Full Text of HB5951 96th General Assembly
HB5951enr 96TH GENERAL ASSEMBLY
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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 Illinois Procurement Code is amended by | 5 |
| changing Section 50-2 as follows: | 6 |
| (30 ILCS 500/50-2) | 7 |
| (This Section may contain text from a Public Act with a | 8 |
| delayed effective date ) | 9 |
| Sec. 50-2. Continuing disclosure; false certification. | 10 |
| Every person that has entered into a multi-year contract and | 11 |
| every subcontractor with a multi-year subcontract shall | 12 |
| certify, by July 1 of each fiscal year covered by the contract | 13 |
| after the initial fiscal year, to the responsible chief | 14 |
| procurement officer whether it continues to satisfy the | 15 |
| requirements of this Article pertaining to eligibility for a | 16 |
| contract award. If a contractor or subcontractor is not able to | 17 |
| truthfully certify that it continues to meet all requirements, | 18 |
| it shall provide with its certification a detailed explanation | 19 |
| of the circumstances leading to the change in certification | 20 |
| status. A contractor or subcontractor that makes a false | 21 |
| statement material to any given certification required under | 22 |
| this Article is, in addition to any other penalties or | 23 |
| consequences prescribed by law, subject to liability under the |
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| Illinois False Claims Whistleblower Reward and Protection Act | 2 |
| for submission of a false claim.
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| (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 4 |
| for the effective date of P.A. 96-795).) | 5 |
| Section 10. The Whistleblower Reward and Protection Act is | 6 |
| amended by changing Sections 1, 2, 3, 4, 5, 6, and 8 as | 7 |
| follows:
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| (740 ILCS 175/1) (from Ch. 127, par. 4101)
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| Sec. 1.
This Act may be cited as the Illinois False Claims | 10 |
| Whistleblower Reward and Protection Act.
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| (Source: P.A. 87-662.)
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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 | 15 |
| State
government; the system of State colleges and | 16 |
| universities, any school district, community college district, | 17 |
| county, municipality, municipal corporation, unit of local | 18 |
| government, and any combination of the above under an | 19 |
| intergovernmental agreement that includes provisions for a | 20 |
| 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 | 23 |
| investigator for
the purpose of ascertaining whether any person |
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| 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 | 3 |
| Attorney General or the Department of
State Police with the | 4 |
| duty of conducting any investigation under this Act, or
any | 5 |
| officer or employee of the State acting under the direction and
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| supervision of the Attorney General or the Department of State | 7 |
| Police, through the Division of
Operations or the Division of | 8 |
| Internal
Investigation, in the course of
an investigation.
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| (e) "Documentary material" includes the original or any | 10 |
| copy of any
book, record, report, memorandum, paper, | 11 |
| communication, tabulation,
chart, or other document, or data | 12 |
| compilations stored in or accessible
through computer or other | 13 |
| information retrieval systems, together with
instructions and | 14 |
| all other materials necessary to use or interpret such
data | 15 |
| compilations, and any product of discovery.
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| (f) "Custodian" means the custodian, or any deputy | 17 |
| custodian, designated
by the Attorney General under subsection | 18 |
| (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, | 21 |
| interrogatory,
document, thing, result of the inspection | 22 |
| of land or other property,
examination, or admission, which | 23 |
| is obtained by any method of discovery in
any judicial or | 24 |
| administrative proceeding of an adversarial nature;
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| (2) any digest, analysis, selection, compilation, or | 26 |
| derivation of any
item listed in paragraph (1); and
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| (3) any index or other manner of access to any item | 2 |
| listed in
paragraph (1).
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| (Source: P.A. 95-128, eff. 1-1-08.)
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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. | 7 |
| (1) In general, any Any person who:
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| (A) (1) knowingly presents, or causes to be | 9 |
| presented, to an officer or
employee of the State or a | 10 |
| member of the Guard a false or fraudulent claim
for | 11 |
| payment or approval;
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| (B) (2) knowingly makes, uses, or causes to be made | 13 |
| or used, a false record
or statement material to get a | 14 |
| false or fraudulent claim paid or approved by the | 15 |
| State ;
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| (C) (3) conspires to commit a violation of | 17 |
| subparagraph (A), (B), (D), (E), (F), or (G) defraud | 18 |
| the State by getting a false or fraudulent
claim | 19 |
| allowed or paid ;
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| (D) (4) has possession, custody, or control of | 21 |
| property or money used, or to
be used, by the State and | 22 |
| knowingly , intending to defraud the State or willfully | 23 |
| to
conceal the property, delivers, or causes to be | 24 |
| delivered, less than all the money or property
than the | 25 |
| amount for which the person receives a certificate or |
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| receipt ;
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| (E) is (5) authorized to make or deliver a document | 3 |
| certifying receipt of
property used, or to be used, by | 4 |
| the State and, intending to defraud the
State, makes or | 5 |
| delivers the receipt without completely knowing that | 6 |
| the
information on the receipt is true;
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(F) (6) knowingly buys, or receives as a pledge of | 8 |
| an obligation or debt,
public property from an officer | 9 |
| or employee of the State, or a member of
the Guard, who | 10 |
| lawfully may not sell or pledge the property; or
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| (G) (7) knowingly makes, uses, or causes to be made | 12 |
| or used, a false record
or statement material to | 13 |
| conceal, avoid or decrease an obligation to pay or | 14 |
| transmit
money or property to the State , or knowingly | 15 |
| conceals or knowingly and improperly avoids or | 16 |
| decreases an obligation to pay or transmit money or | 17 |
| property to the State, ; | 18 |
| (8) knowingly takes adverse employment action against | 19 |
| an employee for disclosing information to a government or | 20 |
| law enforcement agency, if the employee has reasonable | 21 |
| cause to believe that the information discloses a violation | 22 |
| of State or federal law, rule, or regulation; or | 23 |
| (9) knowingly retaliates against an employee who has | 24 |
| disclosed information in a court, an administrative | 25 |
| hearing, before a legislative commission or committee, or | 26 |
| in another proceeding and discloses information, if the |
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| employee has reasonable cause to believe that the | 2 |
| information discloses a violation of State or federal law, | 3 |
| rule, or regulation,
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| is liable to the State for a civil penalty of not less than | 5 |
| $5,500 and not
more than $11,000, plus 3 times the amount | 6 |
| of damages which the State
sustains because of the act of | 7 |
| that person. The penalties in this Section are intended to | 8 |
| be remedial rather than punitive, and shall not preclude, | 9 |
| nor be precluded by, a criminal prosecution for the same | 10 |
| conduct. | 11 |
| (2) A person violating
this subsection (a) shall also | 12 |
| be liable to the State for the costs of a civil
action | 13 |
| brought to recover any such penalty or damages.
