HB5049 EngrossedLRB102 22605 KTG 31748 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Attorney General Act is amended by adding
5Section 6.7 as follows:
6    (15 ILCS 205/6.7 new)
7    Sec. 6.7. Medicaid Fraud Control Unit.
8    (a) Transfer of functions and powers. On October 1, 2023,
9all functions performed by the Medicaid Fraud Control Unit
10within the Illinois State Police, together with all of the
11powers, duties, rights, and responsibilities of the Medicaid
12Fraud Control Unit relating to those functions, are
13transferred from the Illinois State Police to the Office of
14the Attorney General.
15    The Illinois State Police and the Office of the Attorney
16General shall cooperate to ensure that the transfer of
17functions is completed.
18    (b) Effect of transfer. Neither the functions of the
19Medicaid Fraud Control Unit, nor the powers, duties, rights,
20and responsibilities relating to those functions, that are
21transferred from the Illinois State Police to the Office of
22the Attorney General under this Section are affected by this
23amendatory Act of the 102nd General Assembly, except that all



HB5049 Engrossed- 2 -LRB102 22605 KTG 31748 b

1such functions, powers, duties, rights, and responsibilities
2shall be performed or exercised within the Office of the
3Attorney General on and after October 1, 2023.
4    (c) Personnel transferred. The status and rights of the
5employees in the Illinois State Police engaged in the
6performance of functions relating to the Medicaid Fraud
7Control Unit shall not be affected by the transfer of those
8functions from the Illinois State Police to the Office of the
9Attorney General under this Section. The rights of those
10employees as derived from the State of Illinois and its
11agencies under the Personnel Code, the applicable collective
12bargaining agreements, or any pension, retirement, or annuity
13plan shall not be affected by this Section.
14    (d) Books and records transferred. All books, records,
15papers, documents, contracts, and pending business pertaining
16to the Medicaid Fraud Control Unit within the Illinois State
17Police, including, but not limited to, material in electronic
18or magnetic format, shall be transferred to the Office of the
19Attorney General. The transfer of that information shall not,
20however, violate any applicable confidentiality constraints.
21    (e) Unexpended moneys transferred. All unexpended
22appropriation balances and other funds otherwise available to
23the Illinois State Police for use in connection with the
24Medicaid Fraud Control Unit shall be transferred and made
25available to the Office of the Attorney General for use in
26connection with the Medicaid Fraud Control Unit.



HB5049 Engrossed- 3 -LRB102 22605 KTG 31748 b

1    (f) Exercise of transferred powers; savings provisions.
2The powers, duties, rights, and responsibilities relating to
3the Medicaid Fraud Control Unit transferred from the Illinois
4State Police to the Office of the Attorney General under this
5Section are vested in and shall be exercised by the Office of
6the Attorney General. Each act done in exercise of those
7powers, duties, rights, and responsibilities shall have the
8same legal effect as if done by the Illinois State Police or
9its divisions, officers, or employees.
10    (g) Officers and others; duties; penalties. Every
11employee, agent, or officer of the Office of the Attorney
12General is subject to the same obligations and duties, and has
13the same rights, as are prescribed by law in connection with
14the exercise of any power, duty, right, or responsibility
15transferred under this Section.
16    Every employee, agent, or officer of the Office of the
17Attorney General is subject to the same penalty or penalties,
18civil or criminal, as are prescribed by law for the same
19offense by any employee, agent, or officer whose powers,
20duties, rights, or responsibilities are transferred under this
22    (h) Reports, notices, or papers. Whenever reports or
23notices are required to be made or given or papers or documents
24furnished or served by any person to or upon the Illinois State
25Police in connection with any of the functions relating to the
26Medicaid Fraud Control Unit, the same shall be made, given,



HB5049 Engrossed- 4 -LRB102 22605 KTG 31748 b

1furnished, or served in the same manner to or upon the Office
2of the Attorney General.
3    (i) Acts and actions unaffected by transfer. This Section
4does not affect any act completed, ratified, or canceled, or
5any right occurring or established, before October 1, 2023 in
6connection with any function transferred under this Section.
7This Section does not affect any action or proceeding had or
8commenced before October 1, 2023 in an administrative, civil,
9or criminal cause regarding any function transferred under
10this Section, but any such action or proceeding may be
11continued by the Office of the Attorney General.
12    (j) For the purposes of the Successor Agency Act, the
13Office of the Attorney General is declared to be the successor
14agency of the Illinois State Police, but only with respect to
15the functions that are transferred to the Office of the
16Attorney General under this Section.
17    Section 10. The Illinois Act on the Aging is amended by
18changing Section 4.04a as follows:
19    (20 ILCS 105/4.04a)
20    Sec. 4.04a. Illinois Long-Term Care Council.
21    (a) Purpose. The purpose of this Section is to ensure that
22consumers over the age of 60 residing in facilities licensed
23or regulated under the Nursing Home Care Act, Skilled Nursing
24and Intermediate Care Facilities Code, Sheltered Care



HB5049 Engrossed- 5 -LRB102 22605 KTG 31748 b

1Facilities Code, and the Illinois Veterans' Homes Code receive
2high quality long-term care through an effective Illinois
3Long-Term Care Council.
4    (b) Maintenance and operation of the Illinois Long-Term
5Care Council.
6        (1) The Department shall develop a fair and impartial
7    process for recruiting and receiving nominations for
8    members for the Illinois Long-Term Care Council from the
9    State Long-Term Care Ombudsman, the area agencies on
10    aging, regional ombudsman programs, provider agencies, and
11    other public agencies, using a nomination form provided by
12    the Department.
13        (2) The Department shall appoint members to the
14    Illinois Long-Term Care Council in a timely manner.
15        (3) The Department shall consider and act in good
16    faith regarding the Illinois Long-Term Care Council's
17    annual report and its recommendations.
18        (4) The Director shall appoint to the Illinois
19    Long-Term Care Council at least 18 but not more than 25
20    members.
21    (c) Responsibilities of the State Long-Term Care
22Ombudsman, area agencies on aging, regional long-term care
23ombudsman programs, and provider agencies. The State Long-Term
24Care Ombudsman and each area agency on aging, regional
25long-term care ombudsman program, and provider agency shall
26solicit names and recommend members to the Department for



