SB0630 Enrolled

LRB094 04370 RCE 34399 b






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    AN ACT concerning State government.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 

 
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    Section 5-87. The Whistleblower Reward and Protection Act 
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is amended  by changing Section 3 as follows:
 



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    (740 ILCS 175/3)  (from Ch. 127, par. 4103)


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    Sec. 3. False claims. 

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    (a) Liability for certain acts. Any person who:


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        (1) knowingly presents, or causes to be presented, to 
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    an officer or
employee of the State or a member of the 
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    Guard a false or fraudulent claim
for payment or approval;


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        (2) knowingly makes, uses, or causes to be made or 
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    used, a false record
or statement to get a false or 
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    fraudulent claim paid or approved by the State;


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        (3) conspires to defraud the State by getting a false 
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    or fraudulent
claim allowed or paid;


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        (4) has possession, custody, or control of property or 
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    money used, or to
be used, by the State and, intending to 
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    defraud the State or willfully to
conceal the property, 
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    delivers, or causes to be delivered, less property
than the 
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    amount for which the person receives a certificate or 
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    receipt;


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        (5) authorized to make or deliver a document certifying 
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    receipt of
property used, or to be used, by the State and, 
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    intending to defraud the
State, makes or delivers the 
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    receipt without completely knowing that the
information on 
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    the receipt is true;


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        (6) knowingly buys, or receives as a pledge of an 
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    obligation or debt,
public property from an officer or 
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    employee of the State, or a member of
the Guard, who 
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    lawfully may not sell or pledge the property; or


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        (7) knowingly makes, uses, or causes to be made or 
 


 






SB0630 Enrolled
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LRB094 04370 RCE 34399 b




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    used, a false record
or statement to conceal, avoid or 
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    decrease an obligation to pay or transmit
money or property 
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    to the State,

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is liable to the State for a civil penalty of not less than 
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$5,500
$5,000 and not
more than $11,000
$10,000, plus 3 times 
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the amount of damages which the State
sustains because of the 
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act of that person. A person violating
this subsection (a) 
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shall also be liable to the State for the costs of a civil

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action brought to recover any such penalty or damages.

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    (b) Knowing and knowingly defined.  As used in this Section, 
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the terms
"knowing" and "knowingly" mean that a person, with 
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respect to information:


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        (1) has actual knowledge of the information;


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        (2) acts in deliberate ignorance of the truth or 
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    falsity of the
information; or


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        (3) acts in reckless disregard of the truth or falsity 
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    of the
information, and no proof of specific intent to 
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    defraud is required.

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    (c) Claim defined.  As used in this Section, "claim" 
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includes any
request or demand, whether under a contract or 
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otherwise, for money or
property which is made to a contractor, 
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grantee, or other recipient if the
State provides any portion 
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of the money or property which is requested or
demanded, or if 
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the State will reimburse such contractor, grantee, or other

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recipient for any portion of the money or property which is 
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requested
or demanded.

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    (d) Exclusion.  This Section does not apply to claims, 
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records, or
statements made under the Illinois Income Tax Act.

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(Source: P.A. 87-662.)


 

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