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| (b) Definitions. For purposes of this Section: | 15 |
| (1) The Knowing and knowingly defined. As used in this | 16 |
| Section, the terms
"knowing" and "knowingly" : | 17 |
| (A) mean that a person, with respect to | 18 |
| information:
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| (i) (1) has actual knowledge of the | 20 |
| information;
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| (ii) (2) acts in deliberate ignorance of the | 22 |
| truth or falsity of the
information; or
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| (iii) (3) acts in reckless disregard of the | 24 |
| truth or falsity of the
information, and | 25 |
| (B) require no proof of specific intent to defraud | 26 |
| is required .
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| (2) The term (c) Claim defined. As used in this | 2 |
| Section, "claim" : includes | 3 |
| (A) means any
request or demand, whether under a | 4 |
| contract or otherwise, for money or
property and | 5 |
| whether or not the State has title to the money or | 6 |
| property, that | 7 |
| (i) is presented to an officer, employee, or | 8 |
| agent of the State; or | 9 |
| (ii) which is made to a contractor, grantee, or | 10 |
| other recipient , if the money or property is to be | 11 |
| spent or used on the State's behalf or to advance a | 12 |
| State program or interest, and if the
State : | 13 |
| (I) provides or has provided any portion | 14 |
| of the money or property which is requested or
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| demanded ; , or | 16 |
| (II) if the State will reimburse such | 17 |
| contractor, grantee, or other
recipient for | 18 |
| any portion of the money or property which is | 19 |
| requested
or demanded ; and . | 20 |
| (B) does not include requests or demands for money | 21 |
| or property that the State has paid to an individual as | 22 |
| compensation for State employment or as an income | 23 |
| subsidy with no restrictions on that individual's use | 24 |
| of the money or property. A claim also includes a | 25 |
| request or demand for money damages or injunctive | 26 |
| relief on behalf of an employee who has suffered an |
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| adverse employment action taken in violation of | 2 |
| paragraphs (8) or (9) of subsection (a).
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| (3) The term "obligation" means an established duty, | 4 |
| whether or not fixed, arising from an express or implied | 5 |
| contractual, grantor-grantee, or licensor-licensee | 6 |
| relationship, from a fee-based or similar relationship, | 7 |
| from statute or regulation, or from the retention of any | 8 |
| overpayment. | 9 |
| (4) The term "material" means having a natural tendency | 10 |
| to influence, or be capable of influencing, the payment or | 11 |
| receipt of money or property. | 12 |
| (c) (d) Exclusion. This Section does not apply to claims, | 13 |
| records, or
statements made under the Illinois Income Tax Act.
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| (Source: P.A. 94-1059, eff. 7-31-06; 95-128, eff. 1-1-08.)
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| (740 ILCS 175/4) (from Ch. 127, par. 4104)
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| Sec. 4. Civil actions for false claims.
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| (a) Responsibilities of the Attorney General and the | 18 |
| Department of
State Police. The Attorney General or the | 19 |
| Department of State Police shall diligently investigate
a civil | 20 |
| violation under Section 3 , except for civil violations under
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| Section 3 that relate to and adversely affect primarily the | 22 |
| system of State
colleges and universities, any school district, | 23 |
| any public community college
district, any municipality, | 24 |
| municipal corporations, units of local government,
or any | 25 |
| combination of the above under an intergovernmental agreement |
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| that
includes provisions for a governing board of the agency | 2 |
| created by the
agreement . If the The Attorney General finds | 3 |
| that a person violated or is violating Section 3, the Attorney | 4 |
| General may bring a civil action under this Section
against the | 5 |
| any person that has violated or is violating Section 3 .
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| The State shall receive an amount for reasonable expenses | 7 |
| that the court finds to have been necessarily incurred by the | 8 |
| Attorney General, including reasonable attorneys' fees and | 9 |
| costs. All such expenses, fees, and costs shall be awarded | 10 |
| against the defendant. The court may award amounts from the | 11 |
| proceeds of an action or settlement that it considers | 12 |
| appropriate to any governmental entity or program that has been | 13 |
| adversely affected by a defendant. The Attorney General, if | 14 |
| necessary, shall direct the State Treasurer to make a | 15 |
| disbursement of funds as provided in court orders or settlement | 16 |
| agreements. | 17 |
| (b) Actions by private persons.