HB5049 Engrossed- 6 -LRB102 22605 KTG 31748 b

1appointment to the Illinois Long-Term Care Council.
2    (d) Powers and duties. The Illinois Long-Term Care Council
3shall do the following:
4        (1) Make recommendations and comment on issues
5    pertaining to long-term care and the State Long-Term Care
6    Ombudsman Program to the Department.
7        (2) Advise the Department on matters pertaining to the
8    quality of life and quality of care in the continuum of
9    long-term care.
10        (3) Evaluate, comment on reports regarding, and make
11    recommendations on, the quality of life and quality of
12    care in long-term care facilities and on the duties and
13    responsibilities of the State Long-Term Care Ombudsman
14    Program.
15        (4) Prepare and circulate an annual report to the
16    Governor, the General Assembly, and other interested
17    parties concerning the duties and accomplishments of the
18    Illinois Long-Term Care Council and all other related
19    matters pertaining to long-term care and the protection of
20    residents' rights.
21        (5) Provide an opportunity for public input at each
22    scheduled meeting.
23        (6) Make recommendations to the Director, upon his or
24    her request, as to individuals who are capable of serving
25    as the State Long-Term Care Ombudsman and who should make
26    appropriate application for that position should it become



HB5049 Engrossed- 7 -LRB102 22605 KTG 31748 b

1    vacant.
2    (e) Composition and operation. The Illinois Long-Term Care
3Council shall be composed of at least 18 but not more than 25
4members concerned about the quality of life in long-term care
5facilities and protecting the rights of residents, including
6members from long-term care facilities. The State Long-Term
7Care Ombudsman shall be a permanent member of the Long-Term
8Care Council. Members shall be appointed for a 4-year term
9with initial appointments staggered with 2-year, 3-year, and
104-year terms. A lottery will determine the terms of office for
11the members of the first term. Members may be reappointed to a
12term but no member may be reappointed to more than 2
13consecutive terms. The Illinois Long-Term Care Council shall
14meet a minimum of 3 times per calendar year.
15    (f) Member requirements. All members shall be individuals
16who have demonstrated concern about the quality of life in
17long-term care facilities. A minimum of 3 members must be
18current or former residents of long-term care facilities or
19the family member of a current or former resident of a
20long-term care facility. A minimum of 2 members shall
21represent current or former long-term care facility resident
22councils or family councils. A minimum of 4 members shall be
23selected from recommendations by organizations whose members
24consist of long-term care facilities. A representative of
25long-term care facility employees must also be included as a
26member. A minimum of 2 members shall be selected from



HB5049 Engrossed- 8 -LRB102 22605 KTG 31748 b

1recommendations of membership-based senior advocacy groups or
2consumer organizations that engage solely in legal
3representation on behalf of residents and immediate families.
4There shall be non-voting State agency members on the
5Long-Term Care Council from the following agencies: (i) the
6Department of Veterans' Affairs; (ii) the Department of Human
7Services; (iii) the Department of Public Health; (iv) the
8Department on Aging; (v) the Department of Healthcare and
9Family Services; (vi) the Office of the Attorney General
10Illinois State Police Medicaid Fraud Control Unit; and (vii)
11others as appropriate.
12(Source: P.A. 95-331, eff. 8-21-07.)
13    Section 15. The Illinois Public Aid Code is amended by
14changing Section 8A-7 as follows:
15    (305 ILCS 5/8A-7)  (from Ch. 23, par. 8A-7)
16    Sec. 8A-7. Civil Remedies. (a) A person who receives
17financial aid by means of a false statement, willful
18misrepresentation or by his failure to notify the county
19department or local governmental unit, as the case may be, of a
20change in his status as required by Sections 11-18 and 11-19,
21for the purpose of preventing the denial, cancellation or
22suspension of his grant, or a variation in the amount thereof,
23or by other fraudulent device, or a person who knowingly aids
24or abets any person in obtaining financial aid for which he is



HB5049 Engrossed- 9 -LRB102 22605 KTG 31748 b

1not eligible, shall be answerable to the county department or
2the local governmental unit, as the case may be, for refunding
3the entire amount of aid received. If the refund is not made,
4it shall be recoverable in a civil action from the person who
5received the aid, or from anyone who willfully aided such
6person to obtain the aid. If an act which would be unlawful
7under Section 8A-2 is proven, the court may as a penalty assess
8an additional sum of money, not to exceed the entire amount of
9aid provided, against the recipient or against any person who
10willfully aided the recipient. If assessed, the penalty shall
11be included in any judgment entered for the aid received, and
12paid to the county department or the local governmental unit,
13as the case may be. Upon entry of the judgment a lien shall
14attach to all property and assets of such person until the
15judgment is satisfied.
16    (b) Any person, firm, corporation, association, agency,
17institution or other legal entity, other than an individual
18recipient, that willfully, by means of a false statement or
19representation, or by concealment of any material fact or by
20other fraudulent scheme or device on behalf of himself or
21others, obtains or attempts to obtain benefits or payments
22under this Code to which he or it is not entitled, or in a
23greater amount than that to which he or it is entitled, shall
24be liable for repayment of any excess benefits or payments
25received and, in addition to any other penalties provided by
26law, civil penalties consisting of (1) the interest on the



HB5049 Engrossed- 10 -LRB102 22605 KTG 31748 b

1amount of excess benefits or payments at the maximum legal
2rate in effect on the date the payment was made to such person,
3firm, corporation, association, agency, institution or other
4legal entity for the period from the date upon which payment
5was made to the date upon which repayment is made to the State,
6(2) an amount not to exceed 3 times the amount of such excess
7benefits or payments, and (3) the sum of $2,000 for each
8excessive claim for benefits or payments. Upon entry of a
9judgment for repayment of any excess benefits or payments, or
10for any civil penalties assessed by the court, a lien shall
11attach to all property and assets of such person, firm,
12corporation, association, agency, institution or other legal
13entity until the judgment is satisfied.
14    (c) Civil recoveries provided for in this Section may be
15recoverable in court proceedings initiated by the Attorney
16General or, in actions involving a local governmental unit, by
17the State's Attorney.
18    (d) Any person who commits the offense of vendor fraud or
19recipient fraud as defined in Section 8A-2 and Section 8A-3 of
20this Article shall forfeit, according to the provisions of
21this subsection, any monies, profits or proceeds, and any
22interest or property which the sentencing court determines he
23has acquired or maintained, directly or indirectly, in whole
24or in part as a result of such offense. Such person shall also
25forfeit any interest in, securities of, claim against, or
26contractual right of any kind which affords him a source of



HB5049 Engrossed- 11 -LRB102 22605 KTG 31748 b

1influence over, any enterprise which he has established,
2operated, controlled, conducted, or participated in
3conducting, where his relationship to or connection with any
4such thing or activity directly or indirectly, in whole or in
5part, is traceable to any thing or benefit which he has
6obtained or acquired through vendor fraud or recipient fraud.
7    Proceedings instituted pursuant to this subsection shall
8be subject to and conducted in accordance with the following
10    (1) The sentencing court shall, upon petition by the
11Attorney General or State's Attorney at any time following
12sentencing, conduct a hearing to determine whether any
13property or property interest is subject to forfeiture under
14this subsection. At the forfeiture hearing the People shall
15have the burden of establishing, by a preponderance of the
16evidence, that the property or property interests are subject
17to such forfeiture.
18    (2) In any action brought by the People of the State of
19Illinois under this Section, in which any restraining order,
20injunction or prohibition or any other action in connection
21with any property or interest subject to forfeiture under this
22subsection is sought, the circuit court presiding over the
23trial of the person charged with recipient fraud or vendor
24fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
25first determine whether there is probable cause to believe
26that the person so charged has committed the offense of



