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| Public Act 103-0145
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| HB2188 Enrolled | LRB103 28952 KTG 55338 b |
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AN ACT concerning the fraud.
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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 Act on the Aging is amended by |
changing Section 4.04a as follows:
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(20 ILCS 105/4.04a)
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Sec. 4.04a. Illinois Long-Term Care Council.
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(a) Purpose. The purpose of this Section is to ensure that |
consumers over
the age of 60
residing in facilities licensed |
or regulated under the Nursing Home Care Act,
Skilled Nursing |
and Intermediate Care Facilities Code, Sheltered Care
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Facilities Code, and the Illinois Veterans' Homes Code receive |
high
quality long-term care through an effective
Illinois |
Long-Term Care Council.
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(b) Maintenance and operation of the Illinois Long-Term |
Care Council.
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(1) The Department shall develop a fair and impartial |
process for
recruiting and
receiving nominations for |
members for
the Illinois
Long-Term Care Council from the |
State Long-Term Care Ombudsman, the area
agencies on |
aging, regional ombudsman
programs, provider agencies, and |
other public agencies, using a nomination form
provided by |
the Department.
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(2) The Department shall appoint members to the
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Illinois Long-Term Care Council in a timely manner.
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(3) The Department shall consider and act in good |
faith regarding
the Illinois Long-Term Care Council's |
annual report and its recommendations.
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(4) The Director shall appoint to
the Illinois |
Long-Term Care Council at least 18 but not more than 25 |
members.
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(c) Responsibilities of the State Long-Term Care |
Ombudsman, area agencies on
aging, regional long-term care
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ombudsman
programs, and provider agencies. The State Long-Term |
Care Ombudsman and each
area agency on aging, regional |
long-term
care
ombudsman program, and provider agency shall |
solicit names and
recommend members to the Department for |
appointment to the Illinois Long-Term
Care Council.
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(d) Powers and duties. The Illinois Long-Term Care Council |
shall do the
following:
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(1) Make recommendations and comment on issues |
pertaining to long-term
care and the State Long-Term Care |
Ombudsman Program to the
Department.
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(2) Advise the Department on matters pertaining to the |
quality of life and
quality of care in the continuum of |
long-term care.
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(3) Evaluate, comment on reports regarding, and make |
recommendations on,
the
quality of life and quality of |
care in long-term care facilities and on the
duties and
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responsibilities of the State Long-Term Care Ombudsman |
Program.
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(4) Prepare and circulate an annual report to the |
Governor, the General
Assembly,
and other interested |
parties concerning the duties and accomplishments of the
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Illinois Long-Term Care Council and all other related |
matters pertaining to
long-term care
and the
protection of |
residents' rights.
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(5) Provide an opportunity for public input at each |
scheduled meeting.
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(6) Make recommendations to the Director, upon his or |
her request, as to
individuals who are capable of serving |
as the State Long-Term Care Ombudsman
and who should make |
appropriate application for that position should it become
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vacant.
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(e) Composition and operation. The Illinois Long-Term Care |
Council shall
be composed of at least 18 but not more than 25 |
members concerned about the
quality of life in long-term care |
facilities and protecting the rights of
residents,
including |
members from long-term care facilities.
The State Long-Term |
Care Ombudsman shall be a permanent member of the
Long-Term |
Care Council.
Members
shall be appointed for a 4-year term |
with initial appointments staggered with
2-year, 3-year, and |
4-year terms. A lottery will determine the terms of office
for |
the
members of the first term. Members may be reappointed to a |
term but no
member may be reappointed to more than 2 |
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consecutive terms. The Illinois
Long-Term Care Council shall |
meet a minimum of 3 times per calendar year.
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(f) Member requirements. All members shall be individuals |
who have
demonstrated concern about the quality of life in |
long-term care facilities. A
minimum of 3 members must be |
current or former residents of long-term care
facilities or |
the family member of a current or former resident of a |
long-term
care
facility. A minimum of 2 members shall |
represent current or former long-term
care
facility resident |
councils or family councils. A minimum of 4 members shall be
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selected from recommendations by organizations whose members |
consist of
long-term care facilities.
A representative of |
long-term care
facility employees must also be included as a |
member.
A minimum of 2 members shall be selected from |
recommendations of
membership-based senior advocacy groups or |
consumer organizations that engage
solely in
legal |
representation on behalf of residents and immediate families.
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There shall be
non-voting State agency members on the |
Long-Term Care Council from the
following agencies: (i) the
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Department of Veterans' Affairs; (ii) the Department of Human |
Services; (iii)
the
Department of Public Health; (iv) the |
Department on Aging; (v) the Department
of
Healthcare and |
Family Services; (vi) the Office of the Attorney General |
Illinois State Police Medicaid Fraud Control Unit; and
(vii)
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others as appropriate.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 10. The Illinois Public Aid Code is amended by |
changing Sections 8A-7 and 12-4.41 as follows:
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(305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
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Sec. 8A-7. Civil Remedies. (a) A person who receives |
financial aid by
means of a false statement, willful |
misrepresentation or by his failure
to notify the county |
department or local governmental unit, as the case
may be, of a |
change in his status as required by Sections 11-18 and 11-19,
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for the purpose of preventing the denial, cancellation or |
suspension of
his grant, or a variation in the amount thereof, |
or by other fraudulent
device, or a person who knowingly aids |
or abets any person in obtaining
financial aid for which he is |
not eligible, shall be answerable to the county
department or |
the local governmental unit, as the case may be, for refunding
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the entire amount of aid received. If the refund is not made, |
it shall be
recoverable in a civil action from the person who |
received the aid, or from
anyone who willfully aided such |
person to obtain the aid. If an act which
would be unlawful |
under Section 8A-2 is proven, the court may as a penalty
assess |
an additional sum of money, not to exceed the entire amount of |
aid
provided, against the recipient or against any person who |
willfully aided
the recipient. If assessed, the penalty shall |
be included in any judgment
entered for the aid received, and |
paid to the county department or the
local governmental unit, |
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as the case may be. Upon entry of the judgment a
lien shall |
attach to all property and assets of such person until the
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judgment is satisfied.