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| (1) A person may bring a civil action
for a violation | 19 |
| of Section 3 for the person and for the State. The action
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| shall be brought in the name of the State. The action may | 21 |
| be dismissed
only if the court and the Attorney General | 22 |
| give written consent to the
dismissal and their reasons for | 23 |
| consenting.
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| (2) A copy of the complaint and written disclosure of | 25 |
| substantially all
material evidence and information the | 26 |
| person possesses shall be served on
the State. The |
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| complaint shall be filed in camera, shall remain under seal
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| for at least 60 days, and shall not be served on the | 3 |
| defendant until the
court so orders. The State may elect to | 4 |
| intervene and proceed with the
action within 60 days after | 5 |
| it receives both the complaint and the material
evidence | 6 |
| and information.
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| (3) The State may, for good cause shown, move the court | 8 |
| for extensions
of the time during which the complaint | 9 |
| remains under seal under paragraph
(2). Any such motions | 10 |
| may be supported by affidavits or other submissions
in | 11 |
| camera. The defendant shall not be required to respond to | 12 |
| any complaint
filed under this Section until 20 days after | 13 |
| the complaint is unsealed and
served upon the defendant.
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| (4) Before the expiration of the 60-day period or any | 15 |
| extensions
obtained under paragraph (3), the State shall:
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| (A) proceed with the action, in which case the | 17 |
| action shall be
conducted by the State; or
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| (B) notify the court that it declines to take over | 19 |
| the action, in which
case the person bringing the | 20 |
| action shall have the right to conduct the action.
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| (5) When a person brings an action under this | 22 |
| subsection (b), no person
other than the State may | 23 |
| intervene or bring a related action based on the
facts | 24 |
| underlying the pending action.
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| (c) Rights of the parties to Qui Tam actions.
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| (1) If the State proceeds
with the action, it shall |
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| have the primary responsibility for prosecuting
the | 2 |
| action, and shall not be bound by an act of the person | 3 |
| bringing the
action. Such person shall have the right to | 4 |
| continue as a party to the
action, subject to the | 5 |
| limitations set forth in paragraph (2).
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| (2) (A) The State may dismiss the action | 7 |
| notwithstanding the objections
of the person | 8 |
| initiating the action if the person has been notified | 9 |
| by the
State of the filing of the motion and the court | 10 |
| has provided the person
with an opportunity for a | 11 |
| hearing on the motion.
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| (B) The State may settle the action with the | 13 |
| defendant notwithstanding
the objections of the person | 14 |
| initiating the action if the court determines,
after a | 15 |
| hearing, that the proposed settlement is fair, | 16 |
| adequate, and reasonable
under all the circumstances. | 17 |
| Upon a showing of good cause, such hearing
may be held | 18 |
| in camera.
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| (C) Upon a showing by the State that unrestricted | 20 |
| participation during
the course of the litigation by | 21 |
| the person initiating the action would
interfere with | 22 |
| or unduly delay the State's prosecution of the case, or
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| would be repetitious, irrelevant, or for purposes of | 24 |
| harassment, the court
may, in its discretion, impose | 25 |
| limitations on the person's participation,
such as:
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| (i) limiting the number of witnesses the |
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| person may call:
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| (ii) limiting the length of the testimony of | 3 |
| such witnesses;
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| (iii) limiting the person's cross-examination | 5 |
| of witnesses; or
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| (iv) otherwise limiting the participation by | 7 |
| the person in the
litigation.
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| (D) Upon a showing by the defendant that | 9 |
| unrestricted participation
during
the course of the | 10 |
| litigation by the person initiating the action would be
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| for purposes of harassment or would cause the defendant | 12 |
| undue burden or
unnecessary expense, the court may | 13 |
| limit the participation by the person in
the | 14 |
| litigation.
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| (3) If the State elects not to proceed with the action, | 16 |
| the person who
initiated the action shall have the right to | 17 |
| conduct the action. If the
State so requests, it shall be | 18 |
| served with copies of all pleadings filed in
the action and | 19 |
| shall be supplied with copies of all deposition transcripts
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| (at the State's expense). When a person proceeds with the | 21 |
| action, the
court, without limiting the status and rights | 22 |
| of the person initiating the
action, may nevertheless | 23 |
| permit the State to intervene at a later date upon
a | 24 |
| showing of good cause.
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| (4) Whether or not the State proceeds with the action, | 26 |
| upon a showing by
the State that certain actions of |
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| discovery by the person initiating the
action would | 2 |
| interfere with the State's investigation or prosecution of | 3 |
| a
criminal or civil matter arising out of the same facts, | 4 |
| the court may stay
such discovery for a period of not more | 5 |
| than 60 days. Such a showing shall
be conducted in camera. | 6 |
| The court may extend the 60-day period upon a
further | 7 |
| showing in camera that the State has pursued the criminal | 8 |
| or civil
investigation or proceedings with reasonable | 9 |
| diligence and any proposed
discovery in the civil action | 10 |
| will interfere with the ongoing criminal or
civil | 11 |
| investigation or proceedings.
