Full Text of HB5049 102nd General Assembly
HB5049eng 102ND GENERAL ASSEMBLY |
| | HB5049 Engrossed | | LRB102 22605 KTG 31748 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. The Attorney General Act is amended by adding | 5 | | Section 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, | 9 | | all functions performed
by the Medicaid Fraud Control Unit | 10 | | within the Illinois State Police, together with all of the | 11 | | powers,
duties, rights, and responsibilities of the Medicaid | 12 | | Fraud Control Unit
relating to those functions, are | 13 | | transferred from the
Illinois State Police to the Office of | 14 | | the Attorney General. | 15 | | The Illinois State Police and the Office of the Attorney
| 16 | | General shall cooperate to ensure that the transfer of
| 17 | | functions is completed. | 18 | | (b) Effect of transfer. Neither the functions of the
| 19 | | Medicaid Fraud Control Unit, nor the powers,
duties, rights, | 20 | | and responsibilities relating to those
functions, that are | 21 | | transferred from the Illinois State Police to the Office of | 22 | | the Attorney General under this
Section are affected by this | 23 | | amendatory Act of the 102nd General Assembly, except that all |
| | | HB5049 Engrossed | - 2 - | LRB102 22605 KTG 31748 b |
|
| 1 | | such functions, powers,
duties, rights, and responsibilities | 2 | | shall be performed or
exercised within the Office of the | 3 | | Attorney General on and
after October 1, 2023. | 4 | | (c) Personnel transferred. The status and rights of the
| 5 | | employees in the Illinois State Police engaged in the
| 6 | | performance of functions relating to the Medicaid Fraud | 7 | | Control Unit shall not be affected by the
transfer of those | 8 | | functions from the Illinois State Police to
the Office of the | 9 | | Attorney General under this Section.
The rights of those | 10 | | employees as derived from the State of
Illinois and its | 11 | | agencies under the Personnel Code, the
applicable collective | 12 | | bargaining agreements, or any
pension, retirement, or annuity | 13 | | plan shall not be affected
by this Section. | 14 | | (d) Books and records transferred. All books, records,
| 15 | | papers, documents, contracts, and pending business
pertaining | 16 | | to the Medicaid Fraud Control Unit within the Illinois State | 17 | | Police,
including, but not limited to, material in electronic | 18 | | or
magnetic format, shall be transferred to the Office of the
| 19 | | Attorney General. The transfer of that information shall
not, | 20 | | however, violate any applicable confidentiality
constraints. | 21 | | (e) Unexpended moneys transferred. All unexpended
| 22 | | appropriation balances and other funds otherwise available
to | 23 | | the Illinois State Police for use in connection with the
| 24 | | Medicaid Fraud Control Unit shall be
transferred and made | 25 | | available to the Office of the Attorney General for use in | 26 | | connection with the Medicaid Fraud Control Unit. |
| | | HB5049 Engrossed | - 3 - | LRB102 22605 KTG 31748 b |
|
| 1 | | (f) Exercise of transferred powers; savings
provisions. | 2 | | The powers, duties, rights, and
responsibilities relating to | 3 | | the Medicaid Fraud Control Unit transferred from the Illinois | 4 | | State Police to
the Office of the Attorney General under this | 5 | | Section
are vested in and shall be exercised by the Office of | 6 | | the
Attorney General. Each act done in exercise of those
| 7 | | powers, duties, rights, and responsibilities shall have
the | 8 | | same legal effect as if done by the Illinois State Police
or | 9 | | its divisions, officers, or employees. | 10 | | (g) Officers and others; duties; penalties. Every
| 11 | | employee, agent, or officer of the Office of the Attorney
| 12 | | General is subject to the same obligations and duties, and
has | 13 | | the same rights, as are prescribed by law in connection
with | 14 | | the exercise of any power, duty, right, or
responsibility | 15 | | transferred under this Section. | 16 | | Every employee, agent, or officer of the Office of the
| 17 | | Attorney General is subject to the same penalty or
penalties, | 18 | | civil or criminal, as are prescribed by law for
the same | 19 | | offense by any employee, agent, or officer whose
