Public Act 094-1059
 		





SB0630 Enrolled
LRB094 04370 RCE 34399 b






    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 5-87. The Whistleblower Reward and Protection Act 
is amended  by changing Section 3 as follows:
 



    (740 ILCS 175/3)  (from Ch. 127, par. 4103)


    Sec. 3. False claims. 

    (a) Liability for certain acts. Any person who:


        (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;


        (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;


        (3) conspires to defraud the State by getting a false 
    or fraudulent
claim allowed or paid;


        (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;


        (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;


        (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


        (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,

is liable to the State for a civil penalty of not less than 
$5,500
$5,000 and not
more than $11,000
$10,000, 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.

    (b) Knowing and knowingly defined.  As used in this Section, 
the terms
"knowing" and "knowingly" mean that a person, with 
respect to information:


        (1) has actual knowledge of the information;


        (2) acts in deliberate ignorance of the truth or 
    falsity of the
information; or


        (3) acts in reckless disregard of the truth or falsity 
    of the
information, and no proof of specific intent to 
    defraud is required.

    (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

recipient for any portion of the money or property which is 
requested
or demanded.

    (d) Exclusion.  This Section does not apply to claims, 
records, or
statements made under the Illinois Income Tax Act.

(Source: P.A. 87-662.)


 

    Section 99. Effective date. This Act takes effect upon 
becoming law.