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| (5) Notwithstanding subsection (b), the State may | 13 |
| elect to pursue its
claim through any alternate remedy | 14 |
| available to the State, including any
administrative | 15 |
| proceeding to determine a civil money penalty. If any such
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| alternate remedy is pursued in another proceeding, the | 17 |
| person initiating
the action shall have the same rights in | 18 |
| such proceeding as such person
would have had if the action | 19 |
| had continued under this Section. Any finding
of fact or | 20 |
| conclusion of law made in such other proceeding that has | 21 |
| become
final shall be conclusive on all parties to an | 22 |
| action under this Section.
For purposes of the preceding | 23 |
| sentence, a finding or conclusion is final if
it has been | 24 |
| finally determined on appeal to the appropriate court, if | 25 |
| all
time for filing such an appeal with respect to the | 26 |
| finding or conclusion
has expired, or if the finding or |
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| conclusion is not subject to judicial review.
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| (d) Award to Qui Tam plaintiff.
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| (1) If the State proceeds with an
action brought by a | 4 |
| person under subsection (b), such person shall, subject
to | 5 |
| the second sentence of this paragraph, receive at least 15% | 6 |
| but not more
than 25% of the proceeds of the action or | 7 |
| settlement of the claim,
depending upon the extent to which | 8 |
| the person substantially contributed to
the prosecution of | 9 |
| the action. Where the action is one which the court
finds | 10 |
| to be based primarily on disclosures of specific | 11 |
| information (other
than information provided by the person | 12 |
| bringing the action) relating to
allegations or | 13 |
| transactions in a criminal, civil, or administrative
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| hearing, in a legislative, administrative, or Auditor | 15 |
| General's report,
hearing, audit, or investigation, or | 16 |
| from the news media, the court may award
such sums as it | 17 |
| considers appropriate, but in no case more than 10% of the
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| proceeds, taking into account the significance of the | 19 |
| information and the
role of the person bringing the action | 20 |
| in advancing the case to litigation.
Any payment to a | 21 |
| person under the first or second sentence of this
paragraph | 22 |
| (1) shall be made from the proceeds. Any such person shall | 23 |
| also
receive an amount for reasonable expenses which the | 24 |
| court finds to have
been necessarily incurred, plus | 25 |
| reasonable attorneys' fees and costs.
The State shall also | 26 |
| receive an amount for reasonable expenses which the
court |
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| finds to have been necessarily incurred by the Attorney | 2 |
| General,
including reasonable attorneys' fees and costs , | 3 |
| and the amount received
shall be deposited in the | 4 |
| Whistleblower Reward and Protection Fund created
under | 5 |
| this Act . All such expenses, fees, and costs shall be | 6 |
| awarded
against the defendant. The court may award amounts | 7 |
| from the proceeds of an action or settlement that it | 8 |
| considers appropriate to any governmental entity or | 9 |
| program that has been adversely affected by a defendant. | 10 |
| The Attorney General, if necessary, shall direct the State | 11 |
| Treasurer to make a disbursement of funds as provided in | 12 |
| court orders or settlement agreements. When the system of | 13 |
| State colleges and universities, any school
district, any | 14 |
| public community college district, any municipality, any
| 15 |
| municipal corporation, any unit of local government, or any | 16 |
| combination of
the above under an intergovernmental | 17 |
| agreement has been adversely affected
by a defendant, the | 18 |
| court may award such sums as it considers appropriate
to | 19 |
| the affected entity, specifying in its order the amount to | 20 |
| be awarded to
the entity from the net proceeds that are | 21 |
| deposited in the Whistleblower
Reward and Protection Fund.
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| (2) If the State does not proceed with an action under | 23 |
| this Section, the
person bringing the action or settling | 24 |
| the claim shall receive an amount
which the court decides | 25 |
| is reasonable for collecting the civil penalty and
damages. | 26 |
| The amount shall be not less than 25% and not more than 30% |
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| of
the proceeds of the action or settlement and shall be | 2 |
| paid out of such
proceeds. Such person shall also receive | 3 |
| an amount for reasonable expenses
which the court finds to | 4 |
| have been necessarily incurred, plus reasonable
attorneys' | 5 |
| fees and costs. All such expenses, fees, and costs shall be
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| awarded against the defendant. The court may award amounts | 7 |
| from the proceeds of an action or settlement that it | 8 |
| considers appropriate to any governmental entity or | 9 |
| program that has been adversely affected by a defendant. | 10 |
| The Attorney General, if necessary, shall direct the State | 11 |
| Treasurer to make a disbursement of funds as provided in | 12 |
| court orders or settlement agreements.
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| (3) Whether or not the State proceeds with the action, | 14 |
| if the court finds
that the action was brought by a person | 15 |
| who planned and initiated the violation
of Section 3 upon | 16 |
| which the action was brought, then the court may, to the
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| extent the court considers appropriate, reduce the share of | 18 |
| the proceeds of
the action which the person would otherwise | 19 |
| receive under paragraph (1) or
(2) of this subsection (d), | 20 |
| taking into account the role of that person in
advancing | 21 |
| the case to litigation and any relevant circumstances | 22 |
| pertaining
to the violation. If the person bringing the | 23 |
| action is convicted of
criminal conduct arising from his or | 24 |
| her role in the violation of Section
3, that person shall | 25 |
| be dismissed from the civil action and shall not
receive | 26 |
| any share of the proceeds of the action. Such dismissal |
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| shall not
prejudice the right of the State to continue the | 2 |
| action , represented by the Attorney General .