powers, | 20 | | duties, rights, or responsibilities are
transferred under this | 21 | | Section. | 22 | | (h) Reports, notices, or papers. Whenever reports or
| 23 | | notices are required to be made or given or papers or documents | 24 | | furnished or served by any person to or upon the
Illinois State | 25 | | Police in connection with any of the functions
relating to the | 26 | | Medicaid Fraud Control Unit,
the same shall be made, given, |
| | | HB5049 Engrossed | - 4 - | LRB102 22605 KTG 31748 b |
|
| 1 | | furnished, or served in the
same manner to or upon the Office | 2 | | of the Attorney General. | 3 | | (i) Acts and actions unaffected by transfer. This
Section | 4 | | does not affect any act completed, ratified, or
canceled, or | 5 | | any right occurring or established, before October 1, 2023 in | 6 | | connection with any function transferred under
this Section. | 7 | | This Section does not affect any action
or proceeding had or | 8 | | commenced before October 1, 2023 in an
administrative, civil, | 9 | | or criminal cause regarding any
function transferred under | 10 | | this Section, but any such
action or proceeding may be | 11 | | continued by the Office of the
Attorney General. | 12 | | (j) For the purposes of the Successor Agency Act, the
| 13 | | Office of the Attorney General is declared to be the
successor | 14 | | agency of the Illinois State Police, but only with
respect to | 15 | | the functions that are transferred to the Office
of the | 16 | | Attorney General under this Section. | 17 | | Section 10. The Illinois Act on the Aging is amended by | 18 | | changing 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 | 22 | | consumers over
the age of 60
residing in facilities licensed | 23 | | or regulated under the Nursing Home Care Act,
Skilled Nursing | 24 | | and Intermediate Care Facilities Code, Sheltered Care
|
| | | HB5049 Engrossed | - 5 - | LRB102 22605 KTG 31748 b |
|
| 1 | | Facilities Code, and the Illinois Veterans' Homes Code receive | 2 | | high
quality long-term care through an effective
Illinois | 3 | | Long-Term Care Council.
| 4 | | (b) Maintenance and operation of the Illinois Long-Term | 5 | | Care 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 | 22 | | Ombudsman, area agencies on
aging, regional long-term care
| 23 | | ombudsman
programs, and provider agencies. The State Long-Term | 24 | | Care Ombudsman and each
area agency on aging, regional | 25 | | long-term
care
ombudsman program, and provider agency shall | 26 | | solicit names and
recommend members to the Department for |
| | | HB5049 Engrossed | - 6 - | LRB102 22605 KTG 31748 b |
|
| 1 | | appointment to the Illinois Long-Term
Care Council.
| 2 | | (d) Powers and duties. The Illinois Long-Term Care Council | 3 | | shall 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 | 3 | | Council shall
be composed of at least 18 but not more than 25 | 4 | | members concerned about the
quality of life in long-term care | 5 | | facilities and protecting the rights of
residents,
including | 6 | | members from long-term care facilities.
The State Long-Term | 7 | | Care Ombudsman shall be a permanent member of the
Long-Term | 8 | | Care Council.
Members
shall be appointed for a 4-year term | 9 | | with initial appointments staggered with
2-year, 3-year, and | 10 | | 4-year terms. A lottery will determine the terms of office
for | 11 | | the
members of the first term. Members may be reappointed to a | 12 | | term but no
member may be reappointed to more than 2 | 13 | | consecutive terms. The Illinois
Long-Term Care Council shall | 14 | | meet a minimum of 3 times per calendar year.
| 15 | | (f) Member requirements. All members shall be individuals | 16 | | who have
demonstrated concern about the quality of life in | 17 | | long-term care facilities. A
minimum of 3 members must be | 18 | | current or former residents of long-term care
facilities or | 19 | | the family member of a current or former resident of a | 20 | | long-term
care
facility. A minimum of 2 members shall | 21 | | represent current or former long-term
care
facility resident | 22 | | councils or family councils. A minimum of 4 members shall be
| 23 | | selected from recommendations by organizations whose members | 24 | | consist of
long-term care facilities.