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(b) Any person, firm, corporation, association, agency, |
institution or
other legal entity, other than an individual |
recipient, that willfully,
by means of a false statement or |
representation, or by concealment of any
material fact or by |
other fraudulent scheme or device on behalf of himself
or |
others, obtains or attempts to obtain benefits or payments |
under this
Code to which he or it is not entitled, or in a |
greater amount than that
to which he or it is entitled, shall |
be liable for repayment of any excess
benefits or payments |
received and, in addition to any other penalties provided
by |
law, civil penalties consisting of (1) the interest on the |
amount of
excess benefits or payments at the maximum legal |
rate in effect on the date
the payment was made to such person, |
firm, corporation, association, agency,
institution or other |
legal entity for the period from the date upon which
payment |
was made to the date upon which repayment is made to the State,
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(2) an amount not to exceed 3 times the amount of such excess |
benefits or
payments, and (3) the sum of $2,000 for each |
excessive claim for benefits
or payments. Upon entry of a |
judgment for repayment of any excess benefits
or payments, or |
for any civil penalties assessed by the court, a lien shall
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attach to all property and assets of such person, firm, |
corporation,
association, agency, institution or other legal |
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entity until the judgment is satisfied.
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(c) Civil recoveries provided for in this Section may be |
recoverable in
court proceedings initiated by the Attorney |
General or, in actions
involving a local governmental unit, by |
the State's Attorney.
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(d) Any person who commits the offense of vendor fraud or |
recipient
fraud as defined in Section 8A-2 and Section 8A-3 of |
this Article shall
forfeit, according to the provisions
of |
this subsection, any monies, profits or proceeds, and any |
interest or
property which the sentencing court determines he |
has acquired or maintained,
directly or indirectly, in whole |
or in part as a result of such offense.
Such person shall also |
forfeit any interest in, securities of, claim against,
or |
contractual right of any kind which affords him a source of |
influence
over, any enterprise which he has established, |
operated, controlled, conducted,
or participated in |
conducting, where his relationship to or connection with
any |
such thing or activity directly or indirectly, in whole or in |
part,
is traceable to any thing or benefit which he has |
obtained or acquired through
vendor fraud or recipient fraud.
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Proceedings instituted pursuant to this subsection shall |
be subject to
and conducted in accordance with the following |
procedures:
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(1) The sentencing court shall, upon petition by the |
Attorney General
or State's Attorney at any time following |
sentencing, conduct a hearing
to determine whether any |
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property or property interest is subject to forfeiture
under |
this subsection. At the forfeiture hearing the People shall |
have
the burden of establishing, by a preponderance of the |
evidence, that the
property or property interests are subject |
to such forfeiture.
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(2) In any action brought by the People of the State of |
Illinois under
this Section, in which any restraining order, |
injunction or prohibition or
any other action in connection |
with any property or interest subject to
forfeiture under this |
subsection is sought, the circuit court presiding
over the |
trial of the person charged with recipient fraud or
vendor |
fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
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first determine whether there is probable cause to believe |
that the person
so charged has committed the offense of |
recipient fraud or
vendor fraud and whether the property or |
interest is subject to forfeiture
under this subsection. To |
make such a determination, prior to
entering any such order, |
the court shall conduct a hearing without a jury,
at which the |
People shall establish that there is (i) probable cause that
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the person so charged has committed the offense of recipient
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fraud or vendor fraud and (ii) probable cause that any |
property or interest
may be subject to forfeiture pursuant to |
this subsection. Such hearing may
be conducted simultaneously |
with a preliminary hearing, if the prosecution
is commenced by |
information or complaint, or by motion of the People at any
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stage in the proceedings. The court may accept a finding of |
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probable cause
at a preliminary hearing following the filing |
of an information charging
the offense of recipient fraud or |
vendor fraud as defined in Sections 8A-2
or 8A-3 or the return |
of an indictment by a grand jury charging the offense
of |
recipient fraud or vendor fraud as defined in Sections 8A-2 or |
8A-3 of
this Article as sufficient evidence of probable cause |
as provided in item
(i) above. Upon such a finding, the circuit |
court shall enter such
restraining order, injunction or |
prohibition, or shall take such other
action in connection |
with any such property or other interest subject to
forfeiture |
under this Act as is necessary to insure that such property is
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not removed from the jurisdiction of the court, concealed, |
destroyed or
otherwise disposed of by the owner of that |
property or interest prior to a
forfeiture hearing under this |
subsection. The Attorney General or State's
Attorney shall |
file a certified copy of such restraining order, injunction
or |
other prohibition with the recorder of deeds or registrar of |
titles of
each county where any such property of the defendant |
may be located. No
such injunction, restraining order or other |
prohibition shall affect the
rights of any bonafide purchaser, |
mortgagee, judgement creditor or other
lien holder arising |
prior to the date of such filing. The court may, at
any time, |
upon verified petition by the defendant, conduct a hearing to
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determine whether all or portions of any such property or |
interest which
the court previously determined to be subject |
to forfeiture
or subject to any restraining order, injunction, |
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or prohibition or other
action, should be released. The court |
may in its discretion release such
property to the defendant |
for good cause shown.
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(3) Upon conviction of a person under this Article, the |
court shall
authorize the Director of the Illinois State |
Police to seize
all property or other interest declared |
forfeited under this subsection upon
such terms and conditions |
as the court shall deem proper.
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(4) The Director of the Illinois State Police is
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authorized to sell all property forfeited and seized pursuant |
to this
subsection, unless such property is
required by law to |
be destroyed or is harmful to the public.