HB5049 Engrossed- 12 -LRB102 22605 KTG 31748 b

1recipient fraud or vendor fraud and whether the property or
2interest is subject to forfeiture under this subsection. To
3make such a determination, prior to entering any such order,
4the court shall conduct a hearing without a jury, at which the
5People shall establish that there is (i) probable cause that
6the person so charged has committed the offense of recipient
7fraud or vendor fraud and (ii) probable cause that any
8property or interest may be subject to forfeiture pursuant to
9this subsection. Such hearing may be conducted simultaneously
10with a preliminary hearing, if the prosecution is commenced by
11information or complaint, or by motion of the People at any
12stage in the proceedings. The court may accept a finding of
13probable cause at a preliminary hearing following the filing
14of an information charging the offense of recipient fraud or
15vendor fraud as defined in Sections 8A-2 or 8A-3 or the return
16of an indictment by a grand jury charging the offense of
17recipient fraud or vendor fraud as defined in Sections 8A-2 or
188A-3 of this Article as sufficient evidence of probable cause
19as provided in item (i) above. Upon such a finding, the circuit
20court shall enter such restraining order, injunction or
21prohibition, or shall take such other action in connection
22with any such property or other interest subject to forfeiture
23under this Act as is necessary to insure that such property is
24not removed from the jurisdiction of the court, concealed,
25destroyed or otherwise disposed of by the owner of that
26property or interest prior to a forfeiture hearing under this



HB5049 Engrossed- 13 -LRB102 22605 KTG 31748 b

1subsection. The Attorney General or State's Attorney shall
2file a certified copy of such restraining order, injunction or
3other prohibition with the recorder of deeds or registrar of
4titles of each county where any such property of the defendant
5may be located. No such injunction, restraining order or other
6prohibition shall affect the rights of any bonafide purchaser,
7mortgagee, judgement creditor or other lien holder arising
8prior to the date of such filing. The court may, at any time,
9upon verified petition by the defendant, conduct a hearing to
10determine whether all or portions of any such property or
11interest which the court previously determined to be subject
12to forfeiture or subject to any restraining order, injunction,
13or prohibition or other action, should be released. The court
14may in its discretion release such property to the defendant
15for good cause shown.
16    (3) Upon conviction of a person under this Article, the
17court shall authorize the Director of the Illinois State
18Police to seize all property or other interest declared
19forfeited under this subsection upon such terms and conditions
20as the court shall deem proper.
21    (4) The Director of the Illinois State Police is
22authorized to sell all property forfeited and seized pursuant
23to this subsection, unless such property is required by law to
24be destroyed or is harmful to the public. After the deduction
25of all requisite expenses of administration and sale, the
26court shall order the Director to distribute to the Illinois



HB5049 Engrossed- 14 -LRB102 22605 KTG 31748 b

1Department an amount from the proceeds of the forfeited
2property, or monies forfeited or seized, which will satisfy
3any unsatisfied court order of restitution entered pursuant to
4a conviction under this Article. If the proceeds are less than
5the amount necessary to satisfy the order of restitution, the
6Director shall distribute to the Illinois Department the
7entire amount of the remaining proceeds. The Director shall
8distribute any remaining proceeds of such sale, along with any
9monies forfeited or seized, in accordance with the following
11    (a) 25% shall be distributed to the unit of local
12government whose officers or employees conducted the
13investigation into recipient fraud or vendor fraud and caused
14the arrest or arrests and prosecution leading to the
15forfeiture. Amounts distributed to units of local government
16shall be used solely for enforcement matters relating to
17detection, investigation or prosecution of recipient fraud or
18vendor fraud as defined in Section 8A-2 or 8A-3 of this
19Article. Where the investigation, arrest or arrests leading to
20the prosecution and forfeiture is undertaken solely by the
21Office of the Attorney General Illinois State Police, the
22portion provided hereunder shall be paid into the Medicaid
23Fraud and Abuse Prevention Fund, which is hereby created in
24the State treasury. Monies from this fund shall be used by the
25Office of the Attorney General Illinois State Police for the
26furtherance of enforcement matters relating to detection,



HB5049 Engrossed- 15 -LRB102 22605 KTG 31748 b

1investigation or prosecution of recipient fraud or vendor
2fraud. Monies directed to this fund shall be used in addition
3to, and not as a substitute for, funds annually appropriated
4to the Office of the Attorney General Illinois State Police
5for medicaid fraud enforcement.
6    (b) 25% shall be distributed to the county in which the
7prosecution and petition for forfeiture resulting in the
8forfeiture was instituted, and deposited in a special fund in
9the county treasury and appropriated to the State's Attorney
10for use solely in enforcement matters relating to detection,
11investigation or prosecution of recipient fraud or vendor
12fraud; however, if the Attorney General brought the
13prosecution resulting in the forfeiture, the portion provided
14hereunder shall be paid into the Medicaid Fraud and Abuse
15Prevention Fund, to be used by the Medicaid Fraud Control Unit
16of the Office of the Attorney General Illinois State Police
17for enforcement matters relating to detection, investigation
18or prosecution of recipient fraud or vendor fraud. Where the
19Attorney General and a State's Attorney have jointly
20participated in any portion of the proceedings, 12.5% shall be
21distributed to the county in which the prosecution resulting
22in the forfeiture was instituted, and used as specified
23herein, and 12.5% shall be paid into the Medicaid Fraud and
24Abuse Prevention Fund, and used as specified herein.
25    (c) 50% shall be transmitted to the State Treasurer for
26deposit in the General Revenue Fund.