A representative of | 25 | | long-term care
facility employees must also be included as a | 26 | | member.
A minimum of 2 members shall be selected from |
| | | HB5049 Engrossed | - 8 - | LRB102 22605 KTG 31748 b |
|
| 1 | | recommendations of
membership-based senior advocacy groups or | 2 | | consumer organizations that engage
solely in
legal | 3 | | representation on behalf of residents and immediate families.
| 4 | | There shall be
non-voting State agency members on the | 5 | | Long-Term Care Council from the
following agencies: (i) the
| 6 | | Department of Veterans' Affairs; (ii) the Department of Human | 7 | | Services; (iii)
the
Department of Public Health; (iv) the | 8 | | Department on Aging; (v) the Department
of
Healthcare and | 9 | | Family Services; (vi) the Office of the Attorney General | 10 | | Illinois State Police Medicaid Fraud Control Unit; and
(vii)
| 11 | | others as appropriate.
| 12 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 13 | | Section 15. The Illinois Public Aid Code is amended by | 14 | | changing 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 | 17 | | financial aid by
means of a false statement, willful | 18 | | misrepresentation or by his failure
to notify the county | 19 | | department or local governmental unit, as the case
may be, of a | 20 | | change in his status as required by Sections 11-18 and 11-19,
| 21 | | for the purpose of preventing the denial, cancellation or | 22 | | suspension of
his grant, or a variation in the amount thereof, | 23 | | or by other fraudulent
device, or a person who knowingly aids | 24 | | or abets any person in obtaining
financial aid for which he is |
| | | HB5049 Engrossed | - 9 - | LRB102 22605 KTG 31748 b |
|
| 1 | | not eligible, shall be answerable to the county
department or | 2 | | the local governmental unit, as the case may be, for refunding
| 3 | | the entire amount of aid received. If the refund is not made, | 4 | | it shall be
recoverable in a civil action from the person who | 5 | | received the aid, or from
anyone who willfully aided such | 6 | | person to obtain the aid. If an act which
would be unlawful | 7 | | under Section 8A-2 is proven, the court may as a penalty
assess | 8 | | an additional sum of money, not to exceed the entire amount of | 9 | | aid
provided, against the recipient or against any person who | 10 | | willfully aided
the recipient. If assessed, the penalty shall | 11 | | be included in any judgment
entered for the aid received, and | 12 | | paid to the county department or the
local governmental unit, | 13 | | as the case may be. Upon entry of the judgment a
lien shall | 14 | | attach to all property and assets of such person until the
| 15 | | judgment is satisfied.
| 16 | | (b) Any person, firm, corporation, association, agency, | 17 | | institution or
other legal entity, other than an individual | 18 | | recipient, that willfully,
by means of a false statement or | 19 | | representation, or by concealment of any
material fact or by | 20 | | other fraudulent scheme or device on behalf of himself
or | 21 | | others, obtains or attempts to obtain benefits or payments | 22 | | under this
Code to which he or it is not entitled, or in a | 23 | | greater amount than that
to which he or it is entitled, shall | 24 | | be liable for repayment of any excess
benefits or payments | 25 | | received and, in addition to any other penalties provided
by | 26 | | law, civil penalties consisting of (1) the interest on the |
| | | HB5049 Engrossed | - 10 - | LRB102 22605 KTG 31748 b |
|
| 1 | | amount of
excess benefits or payments at the maximum legal | 2 | | rate in effect on the date
the payment was made to such person, | 3 | | firm, corporation, association, agency,
institution or other | 4 | | legal entity for the period from the date upon which
payment | 5 | | was 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 | 7 | | benefits or
payments, and (3) the sum of $2,000 for each | 8 | | excessive claim for benefits
or payments. Upon entry of a | 9 | | judgment for repayment of any excess benefits
or payments, or | 10 | | for any civil penalties assessed by the court, a lien shall
| 11 | | attach to all property and assets of such person, firm, | 12 | | corporation,
association, agency, institution or other legal | 13 | | entity until the judgment is satisfied.
