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| Public Act 100-0452 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois False Claims Act is amended by | ||||
changing Section 3 as follows:
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(740 ILCS 175/3) (from Ch. 127, par. 4103)
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Sec. 3. False claims.
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(a) Liability for certain acts. | ||||
(1) In general, any person who:
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(A) knowingly presents, or causes to be presented, | ||||
a false or fraudulent claim
for payment or approval;
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(B) knowingly makes, uses, or causes to be made or | ||||
used, a false record
or statement material to a false | ||||
or fraudulent claim;
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(C) conspires to commit a violation of | ||||
subparagraph (A), (B), (D), (E), (F), or (G);
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(D) has possession, custody, or control of | ||||
property or money used, or to
be used, by the State and | ||||
knowingly delivers, or causes to be delivered, less | ||||
than all the money or property;
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(E) is authorized to make or deliver a document | ||||
certifying receipt of
property used, or to be used, by | ||||
the State and, intending to defraud the
State, makes or | ||||
delivers the receipt without completely knowing that | ||
the
information on the receipt is true;
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(F) knowingly buys, or receives as a pledge of an | ||
obligation or debt,
public property from an officer or | ||
employee of the State, or a member of
the Guard, who | ||
lawfully may not sell or pledge property; or
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(G) knowingly makes, uses, or causes to be made or | ||
used, a false record
or statement material to an | ||
obligation to pay or transmit
money or property to the | ||
State, or knowingly conceals or knowingly and | ||
improperly avoids or decreases an obligation to pay or | ||
transmit money or property to the State,
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is liable to the State for a civil penalty of not less than | ||
the minimum amount and not more than the maximum amount | ||
allowed for a civil penalty for a violation of the federal | ||
False Claims Act (31 U.S.C. 3729 et seq.) as adjusted by | ||
the Federal Civil Penalties Inflation Adjustment Act of | ||
1990 (28 U.S.C. 2461) $5,500 and not
more than $11,000, | ||
plus 3 times the amount of damages which the State
sustains | ||
because of the act of that person. Notwithstanding any | ||
other provision, a person is liable to the State for a | ||
civil penalty of not less than $5,500 and not more than | ||
$11,000, plus 3 times the amount of damages which the State | ||
sustains because of the act of that person, when: (i) the | ||
civil action was brought by a private person pursuant to | ||
paragraph (1) of subsection (b) of Section 4; (ii) the | ||
State did not elect to intervene pursuant to paragraph (2) | ||
of subsection (b) of Section 4; (iii) the actual amount of | ||
the tax owed to the State is equal to or less than $50,000, | ||
which does not include interest, penalties, attorney's | ||
fees, costs, or any other amounts owed or paid pursuant to | ||
this Act; and (iv) the violation of this Act relates to or | ||
involves a false claim regarding a tax administered by the | ||
Department of Revenue, excluding claims, records, or | ||
statements made under the Property Tax Code. The penalties | ||
in this Section are intended to be remedial rather than | ||
punitive, and shall not preclude, nor be precluded by, a | ||
criminal prosecution for the same conduct. | ||
(2) A person violating
this subsection shall also be | ||
liable to the State for the costs of a civil
action brought | ||
to recover any such penalty or damages.
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(b) Definitions. For purposes of this Section: | ||
(1) The terms
"knowing" and "knowingly": | ||
(A) mean that a person, with respect to | ||
information:
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(i) has actual knowledge of the information;
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(ii) acts in deliberate ignorance of the truth | ||
or falsity of the
information; or
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(iii) acts in reckless disregard of the truth | ||
or falsity of the
information, and | ||
(B) require no proof of specific intent to defraud.
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(2) The term "claim": | ||
(A) means any
request or demand, whether under a | ||
contract or otherwise, for money or
property and | ||
whether or not the State has title to the money or | ||
property, that | ||
(i) is presented to an officer, employee, or | ||
agent of the State; or | ||
(ii) is made to a contractor, grantee, or other | ||
recipient, if the money or property is to be spent | ||
or used on the State's behalf or to advance a State | ||
program or interest, and if the
State: | ||
(I) provides or has provided any portion | ||
of the money or property requested or
demanded; | ||
or | ||
(II) will reimburse such contractor, | ||
grantee, or other
recipient for any portion of | ||
the money or property which is requested
or | ||
demanded; and | ||
(B) does not include requests or demands for money | ||
or property that the State has paid to an individual as | ||
compensation for State employment or as an income | ||
subsidy with no restrictions on that individual's use | ||
of the money or property.
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(3) The term "obligation" means an established duty, | ||
whether or not fixed, arising from an express or implied | ||
contractual, grantor-grantee, or licensor-licensee | ||
relationship, from a fee-based or similar relationship, | ||
from statute or regulation, or from the retention of any | ||
overpayment. | ||
(4) The term "material" means having a natural tendency | ||
to influence, or be capable of influencing, the payment or | ||
receipt of money or property. | ||
(c) Exclusion. This Section does not apply to claims, | ||
records, or
statements made under the Illinois Income Tax Act.
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(Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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