Illinois General Assembly - Full Text of HB5049
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Full Text of HB5049  102nd General Assembly


Rep. Fred Crespo

Filed: 3/1/2022





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2    AMENDMENT NO. ______. Amend House Bill 5049 by replacing
3everything after the enacting clause with the following:
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



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1functions is completed.
2    (b) Effect of transfer. Neither the functions of the
3Medicaid Fraud Control Unit, nor the powers, duties, rights,
4and responsibilities relating to those functions, that are
5transferred from the Illinois State Police to the Office of
6the Attorney General under this Section are affected by this
7amendatory Act of the 102nd General Assembly, except that all
8such functions, powers, duties, rights, and responsibilities
9shall be performed or exercised within the Office of the
10Attorney General on and after October 1, 2023.
11    (c) Personnel transferred. The status and rights of the
12employees in the Illinois State Police engaged in the
13performance of functions relating to the Medicaid Fraud
14Control Unit shall not be affected by the transfer of those
15functions from the Illinois State Police to the Office of the
16Attorney General under this Section. The rights of those
17employees as derived from the State of Illinois and its
18agencies under the Personnel Code, the applicable collective
19bargaining agreements, or any pension, retirement, or annuity
20plan shall not be affected by this Section.
21    (d) Books and records transferred. All books, records,
22papers, documents, contracts, and pending business pertaining
23to the Medicaid Fraud Control Unit within the Illinois State
24Police, including, but not limited to, material in electronic
25or magnetic format, shall be transferred to the Office of the
26Attorney General. The transfer of that information shall not,



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1however, violate any applicable confidentiality constraints.
2    (e) Unexpended moneys transferred. All unexpended
3appropriation balances and other funds otherwise available to
4the Illinois State Police for use in connection with the
5Medicaid Fraud Control Unit shall be transferred and made
6available to the Office of the Attorney General for use in
7connection with the Medicaid Fraud Control Unit.
8    (f) Exercise of transferred powers; savings provisions.
9The powers, duties, rights, and responsibilities relating to
10the Medicaid Fraud Control Unit transferred from the Illinois
11State Police to the Office of the Attorney General under this
12Section are vested in and shall be exercised by the Office of
13the Attorney General. Each act done in exercise of those
14powers, duties, rights, and responsibilities shall have the
15same legal effect as if done by the Illinois State Police or
16its divisions, officers, or employees.
17    (g) Officers and others; duties; penalties. Every
18employee, agent, or officer of the Office of the Attorney
19General is subject to the same obligations and duties, and has
20the same rights, as are prescribed by law in connection with
21the exercise of any power, duty, right, or responsibility
22transferred under this Section.
23    Every employee, agent, or officer of the Office of the
24Attorney General is subject to the same penalty or penalties,
25civil or criminal, as are prescribed by law for the same
26offense by any employee, agent, or officer whose powers,



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1duties, rights, or responsibilities are transferred under this
3    (h) Reports, notices, or papers. Whenever reports or
4notices are required to be made or given or papers or documents
5furnished or served by any person to or upon the Illinois State
6Police in connection with any of the functions relating to the
7Medicaid Fraud Control Unit, the same shall be made, given,
8furnished, or served in the same manner to or upon the Office
9of the Attorney General.
10    (i) Acts and actions unaffected by transfer. This Section
11does not affect any act completed, ratified, or canceled, or
12any right occurring or established, before October 1, 2023 in
13connection with any function transferred under this Section.
14This Section does not affect any action or proceeding had or
15commenced before October 1, 2023 in an administrative, civil,
16or criminal cause regarding any function transferred under
17this Section, but any such action or proceeding may be
18continued by the Office of the Attorney General.
19    (j) For the purposes of the Successor Agency Act, the
20Office of the Attorney General is declared to be the successor
21agency of the Illinois State Police, but only with respect to
22the functions that are transferred to the Office of the
23Attorney General under this Section.
24    Section 10. The Illinois Act on the Aging is amended by
25changing Section 4.04a as follows:



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1    (20 ILCS 105/4.04a)
2    Sec. 4.04a. Illinois Long-Term Care Council.
3    (a) Purpose. The purpose of this Section is to ensure that
4consumers over the age of 60 residing in facilities licensed
5or regulated under the Nursing Home Care Act, Skilled Nursing
6and Intermediate Care Facilities Code, Sheltered Care
7Facilities Code, and the Illinois Veterans' Homes Code receive
8high quality long-term care through an effective Illinois
9Long-Term Care Council.
10    (b) Maintenance and operation of the Illinois Long-Term
11Care Council.
12        (1) The Department shall develop a fair and impartial
13    process for recruiting and receiving nominations for
14    members for the Illinois Long-Term Care Council from the
15    State Long-Term Care Ombudsman, the area agencies on
16    aging, regional ombudsman programs, provider agencies, and
17    other public agencies, using a nomination form provided by
18    the Department.
19        (2) The Department shall appoint members to the
20    Illinois Long-Term Care Council in a timely manner.
21        (3) The Department shall consider and act in good
22    faith regarding the Illinois Long-Term Care Council's
23    annual report and its recommendations.
24        (4) The Director shall appoint to the Illinois
25    Long-Term Care Council at least 18 but not more than 25



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1    members.
2    (c) Responsibilities of the State Long-Term Care
3Ombudsman, area agencies on aging, regional long-term care
4ombudsman programs, and provider agencies. The State Long-Term
5Care Ombudsman and each area agency on aging, regional
6long-term care ombudsman program, and provider agency shall
7solicit names and recommend members to the Department for
8appointment to the Illinois Long-Term Care Council.
9    (d) Powers and duties. The Illinois Long-Term Care Council
10shall do the following:
11        (1) Make recommendations and comment on issues
12    pertaining to long-term care and the State Long-Term Care
13    Ombudsman Program to the Department.
14        (2) Advise the Department on matters pertaining to the
15    quality of life and quality of care in the continuum of
16    long-term care.
17        (3) Evaluate, comment on reports regarding, and make
18    recommendations on, the quality of life and quality of
19    care in long-term care facilities and on the duties and
20    responsibilities of the State Long-Term Care Ombudsman
21    Program.
22        (4) Prepare and circulate an annual report to the
23    Governor, the General Assembly, and other interested
24    parties concerning the duties and accomplishments of the
25    Illinois Long-Term Care Council and all other related
26    matters pertaining to long-term care and the protection of