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| (4) If the State does not proceed with the action and | 4 |
| the person
bringing the action conducts the action, the | 5 |
| court may award to the
defendant its reasonable attorneys' | 6 |
| fees and expenses if the defendant
prevails in the action | 7 |
| and the court finds that the claim of the person
bringing | 8 |
| the action was clearly frivolous, clearly vexatious, or | 9 |
| brought
primarily for purposes of harassment.
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| (e) Certain actions barred.
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| (1) No court shall have jurisdiction over an
action | 12 |
| brought by a former or present member of the Guard under | 13 |
| subsection
(b) of this Section against a member of the | 14 |
| Guard arising out of such
person's service in the Guard.
| 15 |
| (2) (A) No court shall have jurisdiction over an action | 16 |
| brought under
subsection (b) against a member of the | 17 |
| General Assembly, a member of the
judiciary, or an | 18 |
| exempt official if the action is based on evidence or
| 19 |
| information known to the State when the action was | 20 |
| brought.
| 21 |
| (B) For purposes of this paragraph (2), "exempt | 22 |
| official" means any of
the following officials in State | 23 |
| service: directors of departments
established under | 24 |
| the Civil Administrative Code of Illinois, the | 25 |
| Adjutant
General, the Assistant Adjutant General, the | 26 |
| Director of the State
Emergency Services and Disaster |
|
|
|
HB5951 Enrolled |
- 18 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| Agency, members of the boards and
commissions, and all | 2 |
| other positions appointed by the Governor by and with
| 3 |
| the consent of the Senate.
| 4 |
| (3) In no event may a person bring an action under | 5 |
| subsection (b) which
is based upon allegations or | 6 |
| transactions which are the subject of a civil
suit or an | 7 |
| administrative civil money penalty proceeding in which the | 8 |
| State
is already a party.
| 9 |
| (4) (A) No court shall have jurisdiction over an | 10 |
| action under this
Section
based upon the public | 11 |
| disclosure of allegations or transactions in a
| 12 |
| criminal, civil, or administrative hearing, in a | 13 |
| legislative,
administrative, or Auditor General's | 14 |
| report, hearing, audit, or
investigation, or from the | 15 |
| news media, unless the action is brought by the
| 16 |
| Attorney General or the person bringing the action is | 17 |
| an original source of
the information.
| 18 |
| (B) For purposes of this paragraph (4), "original | 19 |
| source" means an
individual who has direct and | 20 |
| independent knowledge of the information on
which the | 21 |
| allegations are based and has voluntarily provided the
| 22 |
| information to the State before filing an action under | 23 |
| this Section which
is based on the information.
| 24 |
| (f) State not liable for certain expenses. The State is not | 25 |
| liable for
expenses which a person incurs in bringing an action | 26 |
| under this Section.
|
|
|
|
HB5951 Enrolled |
- 19 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| (g) Relief from retaliatory actions. | 2 |
| (1) In general, any Any employee , contractor, or agent | 3 |
| is entitled to all relief necessary to make that employee, | 4 |
| contractor, or agent whole, if that employee, contractor, | 5 |
| or agent who is discharged, demoted, suspended, | 6 |
| threatened,
harassed, or in any other manner discriminated | 7 |
| against in the terms and
conditions of employment by his or | 8 |
| her employer because of lawful acts done
by the employee , | 9 |
| contractor, or agent on behalf of the employee , contractor, | 10 |
| or agent or associated others in furtherance of other | 11 |
| efforts to stop one or more violations of this Act an | 12 |
| action
under this Section, including investigation for, | 13 |
| initiation of, testimony
for, or assistance in an action | 14 |
| filed or to be filed under this Section,
shall be entitled | 15 |
| to all relief necessary to make the employee whole . Such
| 16 |
| relief | 17 |
| (2) Relief under paragraph (1) shall include | 18 |
| reinstatement with the seniority status that the such | 19 |
| employee , contractor, or agent
would have had but for the | 20 |
| discrimination, 2 times the amount of back pay,
interest on | 21 |
| the back pay, and compensation for any special damages | 22 |
| sustained
as a result of the discrimination, including | 23 |
| litigation costs and
reasonable attorneys' fees. An action | 24 |
| under this subsection (g) may be brought employee may bring | 25 |
| an action in the
appropriate circuit court for the relief | 26 |
| provided in this subsection (g).
|
|
|
|
HB5951 Enrolled |
- 20 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| (Source: P.A. 89-260, eff. 1-1-96.)
| 2 |
| (740 ILCS 175/5) (from Ch. 127, par. 4105)
| 3 |
| Sec. 5. False claims procedure.
| 4 |
| (a) A subpoena requiring the attendance of a witness at a | 5 |
| trial or
hearing conducted under Section 4 of this Act may be | 6 |
| served at any place
in the State.
| 7 |
| (b) A civil action under Section 4 may not be brought:
| 8 |
| (1) more than 6 years after the date on which the | 9 |
| violation of Section
3 is committed, or
| 10 |
| (2) more than 3 years after the date when facts | 11 |
| material to the right of
action are known or reasonably | 12 |
| should have been known by the official of
the State charged | 13 |
| with responsibility to act in the circumstances, but in
no | 14 |
| event more than 10 years after the date on which the | 15 |
| violation is
committed,
| 16 |
| whichever occurs last.