HB5049 Engrossed- 16 -LRB102 22605 KTG 31748 b

1(Source: P.A. 102-538, eff. 8-20-21.)
2    Section 20. The Illinois False Claims Act is amended by
3changing Sections 2, 4, 6, and 8 as follows:
4    (740 ILCS 175/2)  (from Ch. 127, par. 4102)
5    Sec. 2. Definitions. As used in this Act:
6    (a) "State" means the State of Illinois; any agency of
7State government; the system of State colleges and
8universities, any school district, community college district,
9county, municipality, municipal corporation, unit of local
10government, and any combination of the above under an
11intergovernmental agreement that includes provisions for a
12governing body of the agency created by the agreement.
13    (b) "Guard" means the Illinois National Guard.
14    (c) "Investigation" means any inquiry conducted by any
15investigator for the purpose of ascertaining whether any
16person is or has been engaged in any violation of this Act.
17    (d) "Investigator" means a person who is charged by the
18Attorney General or the Illinois State Police with the duty of
19conducting any investigation under this Act, or any officer or
20employee of the State acting under the direction and
21supervision of the Attorney General or the Illinois State
22Police, in the course of an investigation.
23    (e) "Documentary material" includes the original or any
24copy of any book, record, report, memorandum, paper,



HB5049 Engrossed- 17 -LRB102 22605 KTG 31748 b

1communication, tabulation, chart, or other document, or data
2compilations stored in or accessible through computer or other
3information retrieval systems, together with instructions and
4all other materials necessary to use or interpret such data
5compilations, and any product of discovery.
6    (f) "Custodian" means the custodian, or any deputy
7custodian, designated by the Attorney General under subsection
8(i)(1) of Section 6.
9    (g) "Product of discovery" includes:
10        (1) the original or duplicate of any deposition,
11    interrogatory, document, thing, result of the inspection
12    of land or other property, examination, or admission,
13    which is obtained by any method of discovery in any
14    judicial or administrative proceeding of an adversarial
15    nature;
16        (2) any digest, analysis, selection, compilation, or
17    derivation of any item listed in paragraph (1); and
18        (3) any index or other manner of access to any item
19    listed in paragraph (1).
20(Source: P.A. 102-538, eff. 8-20-21.)
21    (740 ILCS 175/4)  (from Ch. 127, par. 4104)
22    Sec. 4. Civil actions for false claims.
23    (a) Responsibilities of the Attorney General and the
24Illinois State Police. The Attorney General or the Illinois
25State Police shall diligently investigate a civil violation



HB5049 Engrossed- 18 -LRB102 22605 KTG 31748 b

1under Section 3. If the Attorney General finds that a person
2violated or is violating Section 3, the Attorney General may
3bring a civil action under this Section against the person.
4    The State shall receive an amount for reasonable expenses
5that the court finds to have been necessarily incurred by the
6Attorney General, including reasonable attorneys' fees and
7costs. All such expenses, fees, and costs shall be awarded
8against the defendant. The court may award amounts from the
9proceeds of an action or settlement that it considers
10appropriate to any governmental entity or program that has
11been adversely affected by a defendant. The Attorney General,
12if necessary, shall direct the State Treasurer to make a
13disbursement of funds as provided in court orders or
14settlement agreements.
15    (b) Actions by private persons.
16        (1) A person may bring a civil action for a violation
17    of Section 3 for the person and for the State. The action
18    shall be brought in the name of the State. The action may
19    be dismissed only if the court and the Attorney General
20    give written consent to the dismissal and their reasons
21    for consenting.
22        (2) A copy of the complaint and written disclosure of
23    substantially all material evidence and information the
24    person possesses shall be served on the State. The
25    complaint shall be filed in camera, shall remain under
26    seal for at least 60 days, and shall not be served on the



HB5049 Engrossed- 19 -LRB102 22605 KTG 31748 b

1    defendant until the court so orders. The State may elect
2    to intervene and proceed with the action within 60 days
3    after it receives both the complaint and the material
4    evidence and information.
5        (3) The State may, for good cause shown, move the
6    court for extensions of the time during which the
7    complaint remains under seal under paragraph (2). Any such
8    motions may be supported by affidavits or other
9    submissions in camera. The defendant shall not be required
10    to respond to any complaint filed under this Section until
11    20 days after the complaint is unsealed and served upon
12    the defendant.
13        (4) Before the expiration of the 60-day period or any
14    extensions obtained under paragraph (3), the State shall:
15            (A) proceed with the action, in which case the
16        action shall be conducted by the State; or
17            (B) notify the court that it declines to take over
18        the action, in which case the person bringing the
19        action shall have the right to conduct the action.
20        (5) When a person brings an action under this
21    subsection (b), no person other than the State may
22    intervene or bring a related action based on the facts
23    underlying the pending action.
24    (c) Rights of the parties to Qui Tam actions.
25        (1) If the State proceeds with the action, it shall
26    have the primary responsibility for prosecuting the



HB5049 Engrossed- 20 -LRB102 22605 KTG 31748 b

1    action, and shall not be bound by an act of the person
2    bringing the action. Such person shall have the right to
3    continue as a party to the action, subject to the
4    limitations set forth in paragraph (2).
5        (2)(A) The State may dismiss the action
6    notwithstanding the objections of the person initiating
7    the action if the person has been notified by the State of
8    the filing of the motion and the court has provided the
9    person with an opportunity for a hearing on the motion.
10        (B) The State may settle the action with the defendant
11    notwithstanding the objections of the person initiating
12    the action if the court determines, after a hearing, that
13    the proposed settlement is fair, adequate, and reasonable
14    under all the circumstances. Upon a showing of good cause,
15    such hearing may be held in camera.
16        (C) Upon a showing by the State that unrestricted
17    participation during the course of the litigation by the
18    person initiating the action would interfere with or
19    unduly delay the State's prosecution of the case, or would
20    be repetitious, irrelevant, or for purposes of harassment,
21    the court may, in its discretion, impose limitations on
22    the person's participation, such as:
23            (i) limiting the number of witnesses the person
24        may call:
25            (ii) limiting the length of the testimony of such
26        witnesses;



HB5049 Engrossed- 21 -LRB102 22605 KTG 31748 b

1            (iii) limiting the person's cross-examination of
2        witnesses; or
3            (iv) otherwise limiting the participation by the
4        person in the litigation.
5        (D) Upon a showing by the defendant that unrestricted
6    participation during the course of the litigation by the
7    person initiating the action would be for purposes of
8    harassment or would cause the defendant undue burden or
9    unnecessary expense, the court may limit the participation
10    by the person in the litigation.
11        (3) If the State elects not to proceed with the
12    action, the person who initiated the action shall have the
13    right to conduct the action. If the State so requests, it
14    shall be served with copies of all pleadings filed in the
15    action and shall be supplied with copies of all deposition
16    transcripts (at the State's expense). When a person
17    proceeds with the action, the court, without limiting the
18    status and rights of the person initiating the action, may
19    nevertheless permit the State to intervene at a later date
20    upon a showing of good cause.
21        (4) Whether or not the State proceeds with the action,
22    upon a showing by the State that certain actions of
23    discovery by the person initiating the action would
24    interfere with the State's investigation or prosecution of
25    a criminal or civil matter arising out of the same facts,
26    the court may stay such discovery for a period of not more



