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Illinois House Bill HB2188

Illinois 2023-2024 Regular Session

Illinois House Bill HB2188 Compare Versions

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1-Public Act 103-0145
21 HB2188 EnrolledLRB103 28952 KTG 55338 b HB2188 Enrolled LRB103 28952 KTG 55338 b
32 HB2188 Enrolled LRB103 28952 KTG 55338 b
4-AN ACT concerning the fraud.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Act on the Aging is amended by
8-changing Section 4.04a as follows:
9-(20 ILCS 105/4.04a)
10-Sec. 4.04a. Illinois Long-Term Care Council.
11-(a) Purpose. The purpose of this Section is to ensure that
12-consumers over the age of 60 residing in facilities licensed
13-or regulated under the Nursing Home Care Act, Skilled Nursing
14-and Intermediate Care Facilities Code, Sheltered Care
15-Facilities Code, and the Illinois Veterans' Homes Code receive
16-high quality long-term care through an effective Illinois
17-Long-Term Care Council.
18-(b) Maintenance and operation of the Illinois Long-Term
19-Care Council.
20-(1) The Department shall develop a fair and impartial
21-process for recruiting and receiving nominations for
22-members for the Illinois Long-Term Care Council from the
23-State Long-Term Care Ombudsman, the area agencies on
24-aging, regional ombudsman programs, provider agencies, and
25-other public agencies, using a nomination form provided by
26-the Department.
3+1 AN ACT concerning the fraud.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Act on the Aging is amended by
7+5 changing Section 4.04a as follows:
8+6 (20 ILCS 105/4.04a)
9+7 Sec. 4.04a. Illinois Long-Term Care Council.
10+8 (a) Purpose. The purpose of this Section is to ensure that
11+9 consumers over the age of 60 residing in facilities licensed
12+10 or regulated under the Nursing Home Care Act, Skilled Nursing
13+11 and Intermediate Care Facilities Code, Sheltered Care
14+12 Facilities Code, and the Illinois Veterans' Homes Code receive
15+13 high quality long-term care through an effective Illinois
16+14 Long-Term Care Council.
17+15 (b) Maintenance and operation of the Illinois Long-Term
18+16 Care Council.
19+17 (1) The Department shall develop a fair and impartial
20+18 process for recruiting and receiving nominations for
21+19 members for the Illinois Long-Term Care Council from the
22+20 State Long-Term Care Ombudsman, the area agencies on
23+21 aging, regional ombudsman programs, provider agencies, and
24+22 other public agencies, using a nomination form provided by
25+23 the Department.
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33-(2) The Department shall appoint members to the
34-Illinois Long-Term Care Council in a timely manner.
35-(3) The Department shall consider and act in good
36-faith regarding the Illinois Long-Term Care Council's
37-annual report and its recommendations.
38-(4) The Director shall appoint to the Illinois
39-Long-Term Care Council at least 18 but not more than 25
40-members.
41-(c) Responsibilities of the State Long-Term Care
42-Ombudsman, area agencies on aging, regional long-term care
43-ombudsman programs, and provider agencies. The State Long-Term
44-Care Ombudsman and each area agency on aging, regional
45-long-term care ombudsman program, and provider agency shall
46-solicit names and recommend members to the Department for
47-appointment to the Illinois Long-Term Care Council.
48-(d) Powers and duties. The Illinois Long-Term Care Council
49-shall do the following:
50-(1) Make recommendations and comment on issues
51-pertaining to long-term care and the State Long-Term Care
52-Ombudsman Program to the Department.
53-(2) Advise the Department on matters pertaining to the
54-quality of life and quality of care in the continuum of
55-long-term care.
56-(3) Evaluate, comment on reports regarding, and make
57-recommendations on, the quality of life and quality of
58-care in long-term care facilities and on the duties and
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34+1 (2) The Department shall appoint members to the
35+2 Illinois Long-Term Care Council in a timely manner.
36+3 (3) The Department shall consider and act in good
37+4 faith regarding the Illinois Long-Term Care Council's
38+5 annual report and its recommendations.
39+6 (4) The Director shall appoint to the Illinois
40+7 Long-Term Care Council at least 18 but not more than 25
41+8 members.
42+9 (c) Responsibilities of the State Long-Term Care
43+10 Ombudsman, area agencies on aging, regional long-term care
44+11 ombudsman programs, and provider agencies. The State Long-Term
45+12 Care Ombudsman and each area agency on aging, regional
46+13 long-term care ombudsman program, and provider agency shall
47+14 solicit names and recommend members to the Department for
48+15 appointment to the Illinois Long-Term Care Council.
49+16 (d) Powers and duties. The Illinois Long-Term Care Council
50+17 shall do the following:
51+18 (1) Make recommendations and comment on issues
52+19 pertaining to long-term care and the State Long-Term Care
53+20 Ombudsman Program to the Department.
54+21 (2) Advise the Department on matters pertaining to the
55+22 quality of life and quality of care in the continuum of
56+23 long-term care.
57+24 (3) Evaluate, comment on reports regarding, and make
58+25 recommendations on, the quality of life and quality of
59+26 care in long-term care facilities and on the duties and
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61-responsibilities of the State Long-Term Care Ombudsman
62-Program.
63-(4) Prepare and circulate an annual report to the
64-Governor, the General Assembly, and other interested
65-parties concerning the duties and accomplishments of the
66-Illinois Long-Term Care Council and all other related
67-matters pertaining to long-term care and the protection of
68-residents' rights.
69-(5) Provide an opportunity for public input at each
70-scheduled meeting.
71-(6) Make recommendations to the Director, upon his or
72-her request, as to individuals who are capable of serving
73-as the State Long-Term Care Ombudsman and who should make
74-appropriate application for that position should it become
75-vacant.
76-(e) Composition and operation. The Illinois Long-Term Care
77-Council shall be composed of at least 18 but not more than 25
78-members concerned about the quality of life in long-term care
79-facilities and protecting the rights of residents, including
80-members from long-term care facilities. The State Long-Term
81-Care Ombudsman shall be a permanent member of the Long-Term
82-Care Council. Members shall be appointed for a 4-year term
83-with initial appointments staggered with 2-year, 3-year, and
84-4-year terms. A lottery will determine the terms of office for
85-the members of the first term. Members may be reappointed to a
86-term but no member may be reappointed to more than 2
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89-consecutive terms. The Illinois Long-Term Care Council shall
90-meet a minimum of 3 times per calendar year.
91-(f) Member requirements. All members shall be individuals
92-who have demonstrated concern about the quality of life in
93-long-term care facilities. A minimum of 3 members must be
94-current or former residents of long-term care facilities or
95-the family member of a current or former resident of a
96-long-term care facility. A minimum of 2 members shall
97-represent current or former long-term care facility resident
98-councils or family councils. A minimum of 4 members shall be
99-selected from recommendations by organizations whose members
100-consist of long-term care facilities. A representative of
101-long-term care facility employees must also be included as a
102-member. A minimum of 2 members shall be selected from
103-recommendations of membership-based senior advocacy groups or
104-consumer organizations that engage solely in legal
105-representation on behalf of residents and immediate families.
106-There shall be non-voting State agency members on the
107-Long-Term Care Council from the following agencies: (i) the
108-Department of Veterans' Affairs; (ii) the Department of Human
109-Services; (iii) the Department of Public Health; (iv) the
110-Department on Aging; (v) the Department of Healthcare and
111-Family Services; (vi) the Office of the Attorney General
112-Illinois State Police Medicaid Fraud Control Unit; and (vii)
113-others as appropriate.
114-(Source: P.A. 95-331, eff. 8-21-07.)
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117-Section 10. The Illinois Public Aid Code is amended by
118-changing Sections 8A-7 and 12-4.41 as follows:
119-(305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
120-Sec. 8A-7. Civil Remedies. (a) A person who receives
121-financial aid by means of a false statement, willful
122-misrepresentation or by his failure to notify the county
123-department or local governmental unit, as the case may be, of a
124-change in his status as required by Sections 11-18 and 11-19,
125-for the purpose of preventing the denial, cancellation or
126-suspension of his grant, or a variation in the amount thereof,
127-or by other fraudulent device, or a person who knowingly aids
128-or abets any person in obtaining financial aid for which he is
129-not eligible, shall be answerable to the county department or
130-the local governmental unit, as the case may be, for refunding
131-the entire amount of aid received. If the refund is not made,
132-it shall be recoverable in a civil action from the person who
133-received the aid, or from anyone who willfully aided such
134-person to obtain the aid. If an act which would be unlawful
135-under Section 8A-2 is proven, the court may as a penalty assess
136-an additional sum of money, not to exceed the entire amount of
137-aid provided, against the recipient or against any person who
138-willfully aided the recipient. If assessed, the penalty shall
139-be included in any judgment entered for the aid received, and
140-paid to the county department or the local governmental unit,
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70+1 responsibilities of the State Long-Term Care Ombudsman
71+2 Program.
72+3 (4) Prepare and circulate an annual report to the
73+4 Governor, the General Assembly, and other interested
74+5 parties concerning the duties and accomplishments of the
75+6 Illinois Long-Term Care Council and all other related
76+7 matters pertaining to long-term care and the protection of
77+8 residents' rights.
78+9 (5) Provide an opportunity for public input at each
79+10 scheduled meeting.
80+11 (6) Make recommendations to the Director, upon his or
81+12 her request, as to individuals who are capable of serving
82+13 as the State Long-Term Care Ombudsman and who should make
83+14 appropriate application for that position should it become
84+15 vacant.
85+16 (e) Composition and operation. The Illinois Long-Term Care
86+17 Council shall be composed of at least 18 but not more than 25
87+18 members concerned about the quality of life in long-term care
88+19 facilities and protecting the rights of residents, including
89+20 members from long-term care facilities. The State Long-Term
90+21 Care Ombudsman shall be a permanent member of the Long-Term
91+22 Care Council. Members shall be appointed for a 4-year term
92+23 with initial appointments staggered with 2-year, 3-year, and
93+24 4-year terms. A lottery will determine the terms of office for
94+25 the members of the first term. Members may be reappointed to a
95+26 term but no member may be reappointed to more than 2
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143-as the case may be. Upon entry of the judgment a lien shall
144-attach to all property and assets of such person until the
145-judgment is satisfied.
146-(b) Any person, firm, corporation, association, agency,
147-institution or other legal entity, other than an individual
148-recipient, that willfully, by means of a false statement or
149-representation, or by concealment of any material fact or by
150-other fraudulent scheme or device on behalf of himself or
151-others, obtains or attempts to obtain benefits or payments
152-under this Code to which he or it is not entitled, or in a
153-greater amount than that to which he or it is entitled, shall
154-be liable for repayment of any excess benefits or payments
155-received and, in addition to any other penalties provided by
156-law, civil penalties consisting of (1) the interest on the
157-amount of excess benefits or payments at the maximum legal
158-rate in effect on the date the payment was made to such person,
159-firm, corporation, association, agency, institution or other
160-legal entity for the period from the date upon which payment
161-was made to the date upon which repayment is made to the State,
162-(2) an amount not to exceed 3 times the amount of such excess
163-benefits or payments, and (3) the sum of $2,000 for each
164-excessive claim for benefits or payments. Upon entry of a
165-judgment for repayment of any excess benefits or payments, or
166-for any civil penalties assessed by the court, a lien shall
167-attach to all property and assets of such person, firm,
168-corporation, association, agency, institution or other legal
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171-entity until the judgment is satisfied.
172-(c) Civil recoveries provided for in this Section may be
173-recoverable in court proceedings initiated by the Attorney
174-General or, in actions involving a local governmental unit, by
175-the State's Attorney.
176-(d) Any person who commits the offense of vendor fraud or
177-recipient fraud as defined in Section 8A-2 and Section 8A-3 of
178-this Article shall forfeit, according to the provisions of
179-this subsection, any monies, profits or proceeds, and any
180-interest or property which the sentencing court determines he
181-has acquired or maintained, directly or indirectly, in whole
182-or in part as a result of such offense. Such person shall also
183-forfeit any interest in, securities of, claim against, or
184-contractual right of any kind which affords him a source of
185-influence over, any enterprise which he has established,
186-operated, controlled, conducted, or participated in
187-conducting, where his relationship to or connection with any
188-such thing or activity directly or indirectly, in whole or in
189-part, is traceable to any thing or benefit which he has
190-obtained or acquired through vendor fraud or recipient fraud.
191-Proceedings instituted pursuant to this subsection shall
192-be subject to and conducted in accordance with the following
193-procedures:
194-(1) The sentencing court shall, upon petition by the
195-Attorney General or State's Attorney at any time following
196-sentencing, conduct a hearing to determine whether any
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199-property or property interest is subject to forfeiture under
200-this subsection. At the forfeiture hearing the People shall
201-have the burden of establishing, by a preponderance of the
202-evidence, that the property or property interests are subject
203-to such forfeiture.
204-(2) In any action brought by the People of the State of
205-Illinois under this Section, in which any restraining order,
206-injunction or prohibition or any other action in connection
207-with any property or interest subject to forfeiture under this
208-subsection is sought, the circuit court presiding over the
209-trial of the person charged with recipient fraud or vendor
210-fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
211-first determine whether there is probable cause to believe
212-that the person so charged has committed the offense of
213-recipient fraud or vendor fraud and whether the property or
214-interest is subject to forfeiture under this subsection. To
215-make such a determination, prior to entering any such order,
216-the court shall conduct a hearing without a jury, at which the
217-People shall establish that there is (i) probable cause that
218-the person so charged has committed the offense of recipient
219-fraud or vendor fraud and (ii) probable cause that any
220-property or interest may be subject to forfeiture pursuant to
221-this subsection. Such hearing may be conducted simultaneously
222-with a preliminary hearing, if the prosecution is commenced by
223-information or complaint, or by motion of the People at any
224-stage in the proceedings. The court may accept a finding of
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106+1 consecutive terms. The Illinois Long-Term Care Council shall
107+2 meet a minimum of 3 times per calendar year.