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1    residents' rights.
2        (5) Provide an opportunity for public input at each
3    scheduled meeting.
4        (6) Make recommendations to the Director, upon his or
5    her request, as to individuals who are capable of serving
6    as the State Long-Term Care Ombudsman and who should make
7    appropriate application for that position should it become
8    vacant.
9    (e) Composition and operation. The Illinois Long-Term Care
10Council shall be composed of at least 18 but not more than 25
11members concerned about the quality of life in long-term care
12facilities and protecting the rights of residents, including
13members from long-term care facilities. The State Long-Term
14Care Ombudsman shall be a permanent member of the Long-Term
15Care Council. Members shall be appointed for a 4-year term
16with initial appointments staggered with 2-year, 3-year, and
174-year terms. A lottery will determine the terms of office for
18the members of the first term. Members may be reappointed to a
19term but no member may be reappointed to more than 2
20consecutive terms. The Illinois Long-Term Care Council shall
21meet a minimum of 3 times per calendar year.
22    (f) Member requirements. All members shall be individuals
23who have demonstrated concern about the quality of life in
24long-term care facilities. A minimum of 3 members must be
25current or former residents of long-term care facilities or
26the family member of a current or former resident of a



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1long-term care facility. A minimum of 2 members shall
2represent current or former long-term care facility resident
3councils or family councils. A minimum of 4 members shall be
4selected from recommendations by organizations whose members
5consist of long-term care facilities. A representative of
6long-term care facility employees must also be included as a
7member. A minimum of 2 members shall be selected from
8recommendations of membership-based senior advocacy groups or
9consumer organizations that engage solely in legal
10representation on behalf of residents and immediate families.
11There shall be non-voting State agency members on the
12Long-Term Care Council from the following agencies: (i) the
13Department of Veterans' Affairs; (ii) the Department of Human
14Services; (iii) the Department of Public Health; (iv) the
15Department on Aging; (v) the Department of Healthcare and
16Family Services; (vi) the Office of the Attorney General
17Illinois State Police Medicaid Fraud Control Unit; and (vii)
18others as appropriate.
19(Source: P.A. 95-331, eff. 8-21-07.)
20    Section 15. The Illinois Public Aid Code is amended by
21changing Section 8A-7 as follows:
22    (305 ILCS 5/8A-7)  (from Ch. 23, par. 8A-7)
23    Sec. 8A-7. Civil Remedies. (a) A person who receives
24financial aid by means of a false statement, willful



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1misrepresentation or by his failure to notify the county
2department or local governmental unit, as the case may be, of a
3change in his status as required by Sections 11-18 and 11-19,
4for the purpose of preventing the denial, cancellation or
5suspension of his grant, or a variation in the amount thereof,
6or by other fraudulent device, or a person who knowingly aids
7or abets any person in obtaining financial aid for which he is
8not eligible, shall be answerable to the county department or
9the local governmental unit, as the case may be, for refunding
10the entire amount of aid received. If the refund is not made,
11it shall be recoverable in a civil action from the person who
12received the aid, or from anyone who willfully aided such
13person to obtain the aid. If an act which would be unlawful
14under Section 8A-2 is proven, the court may as a penalty assess
15an additional sum of money, not to exceed the entire amount of
16aid provided, against the recipient or against any person who
17willfully aided the recipient. If assessed, the penalty shall
18be included in any judgment entered for the aid received, and
19paid to the county department or the local governmental unit,
20as the case may be. Upon entry of the judgment a lien shall
21attach to all property and assets of such person until the
22judgment is satisfied.
23    (b) Any person, firm, corporation, association, agency,
24institution or other legal entity, other than an individual
25recipient, that willfully, by means of a false statement or
26representation, or by concealment of any material fact or by



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1other fraudulent scheme or device on behalf of himself or
2others, obtains or attempts to obtain benefits or payments
3under this Code to which he or it is not entitled, or in a
4greater amount than that to which he or it is entitled, shall
5be liable for repayment of any excess benefits or payments
6received and, in addition to any other penalties provided by
7law, civil penalties consisting of (1) the interest on the
8amount of excess benefits or payments at the maximum legal
9rate in effect on the date the payment was made to such person,
10firm, corporation, association, agency, institution or other
11legal entity for the period from the date upon which payment
12was made to the date upon which repayment is made to the State,
13(2) an amount not to exceed 3 times the amount of such excess
14benefits or payments, and (3) the sum of $2,000 for each
15excessive claim for benefits or payments. Upon entry of a
16judgment for repayment of any excess benefits or payments, or
17for any civil penalties assessed by the court, a lien shall
18attach to all property and assets of such person, firm,
19corporation, association, agency, institution or other legal
20entity until the judgment is satisfied.
21    (c) Civil recoveries provided for in this Section may be
22recoverable in court proceedings initiated by the Attorney
23General or, in actions involving a local governmental unit, by
24the State's Attorney.
25    (d) Any person who commits the offense of vendor fraud or
26recipient fraud as defined in Section 8A-2 and Section 8A-3 of