HB5049 Engrossed- 22 -LRB102 22605 KTG 31748 b

1    than 60 days. Such a showing shall be conducted in camera.
2    The court may extend the 60-day period upon a further
3    showing in camera that the State has pursued the criminal
4    or civil investigation or proceedings with reasonable
5    diligence and any proposed discovery in the civil action
6    will interfere with the ongoing criminal or civil
7    investigation or proceedings.
8        (5) Notwithstanding subsection (b), the State may
9    elect to pursue its claim through any alternate remedy
10    available to the State, including any administrative
11    proceeding to determine a civil money penalty. If any such
12    alternate remedy is pursued in another proceeding, the
13    person initiating the action shall have the same rights in
14    such proceeding as such person would have had if the
15    action had continued under this Section. Any finding of
16    fact or conclusion of law made in such other proceeding
17    that has become final shall be conclusive on all parties
18    to an action under this Section. For purposes of the
19    preceding sentence, a finding or conclusion is final if it
20    has been finally determined on appeal to the appropriate
21    court, if all time for filing such an appeal with respect
22    to the finding or conclusion has expired, or if the
23    finding or conclusion is not subject to judicial review.
24    (d) Award to Qui Tam plaintiff.
25        (1) If the State proceeds with an action brought by a
26    person under subsection (b), such person shall, subject to



HB5049 Engrossed- 23 -LRB102 22605 KTG 31748 b

1    the second sentence of this paragraph, receive at least
2    15% but not more than 25% of the proceeds of the action or
3    settlement of the claim, depending upon the extent to
4    which the person substantially contributed to the
5    prosecution of the action. Where the action is one which
6    the court finds to be based primarily on disclosures of
7    specific information (other than information provided by
8    the person bringing the action) relating to allegations or
9    transactions in a criminal, civil, or administrative
10    hearing, in a legislative, administrative, or Auditor
11    General's report, hearing, audit, or investigation, or
12    from the news media, the court may award such sums as it
13    considers appropriate, but in no case more than 10% of the
14    proceeds, taking into account the significance of the
15    information and the role of the person bringing the action
16    in advancing the case to litigation. Any payment to a
17    person under the first or second sentence of this
18    paragraph (1) shall be made from the proceeds. Any such
19    person shall also receive an amount for reasonable
20    expenses which the court finds to have been necessarily
21    incurred, plus reasonable attorneys' fees and costs. The
22    State shall also receive an amount for reasonable expenses
23    which the court finds to have been necessarily incurred by
24    the Attorney General, including reasonable attorneys' fees
25    and costs. All such expenses, fees, and costs shall be
26    awarded against the defendant. The court may award amounts



HB5049 Engrossed- 24 -LRB102 22605 KTG 31748 b

1    from the proceeds of an action or settlement that it
2    considers appropriate to any governmental entity or
3    program that has been adversely affected by a defendant.
4    The Attorney General, if necessary, shall direct the State
5    Treasurer to make a disbursement of funds as provided in
6    court orders or settlement agreements.
7        (2) If the State does not proceed with an action under
8    this Section, the person bringing the action or settling
9    the claim shall receive an amount which the court decides
10    is reasonable for collecting the civil penalty and
11    damages. The amount shall be not less than 25% and not more
12    than 30% of the proceeds of the action or settlement and
13    shall be paid out of such proceeds. Such person shall also
14    receive an amount for reasonable expenses which the court
15    finds to have been necessarily incurred, plus reasonable
16    attorneys' fees and costs. All such expenses, fees, and
17    costs shall be awarded against the defendant. The court
18    may award amounts from the proceeds of an action or
19    settlement that it considers appropriate to any
20    governmental entity or program that has been adversely
21    affected by a defendant. The Attorney General, if
22    necessary, shall direct the State Treasurer to make a
23    disbursement of funds as provided in court orders or
24    settlement agreements.
25        (3) Whether or not the State proceeds with the action,
26    if the court finds that the action was brought by a person



HB5049 Engrossed- 25 -LRB102 22605 KTG 31748 b

1    who planned and initiated the violation of Section 3 upon
2    which the action was brought, then the court may, to the
3    extent the court considers appropriate, reduce the share
4    of the proceeds of the action which the person would
5    otherwise receive under paragraph (1) or (2) of this
6    subsection (d), taking into account the role of that
7    person in advancing the case to litigation and any
8    relevant circumstances pertaining to the violation. If the
9    person bringing the action is convicted of criminal
10    conduct arising from his or her role in the violation of
11    Section 3, that person shall be dismissed from the civil
12    action and shall not receive any share of the proceeds of
13    the action. Such dismissal shall not prejudice the right
14    of the State to continue the action, represented by the
15    Attorney General.
16        (4) If the State does not proceed with the action and
17    the person bringing the action conducts the action, the
18    court may award to the defendant its reasonable attorneys'
19    fees and expenses if the defendant prevails in the action
20    and the court finds that the claim of the person bringing
21    the action was clearly frivolous, clearly vexatious, or
22    brought primarily for purposes of harassment.
23    (e) Certain actions barred.
24        (1) No court shall have jurisdiction over an action
25    brought by a former or present member of the Guard under
26    subsection (b) of this Section against a member of the



HB5049 Engrossed- 26 -LRB102 22605 KTG 31748 b

1    Guard arising out of such person's service in the Guard.
2        (2)(A) No court shall have jurisdiction over an action
3    brought under subsection (b) against a member of the
4    General Assembly, a member of the judiciary, or an exempt
5    official if the action is based on evidence or information
6    known to the State when the action was brought.
7        (B) For purposes of this paragraph (2), "exempt
8    official" means any of the following officials in State
9    service: directors of departments established under the
10    Civil Administrative Code of Illinois, the Adjutant
11    General, the Assistant Adjutant General, the Director of
12    the State Emergency Services and Disaster Agency, members
13    of the boards and commissions, and all other positions
14    appointed by the Governor by and with the consent of the
15    Senate.
16        (3) In no event may a person bring an action under
17    subsection (b) which is based upon allegations or
18    transactions which are the subject of a civil suit or an
19    administrative civil money penalty proceeding in which the
20    State is already a party.
21        (4)(A) The court shall dismiss an action or claim
22    under this Section, unless opposed by the State, if
23    substantially the same allegations or transactions as
24    alleged in the action or claim were publicly disclosed:
25            (i) in a criminal, civil, or administrative
26        hearing in which the State or its agent is a party;



