Full Text of HB0742 95th General Assembly
HB0742ham001 95TH GENERAL ASSEMBLY
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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 | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Whistleblower Act is amended by changing | 5 |
| 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, | 9 |
| partnership, firm,
corporation, association, and any other | 10 |
| entity that has one or more
employees in this State, including | 11 |
| a political subdivision of the State; a unit of local | 12 |
| government, other than a municipality with a population of | 13 |
| 500,000 or more; a school district, combination of school | 14 |
| districts, or governing body of a joint agreement of any type | 15 |
| formed by two or more school districts; a community college | 16 |
| district, State college or university, any State agency whose |
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| major function is providing educational services; any | 2 |
| authority including a department, division, bureau, board, | 3 |
| commission, or other agency of these entities; and any person | 4 |
| acting within the scope of his or her authority express or | 5 |
| implied on behalf of those entities in dealing with its | 6 |
| 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 | 9 |
| 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 | 13 |
| make,
adopt, or enforce any rule, regulation, or policy | 14 |
| preventing an
employee from disclosing information to a | 15 |
| government or law enforcement
agency if the employee has | 16 |
| reasonable cause to believe that the
information discloses a | 17 |
| violation of a State or federal law,
rule, or regulation or a | 18 |
| violation of any ordinance, resolution, rule, or regulation of | 19 |
| a governmental entity included in the definition of employer in | 20 |
| 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 | 2 |
| before a legislative commission or committee, or in any other | 3 |
| proceeding, where the employee has reasonable cause to believe | 4 |
| that the information discloses a violation of a State or | 5 |
| federal law, rule, or regulation or a violation of any | 6 |
| ordinance, resolution, rule, or regulation of a governmental | 7 |
| entity included in the definition of employer in Section 5. | 8 |
| (b) An employer
may not retaliate against an employee for | 9 |
| disclosing information to a
government or law enforcement | 10 |
| agency, where the employee has reasonable
cause to believe that | 11 |
| the information discloses a violation of a State
or federal | 12 |
| 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 | 16 |
| employer
may not retaliate against an employee for refusing to | 17 |
| participate in an
activity that would result in a violation of | 18 |
| a State or federal law,
rule, or
regulation or a violation of | 19 |
| any ordinance, resolution, rule, or regulation of a | 20 |
| governmental entity included in the definition of employer in | 21 |
| Section 5 .
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| (Source: P.A. 93-544, eff. 1-1-04.)
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| (740 ILCS 174/40 new) | 24 |
| 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 | 2 |
| Article VII of the Illinois Constitution that the provisions of | 3 |
| this Act are the exclusive exercise by the State of powers and | 4 |
| functions which might otherwise be exercised by other home rule | 5 |
| units. Such powers and functions may not be exercised | 6 |
| concurrently, either directly or indirectly by any unit of | 7 |
| local government, including any home rule unit except as | 8 |
| otherwise authorized by this Act. | 9 |
| Section 10. The Whistleblower Reward and Protection Act is | 10 |
| 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 | 14 |
| State
government; system of State colleges and universities; | 15 |
| school district; community college district; county; | 16 |
| municipality, other than a municipality with a population of | 17 |
| 500,000 or more; municipal corporation; unit of local | 18 |
| government; and any combination of the above under an | 19 |
| intergovernmental agreement that includes provisions for a | 20 |
| governing body of the agency created by the agreement.
and any | 21 |
| 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 | 23 |
| which shall be
filed with the Attorney General within 30 days | 24 |
| of its adoption: the system of
State colleges and universities, |
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| any school district, any public community
college district, any | 2 |
| municipality, municipal corporations, units of local
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| government, and any combination of the above under an | 4 |
| intergovernmental
agreement that includes provisions for a | 5 |
| 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 | 8 |
| investigator for
the purpose of ascertaining whether any person | 9 |
| 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 | 11 |
| Department of
State Police with the duty of conducting any | 12 |
| investigation under this Act, or
any officer or employee of the | 13 |
| State acting under the direction and
supervision of the | 14 |
| Department of State Police, through the Division of
Operations | 15 |
| or the Division of Internal
Investigation, in the course of
an | 16 |
| investigation.
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| (e) "Documentary material" includes the original or any | 18 |
| copy of any
book, record, report, memorandum, paper, | 19 |
| communication, tabulation,
chart, or other document, or data | 20 |
| compilations stored in or accessible
through computer or other | 21 |
| information retrieval systems, together with
instructions and | 22 |
| all other materials necessary to use or interpret such
data | 23 |
| compilations, and any product of discovery.