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1this Article shall forfeit, according to the provisions of
2this subsection, any monies, profits or proceeds, and any
3interest or property which the sentencing court determines he
4has acquired or maintained, directly or indirectly, in whole
5or in part as a result of such offense. Such person shall also
6forfeit any interest in, securities of, claim against, or
7contractual right of any kind which affords him a source of
8influence over, any enterprise which he has established,
9operated, controlled, conducted, or participated in
10conducting, where his relationship to or connection with any
11such thing or activity directly or indirectly, in whole or in
12part, is traceable to any thing or benefit which he has
13obtained or acquired through vendor fraud or recipient fraud.
14    Proceedings instituted pursuant to this subsection shall
15be subject to and conducted in accordance with the following
17    (1) The sentencing court shall, upon petition by the
18Attorney General or State's Attorney at any time following
19sentencing, conduct a hearing to determine whether any
20property or property interest is subject to forfeiture under
21this subsection. At the forfeiture hearing the People shall
22have the burden of establishing, by a preponderance of the
23evidence, that the property or property interests are subject
24to such forfeiture.
25    (2) In any action brought by the People of the State of
26Illinois under this Section, in which any restraining order,



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1injunction or prohibition or any other action in connection
2with any property or interest subject to forfeiture under this
3subsection is sought, the circuit court presiding over the
4trial of the person charged with recipient fraud or vendor
5fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
6first determine whether there is probable cause to believe
7that the person so charged has committed the offense of
8recipient fraud or vendor fraud and whether the property or
9interest is subject to forfeiture under this subsection. To
10make such a determination, prior to entering any such order,
11the court shall conduct a hearing without a jury, at which the
12People shall establish that there is (i) probable cause that
13the person so charged has committed the offense of recipient
14fraud or vendor fraud and (ii) probable cause that any
15property or interest may be subject to forfeiture pursuant to
16this subsection. Such hearing may be conducted simultaneously
17with a preliminary hearing, if the prosecution is commenced by
18information or complaint, or by motion of the People at any
19stage in the proceedings. The court may accept a finding of
20probable cause at a preliminary hearing following the filing
21of an information charging the offense of recipient fraud or
22vendor fraud as defined in Sections 8A-2 or 8A-3 or the return
23of an indictment by a grand jury charging the offense of
24recipient fraud or vendor fraud as defined in Sections 8A-2 or
258A-3 of this Article as sufficient evidence of probable cause
26as provided in item (i) above. Upon such a finding, the circuit



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1court shall enter such restraining order, injunction or
2prohibition, or shall take such other action in connection
3with any such property or other interest subject to forfeiture
4under this Act as is necessary to insure that such property is
5not removed from the jurisdiction of the court, concealed,
6destroyed or otherwise disposed of by the owner of that
7property or interest prior to a forfeiture hearing under this
8subsection. The Attorney General or State's Attorney shall
9file a certified copy of such restraining order, injunction or
10other prohibition with the recorder of deeds or registrar of
11titles of each county where any such property of the defendant
12may be located. No such injunction, restraining order or other
13prohibition shall affect the rights of any bonafide purchaser,
14mortgagee, judgement creditor or other lien holder arising
15prior to the date of such filing. The court may, at any time,
16upon verified petition by the defendant, conduct a hearing to
17determine whether all or portions of any such property or
18interest which the court previously determined to be subject
19to forfeiture or subject to any restraining order, injunction,
20or prohibition or other action, should be released. The court
21may in its discretion release such property to the defendant
22for good cause shown.
23    (3) Upon conviction of a person under this Article, the
24court shall authorize the Director of the Illinois State
25Police to seize all property or other interest declared
26forfeited under this subsection upon such terms and conditions



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1as the court shall deem proper.
2    (4) The Director of the Illinois State Police is
3authorized to sell all property forfeited and seized pursuant
4to this subsection, unless such property is required by law to
5be destroyed or is harmful to the public. After the deduction
6of all requisite expenses of administration and sale, the
7court shall order the Director to distribute to the Illinois
8Department an amount from the proceeds of the forfeited
9property, or monies forfeited or seized, which will satisfy
10any unsatisfied court order of restitution entered pursuant to
11a conviction under this Article. If the proceeds are less than
12the amount necessary to satisfy the order of restitution, the
13Director shall distribute to the Illinois Department the
14entire amount of the remaining proceeds. The Director shall
15distribute any remaining proceeds of such sale, along with any
16monies forfeited or seized, in accordance with the following
18    (a) 25% shall be distributed to the unit of local
19government whose officers or employees conducted the
20investigation into recipient fraud or vendor fraud and caused
21the arrest or arrests and prosecution leading to the
22forfeiture. Amounts distributed to units of local government
23shall be used solely for enforcement matters relating to
24detection, investigation or prosecution of recipient fraud or
25vendor fraud as defined in Section 8A-2 or 8A-3 of this
26Article. Where the investigation, arrest or arrests leading to



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



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1participated in any portion of the proceedings, 12.5% shall be
2distributed to the county in which the prosecution resulting
3in the forfeiture was instituted, and used as specified
4herein, and 12.5% shall be paid into the Medicaid Fraud and
5Abuse Prevention Fund, and used as specified herein.
6    (c) 50% shall be transmitted to the State Treasurer for
7deposit in the General Revenue Fund.
8(Source: P.A. 102-538, eff. 8-20-21.)
9    Section 20. The Illinois False Claims Act is amended by
10changing Sections 2, 4, 6, and 8 as follows:
11    (740 ILCS 175/2)  (from Ch. 127, par. 4102)
12    Sec. 2. Definitions. As used in this Act:
13    (a) "State" means the State of Illinois; any agency of
14State government; the system of State colleges and
15universities, any school district, community college district,
16county, municipality, municipal corporation, unit of local
17government, and any combination of the above under an
18intergovernmental agreement that includes provisions for a
19governing body of the agency created by the agreement.
20    (b) "Guard" means the Illinois National Guard.
21    (c) "Investigation" means any inquiry conducted by any
22investigator for the purpose of ascertaining whether any
23person is or has been engaged in any violation of this Act.
24    (d) "Investigator" means a person who is charged by the