108+3 (f) Member requirements. All members shall be individuals
109+4 who have demonstrated concern about the quality of life in
110+5 long-term care facilities. A minimum of 3 members must be
111+6 current or former residents of long-term care facilities or
112+7 the family member of a current or former resident of a
113+8 long-term care facility. A minimum of 2 members shall
114+9 represent current or former long-term care facility resident
115+10 councils or family councils. A minimum of 4 members shall be
116+11 selected from recommendations by organizations whose members
117+12 consist of long-term care facilities. A representative of
118+13 long-term care facility employees must also be included as a
119+14 member. A minimum of 2 members shall be selected from
120+15 recommendations of membership-based senior advocacy groups or
121+16 consumer organizations that engage solely in legal
122+17 representation on behalf of residents and immediate families.
123+18 There shall be non-voting State agency members on the
124+19 Long-Term Care Council from the following agencies: (i) the
125+20 Department of Veterans' Affairs; (ii) the Department of Human
126+21 Services; (iii) the Department of Public Health; (iv) the
127+22 Department on Aging; (v) the Department of Healthcare and
128+23 Family Services; (vi) the Office of the Attorney General
129+24 Illinois State Police Medicaid Fraud Control Unit; and (vii)
130+25 others as appropriate.
131+26 (Source: P.A. 95-331, eff. 8-21-07.)
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227-probable cause at a preliminary hearing following the filing
228-of an information charging the offense of recipient fraud or
229-vendor fraud as defined in Sections 8A-2 or 8A-3 or the return
230-of an indictment by a grand jury charging the offense of
231-recipient fraud or vendor fraud as defined in Sections 8A-2 or
232-8A-3 of this Article as sufficient evidence of probable cause
233-as provided in item (i) above. Upon such a finding, the circuit
234-court shall enter such restraining order, injunction or
235-prohibition, or shall take such other action in connection
236-with any such property or other interest subject to forfeiture
237-under this Act as is necessary to insure that such property is
238-not removed from the jurisdiction of the court, concealed,
239-destroyed or otherwise disposed of by the owner of that
240-property or interest prior to a forfeiture hearing under this
241-subsection. The Attorney General or State's Attorney shall
242-file a certified copy of such restraining order, injunction or
243-other prohibition with the recorder of deeds or registrar of
244-titles of each county where any such property of the defendant
245-may be located. No such injunction, restraining order or other
246-prohibition shall affect the rights of any bonafide purchaser,
247-mortgagee, judgement creditor or other lien holder arising
248-prior to the date of such filing. The court may, at any time,
249-upon verified petition by the defendant, conduct a hearing to
250-determine whether all or portions of any such property or
251-interest which the court previously determined to be subject
252-to forfeiture or subject to any restraining order, injunction,
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255-or prohibition or other action, should be released. The court
256-may in its discretion release such property to the defendant
257-for good cause shown.
258-(3) Upon conviction of a person under this Article, the
259-court shall authorize the Director of the Illinois State
260-Police to seize all property or other interest declared
261-forfeited under this subsection upon such terms and conditions
262-as the court shall deem proper.
263-(4) The Director of the Illinois State Police is
264-authorized to sell all property forfeited and seized pursuant
265-to this subsection, unless such property is required by law to
266-be destroyed or is harmful to the public. After the deduction
267-of all requisite expenses of administration and sale, the
268-court shall order the Director to distribute to the Illinois
269-Department an amount from the proceeds of the forfeited
270-property, or monies forfeited or seized, which will satisfy
271-any unsatisfied court order of restitution entered pursuant to
272-a conviction under this Article. If the proceeds are less than
273-the amount necessary to satisfy the order of restitution, the
274-Director shall distribute to the Illinois Department the
275-entire amount of the remaining proceeds. The Director shall
276-distribute any remaining proceeds of such sale, along with any
277-monies forfeited or seized, in accordance with the following
278-schedules:
279-(a) 25% shall be distributed to the unit of local
280-government whose officers or employees conducted the
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283-investigation into recipient fraud or vendor fraud and caused
284-the arrest or arrests and prosecution leading to the
285-forfeiture. Amounts distributed to units of local government
286-shall be used solely for enforcement matters relating to
287-detection, investigation or prosecution of recipient fraud or
288-vendor fraud as defined in Section 8A-2 or 8A-3 of this
289-Article. Where the investigation, arrest or arrests leading to
290-the prosecution and forfeiture is undertaken solely by the
291-Office of the Attorney General Illinois State Police, the
292-portion provided hereunder shall be paid into the Medicaid
293-Fraud and Abuse Prevention Fund, which is hereby created in
294-the State treasury. Monies from this fund shall be used by the
295-Office of the Attorney General Illinois State Police for the
296-furtherance of enforcement matters relating to detection,
297-investigation or prosecution of recipient fraud or vendor
298-fraud. Monies directed to this fund shall be used in addition
299-to, and not as a substitute for, funds annually appropriated
300-to the Office of the Attorney General Illinois State Police
301-for medicaid fraud enforcement.
302-(b) 25% shall be distributed to the county in which the
303-prosecution and petition for forfeiture resulting in the
304-forfeiture was instituted, and deposited in a special fund in
305-the county treasury and appropriated to the State's Attorney
306-for use solely in enforcement matters relating to detection,
307-investigation or prosecution of recipient fraud or vendor
308-fraud; however, if the Attorney General brought the
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142+1 Section 10. The Illinois Public Aid Code is amended by
143+2 changing Sections 8A-7 and 12-4.41 as follows:
144+3 (305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
145+4 Sec. 8A-7. Civil Remedies. (a) A person who receives
146+5 financial aid by means of a false statement, willful
147+6 misrepresentation or by his failure to notify the county
148+7 department or local governmental unit, as the case may be, of a
149+8 change in his status as required by Sections 11-18 and 11-19,
150+9 for the purpose of preventing the denial, cancellation or
151+10 suspension of his grant, or a variation in the amount thereof,
152+11 or by other fraudulent device, or a person who knowingly aids
153+12 or abets any person in obtaining financial aid for which he is
154+13 not eligible, shall be answerable to the county department or
155+14 the local governmental unit, as the case may be, for refunding
156+15 the entire amount of aid received. If the refund is not made,
157+16 it shall be recoverable in a civil action from the person who
158+17 received the aid, or from anyone who willfully aided such
159+18 person to obtain the aid. If an act which would be unlawful
160+19 under Section 8A-2 is proven, the court may as a penalty assess
161+20 an additional sum of money, not to exceed the entire amount of
162+21 aid provided, against the recipient or against any person who
163+22 willfully aided the recipient. If assessed, the penalty shall
164+23 be included in any judgment entered for the aid received, and
165+24 paid to the county department or the local governmental unit,
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311-prosecution resulting in the forfeiture, the portion provided
312-hereunder shall be paid into the Medicaid Fraud and Abuse
313-Prevention Fund, to be used by the Medicaid Fraud Control Unit
314-of the Office of the Attorney General Illinois State Police
315-for enforcement matters relating to detection, investigation
316-or prosecution of recipient fraud or vendor fraud. Where the
317-Attorney General and a State's Attorney have jointly
318-participated in any portion of the proceedings, 12.5% shall be
319-distributed to the county in which the prosecution resulting
320-in the forfeiture was instituted, and used as specified
321-herein, and 12.5% shall be paid into the Medicaid Fraud and
322-Abuse Prevention Fund, and used as specified herein.
323-(c) 50% shall be transmitted to the State Treasurer for
324-deposit in the General Revenue Fund.
325-(Source: P.A. 102-538, eff. 8-20-21.)
326-(305 ILCS 5/12-4.41)
327-Sec. 12-4.41. Public Benefits Fraud Protection Task Force.
328-(a) Purpose. The purpose of the Public Benefits Fraud
329-Protection Task Force is to conduct a thorough review of the
330-nature of public assistance fraud in the State of Illinois; to
331-ascertain the feasibility of implementing a mechanism to
332-determine the pervasiveness and frequency of public assistance
333-fraud; to calculate the detriment of public assistance fraud
334-to the financial status and socio-economic status of public
335-aid recipients specifically and Illinois taxpayers generally;
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338-and to determine if more stringent penalties or compassionate
339-procedures are necessary.
340-(b) Definitions. As used in this Section:
341-"Task Force" means the Public Benefits Fraud Protection
342-Task Force.
343-"Public assistance" or "public aid" includes, without
344-limitation, Medicaid, TANF, the Illinois LINK Program, General
345-Assistance, Transitional Assistance, the Supplemental
346-Nutrition Assistance Program, and the Child Care Assistance
347-Program.
348-(c) The Public Benefits Fraud Protection Task Force. The
349-Public Benefits Fraud Protection Task Force is created. The
350-Task Force shall be composed of 17 members appointed as
351-follows:
352-(1) One member of the Illinois Senate appointed by the
353-President of the Senate, who shall be co-chair to the Task
354-Force;
355-(2) One member of the Illinois Senate appointed by the
356-Senate Minority Leader;
357-(3) One member of the Illinois House of
358-Representatives appointed by the Speaker of the House of
359-Representatives, who shall be co-chair to the Task Force;
360-(4) One member of the Illinois House of
361-Representatives appointed by the House Minority Leader;
362-(5) The following persons, or their designees: the
363-Director of Public Health, the Director of Healthcare and
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366-Family Services, and the Secretary of Human Services;
367-(6) The Director of the Illinois Department on Aging,
368-or his or her designee;
369-(7) The Executive Inspector General appointed by the
370-Governor, or his or her designee;
371-(8) The Inspector General of the Illinois Department
372-of Human Services, or his or her designee;
373-(9) A representative from the Office of the Attorney
374-General Illinois State Police Medicaid Fraud Control Unit;
375-(10) Three persons, who are not currently employed by
376-a State agency, appointed by the Secretary of Human
377-Services, one of whom shall be a person with professional
378-experience in child care issues, one of whom shall be a
379-person with knowledge and experience in legal aid
380-services, and one of whom shall be a person with knowledge
381-and experience in poverty law;
382-(11) The Attorney General, or his or her designee;
383-(12) A representative of a union representing front
384-line State employees who administer public benefits
385-programs; and
386-(13) A representative of a statewide business
387-association.
388-(d) Compensation and qualifications. Members shall serve
389-without compensation and shall be adults and residents of
390-Illinois.
391-(e) Appointments. Appointments shall be made 90 days from
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176+1 as the case may be. Upon entry of the judgment a lien shall
177+2 attach to all property and assets of such person until the
178+3 judgment is satisfied.
179+4 (b) Any person, firm, corporation, association, agency,
180+5 institution or other legal entity, other than an individual
181+6 recipient, that willfully, by means of a false statement or
182+7 representation, or by concealment of any material fact or by
183+8 other fraudulent scheme or device on behalf of himself or
184+9 others, obtains or attempts to obtain benefits or payments
185+10 under this Code to which he or it is not entitled, or in a
186+11 greater amount than that to which he or it is entitled, shall
187+12 be liable for repayment of any excess benefits or payments
188+13 received and, in addition to any other penalties provided by
189+14 law, civil penalties consisting of (1) the interest on the
190+15 amount of excess benefits or payments at the maximum legal
191+16 rate in effect on the date the payment was made to such person,
192+17 firm, corporation, association, agency, institution or other
193+18 legal entity for the period from the date upon which payment
194+19 was made to the date upon which repayment is made to the State,
195+20 (2) an amount not to exceed 3 times the amount of such excess
196+21 benefits or payments, and (3) the sum of $2,000 for each
197+22 excessive claim for benefits or payments. Upon entry of a
198+23 judgment for repayment of any excess benefits or payments, or
199+24 for any civil penalties assessed by the court, a lien shall
200+25 attach to all property and assets of such person, firm,
201+26 corporation, association, agency, institution or other legal
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393203
394-the effective date of this amendatory Act of the 96th General
395-Assembly.
396-(f) Hearings. The Task Force shall solicit comments from
397-stakeholders and hold public hearings before filing any report
398-required by this Section. At the public hearings, the Task
399-Force shall allow interested persons to present their views
400-and comments. The Task Force shall submit all reports required
401-by this Section to the Governor and the General Assembly. In
402-addition to the reports required by this Section, the Task
403-Force may provide, at its discretion, interim reports and
404-recommendations. The Department of Human Services shall
405-provide administrative support to the Task Force.
406-(g) Task Force duties. The Task Force shall gather
407-information and make recommendations relating to at least the
408-following topics in relation to public assistance fraud:
409-(1) Reviews of provider billing of public aid claims.
410-(2) Reviews of recipient utilization of public aid.
411-(3) Protocols for investigating recipient public aid
412-fraud.
413-(4) Protocols for investigating provider public aid
414-fraud.
415-(5) Reporting of alleged fraud by private citizens
416-through qui tam actions.
417-(6) Examination of current fraud prevention measures
418-which may hinder legitimate aid claims.
419-(7) Coordination between relevant agencies in fraud
420204
421205
422-investigation.
423-(8) Financial audit of the current costs borne by aid
424-recipients and Illinois government through fraud.
425-(9) Examination of enhanced penalties for fraudulent
426-recipients and providers.
427-(10) Enhanced whistleblower protections.
428-(11) Voluntary assistance from businesses and
429-community groups in efforts to curb fraud.
430-(h) Task Force recommendations. Any of the findings,
431-recommendations, public postings, and other relevant
432-information regarding the Task Force shall be made available
433-on the Department of Human Services' website.
434-(i) Reporting requirements. The Task Force shall submit
435-findings and recommendations to the Governor and the General
436-Assembly by December 31, 2011, including any necessary
437-implementing legislation, and recommendations for changes to
438-policies, rules, or procedures that are not incorporated in
439-the implementing legislation.
440-(j) Dissolution of Task Force. The Task Force shall be
441-dissolved 90 days after its report has been submitted to the
442-Governor's Office and the General Assembly.
