Bill Text: IL SB1613 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Act on the Aging and the Illinois Public Aid Code by changing all references to the Illinois State Police Medicaid Fraud Control Unit to the Office of the Attorney General Medicaid Fraud Control Unit. Amends the Illinois False Claims Act. Removes references to the Illinois State Police from the definition of "investigator". Provides that the Attorney General (rather than the Attorney General or the Illinois State Police) shall diligently investigate a civil violation for false claims under the Act. Provides that the Attorney General may issue subpoenas under the Act (rather than the Attorney General may delegate the authority to issue subpoenas under the Act to the Department of State Police). In provisions concerning the State Whistleblower Reward and Protection Fund, provides that for all cases settled on or after October 1, 2023, one-third of the monies shall be paid to the Attorney General Whistleblower Reward and Protection Fund. Provides that the remaining two-thirds of the monies in the Fund shall be used for payment of awards to Qui Tam plaintiffs and as otherwise specified in this Act, with any remainder to the General Revenue Fund. Provides that the Attorney General shall direct the State Treasurer to make disbursement of funds. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB1613 Detail]
Download: Illinois-2023-SB1613-Introduced.html
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1 | AN ACT concerning the fraud.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Act on the Aging is amended by | |||||||||||||||||||||||||||||||
5 | changing Section 4.04a as follows:
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6 | (20 ILCS 105/4.04a)
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7 | Sec. 4.04a. Illinois Long-Term Care Council.
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8 | (a) Purpose. The purpose of this Section is to ensure that | |||||||||||||||||||||||||||||||
9 | consumers over
the age of 60
residing in facilities licensed | |||||||||||||||||||||||||||||||
10 | or regulated under the Nursing Home Care Act,
Skilled Nursing | |||||||||||||||||||||||||||||||
11 | and Intermediate Care Facilities Code, Sheltered Care
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12 | Facilities Code, and the Illinois Veterans' Homes Code receive | |||||||||||||||||||||||||||||||
13 | high
quality long-term care through an effective
Illinois | |||||||||||||||||||||||||||||||
14 | Long-Term Care Council.
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15 | (b) Maintenance and operation of the Illinois Long-Term | |||||||||||||||||||||||||||||||
16 | Care Council.
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17 | (1) The Department shall develop a fair and impartial | |||||||||||||||||||||||||||||||
18 | process for
recruiting and
receiving nominations for | |||||||||||||||||||||||||||||||
19 | members for
the Illinois
Long-Term Care Council from the | |||||||||||||||||||||||||||||||
20 | State Long-Term Care Ombudsman, the area
agencies on | |||||||||||||||||||||||||||||||
21 | aging, regional ombudsman
programs, provider agencies, and | |||||||||||||||||||||||||||||||
22 | other public agencies, using a nomination form
provided by | |||||||||||||||||||||||||||||||
23 | the Department.
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1 | (2) The Department shall appoint members to the
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2 | Illinois Long-Term Care Council in a timely manner.
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3 | (3) The Department shall consider and act in good | ||||||
4 | faith regarding
the Illinois Long-Term Care Council's | ||||||
5 | annual report and its recommendations.
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6 | (4) The Director shall appoint to
the Illinois | ||||||
7 | Long-Term Care Council at least 18 but not more than 25 | ||||||
8 | members.
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9 | (c) Responsibilities of the State Long-Term Care | ||||||
10 | Ombudsman, area agencies on
aging, regional long-term care
| ||||||
11 | ombudsman
programs, and provider agencies. The State Long-Term | ||||||
12 | Care Ombudsman and each
area agency on aging, regional | ||||||
13 | long-term
care
ombudsman program, and provider agency shall | ||||||
14 | solicit names and
recommend members to the Department for | ||||||
15 | appointment to the Illinois Long-Term
Care Council.
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16 | (d) Powers and duties. The Illinois Long-Term Care Council | ||||||
17 | shall do the
following:
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18 | (1) Make recommendations and comment on issues | ||||||
19 | pertaining to long-term
care and the State Long-Term Care | ||||||
20 | Ombudsman Program to the
Department.
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21 | (2) Advise the Department on matters pertaining to the | ||||||
22 | quality of life and
quality of care in the continuum of | ||||||
23 | long-term care.
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24 | (3) Evaluate, comment on reports regarding, and make | ||||||
25 | recommendations on,
the
quality of life and quality of | ||||||
26 | care in long-term care facilities and on the
duties and
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1 | responsibilities of the State Long-Term Care Ombudsman | ||||||
2 | Program.
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3 | (4) Prepare and circulate an annual report to the | ||||||
4 | Governor, the General
Assembly,
and other interested | ||||||
5 | parties concerning the duties and accomplishments of the
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6 | Illinois Long-Term Care Council and all other related | ||||||
7 | matters pertaining to
long-term care
and the
protection of | ||||||
8 | residents' rights.
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9 | (5) Provide an opportunity for public input at each | ||||||
10 | scheduled meeting.
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11 | (6) Make recommendations to the Director, upon his or | ||||||
12 | her request, as to
individuals who are capable of serving | ||||||
13 | as the State Long-Term Care Ombudsman
and who should make | ||||||
14 | appropriate application for that position should it become
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15 | vacant.
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16 | (e) Composition and operation. The Illinois Long-Term Care | ||||||
17 | Council shall
be composed of at least 18 but not more than 25 | ||||||
18 | members concerned about the
quality of life in long-term care | ||||||
19 | facilities and protecting the rights of
residents,
including | ||||||
20 | members from long-term care facilities.
The State Long-Term | ||||||
21 | Care Ombudsman shall be a permanent member of the
Long-Term | ||||||
22 | Care Council.
Members
shall be appointed for a 4-year term | ||||||
23 | with initial appointments staggered with
2-year, 3-year, and | ||||||
24 | 4-year terms. A lottery will determine the terms of office
for | ||||||
25 | the
members of the first term. Members may be reappointed to a | ||||||
26 | term but no
member may be reappointed to more than 2 |
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1 | consecutive terms. The Illinois
Long-Term Care Council shall | ||||||
2 | meet a minimum of 3 times per calendar year.
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3 | (f) Member requirements. All members shall be individuals | ||||||
4 | who have
demonstrated concern about the quality of life in | ||||||
5 | long-term care facilities. A
minimum of 3 members must be | ||||||
6 | current or former residents of long-term care
facilities or | ||||||
7 | the family member of a current or former resident of a | ||||||
8 | long-term
care
facility. A minimum of 2 members shall | ||||||
9 | represent current or former long-term
care
facility resident | ||||||
10 | councils or family councils. A minimum of 4 members shall be
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11 | selected from recommendations by organizations whose members | ||||||
12 | consist of
long-term care facilities.
A representative of | ||||||
13 | long-term care
facility employees must also be included as a | ||||||
14 | member.
A minimum of 2 members shall be selected from | ||||||
15 | recommendations of
membership-based senior advocacy groups or | ||||||
16 | consumer organizations that engage
solely in
legal | ||||||
17 | representation on behalf of residents and immediate families.
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18 | There shall be
non-voting State agency members on the | ||||||
19 | Long-Term Care Council from the
following agencies: (i) the
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20 | Department of Veterans' Affairs; (ii) the Department of Human | ||||||
21 | Services; (iii)
the
Department of Public Health; (iv) the | ||||||
22 | Department on Aging; (v) the Department
of
Healthcare and | ||||||
23 | Family Services; (vi) the Office of the Attorney General | ||||||
24 | Illinois State Police Medicaid Fraud Control Unit; and
(vii)
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25 | others as appropriate.
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26 | (Source: P.A. 95-331, eff. 8-21-07.)
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1 | Section 10. The Illinois Public Aid Code is amended by | ||||||
2 | changing Sections 8A-7 and 12-4.41 as follows:
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3 | (305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
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4 | Sec. 8A-7. Civil Remedies. (a) A person who receives | ||||||
5 | financial aid by
means of a false statement, willful | ||||||
6 | misrepresentation or by his failure
to notify the county | ||||||
7 | department or local governmental unit, as the case
may be, of a | ||||||
8 | change in his status as required by Sections 11-18 and 11-19,
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9 | for the purpose of preventing the denial, cancellation or | ||||||
10 | suspension of
his grant, or a variation in the amount thereof, | ||||||
11 | or by other fraudulent
device, or a person who knowingly aids | ||||||
12 | or abets any person in obtaining
financial aid for which he is | ||||||
13 | not eligible, shall be answerable to the county
department or | ||||||
14 | the local governmental unit, as the case may be, for refunding
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15 | the entire amount of aid received. If the refund is not made, | ||||||
16 | it shall be
recoverable in a civil action from the person who | ||||||
17 | received the aid, or from
anyone who willfully aided such | ||||||
18 | person to obtain the aid. If an act which
would be unlawful | ||||||
19 | under Section 8A-2 is proven, the court may as a penalty
assess | ||||||
20 | an additional sum of money, not to exceed the entire amount of | ||||||
21 | aid
provided, against the recipient or against any person who | ||||||
22 | willfully aided
the recipient. If assessed, the penalty shall | ||||||
23 | be included in any judgment
entered for the aid received, and | ||||||
24 | paid to the county department or the
local governmental unit, |
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1 | as the case may be. Upon entry of the judgment a
lien shall | ||||||
2 | attach to all property and assets of such person until the
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3 | judgment is satisfied.