| 14 | | (c) Civil recoveries provided for in this Section may be | 15 | | recoverable in
court proceedings initiated by the Attorney | 16 | | General or, in actions
involving a local governmental unit, by | 17 | | the State's Attorney.
| 18 | | (d) Any person who commits the offense of vendor fraud or | 19 | | recipient
fraud as defined in Section 8A-2 and Section 8A-3 of | 20 | | this Article shall
forfeit, according to the provisions
of | 21 | | this subsection, any monies, profits or proceeds, and any | 22 | | interest or
property which the sentencing court determines he | 23 | | has acquired or maintained,
directly or indirectly, in whole | 24 | | or in part as a result of such offense.
Such person shall also | 25 | | forfeit any interest in, securities of, claim against,
or | 26 | | contractual right of any kind which affords him a source of |
| | | HB5049 Engrossed | - 11 - | LRB102 22605 KTG 31748 b |
|
| 1 | | influence
over, any enterprise which he has established, | 2 | | operated, controlled, conducted,
or participated in | 3 | | conducting, where his relationship to or connection with
any | 4 | | such thing or activity directly or indirectly, in whole or in | 5 | | part,
is traceable to any thing or benefit which he has | 6 | | obtained or acquired through
vendor fraud or recipient fraud.
| 7 | | Proceedings instituted pursuant to this subsection shall | 8 | | be subject to
and conducted in accordance with the following | 9 | | procedures:
| 10 | | (1) The sentencing court shall, upon petition by the | 11 | | Attorney General
or State's Attorney at any time following | 12 | | sentencing, conduct a hearing
to determine whether any | 13 | | property or property interest is subject to forfeiture
under | 14 | | this subsection. At the forfeiture hearing the People shall | 15 | | have
the burden of establishing, by a preponderance of the | 16 | | evidence, that the
property or property interests are subject | 17 | | to such forfeiture.
| 18 | | (2) In any action brought by the People of the State of | 19 | | Illinois under
this Section, in which any restraining order, | 20 | | injunction or prohibition or
any other action in connection | 21 | | with any property or interest subject to
forfeiture under this | 22 | | subsection is sought, the circuit court presiding
over the | 23 | | trial of the person charged with recipient fraud or
vendor | 24 | | fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
| 25 | | first determine whether there is probable cause to believe | 26 | | that the person
so charged has committed the offense of |
| | | HB5049 Engrossed | - 12 - | LRB102 22605 KTG 31748 b |
|
| 1 | | recipient fraud or
vendor fraud and whether the property or | 2 | | interest is subject to forfeiture
under this subsection. To | 3 | | make such a determination, prior to
entering any such order, | 4 | | the court shall conduct a hearing without a jury,
at which the | 5 | | People shall establish that there is (i) probable cause that
| 6 | | the person so charged has committed the offense of recipient
| 7 | | fraud or vendor fraud and (ii) probable cause that any | 8 | | property or interest
may be subject to forfeiture pursuant to | 9 | | this subsection. Such hearing may
be conducted simultaneously | 10 | | with a preliminary hearing, if the prosecution
is commenced by | 11 | | information or complaint, or by motion of the People at any
| 12 | | stage in the proceedings. The court may accept a finding of | 13 | | probable cause
at a preliminary hearing following the filing | 14 | | of an information charging
the offense of recipient fraud or | 15 | | vendor fraud as defined in Sections 8A-2
or 8A-3 or the return | 16 | | of an indictment by a grand jury charging the offense
of | 17 | | recipient fraud or vendor fraud as defined in Sections 8A-2 or | 18 | | 8A-3 of
this Article as sufficient evidence of probable cause | 19 | | as provided in item
(i) above. Upon such a finding, the circuit | 20 | | court shall enter such
restraining order, injunction or | 21 | | prohibition, or shall take such other
action in connection | 22 | | with any such property or other interest subject to