| 17 |
| (c) If the State elects to intervene and proceed with an | 18 |
| action brought under subsection (b) of Section 4, the State may | 19 |
| file its own complaint or amend the complaint of a person who | 20 |
| has brought an action under subsection (b) of Section 4 to | 21 |
| clarify or add detail to the claims in which the State is | 22 |
| intervening and to add any additional claims with respect to | 23 |
| which the State contends it is entitled to relief. For statute | 24 |
| of limitations purposes, any such State pleading shall relate | 25 |
| back to the filing date of the complaint of the person who |
|
|
|
HB5951 Enrolled |
- 21 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| originally brought the action, to the extent that the claim of | 2 |
| the State arises out of the conduct, transactions, or | 3 |
| occurrences set forth, or attempted to be set forth, in the | 4 |
| prior complaint of that person. | 5 |
| (d) (c) In any action brought under Section 4, the State | 6 |
| shall be required
to prove all essential elements of the cause | 7 |
| of action, including damages,
by a preponderance of the | 8 |
| evidence.
| 9 |
| (e) (d) Notwithstanding any other provision of law, a final | 10 |
| judgement
rendered in favor of the State in any criminal | 11 |
| proceeding charging fraud or
false statements, whether upon a | 12 |
| verdict after trial or upon a plea of
guilty, shall estop the | 13 |
| defendant from denying the essential elements of the
offense in | 14 |
| any action which involves the same transaction as in the
| 15 |
| criminal proceeding and which is brought under subsection (a) | 16 |
| or (b)
of Section 4.
| 17 |
| (Source: P.A. 87-662.)
| 18 |
| (740 ILCS 175/6) (from Ch. 127, par. 4106)
| 19 |
| Sec. 6. Subpoenas.
| 20 |
| (a) In general.
| 21 |
| (1) Issuance and service. Whenever the Attorney
| 22 |
| General , or a designee (for purposes of this Section), has | 23 |
| reason to believe that any person may be in possession,
| 24 |
| custody, or control of any documentary material or | 25 |
| information relevant to
an investigation, the Attorney |
|
|
|
HB5951 Enrolled |
- 22 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| General , or a designee, may, before commencing a civil
| 2 |
| proceeding under this Act or making an election under | 3 |
| paragraph (4) of subsection (b) of Section 4 , issue in | 4 |
| writing and cause to be served upon
such person, a subpoena | 5 |
| requiring such
person:
| 6 |
| (A) to produce such documentary material for | 7 |
| inspection and copying,
| 8 |
| (B) to answer, in writing, written interrogatories | 9 |
| with respect to such
documentary material or | 10 |
| information,
| 11 |
| (C) to give oral testimony concerning such | 12 |
| documentary material
or information, or
| 13 |
| (D) to furnish any combination of such material, | 14 |
| answers, or testimony.
| 15 |
| The Attorney General may delegate the authority to issue
| 16 |
| subpoenas under this subsection (a) to the Department of | 17 |
| State
Police subject to conditions as the Attorney General | 18 |
| deems appropriate.
Whenever a subpoena is an express demand | 19 |
| for
any
product of discovery, the Attorney General or his | 20 |
| or her delegate shall cause to be served,
in any manner | 21 |
| authorized by this Section, a copy of such demand upon the
| 22 |
| person from whom the discovery was obtained and shall | 23 |
| notify the person to
whom such demand is issued of the date | 24 |
| on which such copy was served. Any information obtained by | 25 |
| the Attorney General or a designee under this Section may | 26 |
| be shared with any qui tam relator if the Attorney General |
|
|
|
HB5951 Enrolled |
- 23 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| or designee determines it necessary as part of any False | 2 |
| Claims Act investigation.