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4 | (b) Any person, firm, corporation, association, agency, | ||||||
5 | institution or
other legal entity, other than an individual | ||||||
6 | recipient, that willfully,
by means of a false statement or | ||||||
7 | representation, or by concealment of any
material fact or by | ||||||
8 | other fraudulent scheme or device on behalf of himself
or | ||||||
9 | others, obtains or attempts to obtain benefits or payments | ||||||
10 | under this
Code to which he or it is not entitled, or in a | ||||||
11 | greater amount than that
to which he or it is entitled, shall | ||||||
12 | be liable for repayment of any excess
benefits or payments | ||||||
13 | received and, in addition to any other penalties provided
by | ||||||
14 | law, civil penalties consisting of (1) the interest on the | ||||||
15 | amount of
excess benefits or payments at the maximum legal | ||||||
16 | rate in effect on the date
the payment was made to such person, | ||||||
17 | firm, corporation, association, agency,
institution or other | ||||||
18 | legal entity for the period from the date upon which
payment | ||||||
19 | was made to the date upon which repayment is made to the State,
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20 | (2) an amount not to exceed 3 times the amount of such excess | ||||||
21 | benefits or
payments, and (3) the sum of $2,000 for each | ||||||
22 | excessive claim for benefits
or payments. Upon entry of a | ||||||
23 | judgment for repayment of any excess benefits
or payments, or | ||||||
24 | for any civil penalties assessed by the court, a lien shall
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25 | attach to all property and assets of such person, firm, | ||||||
26 | corporation,
association, agency, institution or other legal |
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1 | entity until the judgment is satisfied.
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2 | (c) Civil recoveries provided for in this Section may be | ||||||
3 | recoverable in
court proceedings initiated by the Attorney | ||||||
4 | General or, in actions
involving a local governmental unit, by | ||||||
5 | the State's Attorney.
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6 | (d) Any person who commits the offense of vendor fraud or | ||||||
7 | recipient
fraud as defined in Section 8A-2 and Section 8A-3 of | ||||||
8 | this Article shall
forfeit, according to the provisions
of | ||||||
9 | this subsection, any monies, profits or proceeds, and any | ||||||
10 | interest or
property which the sentencing court determines he | ||||||
11 | has acquired or maintained,
directly or indirectly, in whole | ||||||
12 | or in part as a result of such offense.
Such person shall also | ||||||
13 | forfeit any interest in, securities of, claim against,
or | ||||||
14 | contractual right of any kind which affords him a source of | ||||||
15 | influence
over, any enterprise which he has established, | ||||||
16 | operated, controlled, conducted,
or participated in | ||||||
17 | conducting, where his relationship to or connection with
any | ||||||
18 | such thing or activity directly or indirectly, in whole or in | ||||||
19 | part,
is traceable to any thing or benefit which he has | ||||||
20 | obtained or acquired through
vendor fraud or recipient fraud.
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21 | Proceedings instituted pursuant to this subsection shall | ||||||
22 | be subject to
and conducted in accordance with the following | ||||||
23 | procedures:
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24 | (1) The sentencing court shall, upon petition by the | ||||||
25 | Attorney General
or State's Attorney at any time following | ||||||
26 | sentencing, conduct a hearing
to determine whether any |
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1 | property or property interest is subject to forfeiture
under | ||||||
2 | this subsection. At the forfeiture hearing the People shall | ||||||
3 | have
the burden of establishing, by a preponderance of the | ||||||
4 | evidence, that the
property or property interests are subject | ||||||
5 | to such forfeiture.
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6 | (2) In any action brought by the People of the State of | ||||||
7 | Illinois under
this Section, in which any restraining order, | ||||||
8 | injunction or prohibition or
any other action in connection | ||||||
9 | with any property or interest subject to
forfeiture under this | ||||||
10 | subsection is sought, the circuit court presiding
over the | ||||||
11 | trial of the person charged with recipient fraud or
vendor | ||||||
12 | fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
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13 | first determine whether there is probable cause to believe | ||||||
14 | that the person
so charged has committed the offense of | ||||||
15 | recipient fraud or
vendor fraud and whether the property or | ||||||
16 | interest is subject to forfeiture
under this subsection. To | ||||||
17 | make such a determination, prior to
entering any such order, | ||||||
18 | the court shall conduct a hearing without a jury,
at which the | ||||||
19 | People shall establish that there is (i) probable cause that
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20 | the person so charged has committed the offense of recipient
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21 | fraud or vendor fraud and (ii) probable cause that any | ||||||
22 | property or interest
may be subject to forfeiture pursuant to | ||||||
23 | this subsection. Such hearing may
be conducted simultaneously | ||||||
24 | with a preliminary hearing, if the prosecution
is commenced by | ||||||
25 | information or complaint, or by motion of the People at any
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26 | stage in the proceedings. The court may accept a finding of |
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1 | probable cause
at a preliminary hearing following the filing | ||||||
2 | of an information charging
the offense of recipient fraud or | ||||||
3 | vendor fraud as defined in Sections 8A-2
or 8A-3 or the return | ||||||
4 | of an indictment by a grand jury charging the offense
of | ||||||
5 | recipient fraud or vendor fraud as defined in Sections 8A-2 or | ||||||
6 | 8A-3 of
this Article as sufficient evidence of probable cause | ||||||
7 | as provided in item
(i) above. Upon such a finding, the circuit | ||||||
8 | court shall enter such
restraining order, injunction or | ||||||
9 | prohibition, or shall take such other
action in connection | ||||||
10 | with any such property or other interest subject to
forfeiture | ||||||
11 | under this Act as is necessary to insure that such property is
| ||||||
12 | not removed from the jurisdiction of the court, concealed, | ||||||
13 | destroyed or
otherwise disposed of by the owner of that | ||||||
14 | property or interest prior to a
forfeiture hearing under this | ||||||
15 | subsection. The Attorney General or State's
Attorney shall | ||||||
16 | file a certified copy of such restraining order, injunction
or | ||||||
17 | other prohibition with the recorder of deeds or registrar of | ||||||
18 | titles of
each county where any such property of the defendant | ||||||
19 | may be located. No
such injunction, restraining order or other | ||||||
20 | prohibition shall affect the
rights of any bonafide purchaser, | ||||||
21 | mortgagee, judgement creditor or other
lien holder arising | ||||||
22 | prior to the date of such filing. The court may, at
any time, | ||||||
23 | upon verified petition by the defendant, conduct a hearing to
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24 | determine whether all or portions of any such property or | ||||||
25 | interest which
the court previously determined to be subject | ||||||
26 | to forfeiture
or subject to any restraining order, injunction, |
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1 | or prohibition or other
action, should be released. The court | ||||||
2 | may in its discretion release such
property to the defendant | ||||||
3 | for good cause shown.
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4 | (3) Upon conviction of a person under this Article, the | ||||||
5 | court shall
authorize the Director of the Illinois State | ||||||
6 | Police to seize
all property or other interest declared | ||||||
7 | forfeited under this subsection upon
such terms and conditions | ||||||
8 | as the court shall deem proper.
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9 | (4) The Director of the Illinois State Police is
| ||||||
10 | authorized to sell all property forfeited and seized pursuant | ||||||
11 | to this
subsection, unless such property is
required by law to | ||||||
12 | be destroyed or is harmful to the public.
After the deduction | ||||||
13 | of all requisite expenses of administration and
sale, the | ||||||
14 | court shall order the Director to distribute to the Illinois
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15 | Department an amount from the proceeds of the forfeited | ||||||
16 | property, or monies
forfeited or seized, which will satisfy | ||||||
17 | any unsatisfied court order of
restitution entered pursuant to | ||||||
18 | a conviction under this Article. If the
proceeds are less than | ||||||
19 | the amount necessary to satisfy the order of
restitution, the | ||||||
20 | Director shall distribute to the Illinois Department the
| ||||||
21 | entire amount of the remaining proceeds. The Director shall | ||||||
22 | distribute any
remaining proceeds of such sale, along with any | ||||||
23 | monies forfeited or seized,
in accordance with the following | ||||||
24 | schedules:
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25 | (a) 25% shall be distributed to the unit of local | ||||||
26 | government whose
officers or employees conducted the |
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1 | investigation into recipient fraud or
vendor fraud and caused | ||||||
2 | the arrest or arrests and prosecution leading to
the | ||||||
3 | forfeiture. Amounts distributed to units of local government | ||||||
4 | shall be
used solely for enforcement matters relating to | ||||||
5 | detection, investigation or
prosecution of recipient fraud or | ||||||
6 | vendor fraud as defined in Section 8A-2
or 8A-3 of this | ||||||
7 | Article. Where the investigation, arrest or arrests leading to
| ||||||
8 | the prosecution and forfeiture is undertaken solely by the | ||||||
9 | Office of the Attorney General Illinois State Police , the | ||||||
10 | portion provided hereunder shall be paid
into the Medicaid | ||||||
11 | Fraud and Abuse Prevention Fund, which is hereby created
in | ||||||
12 | the State treasury. Monies from this fund shall be used by the
| ||||||
13 | Office of the Attorney General Illinois State Police for the | ||||||
14 | furtherance of enforcement matters
relating to detection, | ||||||
15 | investigation or prosecution of recipient fraud or
vendor | ||||||
16 | fraud. Monies directed to this fund shall be used in addition | ||||||
17 | to,
and not as a substitute for, funds annually appropriated | ||||||
18 | to the Office of the Attorney General Illinois State Police | ||||||
19 | for medicaid fraud enforcement.