forfeiture | 23 | | under this Act as is necessary to insure that such property is
| 24 | | not removed from the jurisdiction of the court, concealed, | 25 | | destroyed or
otherwise disposed of by the owner of that | 26 | | property or interest prior to a
forfeiture hearing under this |
| | | HB5049 Engrossed | - 13 - | LRB102 22605 KTG 31748 b |
|
| 1 | | subsection. The Attorney General or State's
Attorney shall | 2 | | file a certified copy of such restraining order, injunction
or | 3 | | other prohibition with the recorder of deeds or registrar of | 4 | | titles of
each county where any such property of the defendant | 5 | | may be located. No
such injunction, restraining order or other | 6 | | prohibition shall affect the
rights of any bonafide purchaser, | 7 | | mortgagee, judgement creditor or other
lien holder arising | 8 | | prior to the date of such filing. The court may, at
any time, | 9 | | upon verified petition by the defendant, conduct a hearing to
| 10 | | determine whether all or portions of any such property or | 11 | | interest which
the court previously determined to be subject | 12 | | to forfeiture
or subject to any restraining order, injunction, | 13 | | or prohibition or other
action, should be released. The court | 14 | | may in its discretion release such
property to the defendant | 15 | | for good cause shown.
| 16 | | (3) Upon conviction of a person under this Article, the | 17 | | court shall
authorize the Director of the Illinois State | 18 | | Police to seize
all property or other interest declared | 19 | | forfeited under this subsection upon
such terms and conditions | 20 | | as the court shall deem proper.
| 21 | | (4) The Director of the Illinois State Police is
| 22 | | authorized to sell all property forfeited and seized pursuant | 23 | | to this
subsection, unless such property is
required by law to | 24 | | be destroyed or is harmful to the public.
After the deduction | 25 | | of all requisite expenses of administration and
sale, the | 26 | | court shall order the Director to distribute to the Illinois
|
| | | HB5049 Engrossed | - 14 - | LRB102 22605 KTG 31748 b |
|
| 1 | | Department an amount from the proceeds of the forfeited | 2 | | property, or monies
forfeited or seized, which will satisfy | 3 | | any unsatisfied court order of
restitution entered pursuant to | 4 | | a conviction under this Article. If the
proceeds are less than | 5 | | the amount necessary to satisfy the order of
restitution, the | 6 | | Director shall distribute to the Illinois Department the
| 7 | | entire amount of the remaining proceeds. The Director shall | 8 | | distribute any
remaining proceeds of such sale, along with any | 9 | | monies forfeited or seized,
in accordance with the following | 10 | | schedules:
| 11 | | (a) 25% shall be distributed to the unit of local | 12 | | government whose
officers or employees conducted the | 13 | | investigation into recipient fraud or
vendor fraud and caused | 14 | | the arrest or arrests and prosecution leading to
the | 15 | | forfeiture. Amounts distributed to units of local government | 16 | | shall be
used solely for enforcement matters relating to | 17 | | detection, investigation or
prosecution of recipient fraud or | 18 | | vendor fraud as defined in Section 8A-2
or 8A-3 of this | 19 | | Article. Where the investigation, arrest or arrests leading to
| 20 | | the prosecution and forfeiture is undertaken solely by the | 21 | | Office of the Attorney General Illinois State Police , the | 22 | | portion provided hereunder shall be paid
into the Medicaid | 23 | | Fraud and Abuse Prevention Fund, which is hereby created
in | 24 | | the State treasury. Monies from this fund shall be used by the
| 25 | | Office of the Attorney General Illinois State Police for the | 26 | | furtherance of enforcement matters
relating to detection, |
| | | HB5049 Engrossed | - 15 - | LRB102 22605 KTG 31748 b |
|
| 1 | | investigation or prosecution of recipient fraud or
vendor | 2 | | fraud. Monies directed to this fund shall be used in addition | 3 | | to,
and not as a substitute for, funds annually appropriated | 4 | | to the Office of the Attorney General Illinois State Police | 5 | | for medicaid fraud enforcement.