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1Attorney General or the Illinois State Police with the duty of
2conducting any investigation under this Act, or any officer or
3employee of the State acting under the direction and
4supervision of the Attorney General or the Illinois State
5Police, in the course of an investigation.
6    (e) "Documentary material" includes the original or any
7copy of any book, record, report, memorandum, paper,
8communication, tabulation, chart, or other document, or data
9compilations stored in or accessible through computer or other
10information retrieval systems, together with instructions and
11all other materials necessary to use or interpret such data
12compilations, and any product of discovery.
13    (f) "Custodian" means the custodian, or any deputy
14custodian, designated by the Attorney General under subsection
15(i)(1) of Section 6.
16    (g) "Product of discovery" includes:
17        (1) the original or duplicate of any deposition,
18    interrogatory, document, thing, result of the inspection
19    of land or other property, examination, or admission,
20    which is obtained by any method of discovery in any
21    judicial or administrative proceeding of an adversarial
22    nature;
23        (2) any digest, analysis, selection, compilation, or
24    derivation of any item listed in paragraph (1); and
25        (3) any index or other manner of access to any item
26    listed in paragraph (1).



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1(Source: P.A. 102-538, eff. 8-20-21.)
2    (740 ILCS 175/4)  (from Ch. 127, par. 4104)
3    Sec. 4. Civil actions for false claims.
4    (a) Responsibilities of the Attorney General and the
5Illinois State Police. The Attorney General or the Illinois
6State Police shall diligently investigate a civil violation
7under Section 3. If the Attorney General finds that a person
8violated or is violating Section 3, the Attorney General may
9bring a civil action under this Section against the person.
10    The State shall receive an amount for reasonable expenses
11that the court finds to have been necessarily incurred by the
12Attorney General, including reasonable attorneys' fees and
13costs. All such expenses, fees, and costs shall be awarded
14against the defendant. The court may award amounts from the
15proceeds of an action or settlement that it considers
16appropriate to any governmental entity or program that has
17been adversely affected by a defendant. The Attorney General,
18if necessary, shall direct the State Treasurer to make a
19disbursement of funds as provided in court orders or
20settlement agreements.
21    (b) Actions by private persons.
22        (1) A person may bring a civil action for a violation
23    of Section 3 for the person and for the State. The action
24    shall be brought in the name of the State. The action may
25    be dismissed only if the court and the Attorney General



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1    give written consent to the dismissal and their reasons
2    for consenting.
3        (2) A copy of the complaint and written disclosure of
4    substantially all material evidence and information the
5    person possesses shall be served on the State. The
6    complaint shall be filed in camera, shall remain under
7    seal for at least 60 days, and shall not be served on the
8    defendant until the court so orders. The State may elect
9    to intervene and proceed with the action within 60 days
10    after it receives both the complaint and the material
11    evidence and information.
12        (3) The State may, for good cause shown, move the
13    court for extensions of the time during which the
14    complaint remains under seal under paragraph (2). Any such
15    motions may be supported by affidavits or other
16    submissions in camera. The defendant shall not be required
17    to respond to any complaint filed under this Section until
18    20 days after the complaint is unsealed and served upon
19    the defendant.
20        (4) Before the expiration of the 60-day period or any
21    extensions obtained under paragraph (3), the State shall:
22            (A) proceed with the action, in which case the
23        action shall be conducted by the State; or
24            (B) notify the court that it declines to take over
25        the action, in which case the person bringing the
26        action shall have the right to conduct the action.



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1        (5) When a person brings an action under this
2    subsection (b), no person other than the State may
3    intervene or bring a related action based on the facts
4    underlying the pending action.
5    (c) Rights of the parties to Qui Tam actions.
6        (1) If the State proceeds with the action, it shall
7    have the primary responsibility for prosecuting the
8    action, and shall not be bound by an act of the person
9    bringing the action. Such person shall have the right to
10    continue as a party to the action, subject to the
11    limitations set forth in paragraph (2).
12        (2)(A) The State may dismiss the action
13    notwithstanding the objections of the person initiating
14    the action if the person has been notified by the State of
15    the filing of the motion and the court has provided the
16    person with an opportunity for a hearing on the motion.
17        (B) The State may settle the action with the defendant
18    notwithstanding the objections of the person initiating
19    the action if the court determines, after a hearing, that
20    the proposed settlement is fair, adequate, and reasonable
21    under all the circumstances. Upon a showing of good cause,
22    such hearing may be held in camera.
23        (C) Upon a showing by the State that unrestricted
24    participation during the course of the litigation by the
25    person initiating the action would interfere with or
26    unduly delay the State's prosecution of the case, or would



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1    be repetitious, irrelevant, or for purposes of harassment,
2    the court may, in its discretion, impose limitations on
3    the person's participation, such as:
4            (i) limiting the number of witnesses the person
5        may call:
6            (ii) limiting the length of the testimony of such
7        witnesses;
8            (iii) limiting the person's cross-examination of
9        witnesses; or
10            (iv) otherwise limiting the participation by the
11        person in the litigation.
12        (D) Upon a showing by the defendant that unrestricted
13    participation during the course of the litigation by the
14    person initiating the action would be for purposes of
15    harassment or would cause the defendant undue burden or
16    unnecessary expense, the court may limit the participation
17    by the person in the litigation.
18        (3) If the State elects not to proceed with the
19    action, the person who initiated the action shall have the
20    right to conduct the action. If the State so requests, it
21    shall be served with copies of all pleadings filed in the
22    action and shall be supplied with copies of all deposition
23    transcripts (at the State's expense). When a person
24    proceeds with the action, the court, without limiting the
25    status and rights of the person initiating the action, may
26    nevertheless permit the State to intervene at a later date