HB5049 Engrossed- 27 -LRB102 22605 KTG 31748 b

1            (ii) in a State legislative, State Auditor
2        General, or other State report, hearing, audit, or
3        investigation; or
4            (iii) from the news media,
5    unless the action is brought by the Attorney General or
6    the person bringing the action is an original source of
7    the information.
8        (B) For purposes of this paragraph (4), "original
9    source" means an individual who either (i) prior to a
10    public disclosure under subparagraph (A) of this paragraph
11    (4), has voluntarily disclosed to the State the
12    information on which allegations or transactions in a
13    claim are based, or (ii) has knowledge that is independent
14    of and materially adds to the publicly disclosed
15    allegations or transactions, and who has voluntarily
16    provided the information to the State before filing an
17    action under this Section.
18    (f) State not liable for certain expenses. The State is
19not liable for expenses which a person incurs in bringing an
20action under this Section.
21    (g) Relief from retaliatory actions.
22        (1) In general, any employee, contractor, or agent
23    shall be entitled to all relief necessary to make that
24    employee, contractor, or agent whole, if that employee,
25    contractor, or agent is discharged, demoted, suspended,
26    threatened, harassed, or in any other manner discriminated



HB5049 Engrossed- 28 -LRB102 22605 KTG 31748 b

1    against in the terms and conditions of employment because
2    of lawful acts done by the employee, contractor, agent, or
3    associated others in furtherance of an action under this
4    Section or other efforts to stop one or more violations of
5    this Act.
6        (2) Relief under paragraph (1) shall include
7    reinstatement with the same seniority status that the
8    employee, contractor, or agent would have had but for the
9    discrimination, 2 times the amount of back pay, interest
10    on the back pay, and compensation for any special damages
11    sustained as a result of the discrimination, including
12    litigation costs and reasonable attorneys' fees. An action
13    under this subsection (g) may be brought in the
14    appropriate circuit court for the relief provided in this
15    subsection (g).
16        (3) A civil action under this subsection may not be
17    brought more than 3 years after the date when the
18    retaliation occurred.
19(Source: P.A. 102-538, eff. 8-20-21.)
20    (740 ILCS 175/6)  (from Ch. 127, par. 4106)
21    Sec. 6. Subpoenas.
22    (a) In general.
23        (1) Issuance and service. Whenever the Attorney
24    General, or a designee (for purposes of this Section), has
25    reason to believe that any person may be in possession,



HB5049 Engrossed- 29 -LRB102 22605 KTG 31748 b

1    custody, or control of any documentary material or
2    information relevant to an investigation, the Attorney
3    General, or a designee, may, before commencing a civil
4    proceeding under this Act or making an election under
5    paragraph (4) of subsection (b) of Section 4, issue in
6    writing and cause to be served upon such person, a
7    subpoena requiring such person:
8            (A) to produce such documentary material for
9        inspection and copying,
10            (B) to answer, in writing, written interrogatories
11        with respect to such documentary material or
12        information,
13            (C) to give oral testimony concerning such
14        documentary material or information, or
15            (D) to furnish any combination of such material,
16        answers, or testimony.
17    The Attorney General may delegate the authority to issue
18    subpoenas under this subsection (a) to the Department of
19    State Police subject to conditions as the Attorney General
20    deems appropriate. Whenever a subpoena is an express
21    demand for any product of discovery, the Attorney General
22    or his or her delegate shall cause to be served, in any
23    manner authorized by this Section, a copy of such demand
24    upon the person from whom the discovery was obtained and
25    shall notify the person to whom such demand is issued of
26    the date on which such copy was served. Any information



HB5049 Engrossed- 30 -LRB102 22605 KTG 31748 b

1    obtained by the Attorney General or a designee under this
2    Section may be shared with any qui tam relator if the
3    Attorney General or designee determines it necessary as
4    part of any False Claims Act investigation.
5        (1.5) Where a subpoena requires the production of
6    documentary material, the respondent shall produce the
7    original of the documentary material, provided, however,
8    that the Attorney General, or a designee, may agree that
9    copies may be substituted for the originals. All
10    documentary material kept or stored in electronic form,
11    including electronic mail, shall be produced in native
12    format, as kept in the normal course of business, or as
13    otherwise directed by the Attorney General or designee.
14    The production of documentary material shall be made at
15    the respondent's expense.
16        (2) Contents and deadlines. Each subpoena issued under
17    paragraph (1):
18            (A) Shall state the nature of the conduct
19        constituting an alleged violation that is under
20        investigation and the applicable provision of law
21        alleged to be violated.
22            (B) Shall identify the individual causing the
23        subpoena to be served and to whom communications
24        regarding the subpoena should be directed.
25            (C) Shall state the date, place, and time at which
26        the person is required to appear, produce written



HB5049 Engrossed- 31 -LRB102 22605 KTG 31748 b

1        answers to interrogatories, produce documentary
2        material or give oral testimony. The date shall not be
3        less than 10 days from the date of service of the
4        subpoena. Compliance with the subpoena shall be at the
5        Office of the Attorney General in either the
6        Springfield or Chicago location or at other location
7        by agreement.
8            (D) If the subpoena is for documentary material or
9        interrogatories, shall describe the documents or
10        information requested with specificity.
11            (E) Shall notify the person of the right to be
12        assisted by counsel.
13            (F) Shall advise that the person has 20 days from
14        the date of service or up until the return date
15        specified in the demand, whichever date is earlier, to
16        move, modify, or set aside the subpoena pursuant to
17        subparagraph (j)(2)(A) of this Section.
18    (b) Protected material or information.
19        (1) In general. A subpoena issued under subsection (a)
20    may not require the production of any documentary
21    material, the submission of any answers to written
22    interrogatories, or the giving of any oral testimony if
23    such material, answers, or testimony would be protected
24    from disclosure under:
25            (A) the standards applicable to subpoenas or
26        subpoenas duces tecum issued by a court of this State



HB5049 Engrossed- 32 -LRB102 22605 KTG 31748 b

1        to aid in a grand jury investigation; or
2            (B) the standards applicable to discovery requests
3        under the Code of Civil Procedure, to the extent that
4        the application of such standards to any such subpoena
5        is appropriate and consistent with the provisions and
6        purposes of this Section.
7        (2) Effect on other orders, rules, and laws. Any such
8    subpoena which is an express demand for any product of
9    discovery supersedes any inconsistent order, rule, or
10    provision of law (other than this Section) preventing or
11    restraining disclosure of such product of discovery to any
12    person. Disclosure of any product of discovery pursuant to
13    any such subpoena does not constitute a waiver of any
14    right or privilege which the person making such disclosure
15    may be entitled to invoke to resist discovery of trial
16    preparation materials.
17    (c) Service in general. Any subpoena issued under
18subsection (a) may be served by any person so authorized by the
19Attorney General or by any person authorized to serve process
20on individuals within Illinois, through any method prescribed
21in the Code of Civil Procedure or as otherwise set forth in
22this Act.
23    (d) Service upon legal entities and natural persons.
24        (1) Legal entities. Service of any subpoena issued
25    under subsection (a) or of any petition filed under
26    subsection (j) may be made upon a partnership,