After the deduction |
of all requisite expenses of administration and
sale, the |
court shall order the Director to distribute to the Illinois
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Department an amount from the proceeds of the forfeited |
property, or monies
forfeited or seized, which will satisfy |
any unsatisfied court order of
restitution entered pursuant to |
a conviction under this Article. If the
proceeds are less than |
the amount necessary to satisfy the order of
restitution, the |
Director shall distribute to the Illinois Department the
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entire amount of the remaining proceeds. The Director shall |
distribute any
remaining proceeds of such sale, along with any |
monies forfeited or seized,
in accordance with the following |
schedules:
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(a) 25% shall be distributed to the unit of local |
government whose
officers or employees conducted the |
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investigation into recipient fraud or
vendor fraud and caused |
the arrest or arrests and prosecution leading to
the |
forfeiture. Amounts distributed to units of local government |
shall be
used solely for enforcement matters relating to |
detection, investigation or
prosecution of recipient fraud or |
vendor fraud as defined in Section 8A-2
or 8A-3 of this |
Article. Where the investigation, arrest or arrests leading to
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the prosecution and forfeiture is undertaken solely by the |
Office of the Attorney General Illinois State Police, the |
portion provided hereunder shall be paid
into the Medicaid |
Fraud and Abuse Prevention Fund, which is hereby created
in |
the State treasury. Monies from this fund shall be used by the
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Office of the Attorney General Illinois State Police for the |
furtherance of enforcement matters
relating to detection, |
investigation or prosecution of recipient fraud or
vendor |
fraud. Monies directed to this fund shall be used in addition |
to,
and not as a substitute for, funds annually appropriated |
to the Office of the Attorney General Illinois State Police |
for medicaid fraud enforcement.
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(b) 25% shall be distributed to the county in which the |
prosecution and
petition for forfeiture resulting in the |
forfeiture was instituted,
and deposited in a special fund in |
the county treasury
and appropriated to the State's Attorney |
for use solely in enforcement
matters relating to detection, |
investigation or prosecution of recipient
fraud or vendor |
fraud; however, if the Attorney General brought the
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prosecution resulting in the forfeiture, the portion provided |
hereunder
shall be paid into the Medicaid Fraud and Abuse |
Prevention Fund, to be used
by the Medicaid Fraud Control Unit |
of the Office of the Attorney General Illinois State Police
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for enforcement matters relating to detection, investigation |
or prosecution
of recipient fraud or vendor fraud. Where the |
Attorney General and a
State's Attorney have jointly |
participated in any portion of the
proceedings, 12.5% shall be |
distributed to the county in which the
prosecution resulting |
in the forfeiture was instituted, and used as
specified |
herein, and 12.5% shall be paid into the Medicaid Fraud and |
Abuse
Prevention Fund, and used as specified herein.
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(c) 50% shall be transmitted to the State Treasurer for |
deposit in the
General Revenue Fund.
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(Source: P.A. 102-538, eff. 8-20-21.)
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(305 ILCS 5/12-4.41)
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Sec. 12-4.41. Public Benefits Fraud Protection Task Force. |
(a) Purpose. The purpose of the Public Benefits Fraud |
Protection Task Force is to conduct a thorough review of the |
nature of public assistance fraud in the State of Illinois; to |
ascertain the feasibility of implementing a mechanism to |
determine the pervasiveness and frequency of public assistance |
fraud; to calculate the detriment of public assistance fraud |
to the financial status and socio-economic status of public |
aid recipients specifically and Illinois taxpayers generally; |
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and to determine if more stringent penalties or compassionate |
procedures are necessary. |
(b) Definitions. As used in this Section: |
"Task Force" means the Public Benefits Fraud Protection |
Task Force. |
"Public assistance" or "public aid" includes, without |
limitation, Medicaid, TANF, the Illinois LINK Program, General |
Assistance, Transitional Assistance, the Supplemental |
Nutrition Assistance Program, and the Child Care Assistance |
Program. |
(c) The Public Benefits Fraud Protection Task Force. The |
Public Benefits Fraud Protection Task Force is created. The |
Task Force shall be composed of 17 members appointed as |
follows: |
(1) One member of the Illinois Senate appointed by the |
President of the Senate, who shall be co-chair to the Task |
Force; |
(2)
One member of the Illinois Senate appointed by the |
Senate Minority Leader; |
(3)
One member of the Illinois House of |
Representatives appointed by the Speaker of the House of |
Representatives, who shall be co-chair to the Task Force; |
(4)
One member of the Illinois House of |
Representatives appointed by the House Minority Leader; |
(5)
The following persons, or their designees: the |
Director of Public Health, the Director of Healthcare and |
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Family Services, and the Secretary of Human Services; |
(6)
The Director of the Illinois Department on Aging, |
or his or her designee; |
(7) The Executive Inspector General appointed by the |
Governor, or his or her designee; |
(8)
The Inspector General of the Illinois Department |
of Human Services, or his or her designee; |
(9)
A representative from the Office of the Attorney |
General Illinois State Police Medicaid Fraud Control Unit; |
(10) Three persons, who are not currently employed by |
a State agency, appointed by the Secretary of Human |
Services, one of whom shall be a person with professional |
experience in child care issues, one of whom shall be a |
person with knowledge and experience in legal aid |
services, and one of whom shall be a person with knowledge |
and experience in poverty law; |
(11) The Attorney General, or his or her designee; |
(12) A representative of a union representing front |
line State employees who administer public benefits |
programs; and |
(13) A representative of a statewide business |
association. |
(d) Compensation and qualifications. Members shall serve |
without compensation and shall be adults and residents of |
Illinois. |
(e) Appointments. Appointments shall be made 90 days from |
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the effective date of this amendatory Act of the 96th General |
Assembly. |
(f) Hearings. The Task Force shall solicit comments from |
stakeholders and hold public hearings before filing any report |
required by this Section. At the public hearings, the Task |
Force shall allow interested persons to present their views |
and comments. The Task Force shall submit all reports required |
by this Section to the Governor and the General Assembly. In |
addition to the reports required by this Section, the Task |
Force may provide, at its discretion, interim reports and |
recommendations. The Department of Human Services shall |
provide administrative support to the Task Force. |
(g) Task Force duties. The Task Force shall gather |
information and make recommendations relating to at least the |
following topics in relation to public assistance fraud: |
(1) Reviews of provider billing of public aid claims. |
(2) Reviews of recipient utilization of public aid. |
(3) Protocols for investigating recipient public aid
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fraud. |
(4) Protocols for investigating provider public aid
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fraud. |
(5) Reporting of alleged fraud by private citizens
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through qui tam actions. |
(6) Examination of current fraud prevention measures
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which may hinder legitimate aid claims. |
(7) Coordination between relevant agencies in fraud
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investigation. |
(8) Financial audit of the current costs borne by aid
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recipients and Illinois government through fraud. |
(9) Examination of enhanced penalties for fraudulent
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recipients and providers. |
(10) Enhanced whistleblower protections. |
(11) Voluntary assistance from businesses and |
community groups in efforts to curb fraud. |
(h) Task Force recommendations. Any of the findings, |
recommendations, public postings, and other relevant |
information regarding the Task Force shall be made available |
on the Department of Human Services' website. |
(i) Reporting requirements. The Task Force shall submit |
findings and recommendations to the Governor and the General |
Assembly by December 31, 2011, including any necessary |
implementing legislation, and recommendations for changes to |
policies, rules, or procedures that are not incorporated in |
the implementing legislation. |
(j) Dissolution of Task Force. The Task Force shall be |
dissolved 90 days after its report has been submitted to the |
Governor's Office and the General Assembly.