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20 | (b) 25% shall be distributed to the county in which the | ||||||
21 | prosecution and
petition for forfeiture resulting in the | ||||||
22 | forfeiture was instituted,
and deposited in a special fund in | ||||||
23 | the county treasury
and appropriated to the State's Attorney | ||||||
24 | for use solely in enforcement
matters relating to detection, | ||||||
25 | investigation or prosecution of recipient
fraud or vendor | ||||||
26 | fraud; however, if the Attorney General brought the
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1 | prosecution resulting in the forfeiture, the portion provided | ||||||
2 | hereunder
shall be paid into the Medicaid Fraud and Abuse | ||||||
3 | Prevention Fund, to be used
by the Medicaid Fraud Control Unit | ||||||
4 | of the Office of the Attorney General Illinois State Police
| ||||||
5 | for enforcement matters relating to detection, investigation | ||||||
6 | or prosecution
of recipient fraud or vendor fraud. Where the | ||||||
7 | Attorney General and a
State's Attorney have jointly | ||||||
8 | participated in any portion of the
proceedings, 12.5% shall be | ||||||
9 | distributed to the county in which the
prosecution resulting | ||||||
10 | in the forfeiture was instituted, and used as
specified | ||||||
11 | herein, and 12.5% shall be paid into the Medicaid Fraud and | ||||||
12 | Abuse
Prevention Fund, and used as specified herein.
| ||||||
13 | (c) 50% shall be transmitted to the State Treasurer for | ||||||
14 | deposit in the
General Revenue Fund.
| ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
16 | (305 ILCS 5/12-4.41)
| ||||||
17 | Sec. 12-4.41. Public Benefits Fraud Protection Task Force. | ||||||
18 | (a) Purpose. The purpose of the Public Benefits Fraud | ||||||
19 | Protection Task Force is to conduct a thorough review of the | ||||||
20 | nature of public assistance fraud in the State of Illinois; to | ||||||
21 | ascertain the feasibility of implementing a mechanism to | ||||||
22 | determine the pervasiveness and frequency of public assistance | ||||||
23 | fraud; to calculate the detriment of public assistance fraud | ||||||
24 | to the financial status and socio-economic status of public | ||||||
25 | aid recipients specifically and Illinois taxpayers generally; |
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| |||||||
1 | and to determine if more stringent penalties or compassionate | ||||||
2 | procedures are necessary. | ||||||
3 | (b) Definitions. As used in this Section: | ||||||
4 | "Task Force" means the Public Benefits Fraud Protection | ||||||
5 | Task Force. | ||||||
6 | "Public assistance" or "public aid" includes, without | ||||||
7 | limitation, Medicaid, TANF, the Illinois LINK Program, General | ||||||
8 | Assistance, Transitional Assistance, the Supplemental | ||||||
9 | Nutrition Assistance Program, and the Child Care Assistance | ||||||
10 | Program. | ||||||
11 | (c) The Public Benefits Fraud Protection Task Force. The | ||||||
12 | Public Benefits Fraud Protection Task Force is created. The | ||||||
13 | Task Force shall be composed of 17 members appointed as | ||||||
14 | follows: | ||||||
15 | (1) One member of the Illinois Senate appointed by the | ||||||
16 | President of the Senate, who shall be co-chair to the Task | ||||||
17 | Force; | ||||||
18 | (2)
One member of the Illinois Senate appointed by the | ||||||
19 | Senate Minority Leader; | ||||||
20 | (3)
One member of the Illinois House of | ||||||
21 | Representatives appointed by the Speaker of the House of | ||||||
22 | Representatives, who shall be co-chair to the Task Force; | ||||||
23 | (4)
One member of the Illinois House of | ||||||
24 | Representatives appointed by the House Minority Leader; | ||||||
25 | (5)
The following persons, or their designees: the | ||||||
26 | Director of Public Health, the Director of Healthcare and |
| |||||||
| |||||||
1 | Family Services, and the Secretary of Human Services; | ||||||
2 | (6)
The Director of the Illinois Department on Aging, | ||||||
3 | or his or her designee; | ||||||
4 | (7) The Executive Inspector General appointed by the | ||||||
5 | Governor, or his or her designee; | ||||||
6 | (8)
The Inspector General of the Illinois Department | ||||||
7 | of Human Services, or his or her designee; | ||||||
8 | (9)
A representative from the Office of the Attorney | ||||||
9 | General Illinois State Police Medicaid Fraud Control Unit; | ||||||
10 | (10) Three persons, who are not currently employed by | ||||||
11 | a State agency, appointed by the Secretary of Human | ||||||
12 | Services, one of whom shall be a person with professional | ||||||
13 | experience in child care issues, one of whom shall be a | ||||||
14 | person with knowledge and experience in legal aid | ||||||
15 | services, and one of whom shall be a person with knowledge | ||||||
16 | and experience in poverty law; | ||||||
17 | (11) The Attorney General, or his or her designee; | ||||||
18 | (12) A representative of a union representing front | ||||||
19 | line State employees who administer public benefits | ||||||
20 | programs; and | ||||||
21 | (13) A representative of a statewide business | ||||||
22 | association. | ||||||
23 | (d) Compensation and qualifications. Members shall serve | ||||||
24 | without compensation and shall be adults and residents of | ||||||
25 | Illinois. | ||||||
26 | (e) Appointments. Appointments shall be made 90 days from |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 96th General | ||||||
2 | Assembly. | ||||||
3 | (f) Hearings. The Task Force shall solicit comments from | ||||||
4 | stakeholders and hold public hearings before filing any report | ||||||
5 | required by this Section. At the public hearings, the Task | ||||||
6 | Force shall allow interested persons to present their views | ||||||
7 | and comments. The Task Force shall submit all reports required | ||||||
8 | by this Section to the Governor and the General Assembly. In | ||||||
9 | addition to the reports required by this Section, the Task | ||||||
10 | Force may provide, at its discretion, interim reports and | ||||||
11 | recommendations. The Department of Human Services shall | ||||||
12 | provide administrative support to the Task Force. | ||||||
13 | (g) Task Force duties. The Task Force shall gather | ||||||
14 | information and make recommendations relating to at least the | ||||||
15 | following topics in relation to public assistance fraud: | ||||||
16 | (1) Reviews of provider billing of public aid claims. | ||||||
17 | (2) Reviews of recipient utilization of public aid. | ||||||
18 | (3) Protocols for investigating recipient public aid
| ||||||
19 | fraud. | ||||||
20 | (4) Protocols for investigating provider public aid
| ||||||
21 | fraud. | ||||||
22 | (5) Reporting of alleged fraud by private citizens
| ||||||
23 | through qui tam actions. | ||||||
24 | (6) Examination of current fraud prevention measures
| ||||||
25 | which may hinder legitimate aid claims. | ||||||
26 | (7) Coordination between relevant agencies in fraud
|
| |||||||
| |||||||
1 | investigation. | ||||||
2 | (8) Financial audit of the current costs borne by aid
| ||||||
3 | recipients and Illinois government through fraud. | ||||||
4 | (9) Examination of enhanced penalties for fraudulent
| ||||||
5 | recipients and providers. | ||||||
6 | (10) Enhanced whistleblower protections. | ||||||
7 | (11) Voluntary assistance from businesses and | ||||||
8 | community groups in efforts to curb fraud. | ||||||
9 | (h) Task Force recommendations. Any of the findings, | ||||||
10 | recommendations, public postings, and other relevant | ||||||
11 | information regarding the Task Force shall be made available | ||||||
12 | on the Department of Human Services' website. | ||||||
13 | (i) Reporting requirements. The Task Force shall submit | ||||||
14 | findings and recommendations to the Governor and the General | ||||||
15 | Assembly by December 31, 2011, including any necessary | ||||||
16 | implementing legislation, and recommendations for changes to | ||||||
17 | policies, rules, or procedures that are not incorporated in | ||||||
18 | the implementing legislation. | ||||||
19 | (j) Dissolution of Task Force. The Task Force shall be | ||||||
20 | dissolved 90 days after its report has been submitted to the | ||||||
21 | Governor's Office and the General Assembly.
