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| Public Act 094-1059 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5-87. The Whistleblower Reward and Protection Act | ||||
is amended by changing Section 3 as follows:
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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,
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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
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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.
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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. 87-662.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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