443-(Source: P.A. 96-1346, eff. 1-1-11; 97-333, eff. 8-12-11.)
444-Section 15. The Illinois False Claims Act is amended by
445-changing Sections 2, 4, 6, and 8 as follows:
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446208
447209
448-(740 ILCS 175/2) (from Ch. 127, par. 4102)
449-Sec. 2. Definitions. As used in this Act:
450-(a) "State" means the State of Illinois; any agency of
451-State government; the system of State colleges and
452-universities, any school district, community college district,
453-county, municipality, municipal corporation, unit of local
454-government, and any combination of the above under an
455-intergovernmental agreement that includes provisions for a
456-governing body of the agency created by the agreement.
457-(b) "Guard" means the Illinois National Guard.
458-(c) "Investigation" means any inquiry conducted by any
459-investigator for the purpose of ascertaining whether any
460-person is or has been engaged in any violation of this Act.
461-(d) "Investigator" means a person who is charged by the
462-Attorney General or the Illinois State Police with the duty of
463-conducting any investigation under this Act, or any officer or
464-employee of the State acting under the direction and
465-supervision of the Attorney General or the Illinois State
466-Police, in the course of an investigation.
467-(e) "Documentary material" includes the original or any
468-copy of any book, record, report, memorandum, paper,
469-communication, tabulation, chart, or other document, or data
470-compilations stored in or accessible through computer or other
471-information retrieval systems, together with instructions and
472-all other materials necessary to use or interpret such data
473-compilations, and any product of discovery.
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212+1 entity until the judgment is satisfied.
213+2 (c) Civil recoveries provided for in this Section may be
214+3 recoverable in court proceedings initiated by the Attorney
215+4 General or, in actions involving a local governmental unit, by
216+5 the State's Attorney.
217+6 (d) Any person who commits the offense of vendor fraud or
218+7 recipient fraud as defined in Section 8A-2 and Section 8A-3 of
219+8 this Article shall forfeit, according to the provisions of
220+9 this subsection, any monies, profits or proceeds, and any
221+10 interest or property which the sentencing court determines he
222+11 has acquired or maintained, directly or indirectly, in whole
223+12 or in part as a result of such offense. Such person shall also
224+13 forfeit any interest in, securities of, claim against, or
225+14 contractual right of any kind which affords him a source of
226+15 influence over, any enterprise which he has established,
227+16 operated, controlled, conducted, or participated in
228+17 conducting, where his relationship to or connection with any
229+18 such thing or activity directly or indirectly, in whole or in
230+19 part, is traceable to any thing or benefit which he has
231+20 obtained or acquired through vendor fraud or recipient fraud.
232+21 Proceedings instituted pursuant to this subsection shall
233+22 be subject to and conducted in accordance with the following
234+23 procedures:
235+24 (1) The sentencing court shall, upon petition by the
236+25 Attorney General or State's Attorney at any time following
237+26 sentencing, conduct a hearing to determine whether any
474238
475239
476-(f) "Custodian" means the custodian, or any deputy
477-custodian, designated by the Attorney General under subsection
478-(i)(1) of Section 6.
479-(g) "Product of discovery" includes:
480-(1) the original or duplicate of any deposition,
481-interrogatory, document, thing, result of the inspection
482-of land or other property, examination, or admission,
483-which is obtained by any method of discovery in any
484-judicial or administrative proceeding of an adversarial
485-nature;
486-(2) any digest, analysis, selection, compilation, or
487-derivation of any item listed in paragraph (1); and
488-(3) any index or other manner of access to any item
489-listed in paragraph (1).
490-(Source: P.A. 102-538, eff. 8-20-21.)
491-(740 ILCS 175/4) (from Ch. 127, par. 4104)
492-Sec. 4. Civil actions for false claims.
493-(a) Responsibilities of the Attorney General and the
494-Illinois State Police. The Attorney General or the Illinois
495-State Police shall diligently investigate a civil violation
496-under Section 3. If the Attorney General finds that a person
497-violated or is violating Section 3, the Attorney General may
498-bring a civil action under this Section against the person.
499-The State shall receive an amount for reasonable expenses
500-that the court finds to have been necessarily incurred by the
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502241
503-Attorney General, including reasonable attorneys' fees and
504-costs. All such expenses, fees, and costs shall be awarded
505-against the defendant. The court may award amounts from the
506-proceeds of an action or settlement that it considers
507-appropriate to any governmental entity or program that has
508-been adversely affected by a defendant. The Attorney General,
509-if necessary, shall direct the State Treasurer to make a
510-disbursement of funds as provided in court orders or
511-settlement agreements.
512-(b) Actions by private persons.
513-(1) A person may bring a civil action for a violation
514-of Section 3 for the person and for the State. The action
515-shall be brought in the name of the State. The action may
516-be dismissed only if the court and the Attorney General
517-give written consent to the dismissal and their reasons
518-for consenting.
519-(2) A copy of the complaint and written disclosure of
520-substantially all material evidence and information the
521-person possesses shall be served on the State. The
522-complaint shall be filed in camera, shall remain under
523-seal for at least 60 days, and shall not be served on the
524-defendant until the court so orders. The State may elect
525-to intervene and proceed with the action within 60 days
526-after it receives both the complaint and the material
527-evidence and information.
528-(3) The State may, for good cause shown, move the
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531-court for extensions of the time during which the
532-complaint remains under seal under paragraph (2). Any such
533-motions may be supported by affidavits or other
534-submissions in camera. The defendant shall not be required
535-to respond to any complaint filed under this Section until
536-20 days after the complaint is unsealed and served upon
537-the defendant.
538-(4) Before the expiration of the 60-day period or any
539-extensions obtained under paragraph (3), the State shall:
540-(A) proceed with the action, in which case the
541-action shall be conducted by the State; or
542-(B) notify the court that it declines to take over
543-the action, in which case the person bringing the
544-action shall have the right to conduct the action.
545-(5) When a person brings an action under this
546-subsection (b), no person other than the State may
547-intervene or bring a related action based on the facts
548-underlying the pending action.
549-(c) Rights of the parties to Qui Tam actions.
550-(1) If the State proceeds with the action, it shall
551-have the primary responsibility for prosecuting the
552-action, and shall not be bound by an act of the person
553-bringing the action. Such person shall have the right to
554-continue as a party to the action, subject to the
555-limitations set forth in paragraph (2).
556-(2)(A) The State may dismiss the action
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248+1 property or property interest is subject to forfeiture under
249+2 this subsection. At the forfeiture hearing the People shall
250+3 have the burden of establishing, by a preponderance of the
251+4 evidence, that the property or property interests are subject
252+5 to such forfeiture.
253+6 (2) In any action brought by the People of the State of
254+7 Illinois under this Section, in which any restraining order,
255+8 injunction or prohibition or any other action in connection
256+9 with any property or interest subject to forfeiture under this
257+10 subsection is sought, the circuit court presiding over the
258+11 trial of the person charged with recipient fraud or vendor
259+12 fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
260+13 first determine whether there is probable cause to believe
261+14 that the person so charged has committed the offense of
262+15 recipient fraud or vendor fraud and whether the property or
263+16 interest is subject to forfeiture under this subsection. To
264+17 make such a determination, prior to entering any such order,
265+18 the court shall conduct a hearing without a jury, at which the
266+19 People shall establish that there is (i) probable cause that
267+20 the person so charged has committed the offense of recipient
268+21 fraud or vendor fraud and (ii) probable cause that any
269+22 property or interest may be subject to forfeiture pursuant to
270+23 this subsection. Such hearing may be conducted simultaneously
271+24 with a preliminary hearing, if the prosecution is commenced by
272+25 information or complaint, or by motion of the People at any
273+26 stage in the proceedings. The court may accept a finding of
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558275
559-notwithstanding the objections of the person initiating
560-the action if the person has been notified by the State of
561-the filing of the motion and the court has provided the
562-person with an opportunity for a hearing on the motion.
563-(B) The State may settle the action with the defendant
564-notwithstanding the objections of the person initiating
565-the action if the court determines, after a hearing, that
566-the proposed settlement is fair, adequate, and reasonable
567-under all the circumstances. Upon a showing of good cause,
568-such hearing may be held in camera.
569-(C) Upon a showing by the State that unrestricted
570-participation during the course of the litigation by the
571-person initiating the action would interfere with or
572-unduly delay the State's prosecution of the case, or would
573-be repetitious, irrelevant, or for purposes of harassment,
574-the court may, in its discretion, impose limitations on
575-the person's participation, such as:
576-(i) limiting the number of witnesses the person
577-may call:
578-(ii) limiting the length of the testimony of such
579-witnesses;
580-(iii) limiting the person's cross-examination of
581-witnesses; or
582-(iv) otherwise limiting the participation by the
583-person in the litigation.
584-(D) Upon a showing by the defendant that unrestricted
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586277
587-participation during the course of the litigation by the
588-person initiating the action would be for purposes of
589-harassment or would cause the defendant undue burden or
590-unnecessary expense, the court may limit the participation
591-by the person in the litigation.
592-(3) If the State elects not to proceed with the
593-action, the person who initiated the action shall have the
594-right to conduct the action. If the State so requests, it
595-shall be served with copies of all pleadings filed in the
596-action and shall be supplied with copies of all deposition
597-transcripts (at the State's expense). When a person
598-proceeds with the action, the court, without limiting the
599-status and rights of the person initiating the action, may
600-nevertheless permit the State to intervene at a later date
601-upon a showing of good cause.
602-(4) Whether or not the State proceeds with the action,
603-upon a showing by the State that certain actions of
604-discovery by the person initiating the action would
605-interfere with the State's investigation or prosecution of
606-a criminal or civil matter arising out of the same facts,
607-the court may stay such discovery for a period of not more
608-than 60 days. Such a showing shall be conducted in camera.
609-The court may extend the 60-day period upon a further
610-showing in camera that the State has pursued the criminal
611-or civil investigation or proceedings with reasonable
612-diligence and any proposed discovery in the civil action
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615-will interfere with the ongoing criminal or civil
616-investigation or proceedings.
617-(5) Notwithstanding subsection (b), the State may
618-elect to pursue its claim through any alternate remedy
619-available to the State, including any administrative
620-proceeding to determine a civil money penalty. If any such
621-alternate remedy is pursued in another proceeding, the
622-person initiating the action shall have the same rights in
623-such proceeding as such person would have had if the
624-action had continued under this Section. Any finding of
625-fact or conclusion of law made in such other proceeding
626-that has become final shall be conclusive on all parties
627-to an action under this Section. For purposes of the
628-preceding sentence, a finding or conclusion is final if it
629-has been finally determined on appeal to the appropriate
630-court, if all time for filing such an appeal with respect
631-to the finding or conclusion has expired, or if the
632-finding or conclusion is not subject to judicial review.
633-(d) Award to Qui Tam plaintiff.
634-(1) If the State proceeds with an action brought by a
635-person under subsection (b), such person shall, subject to
636-the second sentence of this paragraph, receive at least
637-15% but not more than 25% of the proceeds of the action or
638-settlement of the claim, depending upon the extent to
639-which the person substantially contributed to the
640-prosecution of the action. Where the action is one which
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284+1 probable cause at a preliminary hearing following the filing
285+2 of an information charging the offense of recipient fraud or
286+3 vendor fraud as defined in Sections 8A-2 or 8A-3 or the return
287+4 of an indictment by a grand jury charging the offense of
288+5 recipient fraud or vendor fraud as defined in Sections 8A-2 or
289+6 8A-3 of this Article as sufficient evidence of probable cause
290+7 as provided in item (i) above. Upon such a finding, the circuit
291+8 court shall enter such restraining order, injunction or
292+9 prohibition, or shall take such other action in connection
293+10 with any such property or other interest subject to forfeiture
294+11 under this Act as is necessary to insure that such property is
295+12 not removed from the jurisdiction of the court, concealed,
296+13 destroyed or otherwise disposed of by the owner of that
297+14 property or interest prior to a forfeiture hearing under this
298+15 subsection. The Attorney General or State's Attorney shall
299+16 file a certified copy of such restraining order, injunction or
300+17 other prohibition with the recorder of deeds or registrar of
301+18 titles of each county where any such property of the defendant
302+19 may be located. No such injunction, restraining order or other
303+20 prohibition shall affect the rights of any bonafide purchaser,
304+21 mortgagee, judgement creditor or other lien holder arising
305+22 prior to the date of such filing. The court may, at any time,
306+23 upon verified petition by the defendant, conduct a hearing to
307+24 determine whether all or portions of any such property or
308+25 interest which the court previously determined to be subject
309+26 to forfeiture or subject to any restraining order, injunction,
641310
642311
643-the court finds to be based primarily on disclosures of
644-specific information (other than information provided by
645-the person bringing the action) relating to allegations or
646-transactions in a criminal, civil, or administrative
647-hearing, in a legislative, administrative, or Auditor
648-General's report, hearing, audit, or investigation, or
649-from the news media, the court may award such sums as it
650-considers appropriate, but in no case more than 10% of the
651-proceeds, taking into account the significance of the
652-information and the role of the person bringing the action
653-in advancing the case to litigation. Any payment to a
654-person under the first or second sentence of this
655-paragraph (1) shall be made from the proceeds. Any such
656-person shall also receive an amount for reasonable
657-expenses which the court finds to have been necessarily
658-incurred, plus reasonable attorneys' fees and costs. The
659-State shall also receive an amount for reasonable expenses
660-which the court finds to have been necessarily incurred by
661-the Attorney General, including reasonable attorneys' fees
662-and costs. All such expenses, fees, and costs shall be
663-awarded against the defendant. The court may award amounts
664-from the proceeds of an action or settlement that it
665-considers appropriate to any governmental entity or
666-program that has been adversely affected by a defendant.
667-The Attorney General, if necessary, shall direct the State
668-Treasurer to make a disbursement of funds as provided in
669312
670313
671-court orders or settlement agreements.