| 3 |
| (1.5) Where a subpoena requires the production of | 4 |
| documentary material, the respondent shall produce the | 5 |
| original of the documentary material, provided, however, | 6 |
| that the Attorney General , or a designee, may agree that | 7 |
| copies may be substituted for the originals. All | 8 |
| documentary material kept or stored in electronic form, | 9 |
| including electronic mail, shall be produced in native | 10 |
| format, as kept in the normal course of business, or as | 11 |
| otherwise directed by hard copy, unless the Attorney | 12 |
| General or designee agrees that electronic versions may be | 13 |
| substituted for the hard copy . The production of | 14 |
| documentary material shall be made at the respondent's | 15 |
| 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 |
|
|
|
HB5951 Enrolled |
- 24 - |
LRB096 15489 AJO 35974 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 by
| 7 |
| 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 material, | 21 |
| the
submission of any answers to written interrogatories, | 22 |
| or the giving of any
oral testimony if such material, | 23 |
| answers, or testimony would be protected
from disclosure | 24 |
| under:
| 25 |
| (A) the standards applicable to subpoenas or | 26 |
| subpoenas duces tecum
issued by a court of this State |
|
|
|
HB5951 Enrolled |
- 25 - |
LRB096 15489 AJO 35974 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 right | 14 |
| or privilege which the person
making such disclosure may be | 15 |
| entitled to invoke to resist
discovery of trial preparation | 16 |
| 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, corporation, |
|
|
|
HB5951 Enrolled |
- 26 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| association, or other legal entity by:
| 2 |
| (A) delivering an executed copy of such subpoena or
| 3 |
| petition to any
partner, executive officer, managing | 4 |
| agent, general agent, or registered
agent of the | 5 |
| partnership, corporation, association or entity;
| 6 |
| (B) delivering an executed copy of such subpoena or
| 7 |
| petition to the
principal office or place of business | 8 |
| of the partnership, corporation,
association, or | 9 |
| entity; or
| 10 |
| (C) depositing an executed copy of such subpoena or
| 11 |
| petition in the
United States mails by registered or | 12 |
| certified mail, with a return receipt
requested, | 13 |
| addressed to such partnership, corporation, | 14 |
| association, or
entity as its principal office or place | 15 |
| 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 or
| 19 |
| petition to the
person; or
| 20 |
| (B) depositing an executed copy of such subpoena or
| 21 |
| petition in the
United States mails by registered or | 22 |
| 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
|
|
|
|
HB5951 Enrolled |
- 27 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| petition
filed under subsection (j) setting forth the manner of | 2 |
| 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 such |
|
|
|
HB5951 Enrolled |
- 28 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| 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 part | 9 |
| 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 information | 25 |
| is not furnished, the
information shall be identified and | 26 |
| reasons set forth with particularity
regarding the reasons why |
|
|
|
HB5951 Enrolled |
- 29 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| 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
|
|
|
|
HB5951 Enrolled |
- 30 - |
LRB096 15489 AJO 35974 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 such | 7 |
| other place as may be
agreed upon by the
Attorney General | 8 |
| 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 General | 18 |
| may, for good cause, limit the witness to inspection
of the | 19 |
| official transcript of the witness' testimony.
| 20 |
| (5) Conduct of oral testimony.
| 21 |
| (A) Any person compelled to appear for oral | 22 |
| testimony under a
subpoena issued under subsection (a) | 23 |
| may be accompanied,
represented, and advised by | 24 |
| counsel, who may raise objections based on
matters of | 25 |
| privilege in accordance with the rules applicable to | 26 |
| depositions in
civil cases. If such person refuses
to |
|
|
|
HB5951 Enrolled |
- 31 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| answer any question, a petition may be filed in circuit | 2 |
| court under
subsection (j)(1) for an order compelling | 3 |
| such person to answer such question.
| 4 |
| (B) If such person refuses any question on the | 5 |
| grounds of the
privilege against self-incrimination, | 6 |
| the testimony of such person may be
compelled in | 7 |
| accordance with Article 106 of the Code of Criminal | 8 |
| Procedure of
1963.
| 9 |
| (6) Witness fees and allowances. Any person appearing | 10 |
| for oral
testimony under a subpoena issued under
subsection | 11 |
| (a)
shall be entitled to the same fees and allowances which | 12 |
| are paid to
witnesses in the circuit court.
| 13 |
| (i) Custodians of documents, answers, and transcripts.
| 14 |
| (1) Designation. The Attorney General or his or her | 15 |
| delegate shall serve as custodian of documentary material, | 16 |
| answers to
interrogatories, and transcripts of oral | 17 |
| testimony received under this
Section.
| 18 |
| (2) Except as otherwise provided in this Section, no
| 19 |
| documentary
material, answers to interrogatories, or | 20 |
| transcripts of oral testimony, or
copies thereof, while in | 21 |
| the possession of the custodian, shall be
available for | 22 |
| examination by any individual, except as determined | 23 |
| necessary
by
the Attorney General and subject to the | 24 |
| conditions imposed by him or her for
effective enforcement | 25 |
| of the laws of this State, or as otherwise provided by
| 26 |
| court order.
|
|
|
|
HB5951 Enrolled |
- 32 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| (3) Conditions for return of material. If any | 2 |
| documentary
material has
been produced by any person in the | 3 |
| course of any investigation pursuant to
a subpoena under | 4 |
| this Section and:
| 5 |
| (A) any case or proceeding before the court or | 6 |
| grand jury arising out of
such investigation, or any | 7 |
| proceeding before any State agency involving
such | 8 |
| material, has been completed, or
| 9 |
| (B) no case or proceeding in which such material | 10 |
| may be used has been
commenced within a reasonable time | 11 |
| after completion of the examination and
analysis of all | 12 |
| documentary material and other information assembled | 13 |
| in the
course of such investigation,
| 14 |
| the custodian shall, upon written request of the person who | 15 |
| produced such
material, return to such person any such | 16 |
| material which has not passed into the
control of any | 17 |
| court, grand jury, or agency through introduction into the
| 18 |
| record of such case or proceeding.
| 19 |
| (j) Judicial proceedings.
| 20 |
| (1) Petition for enforcement. Whenever any
person | 21 |
| fails to comply with any subpoena
issued under
subsection | 22 |
| (a), or whenever satisfactory copying or reproduction of | 23 |
| any
material requested in such demand cannot be done and | 24 |
| such person refuses to
surrender such material, the | 25 |
| Attorney General may file, in the circuit
court of any | 26 |
| county in which such person resides, is found, or transacts
|
|
|
|
HB5951 Enrolled |
- 33 - |
LRB096 15489 AJO 35974 b |
|
| 1 |
| business, or the circuit court of the county in which an | 2 |
| action filed
pursuant to Section 4 of this Act is pending | 3 |
| if the action relates to the
subject matter of the subpoena | 4 |
| and serve upon such person a petition for an
order of such | 5 |
| court
for the enforcement of the subpoena.