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



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1    has been finally determined on appeal to the appropriate
2    court, if all time for filing such an appeal with respect
3    to the finding or conclusion has expired, or if the
4    finding or conclusion is not subject to judicial review.
5    (d) Award to Qui Tam plaintiff.
6        (1) If the State proceeds with an action brought by a
7    person under subsection (b), such person shall, subject to
8    the second sentence of this paragraph, receive at least
9    15% but not more than 25% of the proceeds of the action or
10    settlement of the claim, depending upon the extent to
11    which the person substantially contributed to the
12    prosecution of the action. Where the action is one which
13    the court finds to be based primarily on disclosures of
14    specific information (other than information provided by
15    the person bringing the action) relating to allegations or
16    transactions in a criminal, civil, or administrative
17    hearing, in a legislative, administrative, or Auditor
18    General's report, hearing, audit, or investigation, or
19    from the news media, the court may award such sums as it
20    considers appropriate, but in no case more than 10% of the
21    proceeds, taking into account the significance of the
22    information and the role of the person bringing the action
23    in advancing the case to litigation. Any payment to a
24    person under the first or second sentence of this
25    paragraph (1) shall be made from the proceeds. Any such
26    person shall also receive an amount for reasonable



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



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1    governmental entity or program that has been adversely
2    affected by a defendant. The Attorney General, if
3    necessary, shall direct the State Treasurer to make a
4    disbursement of funds as provided in court orders or
5    settlement agreements.
6        (3) Whether or not the State proceeds with the action,
7    if the court finds that the action was brought by a person
8    who planned and initiated the violation of Section 3 upon
9    which the action was brought, then the court may, to the
10    extent the court considers appropriate, reduce the share
11    of the proceeds of the action which the person would
12    otherwise receive under paragraph (1) or (2) of this
13    subsection (d), taking into account the role of that
14    person in advancing the case to litigation and any
15    relevant circumstances pertaining to the violation. If the
16    person bringing the action is convicted of criminal
17    conduct arising from his or her role in the violation of
18    Section 3, that person shall be dismissed from the civil
19    action and shall not receive any share of the proceeds of
20    the action. Such dismissal shall not prejudice the right
21    of the State to continue the action, represented by the
22    Attorney General.
23        (4) If the State does not proceed with the action and
24    the person bringing the action conducts the action, the
25    court may award to the defendant its reasonable attorneys'
26    fees and expenses if the defendant prevails in the action



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1    and the court finds that the claim of the person bringing
2    the action was clearly frivolous, clearly vexatious, or
3    brought primarily for purposes of harassment.
4    (e) Certain actions barred.
5        (1) No court shall have jurisdiction over an action
6    brought by a former or present member of the Guard under
7    subsection (b) of this Section against a member of the
8    Guard arising out of such person's service in the Guard.
9        (2)(A) No court shall have jurisdiction over an action
10    brought under subsection (b) against a member of the
11    General Assembly, a member of the judiciary, or an exempt
12    official if the action is based on evidence or information
13    known to the State when the action was brought.
14        (B) For purposes of this paragraph (2), "exempt
15    official" means any of the following officials in State
16    service: directors of departments established under the
17    Civil Administrative Code of Illinois, the Adjutant
18    General, the Assistant Adjutant General, the Director of
19    the State Emergency Services and Disaster Agency, members
20    of the boards and commissions, and all other positions
21    appointed by the Governor by and with the consent of the
22    Senate.
23        (3) In no event may a person bring an action under
24    subsection (b) which is based upon allegations or
25    transactions which are the subject of a civil suit or an
26    administrative civil money penalty proceeding in which the



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1    State is already a party.
2        (4)(A) The court shall dismiss an action or claim
3    under this Section, unless opposed by the State, if
4    substantially the same allegations or transactions as
5    alleged in the action or claim were publicly disclosed:
6            (i) in a criminal, civil, or administrative
7        hearing in which the State or its agent is a party;
8            (ii) in a State legislative, State Auditor
9        General, or other State report, hearing, audit, or
10        investigation; or
11            (iii) from the news media,
12    unless the action is brought by the Attorney General or
13    the person bringing the action is an original source of
14    the information.
15        (B) For purposes of this paragraph (4), "original
16    source" means an individual who either (i) prior to a
17    public disclosure under subparagraph (A) of this paragraph
18    (4), has voluntarily disclosed to the State the
19    information on which allegations or transactions in a
20    claim are based, or (ii) has knowledge that is independent
21    of and materially adds to the publicly disclosed
22    allegations or transactions, and who has voluntarily
23    provided the information to the State before filing an
24    action under this Section.
25    (f) State not liable for certain expenses. The State is
26not liable for expenses which a person incurs in bringing an



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1action under this Section.
2    (g) Relief from retaliatory actions.
3        (1) In general, any employee, contractor, or agent
4    shall be entitled to all relief necessary to make that
5    employee, contractor, or agent whole, if that employee,
6    contractor, or agent is discharged, demoted, suspended,
7    threatened, harassed, or in any other manner discriminated
8    against in the terms and conditions of employment because
9    of lawful acts done by the employee, contractor, agent, or
10    associated others in furtherance of an action under this
11    Section or other efforts to stop one or more violations of
12    this Act.
13        (2) Relief under paragraph (1) shall include
14    reinstatement with the same seniority status that the
15    employee, contractor, or agent would have had but for the
16    discrimination, 2 times the amount of back pay, interest
17    on the back pay, and compensation for any special damages
18    sustained as a result of the discrimination, including
19    litigation costs and reasonable attorneys' fees. An action
20    under this subsection (g) may be brought in the
21    appropriate circuit court for the relief provided in this
22    subsection (g).
23        (3) A civil action under this subsection may not be
24    brought more than 3 years after the date when the
25    retaliation occurred.
26(Source: P.A. 102-538, eff. 8-20-21.)