672-(2) If the State does not proceed with an action under
673-this Section, the person bringing the action or settling
674-the claim shall receive an amount which the court decides
675-is reasonable for collecting the civil penalty and
676-damages. The amount shall be not less than 25% and not more
677-than 30% of the proceeds of the action or settlement and
678-shall be paid out of such proceeds. Such person shall also
679-receive an amount for reasonable expenses which the court
680-finds to have been necessarily incurred, plus reasonable
681-attorneys' fees and costs. All such expenses, fees, and
682-costs shall be awarded against the defendant. The court
683-may award amounts from the proceeds of an action or
684-settlement that it considers appropriate to any
685-governmental entity or program that has been adversely
686-affected by a defendant. The Attorney General, if
687-necessary, shall direct the State Treasurer to make a
688-disbursement of funds as provided in court orders or
689-settlement agreements.
690-(3) Whether or not the State proceeds with the action,
691-if the court finds that the action was brought by a person
692-who planned and initiated the violation of Section 3 upon
693-which the action was brought, then the court may, to the
694-extent the court considers appropriate, reduce the share
695-of the proceeds of the action which the person would
696-otherwise receive under paragraph (1) or (2) of this
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698317
699-subsection (d), taking into account the role of that
700-person in advancing the case to litigation and any
701-relevant circumstances pertaining to the violation. If the
702-person bringing the action is convicted of criminal
703-conduct arising from his or her role in the violation of
704-Section 3, that person shall be dismissed from the civil
705-action and shall not receive any share of the proceeds of
706-the action. Such dismissal shall not prejudice the right
707-of the State to continue the action, represented by the
708-Attorney General.
709-(4) If the State does not proceed with the action and
710-the person bringing the action conducts the action, the
711-court may award to the defendant its reasonable attorneys'
712-fees and expenses if the defendant prevails in the action
713-and the court finds that the claim of the person bringing
714-the action was clearly frivolous, clearly vexatious, or
715-brought primarily for purposes of harassment.
716-(e) Certain actions barred.
717-(1) No court shall have jurisdiction over an action
718-brought by a former or present member of the Guard under
719-subsection (b) of this Section against a member of the
720-Guard arising out of such person's service in the Guard.
721-(2)(A) No court shall have jurisdiction over an action
722-brought under subsection (b) against a member of the
723-General Assembly, a member of the judiciary, or an exempt
724-official if the action is based on evidence or information
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320+1 or prohibition or other action, should be released. The court
321+2 may in its discretion release such property to the defendant
322+3 for good cause shown.
323+4 (3) Upon conviction of a person under this Article, the
324+5 court shall authorize the Director of the Illinois State
325+6 Police to seize all property or other interest declared
326+7 forfeited under this subsection upon such terms and conditions
327+8 as the court shall deem proper.
328+9 (4) The Director of the Illinois State Police is
329+10 authorized to sell all property forfeited and seized pursuant
330+11 to this subsection, unless such property is required by law to
331+12 be destroyed or is harmful to the public. After the deduction
332+13 of all requisite expenses of administration and sale, the
333+14 court shall order the Director to distribute to the Illinois
334+15 Department an amount from the proceeds of the forfeited
335+16 property, or monies forfeited or seized, which will satisfy
336+17 any unsatisfied court order of restitution entered pursuant to
337+18 a conviction under this Article. If the proceeds are less than
338+19 the amount necessary to satisfy the order of restitution, the
339+20 Director shall distribute to the Illinois Department the
340+21 entire amount of the remaining proceeds. The Director shall
341+22 distribute any remaining proceeds of such sale, along with any
342+23 monies forfeited or seized, in accordance with the following
343+24 schedules:
344+25 (a) 25% shall be distributed to the unit of local
345+26 government whose officers or employees conducted the
725346
726347
727-known to the State when the action was brought.
728-(B) For purposes of this paragraph (2), "exempt
729-official" means any of the following officials in State
730-service: directors of departments established under the
731-Civil Administrative Code of Illinois, the Adjutant
732-General, the Assistant Adjutant General, the Director of
733-the State Emergency Services and Disaster Agency, members
734-of the boards and commissions, and all other positions
735-appointed by the Governor by and with the consent of the
736-Senate.
737-(3) In no event may a person bring an action under
738-subsection (b) which is based upon allegations or
739-transactions which are the subject of a civil suit or an
740-administrative civil money penalty proceeding in which the
741-State is already a party.
742-(4)(A) The court shall dismiss an action or claim
743-under this Section, unless opposed by the State, if
744-substantially the same allegations or transactions as
745-alleged in the action or claim were publicly disclosed:
746-(i) in a criminal, civil, or administrative
747-hearing in which the State or its agent is a party;
748-(ii) in a State legislative, State Auditor
749-General, or other State report, hearing, audit, or
750-investigation; or
751-(iii) from the news media,
752-unless the action is brought by the Attorney General or
753348
754349
755-the person bringing the action is an original source of
756-the information.
757-(B) For purposes of this paragraph (4), "original
758-source" means an individual who either (i) prior to a
759-public disclosure under subparagraph (A) of this paragraph
760-(4), has voluntarily disclosed to the State the
761-information on which allegations or transactions in a
762-claim are based, or (ii) has knowledge that is independent
763-of and materially adds to the publicly disclosed
764-allegations or transactions, and who has voluntarily
765-provided the information to the State before filing an
766-action under this Section.
767-(f) State not liable for certain expenses. The State is
768-not liable for expenses which a person incurs in bringing an
769-action under this Section.
770-(g) Relief from retaliatory actions.
771-(1) In general, any employee, contractor, or agent
772-shall be entitled to all relief necessary to make that
773-employee, contractor, or agent whole, if that employee,
774-contractor, or agent is discharged, demoted, suspended,
775-threatened, harassed, or in any other manner discriminated
776-against in the terms and conditions of employment because
777-of lawful acts done by the employee, contractor, agent, or
778-associated others in furtherance of an action under this
779-Section or other efforts to stop one or more violations of
780-this Act.
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783-(2) Relief under paragraph (1) shall include
784-reinstatement with the same seniority status that the
785-employee, contractor, or agent would have had but for the
786-discrimination, 2 times the amount of back pay, interest
787-on the back pay, and compensation for any special damages
788-sustained as a result of the discrimination, including
789-litigation costs and reasonable attorneys' fees. An action
790-under this subsection (g) may be brought in the
791-appropriate circuit court for the relief provided in this
792-subsection (g).
793-(3) A civil action under this subsection may not be
794-brought more than 3 years after the date when the
795-retaliation occurred.
796-(Source: P.A. 102-538, eff. 8-20-21.)
797-(740 ILCS 175/6) (from Ch. 127, par. 4106)
798-Sec. 6. Subpoenas.
799-(a) In general.
800-(1) Issuance and service. Whenever the Attorney
801-General, or a designee (for purposes of this Section), has
802-reason to believe that any person may be in possession,
803-custody, or control of any documentary material or
804-information relevant to an investigation, the Attorney
805-General, or a designee, may, before commencing a civil
806-proceeding under this Act or making an election under
807-paragraph (4) of subsection (b) of Section 4, issue in
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356+1 investigation into recipient fraud or vendor fraud and caused
357+2 the arrest or arrests and prosecution leading to the
358+3 forfeiture. Amounts distributed to units of local government
359+4 shall be used solely for enforcement matters relating to
360+5 detection, investigation or prosecution of recipient fraud or
361+6 vendor fraud as defined in Section 8A-2 or 8A-3 of this
362+7 Article. Where the investigation, arrest or arrests leading to
363+8 the prosecution and forfeiture is undertaken solely by the
364+9 Office of the Attorney General Illinois State Police, the
365+10 portion provided hereunder shall be paid into the Medicaid
366+11 Fraud and Abuse Prevention Fund, which is hereby created in
367+12 the State treasury. Monies from this fund shall be used by the
368+13 Office of the Attorney General Illinois State Police for the
369+14 furtherance of enforcement matters relating to detection,
370+15 investigation or prosecution of recipient fraud or vendor
371+16 fraud. Monies directed to this fund shall be used in addition
372+17 to, and not as a substitute for, funds annually appropriated
373+18 to the Office of the Attorney General Illinois State Police
374+19 for medicaid fraud enforcement.
375+20 (b) 25% shall be distributed to the county in which the
376+21 prosecution and petition for forfeiture resulting in the
377+22 forfeiture was instituted, and deposited in a special fund in
378+23 the county treasury and appropriated to the State's Attorney
379+24 for use solely in enforcement matters relating to detection,
380+25 investigation or prosecution of recipient fraud or vendor
381+26 fraud; however, if the Attorney General brought the
808382
809383
810-writing and cause to be served upon such person, a
811-subpoena requiring such person:
812-(A) to produce such documentary material for
813-inspection and copying,
814-(B) to answer, in writing, written interrogatories
815-with respect to such documentary material or
816-information,
817-(C) to give oral testimony concerning such
818-documentary material or information, or
819-(D) to furnish any combination of such material,
820-answers, or testimony.
821-The Attorney General may delegate the authority to issue
822-subpoenas under this subsection (a) to the Department of
823-State Police subject to conditions as the Attorney General
824-deems appropriate. Whenever a subpoena is an express
825-demand for any product of discovery, the Attorney General
826-or his or her delegate shall cause to be served, in any
827-manner authorized by this Section, a copy of such demand
828-upon the person from whom the discovery was obtained and
829-shall notify the person to whom such demand is issued of
830-the date on which such copy was served. Any information
831-obtained by the Attorney General or a designee under this
832-Section may be shared with any qui tam relator if the
833-Attorney General or designee determines it necessary as
834-part of any False Claims Act investigation.
835-(1.5) Where a subpoena requires the production of
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837385
838-documentary material, the respondent shall produce the
839-original of the documentary material, provided, however,
840-that the Attorney General, or a designee, may agree that
841-copies may be substituted for the originals. All
842-documentary material kept or stored in electronic form,
843-including electronic mail, shall be produced in native
844-format, as kept in the normal course of business, or as
845-otherwise directed by the Attorney General or designee.
846-The production of documentary material shall be made at
847-the respondent's expense.
848-(2) Contents and deadlines. Each subpoena issued under
849-paragraph (1):
850-(A) Shall state the nature of the conduct
851-constituting an alleged violation that is under
852-investigation and the applicable provision of law
853-alleged to be violated.
854-(B) Shall identify the individual causing the
855-subpoena to be served and to whom communications
856-regarding the subpoena should be directed.
857-(C) Shall state the date, place, and time at which
858-the person is required to appear, produce written
859-answers to interrogatories, produce documentary
860-material or give oral testimony. The date shall not be
861-less than 10 days from the date of service of the
862-subpoena. Compliance with the subpoena shall be at the
863-Office of the Attorney General in either the
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866-Springfield or Chicago location or at other location
867-by agreement.
868-(D) If the subpoena is for documentary material or
869-interrogatories, shall describe the documents or
870-information requested with specificity.
871-(E) Shall notify the person of the right to be
872-assisted by counsel.
873-(F) Shall advise that the person has 20 days from
874-the date of service or up until the return date
875-specified in the demand, whichever date is earlier, to
876-move, modify, or set aside the subpoena pursuant to
877-subparagraph (j)(2)(A) of this Section.
878-(b) Protected material or information.
879-(1) In general. A subpoena issued under subsection (a)
880-may not require the production of any documentary
881-material, the submission of any answers to written
882-interrogatories, or the giving of any oral testimony if
883-such material, answers, or testimony would be protected
884-from disclosure under:
885-(A) the standards applicable to subpoenas or
886-subpoenas duces tecum issued by a court of this State
887-to aid in a grand jury investigation; or
888-(B) the standards applicable to discovery requests
889-under the Code of Civil Procedure, to the extent that
890-the application of such standards to any such subpoena
891-is appropriate and consistent with the provisions and
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391+ HB2188 Enrolled - 12 - LRB103 28952 KTG 55338 b
392+1 prosecution resulting in the forfeiture, the portion provided
393+2 hereunder shall be paid into the Medicaid Fraud and Abuse
394+3 Prevention Fund, to be used by the Medicaid Fraud Control Unit
395+4 of the Office of the Attorney General Illinois State Police
396+5 for enforcement matters relating to detection, investigation
397+6 or prosecution of recipient fraud or vendor fraud. Where the
398+7 Attorney General and a State's Attorney have jointly
399+8 participated in any portion of the proceedings, 12.5% shall be
400+9 distributed to the county in which the prosecution resulting
401+10 in the forfeiture was instituted, and used as specified
402+11 herein, and 12.5% shall be paid into the Medicaid Fraud and
403+12 Abuse Prevention Fund, and used as specified herein.
404+13 (c) 50% shall be transmitted to the State Treasurer for
405+14 deposit in the General Revenue Fund.
406+15 (Source: P.A. 102-538, eff. 8-20-21.)
407+16 (305 ILCS 5/12-4.41)
408+17 Sec. 12-4.41. Public Benefits Fraud Protection Task Force.
409+18 (a) Purpose. The purpose of the Public Benefits Fraud
410+19 Protection Task Force is to conduct a thorough review of the
411+20 nature of public assistance fraud in the State of Illinois; to
412+21 ascertain the feasibility of implementing a mechanism to
413+22 determine the pervasiveness and frequency of public assistance
414+23 fraud; to calculate the detriment of public assistance fraud
415+24 to the financial status and socio-economic status of public
416+25 aid recipients specifically and Illinois taxpayers generally;
892417
893418
894-purposes of this Section.
895-(2) Effect on other orders, rules, and laws. Any such
896-subpoena which is an express demand for any product of
897-discovery supersedes any inconsistent order, rule, or
898-provision of law (other than this Section) preventing or
899-restraining disclosure of such product of discovery to any
900-person. Disclosure of any product of discovery pursuant to
901-any such subpoena does not constitute a waiver of any
902-right or privilege which the person making such disclosure
903-may be entitled to invoke to resist discovery of trial
904-preparation materials.