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| (f) "Custodian" means the custodian, or any deputy | 25 |
| custodian, designated
by the Attorney General under subsection | 26 |
| (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, | 3 |
| interrogatory,
document, thing, result of the inspection | 4 |
| of land or other property,
examination, or admission, which | 5 |
| is obtained by any method of discovery in
any judicial or | 6 |
| administrative proceeding of an adversarial nature;
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| (2) any digest, analysis, selection, compilation, or | 8 |
| derivation of any
item listed in paragraph (1); and
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| (3) any index or other manner of access to any item | 10 |
| 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 | 16 |
| an officer or
employee of the State or a member of the | 17 |
| Guard a false or fraudulent claim
for payment or approval;
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| (2) knowingly makes, uses, or causes to be made or | 19 |
| used, a false record
or statement to get a false or | 20 |
| fraudulent claim paid or approved by the State;
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| (3) conspires to defraud the State by getting a false | 22 |
| or fraudulent
claim allowed or paid;
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| (4) has possession, custody, or control of property or | 24 |
| money used, or to
be used, by the State and, intending to | 25 |
| defraud the State or willfully to
conceal the property, |
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| delivers, or causes to be delivered, less property
than the | 2 |
| amount for which the person receives a certificate or | 3 |
| receipt;
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| (5) authorized to make or deliver a document certifying | 5 |
| receipt of
property used, or to be used, by the State and, | 6 |
| intending to defraud the
State, makes or delivers the | 7 |
| receipt without completely knowing that the
information on | 8 |
| the receipt is true;
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| (6) knowingly buys, or receives as a pledge of an | 10 |
| obligation or debt,
public property from an officer or | 11 |
| employee of the State, or a member of
the Guard, who | 12 |
| lawfully may not sell or pledge the property; or
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| (7) knowingly makes, uses, or causes to be made or | 14 |
| used, a false record
or statement to conceal, avoid or | 15 |
| decrease an obligation to pay or transmit
money or property | 16 |
| to the State ; , | 17 |
| (8) knowingly takes adverse employment action against | 18 |
| an employee for disclosing information to a government or | 19 |
| law enforcement agency, if the employee has reasonable | 20 |
| cause to believe that the information discloses a violation | 21 |
| of a State or federal law, rule, or regulation or a | 22 |
| violation of an ordinance, resolution, rule, or regulation | 23 |
| of a governmental entity described in the definition of | 24 |
| State in Section 2; or | 25 |
| (9) knowingly retaliates against an employee who has | 26 |
| disclosed information in a court, an administrative |
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| hearing, before a legislative commission or committee, or | 2 |
| in another proceeding and discloses information, if the | 3 |
| employee has reasonable cause to believe that the | 4 |
| information discloses a violation of a State or federal | 5 |
| law, rule, or regulation or a violation of an ordinance, | 6 |
| resolution, rule, or regulation of a governmental entity | 7 |
| 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 | 9 |
| $5,500 and not
more than $11,000, plus 3 times the amount of | 10 |
| damages which the State
sustains because of the act of that | 11 |
| person. A person violating
this subsection (a) shall also be | 12 |
| liable to the State for the costs of a civil
action brought to | 13 |
| recover any such penalty or damages.
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| (b) Knowing and knowingly defined. As used in this Section, | 15 |
| the terms
"knowing" and "knowingly" mean that a person, with | 16 |
| 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 | 19 |
| falsity of the
information; or
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| (3) acts in reckless disregard of the truth or falsity | 21 |
| of the
information, and no proof of specific intent to | 22 |
| defraud is required.
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| (c) Claim defined. As used in this Section, "claim" | 24 |
| includes any
request or demand, whether under a contract or | 25 |
| otherwise, for money or
property which is made to a contractor, | 26 |
| 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 | 2 |
| the State will reimburse such contractor, grantee, or other
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| recipient for any portion of the money or property which is | 4 |
| requested
or demanded. A claim also includes a request or | 5 |
| demand for money damages or injunctive relief on behalf of an | 6 |
| employee who has suffered an adverse employment action taken in | 7 |
| violation of paragraphs (8) or (9) of subsection (a).
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| (d) Exclusion. This Section does not apply to claims, | 9 |
| 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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