HB5049 Engrossed- 33 -LRB102 22605 KTG 31748 b

1    corporation, association, or other legal entity by:
2            (A) delivering an executed copy of such subpoena
3        or petition to any partner, executive officer,
4        managing agent, general agent, or registered agent of
5        the partnership, corporation, association or entity;
6            (B) delivering an executed copy of such subpoena
7        or petition to the principal office or place of
8        business of the partnership, corporation, association,
9        or entity; or
10            (C) depositing an executed copy of such subpoena
11        or petition in the United States mails by registered
12        or certified mail, with a return receipt requested,
13        addressed to such partnership, corporation,
14        association, or entity as its principal office or
15        place of business.
16        (2) Natural person. Service of any such subpoena or
17    petition may be made upon any natural person by:
18            (A) delivering an executed copy of such subpoena
19        or petition to the person; or
20            (B) depositing an executed copy of such subpoena
21        or petition in the United States mails by registered
22        or certified mail, with a return receipt requested,
23        addressed to the person at the person's residence or
24        principal office or place of business.
25    (e) Proof of service. A verified return by the individual
26serving any subpoena issued under subsection (a) or any



HB5049 Engrossed- 34 -LRB102 22605 KTG 31748 b

1petition filed under subsection (j) setting forth the manner
2of such service shall be proof of such service. In the case of
3service by registered or certified mail, such return shall be
4accompanied by the return post office receipt of delivery of
5such subpoena.
6    (f) Documentary material.
7        (1) Sworn certificates. The production of documentary
8    material in response to a subpoena served under this
9    Section shall be made under a sworn certificate, in such
10    form as the subpoena designates, by:
11            (A) in the case of a natural person, the person to
12        whom the subpoena is directed, or
13            (B) in the case of a person other than a natural
14        person, a person having knowledge of the facts and
15        circumstances relating to such production and
16        authorized to act on behalf of such person.
17    The certificate shall state that all of the documentary
18    material required by the demand and in the possession,
19    custody, or control of the person to whom the subpoena is
20    directed has been produced and made available to the
21    Attorney General.
22        (2) Production of materials. Any person upon whom any
23    subpoena for the production of documentary material has
24    been served under this Section shall make such material
25    available for inspection and copying to the Attorney
26    General at the place designated in the subpoena, or at



HB5049 Engrossed- 35 -LRB102 22605 KTG 31748 b

1    such other place as the Attorney General and the person
2    thereafter may agree and prescribe in writing, or as the
3    court may direct under subsection (j)(1). Such material
4    shall be made so available on the return date specified in
5    such subpoena, or on such later date as the Attorney
6    General may prescribe in writing. Such person may, upon
7    written agreement between the person and the Attorney
8    General, substitute copies for originals of all or any
9    part of such material.
10    (g) Interrogatories. Each interrogatory in a subpoena
11served under this Section shall be answered separately and
12fully in writing under oath and shall be submitted under a
13sworn certificate, in such form as the subpoena designates by:
14        (1) in the case of a natural person, the person to whom
15    the subpoena is directed, or
16        (2) in the case of a person other than a natural
17    person, the person or persons responsible for answering
18    each interrogatory.
19If any interrogatory is objected to, the reasons for the
20objection shall be stated in the certificate instead of an
21answer. The certificate shall state that all information
22required by the subpoena and in the possession, custody,
23control, or knowledge of the person to whom the demand is
24directed has been submitted. To the extent that any
25information is not furnished, the information shall be
26identified and reasons set forth with particularity regarding



HB5049 Engrossed- 36 -LRB102 22605 KTG 31748 b

1the reasons why the information was not furnished.
2    (h) Oral examinations.
3        (1) Procedures. The examination of any person pursuant
4    to a subpoena for oral testimony served under this Section
5    shall be taken before an officer authorized to administer
6    oaths and affirmations by the laws of this State or of the
7    place where the examination is held. The officer before
8    whom the testimony is to be taken shall put the witness on
9    oath or affirmation and shall, personally or by someone
10    acting under the direction of the officer and in the
11    officer's presence, record the testimony of the witness.
12    The testimony shall be taken stenographically and shall be
13    transcribed. When the testimony is fully transcribed, the
14    officer before whom the testimony is taken shall promptly
15    transmit a certified copy of the transcript of the
16    testimony in accordance with the instructions of the
17    Attorney General. This subsection shall not preclude the
18    taking of testimony by any means authorized by, and in a
19    manner consistent with, the Code of Civil Procedure.
20        (2) Persons present. The investigator conducting the
21    examination shall exclude from the place where the
22    examination is held all persons except the person giving
23    the testimony, the attorney for and any other
24    representative of the person giving the testimony, the
25    attorney for the State, any person who may be agreed upon
26    by the attorney for the State and the person giving the



HB5049 Engrossed- 37 -LRB102 22605 KTG 31748 b

1    testimony, the officer before whom the testimony is to be
2    taken, and any stenographer taking such testimony.
3        (3) Where testimony taken. The oral testimony of any
4    person taken pursuant to a subpoena served under this
5    Section shall be taken in the county within which such
6    person resides, is found, or transacts business, or in
7    such other place as may be agreed upon by the Attorney
8    General and such person.
9        (4) Transcript of testimony. When the testimony is
10    fully transcribed, the Attorney General or the officer
11    before whom the testimony is taken shall afford the
12    witness, who may be accompanied by counsel, a reasonable
13    opportunity to review and correct the transcript, in
14    accordance with the rules applicable to deposition
15    witnesses in civil cases. Upon payment of reasonable
16    charges, the Attorney General shall furnish a copy of the
17    transcript to the witness, except that the Attorney
18    General may, for good cause, limit the witness to
19    inspection of the official transcript of the witness'
20    testimony.
21        (5) Conduct of oral testimony.
22            (A) Any person compelled to appear for oral
23        testimony under a subpoena issued under subsection (a)
24        may be accompanied, represented, and advised by
25        counsel, who may raise objections based on matters of
26        privilege in accordance with the rules applicable to



HB5049 Engrossed- 38 -LRB102 22605 KTG 31748 b

1        depositions in civil cases. If such person refuses to
2        answer any question, a petition may be filed in
3        circuit court under subsection (j)(1) for an order
4        compelling such person to answer such question.
5            (B) If such person refuses any question on the
6        grounds of the privilege against self-incrimination,
7        the testimony of such person may be compelled in
8        accordance with Article 106 of the Code of Criminal
9        Procedure of 1963.
10        (6) Witness fees and allowances. Any person appearing
11    for oral testimony under a subpoena issued under
12    subsection (a) shall be entitled to the same fees and
13    allowances which are paid to witnesses in the circuit
14    court.
15    (i) Custodians of documents, answers, and transcripts.
16        (1) Designation. The Attorney General or his or her
17    delegate shall serve as custodian of documentary material,
18    answers to interrogatories, and transcripts of oral
19    testimony received under this Section.
20        (2) Except as otherwise provided in this Section, no
21    documentary material, answers to interrogatories, or
22    transcripts of oral testimony, or copies thereof, while in
23    the possession of the custodian, shall be available for
24    examination by any individual, except as determined
25    necessary by the Attorney General and subject to the
26    conditions imposed by him or her for effective enforcement