| ||||||
22 | (Source: P.A. 96-1346, eff. 1-1-11; 97-333, eff. 8-12-11.)
| ||||||
23 | Section 15. The Illinois False Claims Act is amended by | ||||||
24 | changing Sections 2, 4, 6, and 8 as follows:
|
| |||||||
| |||||||
1 | (740 ILCS 175/2) (from Ch. 127, par. 4102)
| ||||||
2 | Sec. 2. Definitions. As used in this Act:
| ||||||
3 | (a) "State" means the State of Illinois; any agency of | ||||||
4 | State
government; the system of State colleges and | ||||||
5 | universities, any school district, community college district, | ||||||
6 | county, municipality, municipal corporation, unit of local | ||||||
7 | government, and any combination of the above under an | ||||||
8 | intergovernmental agreement that includes provisions for a | ||||||
9 | governing body of the agency created by the agreement.
| ||||||
10 | (b) "Guard" means the Illinois National Guard.
| ||||||
11 | (c) "Investigation" means any inquiry conducted by any | ||||||
12 | investigator for
the purpose of ascertaining whether any | ||||||
13 | person is or has been engaged in
any violation of this Act.
| ||||||
14 | (d) "Investigator" means a person who is charged by the | ||||||
15 | Attorney General or the Illinois State Police with the duty of | ||||||
16 | conducting any investigation under this Act, or
any officer or | ||||||
17 | employee of the State acting under the direction and
| ||||||
18 | supervision of the Attorney General or the Illinois State | ||||||
19 | Police , in the course of
an investigation.
| ||||||
20 | (e) "Documentary material" includes the original or any | ||||||
21 | copy of any
book, record, report, memorandum, paper, | ||||||
22 | communication, tabulation,
chart, or other document, or data | ||||||
23 | compilations stored in or accessible
through computer or other | ||||||
24 | information retrieval systems, together with
instructions and | ||||||
25 | all other materials necessary to use or interpret such
data | ||||||
26 | compilations, and any product of discovery.
|
| |||||||
| |||||||
1 | (f) "Custodian" means the custodian, or any deputy | ||||||
2 | custodian, designated
by the Attorney General under subsection | ||||||
3 | (i)(1) of Section 6.
| ||||||
4 | (g) "Product of discovery" includes:
| ||||||
5 | (1) the original or duplicate of any deposition, | ||||||
6 | interrogatory,
document, thing, result of the inspection | ||||||
7 | of land or other property,
examination, or admission, | ||||||
8 | which is obtained by any method of discovery in
any | ||||||
9 | judicial or administrative proceeding of an adversarial | ||||||
10 | nature;
| ||||||
11 | (2) any digest, analysis, selection, compilation, or | ||||||
12 | derivation of any
item listed in paragraph (1); and
| ||||||
13 | (3) any index or other manner of access to any item | ||||||
14 | listed in
paragraph (1).
| ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
16 | (740 ILCS 175/4) (from Ch. 127, par. 4104)
| ||||||
17 | Sec. 4. Civil actions for false claims.
| ||||||
18 | (a) Responsibilities of the Attorney General and the | ||||||
19 | Illinois State Police . The Attorney General or the Illinois | ||||||
20 | State Police shall diligently investigate
a civil violation | ||||||
21 | under Section 3. If the Attorney General finds that a person | ||||||
22 | violated or is violating Section 3, the Attorney General may | ||||||
23 | bring a civil action under this Section
against the person.
| ||||||
24 | The State shall receive an amount for reasonable expenses | ||||||
25 | that the court finds to have been necessarily incurred by the |
| |||||||
| |||||||
1 | Attorney General, including reasonable attorneys' fees and | ||||||
2 | costs. All such expenses, fees, and costs shall be awarded | ||||||
3 | against the defendant. The court may award amounts from the | ||||||
4 | proceeds of an action or settlement that it considers | ||||||
5 | appropriate to any governmental entity or program that has | ||||||
6 | been adversely affected by a defendant. The Attorney General, | ||||||
7 | if necessary, shall direct the State Treasurer to make a | ||||||
8 | disbursement of funds as provided in court orders or | ||||||
9 | settlement agreements. | ||||||
10 | (b) Actions by private persons.
| ||||||
11 | (1) A person may bring a civil action
for a violation | ||||||
12 | of Section 3 for the person and for the State. The action
| ||||||
13 | shall be brought in the name of the State. The action may | ||||||
14 | be dismissed
only if the court and the Attorney General | ||||||
15 | give written consent to the
dismissal and their reasons | ||||||
16 | for consenting.
| ||||||
17 | (2) A copy of the complaint and written disclosure of | ||||||
18 | substantially all
material evidence and information the | ||||||
19 | person possesses shall be served on
the State. The | ||||||
20 | complaint shall be filed in camera, shall remain under | ||||||
21 | seal
for at least 60 days, and shall not be served on the | ||||||
22 | defendant until the
court so orders. The State may elect | ||||||
23 | to intervene and proceed with the
action within 60 days | ||||||
24 | after it receives both the complaint and the material
| ||||||
25 | evidence and information.
| ||||||
26 | (3) The State may, for good cause shown, move the |
| |||||||
| |||||||
1 | court for extensions
of the time during which the | ||||||
2 | complaint remains under seal under paragraph
(2). Any such | ||||||
3 | motions may be supported by affidavits or other | ||||||
4 | submissions
in camera. The defendant shall not be required | ||||||
5 | to respond to any complaint
filed under this Section until | ||||||
6 | 20 days after the complaint is unsealed and
served upon | ||||||
7 | the defendant.
| ||||||
8 | (4) Before the expiration of the 60-day period or any | ||||||
9 | extensions
obtained under paragraph (3), the State shall:
| ||||||
10 | (A) proceed with the action, in which case the | ||||||
11 | action shall be
conducted by the State; or
| ||||||
12 | (B) notify the court that it declines to take over | ||||||
13 | the action, in which
case the person bringing the | ||||||
14 | action shall have the right to conduct the action.
| ||||||
15 | (5) When a person brings an action under this | ||||||
16 | subsection (b), no person
other than the State may | ||||||
17 | intervene or bring a related action based on the
facts | ||||||
18 | underlying the pending action.
| ||||||
19 | (c) Rights of the parties to Qui Tam actions.
| ||||||
20 | (1) If the State proceeds
with the action, it shall | ||||||
21 | have the primary responsibility for prosecuting
the | ||||||
22 | action, and shall not be bound by an act of the person | ||||||
23 | bringing the
action. Such person shall have the right to | ||||||
24 | continue as a party to the
action, subject to the | ||||||
25 | limitations set forth in paragraph (2).
| ||||||
26 | (2)(A) The State may dismiss the action |
| |||||||
| |||||||
1 | notwithstanding the objections
of the person initiating | ||||||
2 | the action if the person has been notified by the
State of | ||||||
3 | the filing of the motion and the court has provided the | ||||||
4 | person
with an opportunity for a hearing on the motion.
| ||||||
5 | (B) The State may settle the action with the defendant | ||||||
6 | notwithstanding
the objections of the person initiating | ||||||
7 | the action if the court determines,
after a hearing, that | ||||||
8 | the proposed settlement is fair, adequate, and reasonable
| ||||||
9 | under all the circumstances. Upon a showing of good cause, | ||||||
10 | such hearing
may be held in camera.
| ||||||
11 | (C) Upon a showing by the State that unrestricted | ||||||
12 | participation during
the course of the litigation by the | ||||||
13 | person initiating the action would
interfere with or | ||||||
14 | unduly delay the State's prosecution of the case, or
would | ||||||
15 | be repetitious, irrelevant, or for purposes of harassment, | ||||||
16 | the court
may, in its discretion, impose limitations on | ||||||
17 | the person's participation,
such as:
| ||||||
18 | (i) limiting the number of witnesses the person | ||||||
19 | may call:
| ||||||
20 | (ii) limiting the length of the testimony of such | ||||||
21 | witnesses;
| ||||||
22 | (iii) limiting the person's cross-examination of | ||||||
23 | witnesses; or
| ||||||
24 | (iv) otherwise limiting the participation by the | ||||||
25 | person in the
litigation.
| ||||||
26 | (D) Upon a showing by the defendant that unrestricted |
| |||||||
| |||||||
1 | participation
during
the course of the litigation by the | ||||||
2 | person initiating the action would be
for purposes of | ||||||
3 | harassment or would cause the defendant undue burden or
| ||||||
4 | unnecessary expense, the court may limit the participation | ||||||
5 | by the person in
the litigation.
