Full Text of HB5300 100th General Assembly
HB5300 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5300 Introduced , by Rep. David McSweeney SYNOPSIS AS INTRODUCED: |
| 740 ILCS 175/3 | from Ch. 127, par. 4103 |
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Amends the Illinois False Claims Act. Provides that a Section imposing liability for certain acts does not apply to any taxes imposed, collected, or administered by the State of Illinois (instead of to claims, records, or
statements made under the Illinois Income Tax Act).
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois False Claims Act is amended by | 5 | | changing Section 3 as follows:
| 6 | | (740 ILCS 175/3) (from Ch. 127, par. 4103)
| 7 | | Sec. 3. False claims.
| 8 | | (a) Liability for certain acts. | 9 | | (1) In general, any person who:
| 10 | | (A) knowingly presents, or causes to be presented, | 11 | | a false or fraudulent claim
for payment or approval;
| 12 | | (B) knowingly makes, uses, or causes to be made or | 13 | | used, a false record
or statement material to a false | 14 | | or fraudulent claim;
| 15 | | (C) conspires to commit a violation of | 16 | | subparagraph (A), (B), (D), (E), (F), or (G);
| 17 | | (D) has possession, custody, or control of | 18 | | property or money used, or to
be used, by the State and | 19 | | knowingly delivers, or causes to be delivered, less | 20 | | than all the money or property;
| 21 | | (E) is authorized to make or deliver a document | 22 | | certifying receipt of
property used, or to be used, by | 23 | | the State and, intending to defraud the
State, makes or |
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| 1 | | delivers the receipt without completely knowing that | 2 | | the
information on the receipt is true;
| 3 | | (F) knowingly buys, or receives as a pledge of an | 4 | | obligation or debt,
public property from an officer or | 5 | | employee of the State, or a member of
the Guard, who | 6 | | lawfully may not sell or pledge property; or
| 7 | | (G) knowingly makes, uses, or causes to be made or | 8 | | used, a false record
or statement material to an | 9 | | obligation to pay or transmit
money or property to the | 10 | | State, or knowingly conceals or knowingly and | 11 | | improperly avoids or decreases an obligation to pay or | 12 | | transmit money or property to the State,
| 13 | | is liable to the State for a civil penalty of not less than | 14 | | the minimum amount and not more than the maximum amount | 15 | | allowed for a civil penalty for a violation of the federal | 16 | | False Claims Act (31 U.S.C. 3729 et seq.) as adjusted by | 17 | | the Federal Civil Penalties Inflation Adjustment Act of | 18 | | 1990 (28 U.S.C. 2461), plus 3 times the amount of damages | 19 | | which the State
sustains because of the act of that person. | 20 | | Notwithstanding any other provision, a person is liable to | 21 | | the State for a civil penalty of not less than $5,500 and | 22 | | not more than $11,000, plus 3 times the amount of damages | 23 | | which the State sustains because of the act of that person, | 24 | | when: (i) the civil action was brought by a private person | 25 | | pursuant to paragraph (1) of subsection (b) of Section 4; | 26 | | (ii) the State did not elect to intervene pursuant to |
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| 1 | | paragraph (2) of subsection (b) of Section 4; (iii) the | 2 | | actual amount of the tax owed to the State is equal to or | 3 | | less than $50,000, which does not include interest, | 4 | | penalties, attorney's fees, costs, or any other amounts | 5 | | owed or paid pursuant to this Act; and (iv) the violation | 6 | | of this Act relates to or involves a false claim regarding | 7 | | a tax administered by the Department of Revenue, excluding | 8 | | claims, records, or statements made under the Property Tax | 9 | | Code. The penalties in this Section are intended to be | 10 | | remedial rather than punitive, and shall not preclude, nor | 11 | | be precluded by, a criminal prosecution for the same | 12 | | conduct. | 13 | | (2) A person violating
this subsection shall also be | 14 | | liable to the State for the costs of a civil
action brought | 15 | | to recover any such penalty or damages.
| 16 | | (b) Definitions. For purposes of this Section: | 17 | | (1) The terms
"knowing" and "knowingly": | 18 | | (A) mean that a person, with respect to | 19 | | information:
| 20 | | (i) has actual knowledge of the information;
| 21 | | (ii) acts in deliberate ignorance of the truth | 22 | | or falsity of the
information; or
| 23 | | (iii) acts in reckless disregard of the truth | 24 | | or falsity of the
information, and | 25 | | (B) require no proof of specific intent to defraud.
| 26 | | (2) The term "claim": |
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| 1 | | (A) means any
request or demand, whether under a | 2 | | contract or otherwise, for money or
property and | 3 | | whether or not the State has title to the money or | 4 | | property, that | 5 | | (i) is presented to an officer, employee, or | 6 | | agent of the State; or | 7 | | (ii) is made to a contractor, grantee, or other | 8 | | recipient, if the money or property is to be spent | 9 | | or used on the State's behalf or to advance a State | 10 | | program or interest, and if the
State: | 11 | | (I) provides or has provided any portion | 12 | | of the money or property requested or
demanded; | 13 | | or | 14 | | (II) will reimburse such contractor, | 15 | | grantee, or other
recipient for any portion of | 16 | | the money or property which is requested
or | 17 | | demanded; and | 18 | | (B) does not include requests or demands for money | 19 | | or property that the State has paid to an individual as | 20 | | compensation for State employment or as an income | 21 | | subsidy with no restrictions on that individual's use | 22 | | of the money or property.
| 23 | | (3) The term "obligation" means an established duty, | 24 | | whether or not fixed, arising from an express or implied | 25 | | contractual, grantor-grantee, or licensor-licensee | 26 | | relationship, from a fee-based or similar relationship, |
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| 1 | | from statute or regulation, or from the retention of any | 2 | | overpayment. | 3 | | (4) The term "material" means having a natural tendency | 4 | | to influence, or be capable of influencing, the payment or | 5 | | receipt of money or property. | 6 | | (c) Exclusion. This Section does not apply to any taxes | 7 | | imposed, collected, or administered by the State of Illinois | 8 | | claims, records, or
statements made under the Illinois Income | 9 | | Tax Act .
| 10 | | (Source: P.A. 100-452, eff. 8-25-17.)
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