905-(c) Service in general. Any subpoena issued under
906-subsection (a) may be served by any person so authorized by the
907-Attorney General or by any person authorized to serve process
908-on individuals within Illinois, through any method prescribed
909-in the Code of Civil Procedure or as otherwise set forth in
910-this Act.
911-(d) Service upon legal entities and natural persons.
912-(1) Legal entities. Service of any subpoena issued
913-under subsection (a) or of any petition filed under
914-subsection (j) may be made upon a partnership,
915-corporation, association, or other legal entity by:
916-(A) delivering an executed copy of such subpoena
917-or petition to any partner, executive officer,
918-managing agent, general agent, or registered agent of
919-the partnership, corporation, association or entity;
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921420
922-(B) delivering an executed copy of such subpoena
923-or petition to the principal office or place of
924-business of the partnership, corporation, association,
925-or entity; or
926-(C) depositing an executed copy of such subpoena
927-or petition in the United States mails by registered
928-or certified mail, with a return receipt requested,
929-addressed to such partnership, corporation,
930-association, or entity as its principal office or
931-place of business.
932-(2) Natural person. Service of any such subpoena or
933-petition may be made upon any natural person by:
934-(A) delivering an executed copy of such subpoena
935-or petition to the person; or
936-(B) depositing an executed copy of such subpoena
937-or petition in the United States mails by registered
938-or certified mail, with a return receipt requested,
939-addressed to the person at the person's residence or
940-principal office or place of business.
941-(e) Proof of service. A verified return by the individual
942-serving any subpoena issued under subsection (a) or any
943-petition filed under subsection (j) setting forth the manner
944-of such service shall be proof of such service. In the case of
945-service by registered or certified mail, such return shall be
946-accompanied by the return post office receipt of delivery of
947-such subpoena.
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949424
950-(f) Documentary material.
951-(1) Sworn certificates. The production of documentary
952-material in response to a subpoena served under this
953-Section shall be made under a sworn certificate, in such
954-form as the subpoena designates, by:
955-(A) in the case of a natural person, the person to
956-whom the subpoena is directed, or
957-(B) in the case of a person other than a natural
958-person, a person having knowledge of the facts and
959-circumstances relating to such production and
960-authorized to act on behalf of such person.
961-The certificate shall state that all of the documentary
962-material required by the demand and in the possession,
963-custody, or control of the person to whom the subpoena is
964-directed has been produced and made available to the
965-Attorney General.
966-(2) Production of materials. Any person upon whom any
967-subpoena for the production of documentary material has
968-been served under this Section shall make such material
969-available for inspection and copying to the Attorney
970-General at the place designated in the subpoena, or at
971-such other place as the Attorney General and the person
972-thereafter may agree and prescribe in writing, or as the
973-court may direct under subsection (j)(1). Such material
974-shall be made so available on the return date specified in
975-such subpoena, or on such later date as the Attorney
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426+ HB2188 Enrolled - 13 - LRB103 28952 KTG 55338 b
427+1 and to determine if more stringent penalties or compassionate
428+2 procedures are necessary.
429+3 (b) Definitions. As used in this Section:
430+4 "Task Force" means the Public Benefits Fraud Protection
431+5 Task Force.
432+6 "Public assistance" or "public aid" includes, without
433+7 limitation, Medicaid, TANF, the Illinois LINK Program, General
434+8 Assistance, Transitional Assistance, the Supplemental
435+9 Nutrition Assistance Program, and the Child Care Assistance
436+10 Program.
437+11 (c) The Public Benefits Fraud Protection Task Force. The
438+12 Public Benefits Fraud Protection Task Force is created. The
439+13 Task Force shall be composed of 17 members appointed as
440+14 follows:
441+15 (1) One member of the Illinois Senate appointed by the
442+16 President of the Senate, who shall be co-chair to the Task
443+17 Force;
444+18 (2) One member of the Illinois Senate appointed by the
445+19 Senate Minority Leader;
446+20 (3) One member of the Illinois House of
447+21 Representatives appointed by the Speaker of the House of
448+22 Representatives, who shall be co-chair to the Task Force;
449+23 (4) One member of the Illinois House of
450+24 Representatives appointed by the House Minority Leader;
451+25 (5) The following persons, or their designees: the
452+26 Director of Public Health, the Director of Healthcare and
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977454
978-General may prescribe in writing. Such person may, upon
979-written agreement between the person and the Attorney
980-General, substitute copies for originals of all or any
981-part of such material.
982-(g) Interrogatories. Each interrogatory in a subpoena
983-served under this Section shall be answered separately and
984-fully in writing under oath and shall be submitted under a
985-sworn certificate, in such form as the subpoena designates by:
986-(1) in the case of a natural person, the person to whom
987-the subpoena is directed, or
988-(2) in the case of a person other than a natural
989-person, the person or persons responsible for answering
990-each interrogatory.
991-If any interrogatory is objected to, the reasons for the
992-objection shall be stated in the certificate instead of an
993-answer. The certificate shall state that all information
994-required by the subpoena and in the possession, custody,
995-control, or knowledge of the person to whom the demand is
996-directed has been submitted. To the extent that any
997-information is not furnished, the information shall be
998-identified and reasons set forth with particularity regarding
999-the reasons why the information was not furnished.
1000-(h) Oral examinations.
1001-(1) Procedures. The examination of any person pursuant
1002-to a subpoena for oral testimony served under this Section
1003-shall be taken before an officer authorized to administer
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1005456
1006-oaths and affirmations by the laws of this State or of the
1007-place where the examination is held. The officer before
1008-whom the testimony is to be taken shall put the witness on
1009-oath or affirmation and shall, personally or by someone
1010-acting under the direction of the officer and in the
1011-officer's presence, record the testimony of the witness.
1012-The testimony shall be taken stenographically and shall be
1013-transcribed. When the testimony is fully transcribed, the
1014-officer before whom the testimony is taken shall promptly
1015-transmit a certified copy of the transcript of the
1016-testimony in accordance with the instructions of the
1017-Attorney General. This subsection shall not preclude the
1018-taking of testimony by any means authorized by, and in a
1019-manner consistent with, the Code of Civil Procedure.
1020-(2) Persons present. The investigator conducting the
1021-examination shall exclude from the place where the
1022-examination is held all persons except the person giving
1023-the testimony, the attorney for and any other
1024-representative of the person giving the testimony, the
1025-attorney for the State, any person who may be agreed upon
1026-by the attorney for the State and the person giving the
1027-testimony, the officer before whom the testimony is to be
1028-taken, and any stenographer taking such testimony.
1029-(3) Where testimony taken. The oral testimony of any
1030-person taken pursuant to a subpoena served under this
1031-Section shall be taken in the county within which such
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1034-person resides, is found, or transacts business, or in
1035-such other place as may be agreed upon by the Attorney
1036-General and such person.
1037-(4) Transcript of testimony. When the testimony is
1038-fully transcribed, the Attorney General or the officer
1039-before whom the testimony is taken shall afford the
1040-witness, who may be accompanied by counsel, a reasonable
1041-opportunity to review and correct the transcript, in
1042-accordance with the rules applicable to deposition
1043-witnesses in civil cases. Upon payment of reasonable
1044-charges, the Attorney General shall furnish a copy of the
1045-transcript to the witness, except that the Attorney
1046-General may, for good cause, limit the witness to
1047-inspection of the official transcript of the witness'
1048-testimony.
1049-(5) Conduct of oral testimony.
1050-(A) Any person compelled to appear for oral
1051-testimony under a subpoena issued under subsection (a)
1052-may be accompanied, represented, and advised by
1053-counsel, who may raise objections based on matters of
1054-privilege in accordance with the rules applicable to
1055-depositions in civil cases. If such person refuses to
1056-answer any question, a petition may be filed in
1057-circuit court under subsection (j)(1) for an order
1058-compelling such person to answer such question.
1059-(B) If such person refuses any question on the
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462+ HB2188 Enrolled - 14 - LRB103 28952 KTG 55338 b
463+1 Family Services, and the Secretary of Human Services;
464+2 (6) The Director of the Illinois Department on Aging,
465+3 or his or her designee;
466+4 (7) The Executive Inspector General appointed by the
467+5 Governor, or his or her designee;
468+6 (8) The Inspector General of the Illinois Department
469+7 of Human Services, or his or her designee;
470+8 (9) A representative from the Office of the Attorney
471+9 General Illinois State Police Medicaid Fraud Control Unit;
472+10 (10) Three persons, who are not currently employed by
473+11 a State agency, appointed by the Secretary of Human
474+12 Services, one of whom shall be a person with professional
475+13 experience in child care issues, one of whom shall be a
476+14 person with knowledge and experience in legal aid
477+15 services, and one of whom shall be a person with knowledge
478+16 and experience in poverty law;
479+17 (11) The Attorney General, or his or her designee;
480+18 (12) A representative of a union representing front
481+19 line State employees who administer public benefits
482+20 programs; and
483+21 (13) A representative of a statewide business
484+22 association.
485+23 (d) Compensation and qualifications. Members shall serve
486+24 without compensation and shall be adults and residents of
487+25 Illinois.
488+26 (e) Appointments. Appointments shall be made 90 days from
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1061490
1062-grounds of the privilege against self-incrimination,
1063-the testimony of such person may be compelled in
1064-accordance with Article 106 of the Code of Criminal
1065-Procedure of 1963.
1066-(6) Witness fees and allowances. Any person appearing
1067-for oral testimony under a subpoena issued under
1068-subsection (a) shall be entitled to the same fees and
1069-allowances which are paid to witnesses in the circuit
1070-court.
1071-(i) Custodians of documents, answers, and transcripts.
1072-(1) Designation. The Attorney General or his or her
1073-delegate shall serve as custodian of documentary material,
1074-answers to interrogatories, and transcripts of oral
1075-testimony received under this Section.
1076-(2) Except as otherwise provided in this Section, no
1077-documentary material, answers to interrogatories, or
1078-transcripts of oral testimony, or copies thereof, while in
1079-the possession of the custodian, shall be available for
1080-examination by any individual, except as determined
1081-necessary by the Attorney General and subject to the
1082-conditions imposed by him or her for effective enforcement
1083-of the laws of this State, or as otherwise provided by
1084-court order.
1085-(3) Conditions for return of material. If any
1086-documentary material has been produced by any person in
1087-the course of any investigation pursuant to a subpoena
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1089492
1090-under this Section and:
1091-(A) any case or proceeding before the court or
1092-grand jury arising out of such investigation, or any
1093-proceeding before any State agency involving such
1094-material, has been completed, or
1095-(B) no case or proceeding in which such material
1096-may be used has been commenced within a reasonable
1097-time after completion of the examination and analysis
1098-of all documentary material and other information
1099-assembled in the course of such investigation,
1100-the custodian shall, upon written request of the person
1101-who produced such material, return to such person any such
1102-material which has not passed into the control of any
1103-court, grand jury, or agency through introduction into the
1104-record of such case or proceeding.
1105-(j) Judicial proceedings.
1106-(1) Petition for enforcement. Whenever any person
1107-fails to comply with any subpoena issued under subsection
1108-(a), or whenever satisfactory copying or reproduction of
1109-any material requested in such demand cannot be done and
1110-such person refuses to surrender such material, the
1111-Attorney General may file, in the circuit court of any
1112-county in which such person resides, is found, or
1113-transacts business, or the circuit court of the county in
1114-which an action filed pursuant to Section 4 of this Act is
1115-pending if the action relates to the subject matter of the
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1118-subpoena and serve upon such person a petition for an
1119-order of such court for the enforcement of the subpoena.
1120-(2) Petition to modify or set aside subpoena.
1121-(A) Any person who has received a subpoena issued
1122-under subsection (a) may file, in the circuit court of
1123-any county within which such person resides, is found,
1124-or transacts business, and serve upon the Attorney
1125-General a petition for an order of the court to modify
1126-or set aside such subpoena. In the case of a petition
1127-addressed to an express demand for any product of
1128-discovery, a petition to modify or set aside such
1129-demand may be brought only in the circuit court of the
1130-county in which the proceeding in which such discovery
1131-was obtained is or was last pending. Any petition
1132-under this subparagraph (A) must be filed:
1133-(i) within 20 days after the date of service
1134-of the subpoena, or at any time before the return
1135-date specified in the subpoena, whichever date is
1136-earlier, or
1137-(ii) within such longer period as may be
1138-prescribed in writing by the Attorney General.
1139-(B) The petition shall specify each ground upon
1140-which the petitioner relies in seeking relief under
1141-subparagraph (A), and may be based upon any failure of
1142-the subpoena to comply with the provisions of this
1143-Section or upon any constitutional or other legal
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498+ HB2188 Enrolled - 15 - LRB103 28952 KTG 55338 b
499+1 the effective date of this amendatory Act of the 96th General
500+2 Assembly.
501+3 (f) Hearings. The Task Force shall solicit comments from
502+4 stakeholders and hold public hearings before filing any report
503+5 required by this Section. At the public hearings, the Task
504+6 Force shall allow interested persons to present their views
505+7 and comments. The Task Force shall submit all reports required
506+8 by this Section to the Governor and the General Assembly. In
507+9 addition to the reports required by this Section, the Task
508+10 Force may provide, at its discretion, interim reports and
509+11 recommendations. The Department of Human Services shall
510+12 provide administrative support to the Task Force.
511+13 (g) Task Force duties. The Task Force shall gather
512+14 information and make recommendations relating to at least the
513+15 following topics in relation to public assistance fraud:
514+16 (1) Reviews of provider billing of public aid claims.
515+17 (2) Reviews of recipient utilization of public aid.
516+18 (3) Protocols for investigating recipient public aid
517+19 fraud.
518+20 (4) Protocols for investigating provider public aid
519+21 fraud.
520+22 (5) Reporting of alleged fraud by private citizens
521+23 through qui tam actions.