| ||||||
6 | (3) If the State elects not to proceed with the | ||||||
7 | action, the person who
initiated the action shall have the | ||||||
8 | right to conduct the action. If the
State so requests, it | ||||||
9 | shall be served with copies of all pleadings filed in
the | ||||||
10 | action and shall be supplied with copies of all deposition | ||||||
11 | transcripts
(at the State's expense). When a person | ||||||
12 | proceeds with the action, the
court, without limiting the | ||||||
13 | status and rights of the person initiating the
action, may | ||||||
14 | nevertheless permit the State to intervene at a later date | ||||||
15 | upon
a showing of good cause.
| ||||||
16 | (4) Whether or not the State proceeds with the action, | ||||||
17 | upon a showing by
the State that certain actions of | ||||||
18 | discovery by the person initiating the
action would | ||||||
19 | interfere with the State's investigation or prosecution of | ||||||
20 | a
criminal or civil matter arising out of the same facts, | ||||||
21 | the court may stay
such discovery for a period of not more | ||||||
22 | than 60 days. Such a showing shall
be conducted in camera. | ||||||
23 | The court may extend the 60-day period upon a
further | ||||||
24 | showing in camera that the State has pursued the criminal | ||||||
25 | or civil
investigation or proceedings with reasonable | ||||||
26 | diligence and any proposed
discovery in the civil action |
| |||||||
| |||||||
1 | will interfere with the ongoing criminal or
civil | ||||||
2 | investigation or proceedings.
| ||||||
3 | (5) Notwithstanding subsection (b), the State may | ||||||
4 | elect to pursue its
claim through any alternate remedy | ||||||
5 | available to the State, including any
administrative | ||||||
6 | proceeding to determine a civil money penalty. If any such
| ||||||
7 | alternate remedy is pursued in another proceeding, the | ||||||
8 | person initiating
the action shall have the same rights in | ||||||
9 | such proceeding as such person
would have had if the | ||||||
10 | action had continued under this Section. Any finding
of | ||||||
11 | fact or conclusion of law made in such other proceeding | ||||||
12 | that has become
final shall be conclusive on all parties | ||||||
13 | to an action under this Section.
For purposes of the | ||||||
14 | preceding sentence, a finding or conclusion is final if
it | ||||||
15 | has been finally determined on appeal to the appropriate | ||||||
16 | court, if all
time for filing such an appeal with respect | ||||||
17 | to the finding or conclusion
has expired, or if the | ||||||
18 | finding or conclusion is not subject to judicial review.
| ||||||
19 | (d) Award to Qui Tam plaintiff.
| ||||||
20 | (1) If the State proceeds with an
action brought by a | ||||||
21 | person under subsection (b), such person shall, subject
to | ||||||
22 | the second sentence of this paragraph, receive at least | ||||||
23 | 15% but not more
than 25% of the proceeds of the action or | ||||||
24 | settlement of the claim,
depending upon the extent to | ||||||
25 | which the person substantially contributed to
the | ||||||
26 | prosecution of the action. Where the action is one which |
| |||||||
| |||||||
1 | the court
finds to be based primarily on disclosures of | ||||||
2 | specific information (other
than information provided by | ||||||
3 | the person bringing the action) relating to
allegations or | ||||||
4 | transactions in a criminal, civil, or administrative
| ||||||
5 | hearing, in a legislative, administrative, or Auditor | ||||||
6 | General's report,
hearing, audit, or investigation, or | ||||||
7 | from the news media, the court may award
such sums as it | ||||||
8 | considers appropriate, but in no case more than 10% of the
| ||||||
9 | proceeds, taking into account the significance of the | ||||||
10 | information and the
role of the person bringing the action | ||||||
11 | in advancing the case to litigation.
Any payment to a | ||||||
12 | person under the first or second sentence of this
| ||||||
13 | paragraph (1) shall be made from the proceeds. Any such | ||||||
14 | person shall also
receive an amount for reasonable | ||||||
15 | expenses which the court finds to have
been necessarily | ||||||
16 | incurred, plus reasonable attorneys' fees and costs.
The | ||||||
17 | State shall also receive an amount for reasonable expenses | ||||||
18 | which the
court finds to have been necessarily incurred by | ||||||
19 | the Attorney General,
including reasonable attorneys' fees | ||||||
20 | and costs. All such expenses, fees, and costs shall be | ||||||
21 | awarded
against the defendant. The court may award amounts | ||||||
22 | from the proceeds of an action or settlement that it | ||||||
23 | considers appropriate to any governmental entity or | ||||||
24 | program that has been adversely affected by a defendant. | ||||||
25 | The Attorney General, if necessary, shall direct the State | ||||||
26 | Treasurer to make a disbursement of funds as provided in |
| |||||||
| |||||||
1 | court orders or settlement agreements.
| ||||||
2 | (2) If the State does not proceed with an action under | ||||||
3 | this Section, the
person bringing the action or settling | ||||||
4 | the claim shall receive an amount
which the court decides | ||||||
5 | is reasonable for collecting the civil penalty and
| ||||||
6 | damages. The amount shall be not less than 25% and not more | ||||||
7 | than 30% of
the proceeds of the action or settlement and | ||||||
8 | shall be paid out of such
proceeds. Such person shall also | ||||||
9 | receive an amount for reasonable expenses
which the court | ||||||
10 | finds to have been necessarily incurred, plus reasonable
| ||||||
11 | attorneys' fees and costs. All such expenses, fees, and | ||||||
12 | costs shall be
awarded against the defendant. The court | ||||||
13 | may award amounts from the proceeds of an action or | ||||||
14 | settlement that it considers appropriate to any | ||||||
15 | governmental entity or program that has been adversely | ||||||
16 | affected by a defendant. The Attorney General, if | ||||||
17 | necessary, shall direct the State Treasurer to make a | ||||||
18 | disbursement of funds as provided in court orders or | ||||||
19 | settlement agreements.
| ||||||
20 | (3) Whether or not the State proceeds with the action, | ||||||
21 | if the court finds
that the action was brought by a person | ||||||
22 | who planned and initiated the violation
of Section 3 upon | ||||||
23 | which the action was brought, then the court may, to the
| ||||||
24 | extent the court considers appropriate, reduce the share | ||||||
25 | of the proceeds of
the action which the person would | ||||||
26 | otherwise receive under paragraph (1) or
(2) of this |
| |||||||
| |||||||
1 | subsection (d), taking into account the role of that | ||||||
2 | person in
advancing the case to litigation and any | ||||||
3 | relevant circumstances pertaining
to the violation. If the | ||||||
4 | person bringing the action is convicted of
criminal | ||||||
5 | conduct arising from his or her role in the violation of | ||||||
6 | Section
3, that person shall be dismissed from the civil | ||||||
7 | action and shall not
receive any share of the proceeds of | ||||||
8 | the action. Such dismissal shall not
prejudice the right | ||||||
9 | of the State to continue the action, represented by the | ||||||
10 | Attorney General.
| ||||||
11 | (4) If the State does not proceed with the action and | ||||||
12 | the person
bringing the action conducts the action, the | ||||||
13 | court may award to the
defendant its reasonable attorneys' | ||||||
14 | fees and expenses if the defendant
prevails in the action | ||||||
15 | and the court finds that the claim of the person
bringing | ||||||
16 | the action was clearly frivolous, clearly vexatious, or | ||||||
17 | brought
primarily for purposes of harassment.
| ||||||
18 | (e) Certain actions barred.
| ||||||
19 | (1) No court shall have jurisdiction over an
action | ||||||
20 | brought by a former or present member of the Guard under | ||||||
21 | subsection
(b) of this Section against a member of the | ||||||
22 | Guard arising out of such
person's service in the Guard.
| ||||||
23 | (2)(A) No court shall have jurisdiction over an action | ||||||
24 | brought under
subsection (b) against a member of the | ||||||
25 | General Assembly, a member of the
judiciary, or an exempt | ||||||
26 | official if the action is based on evidence or
information |
| |||||||
| |||||||
1 | known to the State when the action was brought.
| ||||||
2 | (B) For purposes of this paragraph (2), "exempt | ||||||
3 | official" means any of
the following officials in State | ||||||
4 | service: directors of departments
established under the | ||||||
5 | Civil Administrative Code of Illinois, the Adjutant
| ||||||
6 | General, the Assistant Adjutant General, the Director of | ||||||
7 | the State
Emergency Services and Disaster Agency, members | ||||||
8 | of the boards and
commissions, and all other positions | ||||||
9 | appointed by the Governor by and with
the consent of the | ||||||
10 | Senate.
| ||||||
11 | (3) In no event may a person bring an action under | ||||||
12 | subsection (b) which
is based upon allegations or | ||||||
13 | transactions which are the subject of a civil
suit or an | ||||||
14 | administrative civil money penalty proceeding in which the | ||||||
15 | State
is already a party.
