SB0630 Enrolled LRB094 04370 RCE 34399 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5-87. The Whistleblower Reward and Protection Act
5 is amended by changing Section 3 as follows:
 
6     (740 ILCS 175/3)  (from Ch. 127, par. 4103)
7     Sec. 3. False claims.
8     (a) Liability for certain acts. Any person who:
9         (1) knowingly presents, or causes to be presented, to
10     an officer or employee of the State or a member of the
11     Guard a false or fraudulent claim for payment or approval;
12         (2) knowingly makes, uses, or causes to be made or
13     used, a false record or statement to get a false or
14     fraudulent claim paid or approved by the State;
15         (3) conspires to defraud the State by getting a false
16     or fraudulent claim allowed or paid;
17         (4) has possession, custody, or control of property or
18     money used, or to be used, by the State and, intending to
19     defraud the State or willfully to conceal the property,
20     delivers, or causes to be delivered, less property than the
21     amount for which the person receives a certificate or
22     receipt;
23         (5) authorized to make or deliver a document certifying
24     receipt of property used, or to be used, by the State and,
25     intending to defraud the State, makes or delivers the
26     receipt without completely knowing that the information on
27     the receipt is true;
28         (6) knowingly buys, or receives as a pledge of an
29     obligation or debt, public property from an officer or
30     employee of the State, or a member of the Guard, who
31     lawfully may not sell or pledge the property; or
32         (7) knowingly makes, uses, or causes to be made or

 

 

SB0630 Enrolled - 2 - LRB094 04370 RCE 34399 b

1     used, a false record or statement to conceal, avoid or
2     decrease an obligation to pay or transmit money or property
3     to the State,
4 is liable to the State for a civil penalty of not less than
5 $5,500 $5,000 and not more than $11,000 $10,000, plus 3 times
6 the amount of damages which the State sustains because of the
7 act of that person. A person violating this subsection (a)
8 shall also be liable to the State for the costs of a civil
9 action brought to recover any such penalty or damages.
10     (b) Knowing and knowingly defined. As used in this Section,
11 the terms "knowing" and "knowingly" mean that a person, with
12 respect to information:
13         (1) has actual knowledge of the information;
14         (2) acts in deliberate ignorance of the truth or
15     falsity of the information; or
16         (3) acts in reckless disregard of the truth or falsity
17     of the information, and no proof of specific intent to
18     defraud is required.
19     (c) Claim defined. As used in this Section, "claim"
20 includes any request or demand, whether under a contract or
21 otherwise, for money or property which is made to a contractor,
22 grantee, or other recipient if the State provides any portion
23 of the money or property which is requested or demanded, or if
24 the State will reimburse such contractor, grantee, or other
25 recipient for any portion of the money or property which is
26 requested or demanded.
27     (d) Exclusion. This Section does not apply to claims,
28 records, or statements made under the Illinois Income Tax Act.
29 (Source: P.A. 87-662.)
 
30     Section 99. Effective date. This Act takes effect upon
31 becoming law.