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(Source: P.A. 96-1346, eff. 1-1-11; 97-333, eff. 8-12-11.)
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Section 15. The Illinois False Claims Act is amended by |
changing Sections 2, 4, 6, and 8 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 |
State
government; the system of State colleges and |
universities, any school district, community college district, |
county, municipality, municipal corporation, unit of local |
government, and any combination of the above under an |
intergovernmental agreement that includes provisions for a |
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 |
investigator for
the purpose of ascertaining whether any |
person 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 |
Attorney General or the Illinois State Police with the duty of |
conducting any investigation under this Act, or
any officer or |
employee of the State acting under the direction and
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supervision of the Attorney General or the Illinois State |
Police, in the course of
an investigation.
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(e) "Documentary material" includes the original or any |
copy of any
book, record, report, memorandum, paper, |
communication, tabulation,
chart, or other document, or data |
compilations stored in or accessible
through computer or other |
information retrieval systems, together with
instructions and |
all other materials necessary to use or interpret such
data |
compilations, and any product of discovery.
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(f) "Custodian" means the custodian, or any deputy |
custodian, designated
by the Attorney General under subsection |
(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, |
interrogatory,
document, thing, result of the inspection |
of land or other property,
examination, or admission, |
which is obtained by any method of discovery in
any |
judicial or administrative proceeding of an adversarial |
nature;
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(2) any digest, analysis, selection, compilation, or |
derivation of any
item listed in paragraph (1); and
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(3) any index or other manner of access to any item |
listed in
paragraph (1).
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(Source: P.A. 102-538, eff. 8-20-21.)
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(740 ILCS 175/4) (from Ch. 127, par. 4104)
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Sec. 4. Civil actions for false claims.
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(a) Responsibilities of the Attorney General and the |
Illinois State Police. The Attorney General or the Illinois |
State Police shall diligently investigate
a civil violation |
under Section 3. If the Attorney General finds that a person |
violated or is violating Section 3, the Attorney General may |
bring a civil action under this Section
against the person.
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The State shall receive an amount for reasonable expenses |
that the court finds to have been necessarily incurred by the |
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Attorney General, including reasonable attorneys' fees and |
costs. All such expenses, fees, and costs shall be awarded |
against the defendant. The court may award amounts from the |
proceeds of an action or settlement that it considers |
appropriate to any governmental entity or program that has |
been adversely affected by a defendant. The Attorney General, |
if necessary, shall direct the State Treasurer to make a |
disbursement of funds as provided in court orders or |
settlement agreements. |
(b) Actions by private persons.
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(1) A person may bring a civil action
for a violation |
of Section 3 for the person and for the State. The action
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shall be brought in the name of the State. The action may |
be dismissed
only if the court and the Attorney General |
give written consent to the
dismissal and their reasons |
for consenting.
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(2) A copy of the complaint and written disclosure of |
substantially all
material evidence and information the |
person possesses shall be served on
the State. The |
complaint shall be filed in camera, shall remain under |
seal
for at least 60 days, and shall not be served on the |
defendant until the
court so orders. The State may elect |
to intervene and proceed with the
action within 60 days |
after it receives both the complaint and the material
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evidence and information.
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(3) The State may, for good cause shown, move the |
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court for extensions
of the time during which the |
complaint remains under seal under paragraph
(2). Any such |
motions may be supported by affidavits or other |
submissions
in camera. The defendant shall not be required |
to respond to any complaint
filed under this Section until |
20 days after the complaint is unsealed and
served upon |
the defendant.
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(4) Before the expiration of the 60-day period or any |
extensions
obtained under paragraph (3), the State shall:
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(A) proceed with the action, in which case the |
action shall be
conducted by the State; or
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(B) notify the court that it declines to take over |
the action, in which
case the person bringing the |
action shall have the right to conduct the action.
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(5) When a person brings an action under this |
subsection (b), no person
other than the State may |
intervene or bring a related action based on the
facts |
underlying the pending action.
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(c) Rights of the parties to Qui Tam actions.
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(1) If the State proceeds
with the action, it shall |
have the primary responsibility for prosecuting
the |
action, and shall not be bound by an act of the person |
bringing the
action. Such person shall have the right to |
continue as a party to the
action, subject to the |
limitations set forth in paragraph (2).
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(2)(A) The State may dismiss the action |
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notwithstanding the objections
of the person initiating |
the action if the person has been notified by the
State of |
the filing of the motion and the court has provided the |
person
with an opportunity for a hearing on the motion.
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(B) The State may settle the action with the defendant |
notwithstanding
the objections of the person initiating |
the action if the court determines,
after a hearing, that |
the proposed settlement is fair, adequate, and reasonable
|
under all the circumstances. Upon a showing of good cause, |
such hearing
may be held in camera.