| 6 | | (b) 25% shall be distributed to the county in which the | 7 | | prosecution and
petition for forfeiture resulting in the | 8 | | forfeiture was instituted,
and deposited in a special fund in | 9 | | the county treasury
and appropriated to the State's Attorney | 10 | | for use solely in enforcement
matters relating to detection, | 11 | | investigation or prosecution of recipient
fraud or vendor | 12 | | fraud; however, if the Attorney General brought the
| 13 | | prosecution resulting in the forfeiture, the portion provided | 14 | | hereunder
shall be paid into the Medicaid Fraud and Abuse | 15 | | Prevention Fund, to be used
by the Medicaid Fraud Control Unit | 16 | | of the Office of the Attorney General Illinois State Police
| 17 | | for enforcement matters relating to detection, investigation | 18 | | or prosecution
of recipient fraud or vendor fraud. Where the | 19 | | Attorney General and a
State's Attorney have jointly | 20 | | participated in any portion of the
proceedings, 12.5% shall be | 21 | | distributed to the county in which the
prosecution resulting | 22 | | in the forfeiture was instituted, and used as
specified | 23 | | herein, and 12.5% shall be paid into the Medicaid Fraud and | 24 | | Abuse
Prevention Fund, and used as specified herein.
| 25 | | (c) 50% shall be transmitted to the State Treasurer for | 26 | | deposit 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 | 3 | | changing 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 | 7 | | State
government; the system of State colleges and | 8 | | universities, any school district, community college district, | 9 | | county, municipality, municipal corporation, unit of local | 10 | | government, and any combination of the above under an | 11 | | intergovernmental agreement that includes provisions for a | 12 | | governing 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 | 15 | | investigator for
the purpose of ascertaining whether any | 16 | | person is or has been engaged in
any violation of this Act.
| 17 | | (d) "Investigator" means a person who is charged by the | 18 | | Attorney General or the Illinois State Police with the duty of | 19 | | conducting any investigation under this Act, or
any officer or | 20 | | employee of the State acting under the direction and
| 21 | | supervision of the Attorney General or the Illinois State | 22 | | Police , in the course of
an investigation.
| 23 | | (e) "Documentary material" includes the original or any | 24 | | copy of any
book, record, report, memorandum, paper, |
| | | HB5049 Engrossed | - 17 - | LRB102 22605 KTG 31748 b |
|
| 1 | | communication, tabulation,
chart, or other document, or data | 2 | | compilations stored in or accessible
through computer or other | 3 | | information retrieval systems, together with
instructions and | 4 | | all other materials necessary to use or interpret such
data | 5 | | compilations, and any product of discovery.
| 6 | | (f) "Custodian" means the custodian, or any deputy | 7 | | custodian, 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 | 24 | | Illinois State Police . The Attorney General or the Illinois | 25 | | State Police shall diligently investigate
a civil violation |
| | | HB5049 Engrossed | - 18 - | LRB102 22605 KTG 31748 b |
|
| 1 | | under Section 3. If the Attorney General finds that a person | 2 | | violated or is violating Section 3, the Attorney General may | 3 | | bring a civil action under this Section
against the person.
