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Public Act 095-0128 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Whistleblower Act is amended by changing | ||||
Sections 5 and 15 and by adding Section 40 as follows:
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(740 ILCS 174/5)
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Sec. 5. Definitions. As used in this Act:
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"Employer" means: an individual, sole proprietorship, | ||||
partnership, firm,
corporation, association, and any other | ||||
entity that has one or more
employees in this State, including | ||||
a political subdivision of the State; a unit of local | ||||
government; a school district, combination of school | ||||
districts, or governing body of a joint agreement of any type | ||||
formed by two or more school districts; a community college | ||||
district, State college or university, or any State agency | ||||
whose major function is providing educational services; any | ||||
authority including a department, division, bureau, board, | ||||
commission, or other agency of these entities; and any person | ||||
acting within the scope of his or her authority express or
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implied on behalf of those entities in dealing with its | ||||
employees
except that "employer" does not include any
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governmental entity .
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"Employee" means any individual who is employed on a |
full-time,
part-time, or contractual basis by an employer.
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(Source: P.A. 93-544, eff. 1-1-04.)
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(740 ILCS 174/15)
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Sec. 15. Retaliation for certain disclosures prohibited.
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(a) An employer may not retaliate against an employee who | ||
discloses information in a court, an administrative hearing, or | ||
before a legislative commission or committee, or in any other | ||
proceeding, where the employee has reasonable cause to believe | ||
that the information discloses a violation of a State or | ||
federal law, rule, or regulation. | ||
(b) An employer
may not retaliate against an employee for | ||
disclosing information to a
government or law enforcement | ||
agency, where the employee has reasonable
cause to believe that | ||
the information discloses a violation of a State
or federal | ||
law, rule, or regulation.
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(Source: P.A. 93-544, eff. 1-1-04.)
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(740 ILCS 174/40 new) | ||
Sec. 40. Home Rule Limitation. It is the public policy of | ||
this State, pursuant to paragraphs (h) and (i) of Section 6 of | ||
Article VII of the Illinois Constitution that the provisions of | ||
this Act are the exclusive exercise by the State of powers and | ||
functions which might otherwise be exercised by other home rule | ||
units. Such powers and functions may not be exercised | ||
concurrently, either directly or indirectly by any unit of |
local government, including any home rule unit except as | ||
otherwise authorized by this Act. | ||
Section 10. The Whistleblower Reward and Protection Act is | ||
amended by changing Sections 2 and 3 as follows:
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(740 ILCS 175/2) (from Ch. 127, par. 4102)
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Sec. 2. Definitions. As used in this Act:
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(a) "State" means the State of Illinois; any agency of | ||
State
government; the system of State colleges and | ||
universities, any school district, community college district, | ||
county, municipality, municipal corporation, unit of local | ||
government, and any combination of the above under an | ||
intergovernmental agreement that includes provisions for a | ||
governing body of the agency created by the agreement.
and any | ||
of the following entities which may elect to adopt the
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provisions of this Act by ordinance or resolution, a copy of | ||
which shall be
filed with the Attorney General within 30 days | ||
of its adoption: the system of
State colleges and universities, | ||
any school district, any public community
college district, any | ||
municipality, municipal corporations, units of local
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government, and any combination of the above under an | ||
intergovernmental
agreement that includes provisions for a | ||
governing body of the agency created
by the agreement.
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(b) "Guard" means the Illinois National Guard.
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(c) "Investigation" means any inquiry conducted by any |
investigator for
the purpose of ascertaining whether any person | ||
is or has been engaged in
any violation of this Act.
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(d) "Investigator" means a person who is charged by the | ||
Department of
State Police with the duty of conducting any | ||
investigation under this Act, or
any officer or employee of the | ||
State acting under the direction and
supervision of the | ||
Department of State Police, through the Division of
Operations | ||
or the Division of Internal
Investigation, in the course of
an | ||
investigation.
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(e) "Documentary material" includes the original or any | ||
copy of any
book, record, report, memorandum, paper, | ||
communication, tabulation,
chart, or other document, or data | ||
compilations stored in or accessible
through computer or other | ||
information retrieval systems, together with
instructions and | ||
all other materials necessary to use or interpret such
data | ||
compilations, and any product of discovery.