| ||||||
16 | (4)(A) The court shall dismiss an action or claim | ||||||
17 | under this Section, unless opposed by the State, if | ||||||
18 | substantially the same allegations or transactions as | ||||||
19 | alleged in the action or claim were publicly disclosed: | ||||||
20 | (i) in a
criminal, civil, or administrative | ||||||
21 | hearing in which the State or its agent is a party; | ||||||
22 | (ii) in a State legislative, State
Auditor | ||||||
23 | General, or other State report, hearing, audit, or
| ||||||
24 | investigation; or | ||||||
25 | (iii) from the news media, | ||||||
26 | unless the action is brought by the
Attorney General or |
| |||||||
| |||||||
1 | the person bringing the action is an original source of
| ||||||
2 | the information.
| ||||||
3 | (B) For purposes of this paragraph (4), "original | ||||||
4 | source" means an
individual who either (i) prior to a | ||||||
5 | public disclosure under subparagraph (A) of this paragraph | ||||||
6 | (4), has voluntarily disclosed to the State the | ||||||
7 | information on which allegations or transactions in a | ||||||
8 | claim are based, or (ii) has knowledge that is independent | ||||||
9 | of and materially adds to the publicly disclosed | ||||||
10 | allegations or transactions, and who has voluntarily | ||||||
11 | provided the
information to the State before filing an | ||||||
12 | action under this Section.
| ||||||
13 | (f) State not liable for certain expenses. The State is | ||||||
14 | not liable for
expenses which a person incurs in bringing an | ||||||
15 | action under this Section.
| ||||||
16 | (g) Relief from retaliatory actions. | ||||||
17 | (1) In general, any employee, contractor, or agent | ||||||
18 | shall be entitled to all relief necessary to make that | ||||||
19 | employee, contractor, or agent whole, if that employee, | ||||||
20 | contractor, or agent is discharged, demoted, suspended, | ||||||
21 | threatened,
harassed, or in any other manner discriminated | ||||||
22 | against in the terms and
conditions of employment because | ||||||
23 | of lawful acts done
by the employee, contractor, agent, or | ||||||
24 | associated others in furtherance of an action under this | ||||||
25 | Section or other efforts to stop one or more violations of | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | (2) Relief under paragraph (1) shall include | ||||||
2 | reinstatement with the same seniority status that the | ||||||
3 | employee, contractor, or agent
would have had but for the | ||||||
4 | discrimination, 2 times the amount of back pay,
interest | ||||||
5 | on the back pay, and compensation for any special damages | ||||||
6 | sustained
as a result of the discrimination, including | ||||||
7 | litigation costs and
reasonable attorneys' fees. An action | ||||||
8 | under this subsection (g) may be brought in the
| ||||||
9 | appropriate circuit court for the relief provided in this | ||||||
10 | subsection (g). | ||||||
11 | (3) A civil action under this subsection may not be | ||||||
12 | brought more than 3 years after the date when the | ||||||
13 | retaliation occurred.
| ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
15 | (740 ILCS 175/6) (from Ch. 127, par. 4106)
| ||||||
16 | Sec. 6. Subpoenas.
| ||||||
17 | (a) In general.
| ||||||
18 | (1) Issuance and service. Whenever the Attorney
| ||||||
19 | General , or a designee (for purposes of this Section), has | ||||||
20 | reason to believe that any person may be in possession,
| ||||||
21 | custody, or control of any documentary material or | ||||||
22 | information relevant to
an investigation, the Attorney | ||||||
23 | General , or a designee, may, before commencing a civil
| ||||||
24 | proceeding under this Act or making an election under | ||||||
25 | paragraph (4) of subsection (b) of Section 4, issue in |
| |||||||
| |||||||
1 | writing and cause to be served upon
such person, a | ||||||
2 | subpoena requiring such
person:
| ||||||
3 | (A) to produce such documentary material for | ||||||
4 | inspection and copying,
| ||||||
5 | (B) to answer, in writing, written interrogatories | ||||||
6 | with respect to such
documentary material or | ||||||
7 | information,
| ||||||
8 | (C) to give oral testimony concerning such | ||||||
9 | documentary material
or information, or
| ||||||
10 | (D) to furnish any combination of such material, | ||||||
11 | answers, or testimony.
| ||||||
12 | The Attorney General may delegate the authority to issue
| ||||||
13 | subpoenas under this subsection (a) to the Department of | ||||||
14 | State
Police subject to conditions as the Attorney General | ||||||
15 | deems appropriate .
Whenever a subpoena is an express | ||||||
16 | demand for
any
product of discovery, the Attorney General | ||||||
17 | or his or her delegate shall cause to be served,
in any | ||||||
18 | manner authorized by this Section, a copy of such demand | ||||||
19 | upon the
person from whom the discovery was obtained and | ||||||
20 | shall notify the person to
whom such demand is issued of | ||||||
21 | the date on which such copy was served. Any information | ||||||
22 | obtained by the Attorney General or a designee under this | ||||||
23 | Section may be shared with any qui tam relator if the | ||||||
24 | Attorney General or designee determines it necessary as | ||||||
25 | part of any False Claims Act investigation.
| ||||||
26 | (1.5) Where a subpoena requires the production of |
| |||||||
| |||||||
1 | documentary material, the respondent shall produce the | ||||||
2 | original of the documentary material, provided, however, | ||||||
3 | that the Attorney General , or a designee, may agree that | ||||||
4 | copies may be substituted for the originals. All | ||||||
5 | documentary material kept or stored in electronic form, | ||||||
6 | including electronic mail, shall be produced in native | ||||||
7 | format, as kept in the normal course of business, or as | ||||||
8 | otherwise directed by the Attorney General or designee . | ||||||
9 | The production of documentary material shall be made at | ||||||
10 | the respondent's expense.
| ||||||
11 | (2) Contents and deadlines. Each subpoena
issued under | ||||||
12 | paragraph (1):
| ||||||
13 | (A) Shall state the nature of the conduct | ||||||
14 | constituting an alleged
violation that is under | ||||||
15 | investigation and the applicable provision of
law | ||||||
16 | alleged to be violated.
| ||||||
17 | (B) Shall identify the individual causing the | ||||||
18 | subpoena to be
served and to whom communications | ||||||
19 | regarding the subpoena should be
directed.
| ||||||
20 | (C) Shall state the date, place, and time at which | ||||||
21 | the person is
required to appear, produce written | ||||||
22 | answers to interrogatories, produce
documentary | ||||||
23 | material or give oral testimony. The date shall not be
| ||||||
24 | less than 10 days from the date of service of the | ||||||
25 | subpoena. Compliance
with the subpoena shall be at the | ||||||
26 | Office of the Attorney General in
either the |
| |||||||
| |||||||
1 | Springfield or Chicago location or at other location | ||||||
2 | by
agreement.
| ||||||
3 | (D) If the subpoena is for documentary material or | ||||||
4 | interrogatories,
shall
describe the documents or | ||||||
5 | information requested with specificity.
| ||||||
6 | (E) Shall notify the person of the right to be | ||||||
7 | assisted by
counsel.
| ||||||
8 | (F) Shall advise that the person has 20 days from | ||||||
9 | the date of
service or up until the return date | ||||||
10 | specified in the demand, whichever
date is earlier, to | ||||||
11 | move, modify, or set aside the subpoena pursuant to
| ||||||
12 | subparagraph (j)(2)(A) of this Section.
| ||||||
13 | (b) Protected material or information.
| ||||||
14 | (1) In general. A subpoena issued
under subsection
(a) | ||||||
15 | may not require the production of any documentary | ||||||
16 | material, the
submission of any answers to written | ||||||
17 | interrogatories, or the giving of any
oral testimony if | ||||||
18 | such material, answers, or testimony would be protected
| ||||||
19 | from disclosure under:
| ||||||
20 | (A) the standards applicable to subpoenas or | ||||||
21 | subpoenas duces tecum
issued by a court of this State | ||||||
22 | to aid in a grand jury
investigation; or
| ||||||
23 | (B) the standards applicable to discovery requests | ||||||
24 | under the Code of
Civil Procedure, to the extent that | ||||||
25 | the application of such standards to
any such subpoena | ||||||
26 | is appropriate and consistent with the
provisions and
|
| |||||||
| |||||||
1 | purposes of this Section.
| ||||||
2 | (2) Effect on other orders, rules, and laws. Any such | ||||||
3 | subpoena which is
an express demand for any product of | ||||||
4 | discovery supersedes any inconsistent
order, rule, or | ||||||
5 | provision of law (other than this Section) preventing or
| ||||||
6 | restraining disclosure of such product of discovery to any | ||||||
7 | person.