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(C) Upon a showing by the State that unrestricted |
participation during
the course of the litigation by the |
person initiating the action would
interfere with or |
unduly delay the State's prosecution of the case, or
would |
be repetitious, irrelevant, or for purposes of harassment, |
the court
may, in its discretion, impose limitations on |
the person's participation,
such as:
|
(i) limiting the number of witnesses the person |
may call:
|
(ii) limiting the length of the testimony of such |
witnesses;
|
(iii) limiting the person's cross-examination of |
witnesses; or
|
(iv) otherwise limiting the participation by the |
person in the
litigation.
|
(D) Upon a showing by the defendant that unrestricted |
|
participation
during
the course of the litigation by the |
person initiating the action would be
for purposes of |
harassment or would cause the defendant undue burden or
|
unnecessary expense, the court may limit the participation |
by the person in
the litigation.
|
(3) If the State elects not to proceed with the |
action, the person who
initiated the action shall have the |
right to conduct the action. If the
State so requests, it |
shall be served with copies of all pleadings filed in
the |
action and shall be supplied with copies of all deposition |
transcripts
(at the State's expense). When a person |
proceeds with the action, the
court, without limiting the |
status and rights of the person initiating the
action, may |
nevertheless permit the State to intervene at a later date |
upon
a showing of good cause.
|
(4) Whether or not the State proceeds with the action, |
upon a showing by
the State that certain actions of |
discovery by the person initiating the
action would |
interfere with the State's investigation or prosecution of |
a
criminal or civil matter arising out of the same facts, |
the court may stay
such discovery for a period of not more |
than 60 days. Such a showing shall
be conducted in camera. |
The court may extend the 60-day period upon a
further |
showing in camera that the State has pursued the criminal |
or civil
investigation or proceedings with reasonable |
diligence and any proposed
discovery in the civil action |
|
will interfere with the ongoing criminal or
civil |
investigation or proceedings.
|
(5) Notwithstanding subsection (b), the State may |
elect to pursue its
claim through any alternate remedy |
available to the State, including any
administrative |
proceeding to determine a civil money penalty. If any such
|
alternate remedy is pursued in another proceeding, the |
person initiating
the action shall have the same rights in |
such proceeding as such person
would have had if the |
action had continued under this Section. Any finding
of |
fact or conclusion of law made in such other proceeding |
that has become
final shall be conclusive on all parties |
to an action under this Section.
For purposes of the |
preceding sentence, a finding or conclusion is final if
it |
has been finally determined on appeal to the appropriate |
court, if all
time for filing such an appeal with respect |
to the finding or conclusion
has expired, or if the |
finding or conclusion is not subject to judicial review.
|
(d) Award to Qui Tam plaintiff.
|
(1) If the State proceeds with an
action brought by a |
person under subsection (b), such person shall, subject
to |
the second sentence of this paragraph, receive at least |
15% but not more
than 25% of the proceeds of the action or |
settlement of the claim,
depending upon the extent to |
which the person substantially contributed to
the |
prosecution of the action. Where the action is one which |
|
the court
finds to be based primarily on disclosures of |
specific information (other
than information provided by |
the person bringing the action) relating to
allegations or |
transactions in a criminal, civil, or administrative
|
hearing, in a legislative, administrative, or Auditor |
General's report,
hearing, audit, or investigation, or |
from the news media, the court may award
such sums as it |
considers appropriate, but in no case more than 10% of the
|
proceeds, taking into account the significance of the |
information and the
role of the person bringing the action |
in advancing the case to litigation.
Any payment to a |
person under the first or second sentence of this
|
paragraph (1) shall be made from the proceeds. Any such |
person shall also
receive an amount for reasonable |
expenses which the court finds to have
been necessarily |
incurred, plus reasonable attorneys' fees and costs.
The |
State shall also receive an amount for reasonable expenses |
which the
court finds to have been necessarily incurred by |
the Attorney General,
including reasonable attorneys' fees |
and costs. All such expenses, fees, and costs shall be |
awarded
against the defendant. The court may award amounts |
from the proceeds of an action or settlement that it |
considers appropriate to any governmental entity or |
program that has been adversely affected by a defendant. |
The Attorney General, if necessary, shall direct the State |
Treasurer to make a disbursement of funds as provided in |
|
court orders or settlement agreements.
|
(2) If the State does not proceed with an action under |
this Section, the
person bringing the action or settling |
the claim shall receive an amount
which the court decides |
is reasonable for collecting the civil penalty and
|
damages. The amount shall be not less than 25% and not more |
than 30% of
the proceeds of the action or settlement and |
shall be paid out of such
proceeds. Such person shall also |
receive an amount for reasonable expenses
which the court |
finds to have been necessarily incurred, plus reasonable
|
attorneys' fees and costs. All such expenses, fees, and |
costs shall be
awarded against the defendant. The court |
may award amounts from the proceeds of an action or |
settlement that it considers appropriate to any |
governmental entity or program that has been adversely |
affected by a defendant. The Attorney General, if |
necessary, shall direct the State Treasurer to make a |
disbursement of funds as provided in court orders or |
settlement agreements.
|
(3) Whether or not the State proceeds with the action, |
if the court finds
that the action was brought by a person |
who planned and initiated the violation
of Section 3 upon |
which the action was brought, then the court may, to the
|
extent the court considers appropriate, reduce the share |
of the proceeds of
the action which the person would |
otherwise receive under paragraph (1) or
(2) of this |
|
subsection (d), taking into account the role of that |
person in
advancing the case to litigation and any |
relevant circumstances pertaining
to the violation. If the |
person bringing the action is convicted of
criminal |
conduct arising from his or her role in the violation of |
Section
3, that person shall be dismissed from the civil |
action and shall not
receive any share of the proceeds of |
the action. Such dismissal shall not
prejudice the right |
of the State to continue the action, represented by the |
Attorney General.
|
(4) If the State does not proceed with the action and |
the person
bringing the action conducts the action, the |
court may award to the
defendant its reasonable attorneys' |
fees and expenses if the defendant
prevails in the action |
and the court finds that the claim of the person
bringing |
the action was clearly frivolous, clearly vexatious, or |
brought
primarily for purposes of harassment.
|
(e) Certain actions barred.
|
(1) No court shall have jurisdiction over an
action |
brought by a former or present member of the Guard under |
subsection
(b) of this Section against a member of the |
Guard arising out of such
person's service in the Guard.
|
(2)(A) No court shall have jurisdiction over an action |
brought under
subsection (b) against a member of the |
General Assembly, a member of the
judiciary, or an exempt |
official if the action is based on evidence or
information |
|
known to the State when the action was brought.
|
(B) For purposes of this paragraph (2), "exempt |
official" means any of
the following officials in State |
service: directors of departments
established under the |
Civil Administrative Code of Illinois, the Adjutant
|
General, the Assistant Adjutant General, the Director of |
the State
Emergency Services and Disaster Agency, members |
of the boards and
commissions, and all other positions |
appointed by the Governor by and with
the consent of the |
Senate.