| 6 |
| (2) Petition to modify or set aside subpoena.
| 7 |
| (A) Any person who has
received a subpoena issued | 8 |
| under subsection
(a) may
file, in the circuit court of | 9 |
| any county within which such person resides,
is found, | 10 |
| or transacts business, and serve upon the Attorney | 11 |
| General a petition for an order of the court to modify | 12 |
| or set aside
such subpoena. In the case of a petition | 13 |
| addressed to an express
demand for
any product of | 14 |
| discovery, a petition to modify or set aside such | 15 |
| demand
may be brought only in the circuit court of the | 16 |
| county in which the
proceeding in which such discovery | 17 |
| was obtained is or was last pending. Any
petition under | 18 |
| this subparagraph (A) must be filed:
| 19 |
| (i) within 20 days after the date of service of | 20 |
| the subpoena, or at any time before the return date | 21 |
| specified in
the subpoena, whichever date is | 22 |
| earlier, or
| 23 |
| (ii) within such longer period as may be | 24 |
| prescribed in writing by
the Attorney General.
| 25 |
| (B) The petition shall specify each ground upon | 26 |
| which the petitioner
relies in seeking relief under |
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| subparagraph (A), and may be based upon any
failure of | 2 |
| the subpoena to comply with the provisions of this
| 3 |
| Section or upon
any constitutional or other legal right | 4 |
| or privilege of such person. During
the pendency of the | 5 |
| petition in the court, the court may stay, as it deems
| 6 |
| proper, the running of the time allowed for compliance | 7 |
| with the subpoena, in
whole or in part, except that the | 8 |
| person filing the petition shall comply
with any | 9 |
| portion of the subpoena not sought to be modified or
| 10 |
| set aside.
| 11 |
| (3) Petition to modify or set aside demand for product | 12 |
| of
discovery. In the case of any subpoena issued under
| 13 |
| subsection (a)
which is an express demand for any product | 14 |
| of discovery, the person from
whom such discovery was | 15 |
| obtained may file, in the circuit court of the
county in | 16 |
| which the proceeding in which such discovery was obtained | 17 |
| is or
was last pending, a petition for an order of such | 18 |
| court
to modify or set aside those portions of the subpoena | 19 |
| requiring
production of
any such product of discovery, | 20 |
| subject to the same terms, conditions, and
limitations set | 21 |
| forth in subparagraph (j)(2) of this Section.
| 22 |
| (4) Jurisdiction. Whenever any petition is filed in any
| 23 |
| circuit court
under this subsection (j), such court shall | 24 |
| have jurisdiction to hear and
determine the matter so | 25 |
| presented, and to enter such orders as may
be required to | 26 |
| carry out the provisions of this Section. Any final order |
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| so
entered shall be subject to appeal in the same manner as | 2 |
| appeals of other
final orders in civil matters. Any | 3 |
| disobedience of any final order entered
under this Section | 4 |
| by any court shall be punished as a contempt of the court.
| 5 |
| (k) Disclosure exemption. Any documentary material, | 6 |
| answers to written
interrogatories, or oral testimony provided | 7 |
| under any subpoena issued under subsection (a) shall be exempt | 8 |
| from disclosure under
the Illinois Administrative Procedure | 9 |
| Act.
| 10 |
| (Source: P.A. 93-579, eff. 1-1-04; 94-940, eff. 1-1-07.)
| 11 |
| (740 ILCS 175/8) (from Ch. 127, par. 4108)
| 12 |
| Sec. 8. Funds; Grants.
| 13 |
| (a) There is hereby created the Whistleblower Reward and | 14 |
| Protection
Fund as a special fund in the State Treasury. All | 15 |
| proceeds of an action or
settlement of a claim brought under | 16 |
| this Act shall be deposited in the Fund. Any attorneys' fees, | 17 |
| expenses, and costs paid by or awarded against any defendant | 18 |
| pursuant to Section 4 of this Act shall not be considered part | 19 |
| of the proceeds to be deposited in the Fund.
| 20 |
| (b) Monies in the Fund shall be allocated, subject to | 21 |
| appropriation, as
follows: One-sixth of the monies shall be | 22 |
| paid to the Attorney General and
one-sixth of the monies shall | 23 |
| be paid to the Department of State Police for
State law | 24 |
| enforcement purposes. The remaining two-thirds of the monies in
| 25 |
| the Fund shall be used for payment of awards to Qui Tam
|
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| plaintiffs , for attorneys' fees and expenses, and as otherwise | 2 |
| specified in
this Act , with any remainder to the General | 3 |
| Revenue Fund . The Attorney General shall direct the State | 4 |
| Treasurer to make
disbursement of funds as provided in court | 5 |
| orders setting those awards,
fees, and expenses . The State | 6 |
| Treasurer shall transfer any fund balances
in excess of those | 7 |
| required for these purposes to the General Revenue Fund.
| 8 |
| (Source: P.A. 87-662.)
| 9 |
| Section 95. No acceleration or delay. Where this Act makes | 10 |
| changes in a statute that is represented in this Act by text | 11 |
| that is not yet or no longer in effect (for example, a Section | 12 |
| represented by multiple versions), the use of that text does | 13 |
| not accelerate or delay the taking effect of (i) the changes | 14 |
| made by this Act or (ii) provisions derived from any other | 15 |
| Public Act.
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
|
|