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1    (740 ILCS 175/6)  (from Ch. 127, par. 4106)
2    Sec. 6. Subpoenas.
3    (a) In general.
4        (1) Issuance and service. Whenever the Attorney
5    General, or a designee (for purposes of this Section), has
6    reason to believe that any person may be in possession,
7    custody, or control of any documentary material or
8    information relevant to an investigation, the Attorney
9    General, or a designee, may, before commencing a civil
10    proceeding under this Act or making an election under
11    paragraph (4) of subsection (b) of Section 4, issue in
12    writing and cause to be served upon such person, a
13    subpoena requiring such person:
14            (A) to produce such documentary material for
15        inspection and copying,
16            (B) to answer, in writing, written interrogatories
17        with respect to such documentary material or
18        information,
19            (C) to give oral testimony concerning such
20        documentary material or information, or
21            (D) to furnish any combination of such material,
22        answers, or testimony.
23    The Attorney General may delegate the authority to issue
24    subpoenas under this subsection (a) to the Department of
25    State Police subject to conditions as the Attorney General



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1    deems appropriate. Whenever a subpoena is an express
2    demand for any product of discovery, the Attorney General
3    or his or her delegate shall cause to be served, in any
4    manner authorized by this Section, a copy of such demand
5    upon the person from whom the discovery was obtained and
6    shall notify the person to whom such demand is issued of
7    the date on which such copy was served. Any information
8    obtained by the Attorney General or a designee under this
9    Section may be shared with any qui tam relator if the
10    Attorney General or designee determines it necessary as
11    part of any False Claims Act investigation.
12        (1.5) Where a subpoena requires the production of
13    documentary material, the respondent shall produce the
14    original of the documentary material, provided, however,
15    that the Attorney General, or a designee, may agree that
16    copies may be substituted for the originals. All
17    documentary material kept or stored in electronic form,
18    including electronic mail, shall be produced in native
19    format, as kept in the normal course of business, or as
20    otherwise directed by the Attorney General or designee.
21    The production of documentary material shall be made at
22    the respondent's expense.
23        (2) Contents and deadlines. Each subpoena issued under
24    paragraph (1):
25            (A) Shall state the nature of the conduct
26        constituting an alleged violation that is under



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1        investigation and the applicable provision of law
2        alleged to be violated.
3            (B) Shall identify the individual causing the
4        subpoena to be served and to whom communications
5        regarding the subpoena should be directed.
6            (C) Shall state the date, place, and time at which
7        the person is required to appear, produce written
8        answers to interrogatories, produce documentary
9        material or give oral testimony. The date shall not be
10        less than 10 days from the date of service of the
11        subpoena. Compliance with the subpoena shall be at the
12        Office of the Attorney General in either the
13        Springfield or Chicago location or at other location
14        by agreement.
15            (D) If the subpoena is for documentary material or
16        interrogatories, shall describe the documents or
17        information requested with specificity.
18            (E) Shall notify the person of the right to be
19        assisted by counsel.
20            (F) Shall advise that the person has 20 days from
21        the date of service or up until the return date
22        specified in the demand, whichever date is earlier, to
23        move, modify, or set aside the subpoena pursuant to
24        subparagraph (j)(2)(A) of this Section.
25    (b) Protected material or information.
26        (1) In general. A subpoena issued under subsection (a)



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1    may not require the production of any documentary
2    material, the submission of any answers to written
3    interrogatories, or the giving of any oral testimony if
4    such material, answers, or testimony would be protected
5    from disclosure under:
6            (A) the standards applicable to subpoenas or
7        subpoenas duces tecum issued by a court of this State
8        to aid in a grand jury investigation; or
9            (B) the standards applicable to discovery requests
10        under the Code of Civil Procedure, to the extent that
11        the application of such standards to any such subpoena
12        is appropriate and consistent with the provisions and
13        purposes of this Section.
14        (2) Effect on other orders, rules, and laws. Any such
15    subpoena which is an express demand for any product of
16    discovery supersedes any inconsistent order, rule, or
17    provision of law (other than this Section) preventing or
18    restraining disclosure of such product of discovery to any
19    person. Disclosure of any product of discovery pursuant to
20    any such subpoena does not constitute a waiver of any
21    right or privilege which the person making such disclosure
22    may be entitled to invoke to resist discovery of trial
23    preparation materials.
24    (c) Service in general. Any subpoena issued under
25subsection (a) may be served by any person so authorized by the
26Attorney General or by any person authorized to serve process



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1on individuals within Illinois, through any method prescribed
2in the Code of Civil Procedure or as otherwise set forth in
3this Act.
4    (d) Service upon legal entities and natural persons.
5        (1) Legal entities. Service of any subpoena issued
6    under subsection (a) or of any petition filed under
7    subsection (j) may be made upon a partnership,
8    corporation, association, or other legal entity by:
9            (A) delivering an executed copy of such subpoena
10        or petition to any partner, executive officer,
11        managing agent, general agent, or registered agent of
12        the partnership, corporation, association or entity;
13            (B) delivering an executed copy of such subpoena
14        or petition to the principal office or place of
15        business of the partnership, corporation, association,
16        or entity; or
17            (C) depositing an executed copy of such subpoena
18        or petition in the United States mails by registered
19        or certified mail, with a return receipt requested,
20        addressed to such partnership, corporation,
21        association, or entity as its principal office or
22        place of business.
23        (2) Natural person. Service of any such subpoena or
24    petition may be made upon any natural person by:
25            (A) delivering an executed copy of such subpoena
26        or petition to the person; or