|
(3) In no event may a person bring an action under |
subsection (b) which
is based upon allegations or |
transactions which are the subject of a civil
suit or an |
administrative civil money penalty proceeding in which the |
State
is already a party.
|
(4)(A) The court shall dismiss an action or claim |
under this Section, unless opposed by the State, if |
substantially the same allegations or transactions as |
alleged in the action or claim were publicly disclosed: |
(i) in a
criminal, civil, or administrative |
hearing in which the State or its agent is a party; |
(ii) in a State legislative, State
Auditor |
General, or other State report, hearing, audit, or
|
investigation; or |
(iii) from the news media, |
unless the action is brought by the
Attorney General or |
|
the person bringing the action is an original source of
|
the information.
|
(B) For purposes of this paragraph (4), "original |
source" means an
individual who either (i) prior to a |
public disclosure under subparagraph (A) of this paragraph |
(4), has voluntarily disclosed to the State the |
information on which allegations or transactions in a |
claim are based, or (ii) has knowledge that is independent |
of and materially adds to the publicly disclosed |
allegations or transactions, and who has voluntarily |
provided the
information to the State before filing an |
action under this Section.
|
(f) State not liable for certain expenses. The State is |
not liable for
expenses which a person incurs in bringing an |
action under this Section.
|
(g) Relief from retaliatory actions. |
(1) In general, any employee, contractor, or agent |
shall be entitled to all relief necessary to make that |
employee, contractor, or agent whole, if that employee, |
contractor, or agent is discharged, demoted, suspended, |
threatened,
harassed, or in any other manner discriminated |
against in the terms and
conditions of employment because |
of lawful acts done
by the employee, contractor, agent, or |
associated others in furtherance of an action under this |
Section or other efforts to stop one or more violations of |
this Act. |
|
(2) Relief under paragraph (1) shall include |
reinstatement with the same seniority status that the |
employee, contractor, or agent
would have had but for the |
discrimination, 2 times the amount of back pay,
interest |
on the back pay, and compensation for any special damages |
sustained
as a result of the discrimination, including |
litigation costs and
reasonable attorneys' fees. An action |
under this subsection (g) may be brought in the
|
appropriate circuit court for the relief provided in this |
subsection (g). |
(3) A civil action under this subsection may not be |
brought more than 3 years after the date when the |
retaliation occurred.
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
(740 ILCS 175/6) (from Ch. 127, par. 4106)
|
Sec. 6. Subpoenas.
|
(a) In general.
|
(1) Issuance and service. Whenever the Attorney
|
General, or a designee (for purposes of this Section), has |
reason to believe that any person may be in possession,
|
custody, or control of any documentary material or |
information relevant to
an investigation, the Attorney |
General, or a designee, may, before commencing a civil
|
proceeding under this Act or making an election under |
paragraph (4) of subsection (b) of Section 4, issue in |
|
writing and cause to be served upon
such person, a |
subpoena requiring such
person:
|
(A) to produce such documentary material for |
inspection and copying,
|
(B) to answer, in writing, written interrogatories |
with respect to such
documentary material or |
information,
|
(C) to give oral testimony concerning such |
documentary material
or information, or
|
(D) to furnish any combination of such material, |
answers, or testimony.
|
The Attorney General may delegate the authority to issue
|
subpoenas under this subsection (a) to the Department of |
State
Police subject to conditions as the Attorney General |
deems appropriate.
Whenever a subpoena is an express |
demand for
any
product of discovery, the Attorney General |
or his or her delegate shall cause to be served,
in any |
manner authorized by this Section, a copy of such demand |
upon the
person from whom the discovery was obtained and |
shall notify the person to
whom such demand is issued of |
the date on which such copy was served. Any information |
obtained by the Attorney General or a designee under this |
Section may be shared with any qui tam relator if the |
Attorney General or designee determines it necessary as |
part of any False Claims Act investigation.
|
(1.5) Where a subpoena requires the production of |
|
documentary material, the respondent shall produce the |
original of the documentary material, provided, however, |
that the Attorney General, or a designee, may agree that |
copies may be substituted for the originals. All |
documentary material kept or stored in electronic form, |
including electronic mail, shall be produced in native |
format, as kept in the normal course of business, or as |
otherwise directed by the Attorney General or designee. |
The production of documentary material shall be made at |
the respondent's expense.
|
(2) Contents and deadlines. Each subpoena
issued under |
paragraph (1):
|
(A) Shall state the nature of the conduct |
constituting an alleged
violation that is under |
investigation and the applicable provision of
law |
alleged to be violated.
|
(B) Shall identify the individual causing the |
subpoena to be
served and to whom communications |
regarding the subpoena should be
directed.
|
(C) Shall state the date, place, and time at which |
the person is
required to appear, produce written |
answers to interrogatories, produce
documentary |
material or give oral testimony. The date shall not be
|
less than 10 days from the date of service of the |
subpoena. Compliance
with the subpoena shall be at the |
Office of the Attorney General in
either the |
|
Springfield or Chicago location or at other location |
by
agreement.
|
(D) If the subpoena is for documentary material or |
interrogatories,
shall
describe the documents or |
information requested with specificity.
|
(E) Shall notify the person of the right to be |
assisted by
counsel.
|
(F) Shall advise that the person has 20 days from |
the date of
service or up until the return date |
specified in the demand, whichever
date is earlier, to |
move, modify, or set aside the subpoena pursuant to
|
subparagraph (j)(2)(A) of this Section.
|
(b) Protected material or information.
|
(1) In general. A subpoena issued
under subsection
(a) |
may not require the production of any documentary |
material, the
submission of any answers to written |
interrogatories, or the giving of any
oral testimony if |
such material, answers, or testimony would be protected
|
from disclosure under:
|
(A) the standards applicable to subpoenas or |
subpoenas duces tecum
issued by a court of this State |
to aid in a grand jury
investigation; or
|
(B) the standards applicable to discovery requests |
under the Code of
Civil Procedure, to the extent that |
the application of such standards to
any such subpoena |
is appropriate and consistent with the
provisions and
|
|
purposes of this Section.
|
(2) Effect on other orders, rules, and laws. Any such |
subpoena which is
an express demand for any product of |
discovery supersedes any inconsistent
order, rule, or |
provision of law (other than this Section) preventing or
|
restraining disclosure of such product of discovery to any |
person.
