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Rep. John A. Fritchey
Filed: 3/13/2007
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| AMENDMENT TO HOUSE BILL 742
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| AMENDMENT NO. ______. Amend House Bill 742 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Whistleblower Act is amended by changing |
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| Sections 5, 10, 15, and 20 and by adding Section 40 as follows:
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| (740 ILCS 174/5)
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| Sec. 5. Definitions. As used in this Act:
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| "Employer" means: an individual, sole proprietorship, |
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| partnership, firm,
corporation, association, and any other |
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| entity that has one or more
employees in this State, including |
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| a political subdivision of the State; a unit of local |
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| government, other than a municipality with a population of |
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| 500,000 or more; a school district, combination of school |
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| districts, or governing body of a joint agreement of any type |
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| formed by two or more school districts; a community college |
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| district, State college or university, any State agency whose |
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| major function is providing educational services; any |
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| authority including a department, division, bureau, board, |
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| commission, or other agency of these entities; and any person |
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| acting within the scope of his or her authority express or |
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| implied on behalf of those entities in dealing with its |
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| employers
except that "employer" does not include any
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| governmental entity .
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| "Employee" means any individual who is employed on a |
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| full-time,
part-time, or contractual basis by an employer.
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| (Source: P.A. 93-544, eff. 1-1-04.)
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| (740 ILCS 174/10)
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| Sec. 10. Certain policies prohibited. An employer may not |
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| make,
adopt, or enforce any rule, regulation, or policy |
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| preventing an
employee from disclosing information to a |
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| government or law enforcement
agency if the employee has |
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| reasonable cause to believe that the
information discloses a |
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| violation of a State or federal law,
rule, or regulation or a |
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| violation of any ordinance, resolution, rule, or regulation of |
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| a governmental entity included in the definition of employer in |
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| Section 5 .
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| (Source: P.A. 93-544, eff. 1-1-04.)
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| (740 ILCS 174/15)
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| Sec. 15. Retaliation for certain disclosures prohibited.
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| (a) An employer may not retaliate against an employee who |
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| discloses information in a court, an administrative hearing, or |
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| before a legislative commission or committee, or in any other |
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| proceeding, where the employee has reasonable cause to believe |
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| that the information discloses a violation of a State or |
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| federal law, rule, or regulation or a violation of any |
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| ordinance, resolution, rule, or regulation of a governmental |
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| entity included in the definition of employer in Section 5. |
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| (b) An employer
may not retaliate against an employee for |
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| disclosing information to a
government or law enforcement |
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| agency, where the employee has reasonable
cause to believe that |
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| the information discloses a violation of a State
or federal |
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| law, rule, or regulation.
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| (Source: P.A. 93-544, eff. 1-1-04.)
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| (740 ILCS 174/20)
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| Sec. 20. Retaliation for certain refusals prohibited. An |
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| employer
may not retaliate against an employee for refusing to |
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| participate in an
activity that would result in a violation of |
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| a State or federal law,
rule, or
regulation or a violation of |
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| any ordinance, resolution, rule, or regulation of a |
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| governmental entity included in the definition of employer in |
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| Section 5 .
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| (Source: P.A. 93-544, eff. 1-1-04.)
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| (740 ILCS 174/40 new) |
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| Sec. 40. Home Rule Limitation. It is the public policy of |
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| this State, pursuant to paragraphs (h) and (i) of Section 6 of |
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| Article VII of the Illinois Constitution that the provisions of |
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| this Act are the exclusive exercise by the State of powers and |
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| functions which might otherwise be exercised by other home rule |
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| units. Such powers and functions may not be exercised |
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| concurrently, either directly or indirectly by any unit of |
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| local government, including any home rule unit except as |
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| otherwise authorized by this Act. |
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| Section 10. The Whistleblower Reward and Protection Act is |
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| amended by changing Sections 2 and 3 as follows:
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| (740 ILCS 175/2) (from Ch. 127, par. 4102)
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| Sec. 2. Definitions. As used in this Act:
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| (a) "State" means the State of Illinois; any agency of |
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| State
government; system of State colleges and universities; |
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| school district; community college district; county; |
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| municipality, other than a municipality with a population of |
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| 500,000 or more; municipal corporation; unit of local |
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| government; and any combination of the above under an |
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| intergovernmental agreement that includes provisions for a |
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| governing body of the agency created by the agreement.
and any |
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| of the following entities which may elect to adopt the
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| provisions of this Act by ordinance or resolution, a copy of |
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| which shall be
filed with the Attorney General within 30 days |
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| of its adoption: the system of
State colleges and universities, |
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| any school district, any public community
college district, any |
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| municipality, municipal corporations, units of local
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| government, and any combination of the above under an |
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| intergovernmental
agreement that includes provisions for a |
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| governing body of the agency created
by the agreement.
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| (b) "Guard" means the Illinois National Guard.
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| (c) "Investigation" means any inquiry conducted by any |
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| investigator for
the purpose of ascertaining whether any person |
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| is or has been engaged in
any violation of this Act.