522+24 (6) Examination of current fraud prevention measures
523+25 which may hinder legitimate aid claims.
524+26 (7) Coordination between relevant agencies in fraud
1144525
1145526
1146-right or privilege of such person. During the pendency
1147-of the petition in the court, the court may stay, as it
1148-deems proper, the running of the time allowed for
1149-compliance with the subpoena, in whole or in part,
1150-except that the person filing the petition shall
1151-comply with any portion of the subpoena not sought to
1152-be modified or set aside.
1153-(3) Petition to modify or set aside demand for product
1154-of discovery. In the case of any subpoena issued under
1155-subsection (a) which is an express demand for any product
1156-of discovery, the person from whom such discovery was
1157-obtained may file, in the circuit court of the county in
1158-which the proceeding in which such discovery was obtained
1159-is or was last pending, a petition for an order of such
1160-court to modify or set aside those portions of the
1161-subpoena requiring production of any such product of
1162-discovery, subject to the same terms, conditions, and
1163-limitations set forth in subparagraph (j)(2) of this
1164-Section.
1165-(4) Jurisdiction. Whenever any petition is filed in
1166-any circuit court under this subsection (j), such court
1167-shall have jurisdiction to hear and determine the matter
1168-so presented, and to enter such orders as may be required
1169-to carry out the provisions of this Section. Any final
1170-order so entered shall be subject to appeal in the same
1171-manner as appeals of other final orders in civil matters.
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1174-Any disobedience of any final order entered under this
1175-Section by any court shall be punished as a contempt of the
1176-court.
1177-(k) Disclosure exemption. Any documentary material,
1178-answers to written interrogatories, or oral testimony provided
1179-under any subpoena issued under subsection (a) shall be exempt
1180-from disclosure under the Illinois Administrative Procedure
1181-Act.
1182-(Source: P.A. 96-1304, eff. 7-27-10.)
1183-(740 ILCS 175/8) (from Ch. 127, par. 4108)
1184-Sec. 8. Funds; Grants.
1185-(a) There is hereby created the State Whistleblower Reward
1186-and Protection Fund to be held outside of the State Treasury
1187-with the State Treasurer as custodian. All proceeds of an
1188-action or settlement of a claim brought under this Act shall be
1189-deposited in the Fund. Any attorneys' fees, expenses, and
1190-costs paid by or awarded against any defendant pursuant to
1191-Section 4 of this Act shall not be considered part of the
1192-proceeds to be deposited in the Fund.
1193-(b) For all cases resolved before October 1, 2023, monies
1194-Monies in the Fund shall be allocated as follows: One-sixth of
1195-the monies shall be paid to the Attorney General Whistleblower
1196-Reward and Protection Fund, which is hereby created as a
1197-special fund in the State Treasury, and one-sixth of the
1198-monies shall be paid to the State Police Whistleblower Reward
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1201-and Protection Fund, which is hereby created as a special fund
1202-in the State Treasury, for State law enforcement purposes. The
1203-remaining two-thirds of the monies in the Fund shall be used
1204-for payment of awards to Qui Tam plaintiffs and as otherwise
1205-specified in this Act, with any remainder to the General
1206-Revenue Fund. The Attorney General shall direct the State
1207-Treasurer to make disbursement of funds.
1208-(c) For all cases resolved on or after October 1, 2023,
1209-monies in the Fund shall be allocated as follows: One-third of
1210-the monies shall be paid to the Attorney General Whistleblower
1211-Reward and Protection Fund. The remaining two-thirds of the
1212-monies in the Fund shall be used for payment of awards to Qui
1213-Tam plaintiffs and as otherwise specified in this Act, with
1214-any remainder to the General Revenue Fund. The Attorney
1215-General shall direct the State Treasurer to make disbursement
1216-of funds.
1217-(Source: P.A. 101-148, eff. 7-26-19.)
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534+ HB2188 Enrolled - 16 - LRB103 28952 KTG 55338 b
535+1 investigation.
536+2 (8) Financial audit of the current costs borne by aid
537+3 recipients and Illinois government through fraud.
538+4 (9) Examination of enhanced penalties for fraudulent
539+5 recipients and providers.
540+6 (10) Enhanced whistleblower protections.
541+7 (11) Voluntary assistance from businesses and
542+8 community groups in efforts to curb fraud.
543+9 (h) Task Force recommendations. Any of the findings,
544+10 recommendations, public postings, and other relevant
545+11 information regarding the Task Force shall be made available
546+12 on the Department of Human Services' website.
547+13 (i) Reporting requirements. The Task Force shall submit
548+14 findings and recommendations to the Governor and the General
549+15 Assembly by December 31, 2011, including any necessary
550+16 implementing legislation, and recommendations for changes to
551+17 policies, rules, or procedures that are not incorporated in
552+18 the implementing legislation.
553+19 (j) Dissolution of Task Force. The Task Force shall be
554+20 dissolved 90 days after its report has been submitted to the
555+21 Governor's Office and the General Assembly.
556+22 (Source: P.A. 96-1346, eff. 1-1-11; 97-333, eff. 8-12-11.)
557+23 Section 15. The Illinois False Claims Act is amended by
558+24 changing Sections 2, 4, 6, and 8 as follows:
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568+ HB2188 Enrolled - 17 - LRB103 28952 KTG 55338 b
569+1 (740 ILCS 175/2) (from Ch. 127, par. 4102)
570+2 Sec. 2. Definitions. As used in this Act:
571+3 (a) "State" means the State of Illinois; any agency of
572+4 State government; the system of State colleges and
573+5 universities, any school district, community college district,
574+6 county, municipality, municipal corporation, unit of local
575+7 government, and any combination of the above under an
576+8 intergovernmental agreement that includes provisions for a
577+9 governing body of the agency created by the agreement.
578+10 (b) "Guard" means the Illinois National Guard.
579+11 (c) "Investigation" means any inquiry conducted by any
580+12 investigator for the purpose of ascertaining whether any
581+13 person is or has been engaged in any violation of this Act.
582+14 (d) "Investigator" means a person who is charged by the
583+15 Attorney General or the Illinois State Police with the duty of
584+16 conducting any investigation under this Act, or any officer or
585+17 employee of the State acting under the direction and
586+18 supervision of the Attorney General or the Illinois State
587+19 Police, in the course of an investigation.
588+20 (e) "Documentary material" includes the original or any
589+21 copy of any book, record, report, memorandum, paper,
590+22 communication, tabulation, chart, or other document, or data
591+23 compilations stored in or accessible through computer or other
592+24 information retrieval systems, together with instructions and
593+25 all other materials necessary to use or interpret such data
594+26 compilations, and any product of discovery.
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604+ HB2188 Enrolled - 18 - LRB103 28952 KTG 55338 b
605+1 (f) "Custodian" means the custodian, or any deputy
606+2 custodian, designated by the Attorney General under subsection
607+3 (i)(1) of Section 6.
608+4 (g) "Product of discovery" includes:
609+5 (1) the original or duplicate of any deposition,
610+6 interrogatory, document, thing, result of the inspection
611+7 of land or other property, examination, or admission,
612+8 which is obtained by any method of discovery in any
613+9 judicial or administrative proceeding of an adversarial
614+10 nature;
615+11 (2) any digest, analysis, selection, compilation, or
616+12 derivation of any item listed in paragraph (1); and
617+13 (3) any index or other manner of access to any item
618+14 listed in paragraph (1).
619+15 (Source: P.A. 102-538, eff. 8-20-21.)
620+16 (740 ILCS 175/4) (from Ch. 127, par. 4104)
621+17 Sec. 4. Civil actions for false claims.
622+18 (a) Responsibilities of the Attorney General and the
623+19 Illinois State Police. The Attorney General or the Illinois
624+20 State Police shall diligently investigate a civil violation
625+21 under Section 3. If the Attorney General finds that a person
626+22 violated or is violating Section 3, the Attorney General may
627+23 bring a civil action under this Section against the person.
628+24 The State shall receive an amount for reasonable expenses
629+25 that the court finds to have been necessarily incurred by the
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639+ HB2188 Enrolled - 19 - LRB103 28952 KTG 55338 b
640+1 Attorney General, including reasonable attorneys' fees and
641+2 costs. All such expenses, fees, and costs shall be awarded
642+3 against the defendant. The court may award amounts from the
643+4 proceeds of an action or settlement that it considers
644+5 appropriate to any governmental entity or program that has
645+6 been adversely affected by a defendant. The Attorney General,
646+7 if necessary, shall direct the State Treasurer to make a
647+8 disbursement of funds as provided in court orders or
648+9 settlement agreements.
649+10 (b) Actions by private persons.
650+11 (1) A person may bring a civil action for a violation
651+12 of Section 3 for the person and for the State. The action
652+13 shall be brought in the name of the State. The action may
653+14 be dismissed only if the court and the Attorney General
654+15 give written consent to the dismissal and their reasons
655+16 for consenting.
656+17 (2) A copy of the complaint and written disclosure of
657+18 substantially all material evidence and information the
658+19 person possesses shall be served on the State. The
659+20 complaint shall be filed in camera, shall remain under
660+21 seal for at least 60 days, and shall not be served on the
661+22 defendant until the court so orders. The State may elect
662+23 to intervene and proceed with the action within 60 days
663+24 after it receives both the complaint and the material
664+25 evidence and information.
665+26 (3) The State may, for good cause shown, move the
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676+1 court for extensions of the time during which the
677+2 complaint remains under seal under paragraph (2). Any such
678+3 motions may be supported by affidavits or other
679+4 submissions in camera. The defendant shall not be required
680+5 to respond to any complaint filed under this Section until
681+6 20 days after the complaint is unsealed and served upon
682+7 the defendant.
683+8 (4) Before the expiration of the 60-day period or any
684+9 extensions obtained under paragraph (3), the State shall:
685+10 (A) proceed with the action, in which case the
686+11 action shall be conducted by the State; or
687+12 (B) notify the court that it declines to take over
688+13 the action, in which case the person bringing the
689+14 action shall have the right to conduct the action.
690+15 (5) When a person brings an action under this
691+16 subsection (b), no person other than the State may
692+17 intervene or bring a related action based on the facts
693+18 underlying the pending action.
694+19 (c) Rights of the parties to Qui Tam actions.
695+20 (1) If the State proceeds with the action, it shall
696+21 have the primary responsibility for prosecuting the
697+22 action, and shall not be bound by an act of the person
698+23 bringing the action. Such person shall have the right to
699+24 continue as a party to the action, subject to the
700+25 limitations set forth in paragraph (2).
701+26 (2)(A) The State may dismiss the action
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712+1 notwithstanding the objections of the person initiating
713+2 the action if the person has been notified by the State of
714+3 the filing of the motion and the court has provided the
715+4 person with an opportunity for a hearing on the motion.
716+5 (B) The State may settle the action with the defendant
717+6 notwithstanding the objections of the person initiating
718+7 the action if the court determines, after a hearing, that
719+8 the proposed settlement is fair, adequate, and reasonable
720+9 under all the circumstances. Upon a showing of good cause,
721+10 such hearing may be held in camera.
722+11 (C) Upon a showing by the State that unrestricted
723+12 participation during the course of the litigation by the
724+13 person initiating the action would interfere with or
725+14 unduly delay the State's prosecution of the case, or would
726+15 be repetitious, irrelevant, or for purposes of harassment,
727+16 the court may, in its discretion, impose limitations on
728+17 the person's participation, such as:
729+18 (i) limiting the number of witnesses the person
730+19 may call:
731+20 (ii) limiting the length of the testimony of such
732+21 witnesses;
733+22 (iii) limiting the person's cross-examination of
734+23 witnesses; or
735+24 (iv) otherwise limiting the participation by the
736+25 person in the litigation.
737+26 (D) Upon a showing by the defendant that unrestricted
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748+1 participation during the course of the litigation by the
749+2 person initiating the action would be for purposes of
750+3 harassment or would cause the defendant undue burden or
751+4 unnecessary expense, the court may limit the participation
752+5 by the person in the litigation.
753+6 (3) If the State elects not to proceed with the
754+7 action, the person who initiated the action shall have the
755+8 right to conduct the action. If the State so requests, it
756+9 shall be served with copies of all pleadings filed in the
757+10 action and shall be supplied with copies of all deposition
758+11 transcripts (at the State's expense). When a person
759+12 proceeds with the action, the court, without limiting the
760+13 status and rights of the person initiating the action, may
761+14 nevertheless permit the State to intervene at a later date
762+15 upon a showing of good cause.
763+16 (4) Whether or not the State proceeds with the action,
764+17 upon a showing by the State that certain actions of
765+18 discovery by the person initiating the action would
766+19 interfere with the State's investigation or prosecution of
767+20 a criminal or civil matter arising out of the same facts,
768+21 the court may stay such discovery for a period of not more
769+22 than 60 days. Such a showing shall be conducted in camera.
770+23 The court may extend the 60-day period upon a further
771+24 showing in camera that the State has pursued the criminal
772+25 or civil investigation or proceedings with reasonable
773+26 diligence and any proposed discovery in the civil action
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784+1 will interfere with the ongoing criminal or civil
785+2 investigation or proceedings.
786+3 (5) Notwithstanding subsection (b), the State may
787+4 elect to pursue its claim through any alternate remedy
788+5 available to the State, including any administrative
789+6 proceeding to determine a civil money penalty. If any such
790+7 alternate remedy is pursued in another proceeding, the
791+8 person initiating the action shall have the same rights in
792+9 such proceeding as such person would have had if the
793+10 action had continued under this Section. Any finding of
794+11 fact or conclusion of law made in such other proceeding
795+12 that has become final shall be conclusive on all parties
796+13 to an action under this Section. For purposes of the
797+14 preceding sentence, a finding or conclusion is final if it
798+15 has been finally determined on appeal to the appropriate
799+16 court, if all time for filing such an appeal with respect
800+17 to the finding or conclusion has expired, or if the
801+18 finding or conclusion is not subject to judicial review.