HB5049 Engrossed- 39 -LRB102 22605 KTG 31748 b

1    of the laws of this State, or as otherwise provided by
2    court order.
3        (3) Conditions for return of material. If any
4    documentary material has been produced by any person in
5    the course of any investigation pursuant to a subpoena
6    under this Section and:
7            (A) any case or proceeding before the court or
8        grand jury arising out of such investigation, or any
9        proceeding before any State agency involving such
10        material, has been completed, or
11            (B) no case or proceeding in which such material
12        may be used has been commenced within a reasonable
13        time after completion of the examination and analysis
14        of all documentary material and other information
15        assembled in the course of such investigation,
16    the custodian shall, upon written request of the person
17    who produced such material, return to such person any such
18    material which has not passed into the control of any
19    court, grand jury, or agency through introduction into the
20    record of such case or proceeding.
21    (j) Judicial proceedings.
22        (1) Petition for enforcement. Whenever any person
23    fails to comply with any subpoena issued under subsection
24    (a), or whenever satisfactory copying or reproduction of
25    any material requested in such demand cannot be done and
26    such person refuses to surrender such material, the



HB5049 Engrossed- 40 -LRB102 22605 KTG 31748 b

1    Attorney General may file, in the circuit court of any
2    county in which such person resides, is found, or
3    transacts business, or the circuit court of the county in
4    which an action filed pursuant to Section 4 of this Act is
5    pending if the action relates to the subject matter of the
6    subpoena and serve upon such person a petition for an
7    order of such court for the enforcement of the subpoena.
8        (2) Petition to modify or set aside subpoena.
9            (A) Any person who has received a subpoena issued
10        under subsection (a) may file, in the circuit court of
11        any county within which such person resides, is found,
12        or transacts business, and serve upon the Attorney
13        General a petition for an order of the court to modify
14        or set aside such subpoena. In the case of a petition
15        addressed to an express demand for any product of
16        discovery, a petition to modify or set aside such
17        demand may be brought only in the circuit court of the
18        county in which the proceeding in which such discovery
19        was obtained is or was last pending. Any petition
20        under this subparagraph (A) must be filed:
21                (i) within 20 days after the date of service
22            of the subpoena, or at any time before the return
23            date specified in the subpoena, whichever date is
24            earlier, or
25                (ii) within such longer period as may be
26            prescribed in writing by the Attorney General.



HB5049 Engrossed- 41 -LRB102 22605 KTG 31748 b

1            (B) The petition shall specify each ground upon
2        which the petitioner relies in seeking relief under
3        subparagraph (A), and may be based upon any failure of
4        the subpoena to comply with the provisions of this
5        Section or upon any constitutional or other legal
6        right or privilege of such person. During the pendency
7        of the petition in the court, the court may stay, as it
8        deems proper, the running of the time allowed for
9        compliance with the subpoena, in whole or in part,
10        except that the person filing the petition shall
11        comply with any portion of the subpoena not sought to
12        be modified or set aside.
13        (3) Petition to modify or set aside demand for product
14    of discovery. In the case of any subpoena issued under
15    subsection (a) which is an express demand for any product
16    of discovery, the person from whom such discovery was
17    obtained may file, in the circuit court of the county in
18    which the proceeding in which such discovery was obtained
19    is or was last pending, a petition for an order of such
20    court to modify or set aside those portions of the
21    subpoena requiring production of any such product of
22    discovery, subject to the same terms, conditions, and
23    limitations set forth in subparagraph (j)(2) of this
24    Section.
25        (4) Jurisdiction. Whenever any petition is filed in
26    any circuit court under this subsection (j), such court



HB5049 Engrossed- 42 -LRB102 22605 KTG 31748 b

1    shall have jurisdiction to hear and determine the matter
2    so presented, and to enter such orders as may be required
3    to carry out the provisions of this Section. Any final
4    order so entered shall be subject to appeal in the same
5    manner as appeals of other final orders in civil matters.
6    Any disobedience of any final order entered under this
7    Section by any court shall be punished as a contempt of the
8    court.
9    (k) Disclosure exemption. Any documentary material,
10answers to written interrogatories, or oral testimony provided
11under any subpoena issued under subsection (a) shall be exempt
12from disclosure under the Illinois Administrative Procedure
14(Source: P.A. 96-1304, eff. 7-27-10.)
15    (740 ILCS 175/8)  (from Ch. 127, par. 4108)
16    Sec. 8. Funds; Grants.
17    (a) There is hereby created the State Whistleblower Reward
18and Protection Fund to be held outside of the State Treasury
19with the State Treasurer as custodian. All proceeds of an
20action or settlement of a claim brought under this Act shall be
21deposited in the Fund. Any attorneys' fees, expenses, and
22costs paid by or awarded against any defendant pursuant to
23Section 4 of this Act shall not be considered part of the
24proceeds to be deposited in the Fund.
25    (b) For all cases settled before October 1, 2023, monies



HB5049 Engrossed- 43 -LRB102 22605 KTG 31748 b

1Monies in the Fund shall be allocated as follows: One-sixth of
2the monies shall be paid to the Attorney General Whistleblower
3Reward and Protection Fund, which is hereby created as a
4special fund in the State Treasury, and one-sixth of the
5monies shall be paid to the State Police Whistleblower Reward
6and Protection Fund, which is hereby created as a special fund
7in the State Treasury, for State law enforcement purposes. The
8remaining two-thirds of the monies in the Fund shall be used
9for payment of awards to Qui Tam plaintiffs and as otherwise
10specified in this Act, with any remainder to the General
11Revenue Fund. The Attorney General shall direct the State
12Treasurer to make disbursement of funds.
13    (c) For all cases settled on or after October 1, 2023,
14monies in the Fund shall be allocated as follows: One-third of
15the monies shall be paid to the Attorney General Whistleblower
16Reward and Protection Fund. The remaining two-thirds of the
17monies in the Fund shall be used for payment of awards to Qui
18Tam plaintiffs and as otherwise specified in this Act, with
19any remainder to the General Revenue Fund. The Attorney
20General shall direct the State Treasurer to make disbursement
21of funds.
22(Source: P.A. 101-148, eff. 7-26-19.)