| 4 | | The State shall receive an amount for reasonable expenses | 5 | | that the court finds to have been necessarily incurred by the | 6 | | Attorney General, including reasonable attorneys' fees and | 7 | | costs. All such expenses, fees, and costs shall be awarded | 8 | | against the defendant. The court may award amounts from the | 9 | | proceeds of an action or settlement that it considers | 10 | | appropriate to any governmental entity or program that has | 11 | | been adversely affected by a defendant. The Attorney General, | 12 | | if necessary, shall direct the State Treasurer to make a | 13 | | disbursement of funds as provided in court orders or | 14 | | settlement 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 | 19 | | not liable for
expenses which a person incurs in bringing an | 20 | | action 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
| 18 | | subsection (a) may be served by any person so authorized by the | 19 | | Attorney
General or by any person authorized
to serve process | 20 | | on individuals within Illinois, through any method
prescribed | 21 | | in the Code of Civil Procedure or as otherwise set forth in | 22 | | this
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 | 26 | | serving any
subpoena issued under subsection (a) or any
|
| | | HB5049 Engrossed | - 34 - | LRB102 22605 KTG 31748 b |
|
| 1 | | petition
filed under subsection (j) setting forth the manner | 2 | | of such service shall
be proof of such service. In the case of | 3 | | service by registered or certified
mail, such return shall be | 4 | | accompanied by the return post office receipt of
delivery of | 5 | | such 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
| 11 | | served under this Section shall be answered separately and | 12 | | fully in writing
under oath and shall be submitted under a | 13 | | sworn 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.
| 19 | | If any interrogatory is objected to, the reasons for the | 20 | | objection shall
be stated in the certificate instead of an | 21 | | answer. The certificate shall state
that all information | 22 | | required by the subpoena and in the
possession, custody,
| 23 | | control, or knowledge of the person to whom the demand is | 24 | | directed has been
submitted. To the extent that any | 25 | | information is not furnished, the
information shall be | 26 | | identified and reasons set forth with particularity
regarding |
| | | HB5049 Engrossed | - 36 - | LRB102 22605 KTG 31748 b |
|
| 1 | | the 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, | 10 | | answers to written
interrogatories, or oral testimony provided | 11 | | under any subpoena issued under subsection (a) shall be exempt | 12 | | from disclosure under
the Illinois Administrative Procedure | 13 | | Act.
| 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 | 18 | | and Protection
Fund to be held outside of the State Treasury | 19 | | with the State Treasurer as custodian. All proceeds of an | 20 | | action or
settlement of a claim brought under this Act shall be | 21 | | deposited in the Fund. Any attorneys' fees, expenses, and | 22 | | costs paid by or awarded against any defendant pursuant to | 23 | | Section 4 of this Act shall not be considered part of the | 24 | | proceeds 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 |
|
| 1 | | Monies in the Fund shall be allocated as
follows: One-sixth of | 2 | | the monies shall be paid to the Attorney General Whistleblower | 3 | | Reward and Protection Fund, which is hereby created as a | 4 | | special fund in the State Treasury, and
one-sixth of the | 5 | | monies shall be paid to the State Police Whistleblower Reward | 6 | | and Protection Fund, which is hereby created as a special fund | 7 | | in the State Treasury, for
State law enforcement purposes. The | 8 | | remaining two-thirds of the monies in
the Fund shall be used | 9 | | for payment of awards to Qui Tam
plaintiffs and as otherwise | 10 | | specified in
this Act, with any remainder to the General | 11 | | Revenue Fund. The Attorney General shall direct the State | 12 | | Treasurer to make
disbursement of funds.
| 13 | | (c) For all cases settled on or after October 1, 2023, | 14 | | monies in the Fund shall be allocated as
follows: One-third of | 15 | | the monies shall be paid to the Attorney General Whistleblower | 16 | | Reward and Protection Fund. The remaining two-thirds of the | 17 | | monies in
the Fund shall be used for payment of awards to Qui | 18 | | Tam
plaintiffs and as otherwise specified in
this Act, with | 19 | | any remainder to the General Revenue Fund. The Attorney | 20 | | General shall direct the State Treasurer to make
disbursement | 21 | | of funds. | 22 | | (Source: P.A. 101-148, eff. 7-26-19.)
|
|