802+19 (d) Award to Qui Tam plaintiff.
803+20 (1) If the State proceeds with an action brought by a
804+21 person under subsection (b), such person shall, subject to
805+22 the second sentence of this paragraph, receive at least
806+23 15% but not more than 25% of the proceeds of the action or
807+24 settlement of the claim, depending upon the extent to
808+25 which the person substantially contributed to the
809+26 prosecution of the action. Where the action is one which
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820+1 the court finds to be based primarily on disclosures of
821+2 specific information (other than information provided by
822+3 the person bringing the action) relating to allegations or
823+4 transactions in a criminal, civil, or administrative
824+5 hearing, in a legislative, administrative, or Auditor
825+6 General's report, hearing, audit, or investigation, or
826+7 from the news media, the court may award such sums as it
827+8 considers appropriate, but in no case more than 10% of the
828+9 proceeds, taking into account the significance of the
829+10 information and the role of the person bringing the action
830+11 in advancing the case to litigation. Any payment to a
831+12 person under the first or second sentence of this
832+13 paragraph (1) shall be made from the proceeds. Any such
833+14 person shall also receive an amount for reasonable
834+15 expenses which the court finds to have been necessarily
835+16 incurred, plus reasonable attorneys' fees and costs. The
836+17 State shall also receive an amount for reasonable expenses
837+18 which the court finds to have been necessarily incurred by
838+19 the Attorney General, including reasonable attorneys' fees
839+20 and costs. All such expenses, fees, and costs shall be
840+21 awarded against the defendant. The court may award amounts
841+22 from the proceeds of an action or settlement that it
842+23 considers appropriate to any governmental entity or
843+24 program that has been adversely affected by a defendant.
844+25 The Attorney General, if necessary, shall direct the State
845+26 Treasurer to make a disbursement of funds as provided in
846+
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855+ HB2188 Enrolled - 25 - LRB103 28952 KTG 55338 b
856+1 court orders or settlement agreements.
857+2 (2) If the State does not proceed with an action under
858+3 this Section, the person bringing the action or settling
859+4 the claim shall receive an amount which the court decides
860+5 is reasonable for collecting the civil penalty and
861+6 damages. The amount shall be not less than 25% and not more
862+7 than 30% of the proceeds of the action or settlement and
863+8 shall be paid out of such proceeds. Such person shall also
864+9 receive an amount for reasonable expenses which the court
865+10 finds to have been necessarily incurred, plus reasonable
866+11 attorneys' fees and costs. All such expenses, fees, and
867+12 costs shall be awarded against the defendant. The court
868+13 may award amounts from the proceeds of an action or
869+14 settlement that it considers appropriate to any
870+15 governmental entity or program that has been adversely
871+16 affected by a defendant. The Attorney General, if
872+17 necessary, shall direct the State Treasurer to make a
873+18 disbursement of funds as provided in court orders or
874+19 settlement agreements.
875+20 (3) Whether or not the State proceeds with the action,
876+21 if the court finds that the action was brought by a person
877+22 who planned and initiated the violation of Section 3 upon
878+23 which the action was brought, then the court may, to the
879+24 extent the court considers appropriate, reduce the share
880+25 of the proceeds of the action which the person would
881+26 otherwise receive under paragraph (1) or (2) of this
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891+ HB2188 Enrolled - 26 - LRB103 28952 KTG 55338 b
892+1 subsection (d), taking into account the role of that
893+2 person in advancing the case to litigation and any
894+3 relevant circumstances pertaining to the violation. If the
895+4 person bringing the action is convicted of criminal
896+5 conduct arising from his or her role in the violation of
897+6 Section 3, that person shall be dismissed from the civil
898+7 action and shall not receive any share of the proceeds of
899+8 the action. Such dismissal shall not prejudice the right
900+9 of the State to continue the action, represented by the
901+10 Attorney General.
902+11 (4) If the State does not proceed with the action and
903+12 the person bringing the action conducts the action, the
904+13 court may award to the defendant its reasonable attorneys'
905+14 fees and expenses if the defendant prevails in the action
906+15 and the court finds that the claim of the person bringing
907+16 the action was clearly frivolous, clearly vexatious, or
908+17 brought primarily for purposes of harassment.
909+18 (e) Certain actions barred.
910+19 (1) No court shall have jurisdiction over an action
911+20 brought by a former or present member of the Guard under
912+21 subsection (b) of this Section against a member of the
913+22 Guard arising out of such person's service in the Guard.
914+23 (2)(A) No court shall have jurisdiction over an action
915+24 brought under subsection (b) against a member of the
916+25 General Assembly, a member of the judiciary, or an exempt
917+26 official if the action is based on evidence or information
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928+1 known to the State when the action was brought.
929+2 (B) For purposes of this paragraph (2), "exempt
930+3 official" means any of the following officials in State
931+4 service: directors of departments established under the
932+5 Civil Administrative Code of Illinois, the Adjutant
933+6 General, the Assistant Adjutant General, the Director of
934+7 the State Emergency Services and Disaster Agency, members
935+8 of the boards and commissions, and all other positions
936+9 appointed by the Governor by and with the consent of the
937+10 Senate.
938+11 (3) In no event may a person bring an action under
939+12 subsection (b) which is based upon allegations or
940+13 transactions which are the subject of a civil suit or an
941+14 administrative civil money penalty proceeding in which the
942+15 State is already a party.
943+16 (4)(A) The court shall dismiss an action or claim
944+17 under this Section, unless opposed by the State, if
945+18 substantially the same allegations or transactions as
946+19 alleged in the action or claim were publicly disclosed:
947+20 (i) in a criminal, civil, or administrative
948+21 hearing in which the State or its agent is a party;
949+22 (ii) in a State legislative, State Auditor
950+23 General, or other State report, hearing, audit, or
951+24 investigation; or
952+25 (iii) from the news media,
953+26 unless the action is brought by the Attorney General or
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964+1 the person bringing the action is an original source of
965+2 the information.
966+3 (B) For purposes of this paragraph (4), "original
967+4 source" means an individual who either (i) prior to a
968+5 public disclosure under subparagraph (A) of this paragraph
969+6 (4), has voluntarily disclosed to the State the
970+7 information on which allegations or transactions in a
971+8 claim are based, or (ii) has knowledge that is independent
972+9 of and materially adds to the publicly disclosed
973+10 allegations or transactions, and who has voluntarily
974+11 provided the information to the State before filing an
975+12 action under this Section.
976+13 (f) State not liable for certain expenses. The State is
977+14 not liable for expenses which a person incurs in bringing an
978+15 action under this Section.
979+16 (g) Relief from retaliatory actions.
980+17 (1) In general, any employee, contractor, or agent
981+18 shall be entitled to all relief necessary to make that
982+19 employee, contractor, or agent whole, if that employee,
983+20 contractor, or agent is discharged, demoted, suspended,
984+21 threatened, harassed, or in any other manner discriminated
985+22 against in the terms and conditions of employment because
986+23 of lawful acts done by the employee, contractor, agent, or
987+24 associated others in furtherance of an action under this
988+25 Section or other efforts to stop one or more violations of
989+26 this Act.
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1000+1 (2) Relief under paragraph (1) shall include
1001+2 reinstatement with the same seniority status that the
1002+3 employee, contractor, or agent would have had but for the
1003+4 discrimination, 2 times the amount of back pay, interest
1004+5 on the back pay, and compensation for any special damages
1005+6 sustained as a result of the discrimination, including
1006+7 litigation costs and reasonable attorneys' fees. An action
1007+8 under this subsection (g) may be brought in the
1008+9 appropriate circuit court for the relief provided in this
1009+10 subsection (g).
1010+11 (3) A civil action under this subsection may not be
1011+12 brought more than 3 years after the date when the
1012+13 retaliation occurred.
1013+14 (Source: P.A. 102-538, eff. 8-20-21.)
1014+15 (740 ILCS 175/6) (from Ch. 127, par. 4106)
1015+16 Sec. 6. Subpoenas.
1016+17 (a) In general.
1017+18 (1) Issuance and service. Whenever the Attorney
1018+19 General, or a designee (for purposes of this Section), has
1019+20 reason to believe that any person may be in possession,
1020+21 custody, or control of any documentary material or
1021+22 information relevant to an investigation, the Attorney
1022+23 General, or a designee, may, before commencing a civil
1023+24 proceeding under this Act or making an election under
1024+25 paragraph (4) of subsection (b) of Section 4, issue in
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1035+1 writing and cause to be served upon such person, a
1036+2 subpoena requiring such person:
1037+3 (A) to produce such documentary material for
1038+4 inspection and copying,
1039+5 (B) to answer, in writing, written interrogatories
1040+6 with respect to such documentary material or
1041+7 information,
1042+8 (C) to give oral testimony concerning such
1043+9 documentary material or information, or
1044+10 (D) to furnish any combination of such material,
1045+11 answers, or testimony.
1046+12 The Attorney General may delegate the authority to issue
1047+13 subpoenas under this subsection (a) to the Department of
1048+14 State Police subject to conditions as the Attorney General
1049+15 deems appropriate. Whenever a subpoena is an express
1050+16 demand for any product of discovery, the Attorney General
1051+17 or his or her delegate shall cause to be served, in any
1052+18 manner authorized by this Section, a copy of such demand
1053+19 upon the person from whom the discovery was obtained and
1054+20 shall notify the person to whom such demand is issued of
1055+21 the date on which such copy was served. Any information
1056+22 obtained by the Attorney General or a designee under this
1057+23 Section may be shared with any qui tam relator if the
1058+24 Attorney General or designee determines it necessary as
1059+25 part of any False Claims Act investigation.
1060+26 (1.5) Where a subpoena requires the production of
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1071+1 documentary material, the respondent shall produce the
1072+2 original of the documentary material, provided, however,
1073+3 that the Attorney General, or a designee, may agree that
1074+4 copies may be substituted for the originals. All
1075+5 documentary material kept or stored in electronic form,
1076+6 including electronic mail, shall be produced in native
1077+7 format, as kept in the normal course of business, or as
1078+8 otherwise directed by the Attorney General or designee.
1079+9 The production of documentary material shall be made at
1080+10 the respondent's expense.
1081+11 (2) Contents and deadlines. Each subpoena issued under
1082+12 paragraph (1):
1083+13 (A) Shall state the nature of the conduct
1084+14 constituting an alleged violation that is under
1085+15 investigation and the applicable provision of law
1086+16 alleged to be violated.
1087+17 (B) Shall identify the individual causing the
1088+18 subpoena to be served and to whom communications
1089+19 regarding the subpoena should be directed.
1090+20 (C) Shall state the date, place, and time at which
1091+21 the person is required to appear, produce written
1092+22 answers to interrogatories, produce documentary
1093+23 material or give oral testimony. The date shall not be
1094+24 less than 10 days from the date of service of the
1095+25 subpoena. Compliance with the subpoena shall be at the
1096+26 Office of the Attorney General in either the
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1107+1 Springfield or Chicago location or at other location
1108+2 by agreement.
1109+3 (D) If the subpoena is for documentary material or
1110+4 interrogatories, shall describe the documents or
1111+5 information requested with specificity.
1112+6 (E) Shall notify the person of the right to be
1113+7 assisted by counsel.
1114+8 (F) Shall advise that the person has 20 days from
1115+9 the date of service or up until the return date
1116+10 specified in the demand, whichever date is earlier, to
1117+11 move, modify, or set aside the subpoena pursuant to
1118+12 subparagraph (j)(2)(A) of this Section.
1119+13 (b) Protected material or information.
1120+14 (1) In general. A subpoena issued under subsection (a)
1121+15 may not require the production of any documentary
1122+16 material, the submission of any answers to written
1123+17 interrogatories, or the giving of any oral testimony if
1124+18 such material, answers, or testimony would be protected
1125+19 from disclosure under:
1126+20 (A) the standards applicable to subpoenas or
1127+21 subpoenas duces tecum issued by a court of this State
1128+22 to aid in a grand jury investigation; or
1129+23 (B) the standards applicable to discovery requests
1130+24 under the Code of Civil Procedure, to the extent that
1131+25 the application of such standards to any such subpoena
1132+26 is appropriate and consistent with the provisions and
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1143+1 purposes of this Section.
1144+2 (2) Effect on other orders, rules, and laws. Any such
1145+3 subpoena which is an express demand for any product of
1146+4 discovery supersedes any inconsistent order, rule, or
1147+5 provision of law (other than this Section) preventing or
1148+6 restraining disclosure of such product of discovery to any
1149+7 person. Disclosure of any product of discovery pursuant to
1150+8 any such subpoena does not constitute a waiver of any
1151+9 right or privilege which the person making such disclosure
1152+10 may be entitled to invoke to resist discovery of trial
1153+11 preparation materials.
1154+12 (c) Service in general. Any subpoena issued under
1155+13 subsection (a) may be served by any person so authorized by the
1156+14 Attorney General or by any person authorized to serve process
1157+15 on individuals within Illinois, through any method prescribed
1158+16 in the Code of Civil Procedure or as otherwise set forth in
1159+17 this Act.
1160+18 (d) Service upon legal entities and natural persons.
1161+19 (1) Legal entities. Service of any subpoena issued
1162+20 under subsection (a) or of any petition filed under
1163+21 subsection (j) may be made upon a partnership,
1164+22 corporation, association, or other legal entity by:
1165+23 (A) delivering an executed copy of such subpoena
1166+24 or petition to any partner, executive officer,
1167+25 managing agent, general agent, or registered agent of
1168+26 the partnership, corporation, association or entity;
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1179+1 (B) delivering an executed copy of such subpoena
1180+2 or petition to the principal office or place of
1181+3 business of the partnership, corporation, association,
1182+4 or entity; or
1183+5 (C) depositing an executed copy of such subpoena
1184+6 or petition in the United States mails by registered
1185+7 or certified mail, with a return receipt requested,
1186+8 addressed to such partnership, corporation,
1187+9 association, or entity as its principal office or
1188+10 place of business.