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(f) "Custodian" means the custodian, or any deputy | ||
custodian, designated
by the Attorney General under subsection | ||
(i)(1) of Section 6.
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(g) "Product of discovery" includes:
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(1) the original or duplicate of any deposition, | ||
interrogatory,
document, thing, result of the inspection | ||
of land or other property,
examination, or admission, which | ||
is obtained by any method of discovery in
any judicial or | ||
administrative proceeding of an adversarial nature;
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(2) any digest, analysis, selection, compilation, or |
derivation of any
item listed in paragraph (1); and
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(3) any index or other manner of access to any item | ||
listed in
paragraph (1).
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(Source: P.A. 91-760, eff. 1-1-01.)
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(740 ILCS 175/3) (from Ch. 127, par. 4103)
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Sec. 3. False claims.
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(a) Liability for certain acts. Any person who:
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(1) knowingly presents, or causes to be presented, to | ||
an officer or
employee of the State or a member of the | ||
Guard a false or fraudulent claim
for payment or approval;
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(2) knowingly makes, uses, or causes to be made or | ||
used, a false record
or statement to get a false or | ||
fraudulent claim paid or approved by the State;
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(3) conspires to defraud the State by getting a false | ||
or fraudulent
claim allowed or paid;
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(4) has possession, custody, or control of property or | ||
money used, or to
be used, by the State and, intending to | ||
defraud the State or willfully to
conceal the property, | ||
delivers, or causes to be delivered, less property
than the | ||
amount for which the person receives a certificate or | ||
receipt;
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(5) authorized to make or deliver a document certifying | ||
receipt of
property used, or to be used, by the State and, | ||
intending to defraud the
State, makes or delivers the | ||
receipt without completely knowing that the
information on |
the receipt is true;
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(6) knowingly buys, or receives as a pledge of an | ||
obligation or debt,
public property from an officer or | ||
employee of the State, or a member of
the Guard, who | ||
lawfully may not sell or pledge the property; or
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(7) knowingly makes, uses, or causes to be made or | ||
used, a false record
or statement to conceal, avoid or | ||
decrease an obligation to pay or transmit
money or property | ||
to the State ; , | ||
(8) knowingly takes adverse employment action against | ||
an employee for disclosing information to a government or | ||
law enforcement agency, if the employee has reasonable | ||
cause to believe that the information discloses a violation | ||
of State or federal law, rule, or regulation; or | ||
(9) knowingly retaliates against an employee who has | ||
disclosed information in a court, an administrative | ||
hearing, before a legislative commission or committee, or | ||
in another proceeding and discloses information, if the | ||
employee has reasonable cause to believe that the | ||
information discloses a violation of State or federal law, | ||
rule, or regulation,
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is liable to the State for a civil penalty of not less than | ||
$5,500 and not
more than $11,000, plus 3 times the amount of | ||
damages which the State
sustains because of the act of that | ||
person. A person violating
this subsection (a) shall also be | ||
liable to the State for the costs of a civil
action brought to |
recover any such penalty or damages.
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(b) Knowing and knowingly defined. As used in this Section, | ||
the terms
"knowing" and "knowingly" mean that a person, with | ||
respect to information:
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(1) has actual knowledge of the information;
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(2) acts in deliberate ignorance of the truth or | ||
falsity of the
information; or
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(3) acts in reckless disregard of the truth or falsity | ||
of the
information, and no proof of specific intent to | ||
defraud is required.
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(c) Claim defined. As used in this Section, "claim" | ||
includes any
request or demand, whether under a contract or | ||
otherwise, for money or
property which is made to a contractor, | ||
grantee, or other recipient if the
State provides any portion | ||
of the money or property which is requested or
demanded, or if | ||
the State will reimburse such contractor, grantee, or other
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recipient for any portion of the money or property which is | ||
requested
or demanded. A claim also includes a request or | ||
demand for money damages or injunctive relief on behalf of an | ||
employee who has suffered an adverse employment action taken in | ||
violation of paragraphs (8) or (9) of subsection (a).
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(d) Exclusion. This Section does not apply to claims, | ||
records, or
statements made under the Illinois Income Tax Act.
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(Source: P.A. 94-1059, eff. 7-31-06.)
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