Disclosure of any product of discovery pursuant to |
any such
subpoena
does not constitute a waiver of any |
right or privilege which the person
making such disclosure |
may be entitled to invoke to resist
discovery of trial |
preparation materials.
|
(c) Service in general. Any
subpoena issued under
|
subsection (a) may be served by any person so authorized by the |
Attorney
General or by any person authorized
to serve process |
on individuals within Illinois, through any method
prescribed |
in the Code of Civil Procedure or as otherwise set forth in |
this
Act.
|
(d) Service upon legal entities and natural persons.
|
(1) Legal entities. Service of any subpoena issued
|
under subsection (a) or of any petition filed under |
subsection (j) may be
made upon a partnership, |
corporation, association, or other legal entity by:
|
(A) delivering an executed copy of such subpoena |
or
petition to any
partner, executive officer, |
managing agent, general agent, or registered
agent of |
the partnership, corporation, association or entity;
|
|
(B) delivering an executed copy of such subpoena |
or
petition to the
principal office or place of |
business of the partnership, corporation,
association, |
or entity; or
|
(C) depositing an executed copy of such subpoena |
or
petition in the
United States mails by registered |
or certified mail, with a return receipt
requested, |
addressed to such partnership, corporation, |
association, or
entity as its principal office or |
place of business.
|
(2) Natural person. Service of any such subpoena or
|
petition may be made
upon any natural person by:
|
(A) delivering an executed copy of such subpoena |
or
petition to the
person; or
|
(B) depositing an executed copy of such subpoena |
or
petition in the
United States mails by registered |
or certified mail, with a return receipt
requested, |
addressed to the person at the person's residence or |
principal
office or place of business.
|
(e) Proof of service. A verified return by the individual |
serving any
subpoena issued under subsection (a) or any
|
petition
filed under subsection (j) setting forth the manner |
of such service shall
be proof of such service. In the case of |
service by registered or certified
mail, such return shall be |
accompanied by the return post office receipt of
delivery of |
such subpoena.
|
|
(f) Documentary material.
|
(1) Sworn certificates. The production of documentary |
material in
response to a subpoena served under this
|
Section shall be
made under a sworn certificate, in such |
form as the subpoena
designates, by:
|
(A) in the case of a natural person, the person to |
whom the subpoena is
directed, or
|
(B) in the case of a person other than a natural |
person, a person
having knowledge of the facts and |
circumstances relating to such
production and |
authorized to act on behalf of such person.
|
The certificate shall state that all of the documentary |
material required
by the demand and in the possession, |
custody, or control of the person to
whom the subpoena is |
directed has been produced and made
available to the
|
Attorney General.
|
(2) Production of materials. Any person upon whom any |
subpoena for the production of documentary material has |
been
served under this Section shall make such material |
available for inspection
and copying to the Attorney |
General at
the place designated in the subpoena, or at |
such other place as the
Attorney General and the person |
thereafter may agree and
prescribe in writing,
or as the |
court may direct under subsection (j)(1). Such material |
shall be
made so available on the return date specified in |
such subpoena,
or on such
later date as the Attorney |
|
General may prescribe in
writing. Such person may,
upon |
written agreement between the person and the Attorney |
General, substitute
copies for originals of all or any |
part of such material.
|
(g) Interrogatories. Each interrogatory in a subpoena
|
served under this Section shall be answered separately and |
fully in writing
under oath and shall be submitted under a |
sworn certificate, in such form
as the subpoena designates by:
|
(1) in the case of a natural person, the person to whom |
the subpoena is
directed, or
|
(2) in the case of a person other than a natural |
person, the person or
persons responsible for answering |
each interrogatory.
|
If any interrogatory is objected to, the reasons for the |
objection shall
be stated in the certificate instead of an |
answer. The certificate shall state
that all information |
required by the subpoena and in the
possession, custody,
|
control, or knowledge of the person to whom the demand is |
directed has been
submitted. To the extent that any |
information is not furnished, the
information shall be |
identified and reasons set forth with particularity
regarding |
the reasons why the information was not furnished.
|
(h) Oral examinations.
|
(1) Procedures. The examination of any person pursuant |
to a subpoena for oral testimony served under this Section |
shall be
taken before an officer authorized to administer |
|
oaths and affirmations by
the laws of this State or of the |
place where the examination is held. The
officer before |
whom the testimony is to be taken shall put the witness on
|
oath or affirmation and shall, personally or by someone |
acting under the
direction of the officer and in the |
officer's presence, record the testimony
of the witness. |
The testimony shall be taken stenographically and shall be
|
transcribed. When the testimony is fully transcribed, the |
officer before
whom the testimony is taken shall promptly |
transmit a certified copy of the
transcript of the |
testimony in accordance with the instructions of the
|
Attorney General. This subsection shall not
preclude the |
taking of testimony by any means authorized by, and in a
|
manner consistent with, the Code of Civil Procedure.
|
(2) Persons present. The investigator conducting the |
examination shall
exclude from the place where the |
examination is held all persons except the
person giving |
the testimony, the attorney for and any other |
representative of
the person giving the testimony, the |
attorney for the State, any person who may
be agreed upon |
by the attorney for the State and the person giving the
|
testimony, the officer before whom the testimony is to be |
taken, and any
stenographer taking such testimony.
|
(3) Where testimony taken. The oral testimony of any |
person taken
pursuant to a subpoena served under this
|
Section shall be
taken in the county within which such |
|
person resides, is found, or transacts
business, or in |
such other place as may be
agreed upon by the
Attorney |
General and such
person.
|
(4) Transcript of testimony. When the testimony is |
fully transcribed,
the Attorney General or the officer |
before whom the
testimony is taken shall
afford the |
witness, who may be accompanied by counsel, a reasonable
|
opportunity to review and correct the transcript, in
|
accordance with the rules applicable to deposition |
witnesses in
civil cases. Upon payment of reasonable |
charges, the Attorney General
shall furnish a copy of the |
transcript to the witness, except that the
Attorney |
General may, for good cause, limit the witness to |
inspection
of the official transcript of the witness' |
testimony.
|
(5) Conduct of oral testimony.