1189+11 (2) Natural person. Service of any such subpoena or
1190+12 petition may be made upon any natural person by:
1191+13 (A) delivering an executed copy of such subpoena
1192+14 or petition to the person; or
1193+15 (B) depositing an executed copy of such subpoena
1194+16 or petition in the United States mails by registered
1195+17 or certified mail, with a return receipt requested,
1196+18 addressed to the person at the person's residence or
1197+19 principal office or place of business.
1198+20 (e) Proof of service. A verified return by the individual
1199+21 serving any subpoena issued under subsection (a) or any
1200+22 petition filed under subsection (j) setting forth the manner
1201+23 of such service shall be proof of such service. In the case of
1202+24 service by registered or certified mail, such return shall be
1203+25 accompanied by the return post office receipt of delivery of
1204+26 such subpoena.
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1215+1 (f) Documentary material.
1216+2 (1) Sworn certificates. The production of documentary
1217+3 material in response to a subpoena served under this
1218+4 Section shall be made under a sworn certificate, in such
1219+5 form as the subpoena designates, by:
1220+6 (A) in the case of a natural person, the person to
1221+7 whom the subpoena is directed, or
1222+8 (B) in the case of a person other than a natural
1223+9 person, a person having knowledge of the facts and
1224+10 circumstances relating to such production and
1225+11 authorized to act on behalf of such person.
1226+12 The certificate shall state that all of the documentary
1227+13 material required by the demand and in the possession,
1228+14 custody, or control of the person to whom the subpoena is
1229+15 directed has been produced and made available to the
1230+16 Attorney General.
1231+17 (2) Production of materials. Any person upon whom any
1232+18 subpoena for the production of documentary material has
1233+19 been served under this Section shall make such material
1234+20 available for inspection and copying to the Attorney
1235+21 General at the place designated in the subpoena, or at
1236+22 such other place as the Attorney General and the person
1237+23 thereafter may agree and prescribe in writing, or as the
1238+24 court may direct under subsection (j)(1). Such material
1239+25 shall be made so available on the return date specified in
1240+26 such subpoena, or on such later date as the Attorney
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1251+1 General may prescribe in writing. Such person may, upon
1252+2 written agreement between the person and the Attorney
1253+3 General, substitute copies for originals of all or any
1254+4 part of such material.
1255+5 (g) Interrogatories. Each interrogatory in a subpoena
1256+6 served under this Section shall be answered separately and
1257+7 fully in writing under oath and shall be submitted under a
1258+8 sworn certificate, in such form as the subpoena designates by:
1259+9 (1) in the case of a natural person, the person to whom
1260+10 the subpoena is directed, or
1261+11 (2) in the case of a person other than a natural
1262+12 person, the person or persons responsible for answering
1263+13 each interrogatory.
1264+14 If any interrogatory is objected to, the reasons for the
1265+15 objection shall be stated in the certificate instead of an
1266+16 answer. The certificate shall state that all information
1267+17 required by the subpoena and in the possession, custody,
1268+18 control, or knowledge of the person to whom the demand is
1269+19 directed has been submitted. To the extent that any
1270+20 information is not furnished, the information shall be
1271+21 identified and reasons set forth with particularity regarding
1272+22 the reasons why the information was not furnished.
1273+23 (h) Oral examinations.
1274+24 (1) Procedures. The examination of any person pursuant
1275+25 to a subpoena for oral testimony served under this Section
1276+26 shall be taken before an officer authorized to administer
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1287+1 oaths and affirmations by the laws of this State or of the
1288+2 place where the examination is held. The officer before
1289+3 whom the testimony is to be taken shall put the witness on
1290+4 oath or affirmation and shall, personally or by someone
1291+5 acting under the direction of the officer and in the
1292+6 officer's presence, record the testimony of the witness.
1293+7 The testimony shall be taken stenographically and shall be
1294+8 transcribed. When the testimony is fully transcribed, the
1295+9 officer before whom the testimony is taken shall promptly
1296+10 transmit a certified copy of the transcript of the
1297+11 testimony in accordance with the instructions of the
1298+12 Attorney General. This subsection shall not preclude the
1299+13 taking of testimony by any means authorized by, and in a
1300+14 manner consistent with, the Code of Civil Procedure.
1301+15 (2) Persons present. The investigator conducting the
1302+16 examination shall exclude from the place where the
1303+17 examination is held all persons except the person giving
1304+18 the testimony, the attorney for and any other
1305+19 representative of the person giving the testimony, the
1306+20 attorney for the State, any person who may be agreed upon
1307+21 by the attorney for the State and the person giving the
1308+22 testimony, the officer before whom the testimony is to be
1309+23 taken, and any stenographer taking such testimony.
1310+24 (3) Where testimony taken. The oral testimony of any
1311+25 person taken pursuant to a subpoena served under this
1312+26 Section shall be taken in the county within which such
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1323+1 person resides, is found, or transacts business, or in
1324+2 such other place as may be agreed upon by the Attorney
1325+3 General and such person.
1326+4 (4) Transcript of testimony. When the testimony is
1327+5 fully transcribed, the Attorney General or the officer
1328+6 before whom the testimony is taken shall afford the
1329+7 witness, who may be accompanied by counsel, a reasonable
1330+8 opportunity to review and correct the transcript, in
1331+9 accordance with the rules applicable to deposition
1332+10 witnesses in civil cases. Upon payment of reasonable
1333+11 charges, the Attorney General shall furnish a copy of the
1334+12 transcript to the witness, except that the Attorney
1335+13 General may, for good cause, limit the witness to
1336+14 inspection of the official transcript of the witness'
1337+15 testimony.
1338+16 (5) Conduct of oral testimony.
1339+17 (A) Any person compelled to appear for oral
1340+18 testimony under a subpoena issued under subsection (a)
1341+19 may be accompanied, represented, and advised by
1342+20 counsel, who may raise objections based on matters of
1343+21 privilege in accordance with the rules applicable to
1344+22 depositions in civil cases. If such person refuses to
1345+23 answer any question, a petition may be filed in
1346+24 circuit court under subsection (j)(1) for an order
1347+25 compelling such person to answer such question.
1348+26 (B) If such person refuses any question on the
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1359+1 grounds of the privilege against self-incrimination,
1360+2 the testimony of such person may be compelled in
1361+3 accordance with Article 106 of the Code of Criminal
1362+4 Procedure of 1963.
1363+5 (6) Witness fees and allowances. Any person appearing
1364+6 for oral testimony under a subpoena issued under
1365+7 subsection (a) shall be entitled to the same fees and
1366+8 allowances which are paid to witnesses in the circuit
1367+9 court.
1368+10 (i) Custodians of documents, answers, and transcripts.
1369+11 (1) Designation. The Attorney General or his or her
1370+12 delegate shall serve as custodian of documentary material,
1371+13 answers to interrogatories, and transcripts of oral
1372+14 testimony received under this Section.
1373+15 (2) Except as otherwise provided in this Section, no
1374+16 documentary material, answers to interrogatories, or
1375+17 transcripts of oral testimony, or copies thereof, while in
1376+18 the possession of the custodian, shall be available for
1377+19 examination by any individual, except as determined
1378+20 necessary by the Attorney General and subject to the
1379+21 conditions imposed by him or her for effective enforcement
1380+22 of the laws of this State, or as otherwise provided by
1381+23 court order.
1382+24 (3) Conditions for return of material. If any
1383+25 documentary material has been produced by any person in
1384+26 the course of any investigation pursuant to a subpoena
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1395+1 under this Section and:
1396+2 (A) any case or proceeding before the court or
1397+3 grand jury arising out of such investigation, or any
1398+4 proceeding before any State agency involving such
1399+5 material, has been completed, or
1400+6 (B) no case or proceeding in which such material
1401+7 may be used has been commenced within a reasonable
1402+8 time after completion of the examination and analysis
1403+9 of all documentary material and other information
1404+10 assembled in the course of such investigation,
1405+11 the custodian shall, upon written request of the person
1406+12 who produced such material, return to such person any such
1407+13 material which has not passed into the control of any
1408+14 court, grand jury, or agency through introduction into the
1409+15 record of such case or proceeding.
1410+16 (j) Judicial proceedings.
1411+17 (1) Petition for enforcement. Whenever any person
1412+18 fails to comply with any subpoena issued under subsection
1413+19 (a), or whenever satisfactory copying or reproduction of
1414+20 any material requested in such demand cannot be done and
1415+21 such person refuses to surrender such material, the
1416+22 Attorney General may file, in the circuit court of any
1417+23 county in which such person resides, is found, or
1418+24 transacts business, or the circuit court of the county in
1419+25 which an action filed pursuant to Section 4 of this Act is
1420+26 pending if the action relates to the subject matter of the
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1431+1 subpoena and serve upon such person a petition for an
1432+2 order of such court for the enforcement of the subpoena.
1433+3 (2) Petition to modify or set aside subpoena.
1434+4 (A) Any person who has received a subpoena issued
1435+5 under subsection (a) may file, in the circuit court of
1436+6 any county within which such person resides, is found,
1437+7 or transacts business, and serve upon the Attorney
1438+8 General a petition for an order of the court to modify
1439+9 or set aside such subpoena. In the case of a petition
1440+10 addressed to an express demand for any product of
1441+11 discovery, a petition to modify or set aside such
1442+12 demand may be brought only in the circuit court of the
1443+13 county in which the proceeding in which such discovery
1444+14 was obtained is or was last pending. Any petition
1445+15 under this subparagraph (A) must be filed:
1446+16 (i) within 20 days after the date of service
1447+17 of the subpoena, or at any time before the return
1448+18 date specified in the subpoena, whichever date is
1449+19 earlier, or
1450+20 (ii) within such longer period as may be
1451+21 prescribed in writing by the Attorney General.
1452+22 (B) The petition shall specify each ground upon
1453+23 which the petitioner relies in seeking relief under
1454+24 subparagraph (A), and may be based upon any failure of
1455+25 the subpoena to comply with the provisions of this
1456+26 Section or upon any constitutional or other legal
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1467+1 right or privilege of such person. During the pendency
1468+2 of the petition in the court, the court may stay, as it
1469+3 deems proper, the running of the time allowed for
1470+4 compliance with the subpoena, in whole or in part,
1471+5 except that the person filing the petition shall
1472+6 comply with any portion of the subpoena not sought to
1473+7 be modified or set aside.
1474+8 (3) Petition to modify or set aside demand for product
1475+9 of discovery. In the case of any subpoena issued under
1476+10 subsection (a) which is an express demand for any product
1477+11 of discovery, the person from whom such discovery was
1478+12 obtained may file, in the circuit court of the county in
1479+13 which the proceeding in which such discovery was obtained
1480+14 is or was last pending, a petition for an order of such
1481+15 court to modify or set aside those portions of the
1482+16 subpoena requiring production of any such product of
1483+17 discovery, subject to the same terms, conditions, and
1484+18 limitations set forth in subparagraph (j)(2) of this
1485+19 Section.
1486+20 (4) Jurisdiction. Whenever any petition is filed in
1487+21 any circuit court under this subsection (j), such court
1488+22 shall have jurisdiction to hear and determine the matter
1489+23 so presented, and to enter such orders as may be required
1490+24 to carry out the provisions of this Section. Any final
1491+25 order so entered shall be subject to appeal in the same
1492+26 manner as appeals of other final orders in civil matters.
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1503+1 Any disobedience of any final order entered under this
1504+2 Section by any court shall be punished as a contempt of the
1505+3 court.
1506+4 (k) Disclosure exemption. Any documentary material,
1507+5 answers to written interrogatories, or oral testimony provided
1508+6 under any subpoena issued under subsection (a) shall be exempt
1509+7 from disclosure under the Illinois Administrative Procedure
1510+8 Act.
1511+9 (Source: P.A. 96-1304, eff. 7-27-10.)
1512+10 (740 ILCS 175/8) (from Ch. 127, par. 4108)
1513+11 Sec. 8. Funds; Grants.
1514+12 (a) There is hereby created the State Whistleblower Reward
1515+13 and Protection Fund to be held outside of the State Treasury
1516+14 with the State Treasurer as custodian. All proceeds of an
1517+15 action or settlement of a claim brought under this Act shall be
1518+16 deposited in the Fund. Any attorneys' fees, expenses, and
1519+17 costs paid by or awarded against any defendant pursuant to
1520+18 Section 4 of this Act shall not be considered part of the
1521+19 proceeds to be deposited in the Fund.
1522+20 (b) For all cases resolved before October 1, 2023, monies
1523+21 Monies in the Fund shall be allocated as follows: One-sixth of
1524+22 the monies shall be paid to the Attorney General Whistleblower
1525+23 Reward and Protection Fund, which is hereby created as a
1526+24 special fund in the State Treasury, and one-sixth of the
1527+25 monies shall be paid to the State Police Whistleblower Reward
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1538+1 and Protection Fund, which is hereby created as a special fund
1539+2 in the State Treasury, for State law enforcement purposes. The
1540+3 remaining two-thirds of the monies in the Fund shall be used
1541+4 for payment of awards to Qui Tam plaintiffs and as otherwise
1542+5 specified in this Act, with any remainder to the General
1543+6 Revenue Fund. The Attorney General shall direct the State
1544+7 Treasurer to make disbursement of funds.
1545+8 (c) For all cases resolved on or after October 1, 2023,
1546+9 monies in the Fund shall be allocated as follows: One-third of
1547+10 the monies shall be paid to the Attorney General Whistleblower
1548+11 Reward and Protection Fund. The remaining two-thirds of the
1549+12 monies in the Fund shall be used for payment of awards to Qui
1550+13 Tam plaintiffs and as otherwise specified in this Act, with
1551+14 any remainder to the General Revenue Fund. The Attorney
1552+15 General shall direct the State Treasurer to make disbursement
1553+16 of funds.
1554+17 (Source: P.A. 101-148, eff. 7-26-19.)
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