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1            (B) depositing an executed copy of such subpoena
2        or petition in the United States mails by registered
3        or certified mail, with a return receipt requested,
4        addressed to the person at the person's residence or
5        principal office or place of business.
6    (e) Proof of service. A verified return by the individual
7serving any subpoena issued under subsection (a) or any
8petition filed under subsection (j) setting forth the manner
9of such service shall be proof of such service. In the case of
10service by registered or certified mail, such return shall be
11accompanied by the return post office receipt of delivery of
12such subpoena.
13    (f) Documentary material.
14        (1) Sworn certificates. The production of documentary
15    material in response to a subpoena served under this
16    Section shall be made under a sworn certificate, in such
17    form as the subpoena designates, by:
18            (A) in the case of a natural person, the person to
19        whom the subpoena is directed, or
20            (B) in the case of a person other than a natural
21        person, a person having knowledge of the facts and
22        circumstances relating to such production and
23        authorized to act on behalf of such person.
24    The certificate shall state that all of the documentary
25    material required by the demand and in the possession,
26    custody, or control of the person to whom the subpoena is



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1    directed has been produced and made available to the
2    Attorney General.
3        (2) Production of materials. Any person upon whom any
4    subpoena for the production of documentary material has
5    been served under this Section shall make such material
6    available for inspection and copying to the Attorney
7    General at the place designated in the subpoena, or at
8    such other place as the Attorney General and the person
9    thereafter may agree and prescribe in writing, or as the
10    court may direct under subsection (j)(1). Such material
11    shall be made so available on the return date specified in
12    such subpoena, or on such later date as the Attorney
13    General may prescribe in writing. Such person may, upon
14    written agreement between the person and the Attorney
15    General, substitute copies for originals of all or any
16    part of such material.
17    (g) Interrogatories. Each interrogatory in a subpoena
18served under this Section shall be answered separately and
19fully in writing under oath and shall be submitted under a
20sworn certificate, in such form as the subpoena designates by:
21        (1) in the case of a natural person, the person to whom
22    the subpoena is directed, or
23        (2) in the case of a person other than a natural
24    person, the person or persons responsible for answering
25    each interrogatory.
26If any interrogatory is objected to, the reasons for the



10200HB5049ham001- 36 -LRB102 22605 KTG 37188 a

1objection shall be stated in the certificate instead of an
2answer. The certificate shall state that all information
3required by the subpoena and in the possession, custody,
4control, or knowledge of the person to whom the demand is
5directed has been submitted. To the extent that any
6information is not furnished, the information shall be
7identified and reasons set forth with particularity regarding
8the reasons why the information was not furnished.
9    (h) Oral examinations.
10        (1) Procedures. The examination of any person pursuant
11    to a subpoena for oral testimony served under this Section
12    shall be taken before an officer authorized to administer
13    oaths and affirmations by the laws of this State or of the
14    place where the examination is held. The officer before
15    whom the testimony is to be taken shall put the witness on
16    oath or affirmation and shall, personally or by someone
17    acting under the direction of the officer and in the
18    officer's presence, record the testimony of the witness.
19    The testimony shall be taken stenographically and shall be
20    transcribed. When the testimony is fully transcribed, the
21    officer before whom the testimony is taken shall promptly
22    transmit a certified copy of the transcript of the
23    testimony in accordance with the instructions of the
24    Attorney General. This subsection shall not preclude the
25    taking of testimony by any means authorized by, and in a
26    manner consistent with, the Code of Civil Procedure.



10200HB5049ham001- 37 -LRB102 22605 KTG 37188 a

1        (2) Persons present. The investigator conducting the
2    examination shall exclude from the place where the
3    examination is held all persons except the person giving
4    the testimony, the attorney for and any other
5    representative of the person giving the testimony, the
6    attorney for the State, any person who may be agreed upon
7    by the attorney for the State and the person giving the
8    testimony, the officer before whom the testimony is to be
9    taken, and any stenographer taking such testimony.
10        (3) Where testimony taken. The oral testimony of any
11    person taken pursuant to a subpoena served under this
12    Section shall be taken in the county within which such
13    person resides, is found, or transacts business, or in
14    such other place as may be agreed upon by the Attorney
15    General and such person.
16        (4) Transcript of testimony. When the testimony is
17    fully transcribed, the Attorney General or the officer
18    before whom the testimony is taken shall afford the
19    witness, who may be accompanied by counsel, a reasonable
20    opportunity to review and correct the transcript, in
21    accordance with the rules applicable to deposition
22    witnesses in civil cases. Upon payment of reasonable
23    charges, the Attorney General shall furnish a copy of the
24    transcript to the witness, except that the Attorney
25    General may, for good cause, limit the witness to
26    inspection of the official transcript of the witness'



10200HB5049ham001- 38 -LRB102 22605 KTG 37188 a

1    testimony.
2        (5) Conduct of oral testimony.
3            (A) Any person compelled to appear for oral
4        testimony under a subpoena issued under subsection (a)
5        may be accompanied, represented, and advised by
6        counsel, who may raise objections based on matters of
7        privilege in accordance with the rules applicable to
8        depositions in civil cases. If such person refuses to
9        answer any question, a petition may be filed in
10        circuit court under subsection (j)(1) for an order
11        compelling such person to answer such question.
12            (B) If such person refuses any question on the
13        grounds of the privilege against self-incrimination,
14        the testimony of such person may be compelled in
15        accordance with Article 106 of the Code of Criminal
16        Procedure of 1963.
17        (6) Witness fees and allowances. Any person appearing
18    for oral testimony under a subpoena issued under
19    subsection (a) shall be entitled to the same fees and
20    allowances which are paid to witnesses in the circuit
21    court.
22    (i) Custodians of documents, answers, and transcripts.
23        (1) Designation. The Attorney General or his or her
24    delegate shall serve as custodian of documentary material,
25    answers to interrogatories, and transcripts of oral
26    testimony received under this Section.