Disclosure of any product of discovery pursuant to | ||||||
8 | any such
subpoena
does not constitute a waiver of any | ||||||
9 | right or privilege which the person
making such disclosure | ||||||
10 | may be entitled to invoke to resist
discovery of trial | ||||||
11 | preparation materials.
| ||||||
12 | (c) Service in general. Any
subpoena issued under
| ||||||
13 | subsection (a) may be served by any person so authorized by the | ||||||
14 | Attorney
General or by any person authorized
to serve process | ||||||
15 | on individuals within Illinois, through any method
prescribed | ||||||
16 | in the Code of Civil Procedure or as otherwise set forth in | ||||||
17 | this
Act.
| ||||||
18 | (d) Service upon legal entities and natural persons.
| ||||||
19 | (1) Legal entities. Service of any subpoena issued
| ||||||
20 | under subsection (a) or of any petition filed under | ||||||
21 | subsection (j) may be
made upon a partnership, | ||||||
22 | corporation, association, or other legal entity by:
| ||||||
23 | (A) delivering an executed copy of such subpoena | ||||||
24 | or
petition to any
partner, executive officer, | ||||||
25 | managing agent, general agent, or registered
agent of | ||||||
26 | the partnership, corporation, association or entity;
|
| |||||||
| |||||||
1 | (B) delivering an executed copy of such subpoena | ||||||
2 | or
petition to the
principal office or place of | ||||||
3 | business of the partnership, corporation,
association, | ||||||
4 | or entity; or
| ||||||
5 | (C) depositing an executed copy of such subpoena | ||||||
6 | or
petition in the
United States mails by registered | ||||||
7 | or certified mail, with a return receipt
requested, | ||||||
8 | addressed to such partnership, corporation, | ||||||
9 | association, or
entity as its principal office or | ||||||
10 | place of business.
| ||||||
11 | (2) Natural person. Service of any such subpoena or
| ||||||
12 | petition may be made
upon any natural person by:
| ||||||
13 | (A) delivering an executed copy of such subpoena | ||||||
14 | or
petition to the
person; or
| ||||||
15 | (B) depositing an executed copy of such subpoena | ||||||
16 | or
petition in the
United States mails by registered | ||||||
17 | or certified mail, with a return receipt
requested, | ||||||
18 | addressed to the person at the person's residence or | ||||||
19 | principal
office or place of business.
| ||||||
20 | (e) Proof of service. A verified return by the individual | ||||||
21 | serving any
subpoena issued under subsection (a) or any
| ||||||
22 | petition
filed under subsection (j) setting forth the manner | ||||||
23 | of such service shall
be proof of such service. In the case of | ||||||
24 | service by registered or certified
mail, such return shall be | ||||||
25 | accompanied by the return post office receipt of
delivery of | ||||||
26 | such subpoena.
|
| |||||||
| |||||||
1 | (f) Documentary material.
| ||||||
2 | (1) Sworn certificates. The production of documentary | ||||||
3 | material in
response to a subpoena served under this
| ||||||
4 | Section shall be
made under a sworn certificate, in such | ||||||
5 | form as the subpoena
designates, by:
| ||||||
6 | (A) in the case of a natural person, the person to | ||||||
7 | whom the subpoena is
directed, or
| ||||||
8 | (B) in the case of a person other than a natural | ||||||
9 | person, a person
having knowledge of the facts and | ||||||
10 | circumstances relating to such
production and | ||||||
11 | authorized to act on behalf of such person.
| ||||||
12 | The certificate shall state that all of the documentary | ||||||
13 | material required
by the demand and in the possession, | ||||||
14 | custody, or control of the person to
whom the subpoena is | ||||||
15 | directed has been produced and made
available to the
| ||||||
16 | Attorney General.
| ||||||
17 | (2) Production of materials. Any person upon whom any | ||||||
18 | subpoena for the production of documentary material has | ||||||
19 | been
served under this Section shall make such material | ||||||
20 | available for inspection
and copying to the Attorney | ||||||
21 | General at
the place designated in the subpoena, or at | ||||||
22 | such other place as the
Attorney General and the person | ||||||
23 | thereafter may agree and
prescribe in writing,
or as the | ||||||
24 | court may direct under subsection (j)(1). Such material | ||||||
25 | shall be
made so available on the return date specified in | ||||||
26 | such subpoena,
or on such
later date as the Attorney |
| |||||||
| |||||||
1 | General may prescribe in
writing. Such person may,
upon | ||||||
2 | written agreement between the person and the Attorney | ||||||
3 | General, substitute
copies for originals of all or any | ||||||
4 | part of such material.
| ||||||
5 | (g) Interrogatories. Each interrogatory in a subpoena
| ||||||
6 | served under this Section shall be answered separately and | ||||||
7 | fully in writing
under oath and shall be submitted under a | ||||||
8 | sworn certificate, in such form
as the subpoena designates by:
| ||||||
9 | (1) in the case of a natural person, the person to whom | ||||||
10 | the subpoena is
directed, or
| ||||||
11 | (2) in the case of a person other than a natural | ||||||
12 | person, the person or
persons responsible for answering | ||||||
13 | each interrogatory.
| ||||||
14 | If any interrogatory is objected to, the reasons for the | ||||||
15 | objection shall
be stated in the certificate instead of an | ||||||
16 | answer. The certificate shall state
that all information | ||||||
17 | required by the subpoena and in the
possession, custody,
| ||||||
18 | control, or knowledge of the person to whom the demand is | ||||||
19 | directed has been
submitted. To the extent that any | ||||||
20 | information is not furnished, the
information shall be | ||||||
21 | identified and reasons set forth with particularity
regarding | ||||||
22 | the reasons why the information was not furnished.
| ||||||
23 | (h) Oral examinations.
| ||||||
24 | (1) Procedures. The examination of any person pursuant | ||||||
25 | to a subpoena for oral testimony served under this Section | ||||||
26 | shall be
taken before an officer authorized to administer |
| |||||||
| |||||||
1 | oaths and affirmations by
the laws of this State or of the | ||||||
2 | place where the examination is held. The
officer before | ||||||
3 | whom the testimony is to be taken shall put the witness on
| ||||||
4 | oath or affirmation and shall, personally or by someone | ||||||
5 | acting under the
direction of the officer and in the | ||||||
6 | officer's presence, record the testimony
of the witness. | ||||||
7 | The testimony shall be taken stenographically and shall be
| ||||||
8 | transcribed. When the testimony is fully transcribed, the | ||||||
9 | officer before
whom the testimony is taken shall promptly | ||||||
10 | transmit a certified copy of the
transcript of the | ||||||
11 | testimony in accordance with the instructions of the
| ||||||
12 | Attorney General. This subsection shall not
preclude the | ||||||
13 | taking of testimony by any means authorized by, and in a
| ||||||
14 | manner consistent with, the Code of Civil Procedure.
| ||||||
15 | (2) Persons present. The investigator conducting the | ||||||
16 | examination shall
exclude from the place where the | ||||||
17 | examination is held all persons except the
person giving | ||||||
18 | the testimony, the attorney for and any other | ||||||
19 | representative of
the person giving the testimony, the | ||||||
20 | attorney for the State, any person who may
be agreed upon | ||||||
21 | by the attorney for the State and the person giving the
| ||||||
22 | testimony, the officer before whom the testimony is to be | ||||||
23 | taken, and any
stenographer taking such testimony.
| ||||||
24 | (3) Where testimony taken. The oral testimony of any | ||||||
25 | person taken
pursuant to a subpoena served under this
| ||||||
26 | Section shall be
taken in the county within which such |
| |||||||
| |||||||
1 | person resides, is found, or transacts
business, or in | ||||||
2 | such other place as may be
agreed upon by the
Attorney | ||||||
3 | General and such
person.
| ||||||
4 | (4) Transcript of testimony. When the testimony is | ||||||
5 | fully transcribed,
the Attorney General or the officer | ||||||
6 | before whom the
testimony is taken shall
afford the | ||||||
7 | witness, who may be accompanied by counsel, a reasonable
| ||||||
8 | opportunity to review and correct the transcript, in
| ||||||
9 | accordance with the rules applicable to deposition | ||||||
10 | witnesses in
civil cases. Upon payment of reasonable | ||||||
11 | charges, the Attorney General
shall furnish a copy of the | ||||||
12 | transcript to the witness, except that the
Attorney | ||||||
13 | General may, for good cause, limit the witness to | ||||||
14 | inspection
of the official transcript of the witness' | ||||||
15 | testimony.
| ||||||
16 | (5) Conduct of oral testimony.
| ||||||
17 | (A) Any person compelled to appear for oral | ||||||
18 | testimony under a
subpoena issued under subsection (a) | ||||||
19 | may be accompanied,
represented, and advised by | ||||||
20 | counsel, who may raise objections based on
matters of | ||||||
21 | privilege in accordance with the rules applicable to | ||||||
22 | depositions in
civil cases. If such person refuses
to | ||||||
23 | answer any question, a petition may be filed in | ||||||
24 | circuit court under
subsection (j)(1) for an order | ||||||
25 | compelling such person to answer such question.
| ||||||
26 | (B) If such person refuses any question on the |
| |||||||
| |||||||
1 | grounds of the
privilege against self-incrimination, | ||||||
2 | the testimony of such person may be
compelled in | ||||||
3 | accordance with Article 106 of the Code of Criminal | ||||||
4 | Procedure of
1963.