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| (d) "Investigator" means a person who is charged by the |
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| Department of
State Police with the duty of conducting any |
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| investigation under this Act, or
any officer or employee of the |
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| State acting under the direction and
supervision of the |
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| Department of State Police, through the Division of
Operations |
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| or the Division of Internal
Investigation, in the course of
an |
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| investigation.
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| (e) "Documentary material" includes the original or any |
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| copy of any
book, record, report, memorandum, paper, |
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| communication, tabulation,
chart, or other document, or data |
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| compilations stored in or accessible
through computer or other |
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| information retrieval systems, together with
instructions and |
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| all other materials necessary to use or interpret such
data |
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| compilations, and any product of discovery.
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| (f) "Custodian" means the custodian, or any deputy |
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| custodian, designated
by the Attorney General under subsection |
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| (i)(1) of Section 6.
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| (g) "Product of discovery" includes:
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| (1) the original or duplicate of any deposition, |
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| interrogatory,
document, thing, result of the inspection |
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| of land or other property,
examination, or admission, which |
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| is obtained by any method of discovery in
any judicial or |
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| administrative proceeding of an adversarial nature;
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| (2) any digest, analysis, selection, compilation, or |
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| derivation of any
item listed in paragraph (1); and
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| (3) any index or other manner of access to any item |
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| listed in
paragraph (1).
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| (Source: P.A. 91-760, eff. 1-1-01.)
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| (740 ILCS 175/3) (from Ch. 127, par. 4103)
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| Sec. 3. False claims.
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| (a) Liability for certain acts. Any person who:
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| (1) knowingly presents, or causes to be presented, to |
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| an officer or
employee of the State or a member of the |
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| Guard a false or fraudulent claim
for payment or approval;
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| (2) knowingly makes, uses, or causes to be made or |
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| used, a false record
or statement to get a false or |
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| fraudulent claim paid or approved by the State;
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| (3) conspires to defraud the State by getting a false |
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| or fraudulent
claim allowed or paid;
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| (4) has possession, custody, or control of property or |
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| money used, or to
be used, by the State and, intending to |
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| defraud the State or willfully to
conceal the property, |
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| delivers, or causes to be delivered, less property
than the |
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| amount for which the person receives a certificate or |
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| receipt;
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| (5) authorized to make or deliver a document certifying |
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| receipt of
property used, or to be used, by the State and, |
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| intending to defraud the
State, makes or delivers the |
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| receipt without completely knowing that the
information on |
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| the receipt is true;
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| (6) knowingly buys, or receives as a pledge of an |
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| obligation or debt,
public property from an officer or |
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| employee of the State, or a member of
the Guard, who |
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| lawfully may not sell or pledge the property; or
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| (7) knowingly makes, uses, or causes to be made or |
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| used, a false record
or statement to conceal, avoid or |
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| decrease an obligation to pay or transmit
money or property |
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| to the State ; , |
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| (8) knowingly takes adverse employment action against |
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| an employee for disclosing information to a government or |
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| law enforcement agency, if the employee has reasonable |
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| cause to believe that the information discloses a violation |
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| of a State or federal law, rule, or regulation or a |
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| violation of an ordinance, resolution, rule, or regulation |
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| of a governmental entity described in the definition of |
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| State in Section 2; or |
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| (9) knowingly retaliates against an employee who has |
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| disclosed information in a court, an administrative |
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| hearing, before a legislative commission or committee, or |
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| in another proceeding and discloses information, if the |
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| employee has reasonable cause to believe that the |
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| information discloses a violation of a State or federal |
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| law, rule, or regulation or a violation of an ordinance, |
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| resolution, rule, or regulation of a governmental entity |
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| described in the definition of State in Section 2;
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| is liable to the State for a civil penalty of not less than |
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| $5,500 and not
more than $11,000, plus 3 times the amount of |
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| damages which the State
sustains because of the act of that |
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| person. A person violating
this subsection (a) shall also be |
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| liable to the State for the costs of a civil
action brought to |
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| recover any such penalty or damages.
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| (b) Knowing and knowingly defined. As used in this Section, |
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| the terms
"knowing" and "knowingly" mean that a person, with |
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| respect to information:
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| (1) has actual knowledge of the information;
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| (2) acts in deliberate ignorance of the truth or |
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| falsity of the
information; or
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| (3) acts in reckless disregard of the truth or falsity |
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| of the
information, and no proof of specific intent to |
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| defraud is required.
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| (c) Claim defined. As used in this Section, "claim" |
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| includes any
request or demand, whether under a contract or |
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| otherwise, for money or
property which is made to a contractor, |
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| grantee, or other recipient if the
State provides any portion |
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| of the money or property which is requested or
demanded, or if |
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| the State will reimburse such contractor, grantee, or other
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| recipient for any portion of the money or property which is |
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| requested
or demanded. A claim also includes a request or |
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| demand for money damages or injunctive relief on behalf of an |
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| employee who has suffered an adverse employment action taken in |
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| violation of paragraphs (8) or (9) of subsection (a).
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| (d) Exclusion. This Section does not apply to claims, |
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| records, or
statements made under the Illinois Income Tax Act.
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| (Source: P.A. 94-1059, eff. 7-31-06.)".
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