10200HB5049ham001- 39 -LRB102 22605 KTG 37188 a

1        (2) Except as otherwise provided in this Section, no
2    documentary material, answers to interrogatories, or
3    transcripts of oral testimony, or copies thereof, while in
4    the possession of the custodian, shall be available for
5    examination by any individual, except as determined
6    necessary by the Attorney General and subject to the
7    conditions imposed by him or her for effective enforcement
8    of the laws of this State, or as otherwise provided by
9    court order.
10        (3) Conditions for return of material. If any
11    documentary material has been produced by any person in
12    the course of any investigation pursuant to a subpoena
13    under this Section and:
14            (A) any case or proceeding before the court or
15        grand jury arising out of such investigation, or any
16        proceeding before any State agency involving such
17        material, has been completed, or
18            (B) no case or proceeding in which such material
19        may be used has been commenced within a reasonable
20        time after completion of the examination and analysis
21        of all documentary material and other information
22        assembled in the course of such investigation,
23    the custodian shall, upon written request of the person
24    who produced such material, return to such person any such
25    material which has not passed into the control of any
26    court, grand jury, or agency through introduction into the



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1    record of such case or proceeding.
2    (j) Judicial proceedings.
3        (1) Petition for enforcement. Whenever any person
4    fails to comply with any subpoena issued under subsection
5    (a), or whenever satisfactory copying or reproduction of
6    any material requested in such demand cannot be done and
7    such person refuses to surrender such material, the
8    Attorney General may file, in the circuit court of any
9    county in which such person resides, is found, or
10    transacts business, or the circuit court of the county in
11    which an action filed pursuant to Section 4 of this Act is
12    pending if the action relates to the subject matter of the
13    subpoena and serve upon such person a petition for an
14    order of such court for the enforcement of the subpoena.
15        (2) Petition to modify or set aside subpoena.
16            (A) Any person who has received a subpoena issued
17        under subsection (a) may file, in the circuit court of
18        any county within which such person resides, is found,
19        or transacts business, and serve upon the Attorney
20        General a petition for an order of the court to modify
21        or set aside such subpoena. In the case of a petition
22        addressed to an express demand for any product of
23        discovery, a petition to modify or set aside such
24        demand may be brought only in the circuit court of the
25        county in which the proceeding in which such discovery
26        was obtained is or was last pending. Any petition



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1        under this subparagraph (A) must be filed:
2                (i) within 20 days after the date of service
3            of the subpoena, or at any time before the return
4            date specified in the subpoena, whichever date is
5            earlier, or
6                (ii) within such longer period as may be
7            prescribed in writing by the Attorney General.
8            (B) The petition shall specify each ground upon
9        which the petitioner relies in seeking relief under
10        subparagraph (A), and may be based upon any failure of
11        the subpoena to comply with the provisions of this
12        Section or upon any constitutional or other legal
13        right or privilege of such person. During the pendency
14        of the petition in the court, the court may stay, as it
15        deems proper, the running of the time allowed for
16        compliance with the subpoena, in whole or in part,
17        except that the person filing the petition shall
18        comply with any portion of the subpoena not sought to
19        be modified or set aside.
20        (3) Petition to modify or set aside demand for product
21    of discovery. In the case of any subpoena issued under
22    subsection (a) which is an express demand for any product
23    of discovery, the person from whom such discovery was
24    obtained may file, in the circuit court of the county in
25    which the proceeding in which such discovery was obtained
26    is or was last pending, a petition for an order of such



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1    court to modify or set aside those portions of the
2    subpoena requiring production of any such product of
3    discovery, subject to the same terms, conditions, and
4    limitations set forth in subparagraph (j)(2) of this
5    Section.
6        (4) Jurisdiction. Whenever any petition is filed in
7    any circuit court under this subsection (j), such court
8    shall have jurisdiction to hear and determine the matter
9    so presented, and to enter such orders as may be required
10    to carry out the provisions of this Section. Any final
11    order so entered shall be subject to appeal in the same
12    manner as appeals of other final orders in civil matters.
13    Any disobedience of any final order entered under this
14    Section by any court shall be punished as a contempt of the
15    court.
16    (k) Disclosure exemption. Any documentary material,
17answers to written interrogatories, or oral testimony provided
18under any subpoena issued under subsection (a) shall be exempt
19from disclosure under the Illinois Administrative Procedure
21(Source: P.A. 96-1304, eff. 7-27-10.)
22    (740 ILCS 175/8)  (from Ch. 127, par. 4108)
23    Sec. 8. Funds; Grants.
24    (a) There is hereby created the State Whistleblower Reward
25and Protection Fund to be held outside of the State Treasury



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1with the State Treasurer as custodian. All proceeds of an
2action or settlement of a claim brought under this Act shall be
3deposited in the Fund. Any attorneys' fees, expenses, and
4costs paid by or awarded against any defendant pursuant to
5Section 4 of this Act shall not be considered part of the
6proceeds to be deposited in the Fund.
7    (b) For all cases settled before October 1, 2023, monies
8Monies in the Fund shall be allocated as follows: One-sixth of
9the monies shall be paid to the Attorney General Whistleblower
10Reward and Protection Fund, which is hereby created as a
11special fund in the State Treasury, and one-sixth of the
12monies shall be paid to the State Police Whistleblower Reward
13and Protection Fund, which is hereby created as a special fund
14in the State Treasury, for State law enforcement purposes. The
15remaining two-thirds of the monies in the Fund shall be used
16for payment of awards to Qui Tam plaintiffs and as otherwise
17specified in this Act, with any remainder to the General
18Revenue Fund. The Attorney General shall direct the State
19Treasurer to make disbursement of funds.
20    (c) For all cases settled on or after October 1, 2023,
21monies in the Fund shall be allocated as follows: One-third of
22the monies shall be paid to the Attorney General Whistleblower
23Reward and Protection Fund. The remaining two-thirds of the
24monies in the Fund shall be used for payment of awards to Qui
25Tam plaintiffs and as otherwise specified in this Act, with
26any remainder to the General Revenue Fund. The Attorney



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1General shall direct the State Treasurer to make disbursement
2of funds.
3(Source: P.A. 101-148, eff. 7-26-19.)".