| ||||||
5 | (6) Witness fees and allowances. Any person appearing | ||||||
6 | for oral
testimony under a subpoena issued under
| ||||||
7 | subsection (a)
shall be entitled to the same fees and | ||||||
8 | allowances which are paid to
witnesses in the circuit | ||||||
9 | court.
| ||||||
10 | (i) Custodians of documents, answers, and transcripts.
| ||||||
11 | (1) Designation. The Attorney General or his or her | ||||||
12 | delegate shall serve as custodian of documentary material, | ||||||
13 | answers to
interrogatories, and transcripts of oral | ||||||
14 | testimony received under this
Section.
| ||||||
15 | (2) Except as otherwise provided in this Section, no
| ||||||
16 | documentary
material, answers to interrogatories, or | ||||||
17 | transcripts of oral testimony, or
copies thereof, while in | ||||||
18 | the possession of the custodian, shall be
available for | ||||||
19 | examination by any individual, except as determined | ||||||
20 | necessary
by
the Attorney General and subject to the | ||||||
21 | conditions imposed by him or her for
effective enforcement | ||||||
22 | of the laws of this State, or as otherwise provided by
| ||||||
23 | court order.
| ||||||
24 | (3) Conditions for return of material. If any | ||||||
25 | documentary
material has
been produced by any person in | ||||||
26 | the course of any investigation pursuant to
a subpoena |
| |||||||
| |||||||
1 | under this Section and:
| ||||||
2 | (A) any case or proceeding before the court or | ||||||
3 | grand jury arising out of
such investigation, or any | ||||||
4 | proceeding before any State agency involving
such | ||||||
5 | material, has been completed, or
| ||||||
6 | (B) no case or proceeding in which such material | ||||||
7 | may be used has been
commenced within a reasonable | ||||||
8 | time after completion of the examination and
analysis | ||||||
9 | of all documentary material and other information | ||||||
10 | assembled in the
course of such investigation,
| ||||||
11 | the custodian shall, upon written request of the person | ||||||
12 | who produced such
material, return to such person any such | ||||||
13 | material which has not passed into the
control of any | ||||||
14 | court, grand jury, or agency through introduction into the
| ||||||
15 | record of such case or proceeding.
| ||||||
16 | (j) Judicial proceedings.
| ||||||
17 | (1) Petition for enforcement. Whenever any
person | ||||||
18 | fails to comply with any subpoena
issued under
subsection | ||||||
19 | (a), or whenever satisfactory copying or reproduction of | ||||||
20 | any
material requested in such demand cannot be done and | ||||||
21 | such person refuses to
surrender such material, the | ||||||
22 | Attorney General may file, in the circuit
court of any | ||||||
23 | county in which such person resides, is found, or | ||||||
24 | transacts
business, or the circuit court of the county in | ||||||
25 | which an action filed
pursuant to Section 4 of this Act is | ||||||
26 | pending if the action relates to the
subject matter of the |
| |||||||
| |||||||
1 | subpoena and serve upon such person a petition for an
| ||||||
2 | order of such court
for the enforcement of the subpoena.
| ||||||
3 | (2) Petition to modify or set aside subpoena.
| ||||||
4 | (A) Any person who has
received a subpoena issued | ||||||
5 | under subsection
(a) may
file, in the circuit court of | ||||||
6 | any county within which such person resides,
is found, | ||||||
7 | or transacts business, and serve upon the Attorney | ||||||
8 | General a petition for an order of the court to modify | ||||||
9 | or set aside
such subpoena. In the case of a petition | ||||||
10 | addressed to an express
demand for
any product of | ||||||
11 | discovery, a petition to modify or set aside such | ||||||
12 | demand
may be brought only in the circuit court of the | ||||||
13 | county in which the
proceeding in which such discovery | ||||||
14 | was obtained is or was last pending. Any
petition | ||||||
15 | under this subparagraph (A) must be filed:
| ||||||
16 | (i) within 20 days after the date of service | ||||||
17 | of the subpoena, or at any time before the return | ||||||
18 | date specified in
the subpoena, whichever date is | ||||||
19 | earlier, or
| ||||||
20 | (ii) within such longer period as may be | ||||||
21 | prescribed in writing by
the Attorney General.
| ||||||
22 | (B) The petition shall specify each ground upon | ||||||
23 | which the petitioner
relies in seeking relief under | ||||||
24 | subparagraph (A), and may be based upon any
failure of | ||||||
25 | the subpoena to comply with the provisions of this
| ||||||
26 | Section or upon
any constitutional or other legal |
| |||||||
| |||||||
1 | right or privilege of such person. During
the pendency | ||||||
2 | of the petition in the court, the court may stay, as it | ||||||
3 | deems
proper, the running of the time allowed for | ||||||
4 | compliance with the subpoena, in
whole or in part, | ||||||
5 | except that the person filing the petition shall | ||||||
6 | comply
with any portion of the subpoena not sought to | ||||||
7 | be modified or
set aside.
| ||||||
8 | (3) Petition to modify or set aside demand for product | ||||||
9 | of
discovery. In the case of any subpoena issued under
| ||||||
10 | subsection (a)
which is an express demand for any product | ||||||
11 | of discovery, the person from
whom such discovery was | ||||||
12 | obtained may file, in the circuit court of the
county in | ||||||
13 | which the proceeding in which such discovery was obtained | ||||||
14 | is or
was last pending, a petition for an order of such | ||||||
15 | court
to modify or set aside those portions of the | ||||||
16 | subpoena requiring
production of
any such product of | ||||||
17 | discovery, subject to the same terms, conditions, and
| ||||||
18 | limitations set forth in subparagraph (j)(2) of this | ||||||
19 | Section.
| ||||||
20 | (4) Jurisdiction. Whenever any petition is filed in | ||||||
21 | any
circuit court
under this subsection (j), such court | ||||||
22 | shall have jurisdiction to hear and
determine the matter | ||||||
23 | so presented, and to enter such orders as may
be required | ||||||
24 | to carry out the provisions of this Section. Any final | ||||||
25 | order so
entered shall be subject to appeal in the same | ||||||
26 | manner as appeals of other
final orders in civil matters. |
| |||||||
| |||||||
1 | Any disobedience of any final order entered
under this | ||||||
2 | Section by any court shall be punished as a contempt of the | ||||||
3 | court.
| ||||||
4 | (k) Disclosure exemption. Any documentary material, | ||||||
5 | answers to written
interrogatories, or oral testimony provided | ||||||
6 | under any subpoena issued under subsection (a) shall be exempt | ||||||
7 | from disclosure under
the Illinois Administrative Procedure | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 96-1304, eff. 7-27-10.)
| ||||||
10 | (740 ILCS 175/8) (from Ch. 127, par. 4108)
| ||||||
11 | Sec. 8. Funds; Grants.
| ||||||
12 | (a) There is hereby created the State Whistleblower Reward | ||||||
13 | and Protection
Fund to be held outside of the State Treasury | ||||||
14 | with the State Treasurer as custodian. All proceeds of an | ||||||
15 | action or
settlement of a claim brought under this Act shall be | ||||||
16 | deposited in the Fund. Any attorneys' fees, expenses, and | ||||||
17 | costs paid by or awarded against any defendant pursuant to | ||||||
18 | Section 4 of this Act shall not be considered part of the | ||||||
19 | proceeds to be deposited in the Fund.
| ||||||
20 | (b) For all cases settled before October 1, 2023, monies | ||||||
21 | Monies in the Fund shall be allocated as
follows: One-sixth of | ||||||
22 | the monies shall be paid to the Attorney General Whistleblower | ||||||
23 | Reward and Protection Fund, which is hereby created as a | ||||||
24 | special fund in the State Treasury, and
one-sixth of the | ||||||
25 | monies shall be paid to the State Police Whistleblower Reward |
| |||||||
| |||||||
1 | and Protection Fund, which is hereby created as a special fund | ||||||
2 | in the State Treasury, for
State law enforcement purposes. The | ||||||
3 | remaining two-thirds of the monies in
the Fund shall be used | ||||||
4 | for payment of awards to Qui Tam
plaintiffs and as otherwise | ||||||
5 | specified in
this Act, with any remainder to the General | ||||||
6 | Revenue Fund. The Attorney General shall direct the State | ||||||
7 | Treasurer to make
disbursement of funds.
| ||||||
8 | (c) For all cases settled on or after October 1, 2023, | ||||||
9 | monies in the Fund shall be allocated as
follows: One-third of | ||||||
10 | the monies shall be paid to the Attorney General Whistleblower | ||||||
11 | Reward and Protection Fund. The remaining two-thirds of the | ||||||
12 | monies in
the Fund shall be used for payment of awards to Qui | ||||||
13 | Tam
plaintiffs and as otherwise specified in
this Act, with | ||||||
14 | any remainder to the General Revenue Fund. The Attorney | ||||||
15 | General shall direct the State Treasurer to make
disbursement | ||||||
16 | of funds. | ||||||
17 | (Source: P.A. 101-148, eff. 7-26-19.)
|