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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5-87. The Whistleblower Reward and Protection Act | ||||||
5 | is amended by changing Section 3 as follows:
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6 | (740 ILCS 175/3) (from Ch. 127, par. 4103)
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7 | Sec. 3. False claims.
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8 | (a) Liability for certain acts. Any person who:
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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;
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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;
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15 | (3) conspires to defraud the State by getting a false | ||||||
16 | or fraudulent
claim allowed or paid;
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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;
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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;
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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
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32 | (7) knowingly makes, uses, or causes to be made or |
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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,
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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
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9 | action brought to recover any such penalty or damages.
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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:
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13 | (1) has actual knowledge of the information;
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14 | (2) acts in deliberate ignorance of the truth or | ||||||
15 | falsity of the
information; or
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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.
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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
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25 | recipient for any portion of the money or property which is | ||||||
26 | requested
or demanded.
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27 | (d) Exclusion. This Section does not apply to claims, | ||||||
28 | records, or
statements made under the Illinois Income Tax Act.
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29 | (Source: P.A. 87-662.)
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30 | Section 99. Effective date. This Act takes effect upon | ||||||
31 | becoming law.
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