
233	233	25 (h) This Section applies if:
234	234	26 (1) a court orders a party to make payments to the
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245	245	1 Attorney General and the payments are to be used for the
246	246	2 operations of the Office of the Attorney General; or
247	247	3 (2) a party agrees, in an assurance of voluntary
248	248	4 compliance under this Act, to make payments to the
249	249	5 Attorney General for the operations of the Office of the
250	250	6 Attorney General.
251	251	7 (i) Moneys paid under any of the conditions described in
252	252	8 subsection (h) shall be deposited into the Attorney General
253	253	9 Court Ordered and Voluntary Compliance Payment Projects Fund.
254	254	10 Moneys in the Fund shall be used, subject to appropriation,
255	255	11 for the performance of any function pertaining to the exercise
256	256	12 of the duties of the Attorney General, including, but not
257	257	13 limited to, enforcement of any law of this State and
258	258	14 conducting public education programs; however, any moneys in
259	259	15 the Fund that are required by the court or by an agreement to
260	260	16 be used for a particular purpose shall be used for that
261	261	17 purpose.
262	262	18 (j) In any action brought under the provisions of this
263	263	19 Act, the Attorney General is entitled to recover costs for the
264	264	20 use of this State.
265	265	21 Section 25. Private right of action. Any party aggrieved
266	266	22 by a violation of this Act may bring an action in circuit court
267	267	23 against any limited services pregnancy center that has
268	268	24 committed such a violation. The court, in its discretion, may
269	269	25 award actual damages or any other relief which the court deems
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280	280	1 proper, including, but not limited to, injunctive relief where
281	281	2 appropriate. The court shall award reasonable attorney's fees
282	282	3 and costs to a plaintiff who is a prevailing party in any
283	283	4 action brought pursuant to this Act.
284	284	5 Section 30. Waiver or modification. Any waiver or
285	285	6 modification of the rights, provisions, or remedies of this
286	286	7 Act shall be void and unenforceable.
287	287	8 Section 35. Liberally construed. This Act shall be
288	288	9 liberally construed to effect the purposes thereof.
289	289	10 Section 40. Severability. The provisions of this Act are
290	290	11 severable under Section 1.31 of the Statute on Statutes.
291	291	12 Section 99. Effective date. This Act takes effect upon
292	292	13 becoming law.
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