|
(A) Any person compelled to appear for oral |
testimony under a
subpoena issued under subsection (a) |
may be accompanied,
represented, and advised by |
counsel, who may raise objections based on
matters of |
privilege in accordance with the rules applicable to |
depositions in
civil cases. If such person refuses
to |
answer any question, a petition may be filed in |
circuit court under
subsection (j)(1) for an order |
compelling such person to answer such question.
|
(B) If such person refuses any question on the |
|
grounds of the
privilege against self-incrimination, |
the testimony of such person may be
compelled in |
accordance with Article 106 of the Code of Criminal |
Procedure of
1963.
|
(6) Witness fees and allowances. Any person appearing |
for oral
testimony under a subpoena issued under
|
subsection (a)
shall be entitled to the same fees and |
allowances which are paid to
witnesses in the circuit |
court.
|
(i) Custodians of documents, answers, and transcripts.
|
(1) Designation. The Attorney General or his or her |
delegate shall serve as custodian of documentary material, |
answers to
interrogatories, and transcripts of oral |
testimony received under this
Section.
|
(2) Except as otherwise provided in this Section, no
|
documentary
material, answers to interrogatories, or |
transcripts of oral testimony, or
copies thereof, while in |
the possession of the custodian, shall be
available for |
examination by any individual, except as determined |
necessary
by
the Attorney General and subject to the |
conditions imposed by him or her for
effective enforcement |
of the laws of this State, or as otherwise provided by
|
court order.
|
(3) Conditions for return of material. If any |
documentary
material has
been produced by any person in |
the course of any investigation pursuant to
a subpoena |
|
under this Section and:
|
(A) any case or proceeding before the court or |
grand jury arising out of
such investigation, or any |
proceeding before any State agency involving
such |
material, has been completed, or
|
(B) no case or proceeding in which such material |
may be used has been
commenced within a reasonable |
time after completion of the examination and
analysis |
of all documentary material and other information |
assembled in the
course of such investigation,
|
the custodian shall, upon written request of the person |
who produced such
material, return to such person any such |
material which has not passed into the
control of any |
court, grand jury, or agency through introduction into the
|
record of such case or proceeding.
|
(j) Judicial proceedings.
|
(1) Petition for enforcement. Whenever any
person |
fails to comply with any subpoena
issued under
subsection |
(a), or whenever satisfactory copying or reproduction of |
any
material requested in such demand cannot be done and |
such person refuses to
surrender such material, the |
Attorney General may file, in the circuit
court of any |
county in which such person resides, is found, or |
transacts
business, or the circuit court of the county in |
which an action filed
pursuant to Section 4 of this Act is |
pending if the action relates to the
subject matter of the |
|
subpoena and serve upon such person a petition for an
|
order of such court
for the enforcement of the subpoena.
|
(2) Petition to modify or set aside subpoena.
|
(A) Any person who has
received a subpoena issued |
under subsection
(a) may
file, in the circuit court of |
any county within which such person resides,
is found, |
or transacts business, and serve upon the Attorney |
General a petition for an order of the court to modify |
or set aside
such subpoena. In the case of a petition |
addressed to an express
demand for
any product of |
discovery, a petition to modify or set aside such |
demand
may be brought only in the circuit court of the |
county in which the
proceeding in which such discovery |
was obtained is or was last pending. Any
petition |
under this subparagraph (A) must be filed:
|
(i) within 20 days after the date of service |
of the subpoena, or at any time before the return |
date specified in
the subpoena, whichever date is |
earlier, or
|
(ii) within such longer period as may be |
prescribed in writing by
the Attorney General.
|
(B) The petition shall specify each ground upon |
which the petitioner
relies in seeking relief under |
subparagraph (A), and may be based upon any
failure of |
the subpoena to comply with the provisions of this
|
Section or upon
any constitutional or other legal |
|
right or privilege of such person. During
the pendency |
of the petition in the court, the court may stay, as it |
deems
proper, the running of the time allowed for |
compliance with the subpoena, in
whole or in part, |
except that the person filing the petition shall |
comply
with any portion of the subpoena not sought to |
be modified or
set aside.
|
(3) Petition to modify or set aside demand for product |
of
discovery. In the case of any subpoena issued under
|
subsection (a)
which is an express demand for any product |
of discovery, the person from
whom such discovery was |
obtained may file, in the circuit court of the
county in |
which the proceeding in which such discovery was obtained |
is or
was last pending, a petition for an order of such |
court
to modify or set aside those portions of the |
subpoena requiring
production of
any such product of |
discovery, subject to the same terms, conditions, and
|
limitations set forth in subparagraph (j)(2) of this |
Section.
|
(4) Jurisdiction. Whenever any petition is filed in |
any
circuit court
under this subsection (j), such court |
shall have jurisdiction to hear and
determine the matter |
so presented, and to enter such orders as may
be required |
to carry out the provisions of this Section. Any final |
order so
entered shall be subject to appeal in the same |
manner as appeals of other
final orders in civil matters. |
|
Any disobedience of any final order entered
under this |
Section by any court shall be punished as a contempt of the |
court.
|
(k) Disclosure exemption. Any documentary material, |
answers to written
interrogatories, or oral testimony provided |
under any subpoena issued under subsection (a) shall be exempt |
from disclosure under
the Illinois Administrative Procedure |
Act.
|
(Source: P.A. 96-1304, eff. 7-27-10.)
|
(740 ILCS 175/8) (from Ch. 127, par. 4108)
|
Sec. 8. Funds; Grants.
|
(a) There is hereby created the State Whistleblower Reward |
and Protection
Fund to be held outside of the State Treasury |
with the State Treasurer as custodian. All proceeds of an |
action or
settlement of a claim brought under this Act shall be |
deposited in the Fund. Any attorneys' fees, expenses, and |
costs paid by or awarded against any defendant pursuant to |
Section 4 of this Act shall not be considered part of the |
proceeds to be deposited in the Fund.
|
(b) For all cases resolved before October 1, 2023, monies |
Monies in the Fund shall be allocated as
follows: One-sixth of |
the monies shall be paid to the Attorney General Whistleblower |
Reward and Protection Fund, which is hereby created as a |
special fund in the State Treasury, and
one-sixth of the |
monies shall be paid to the State Police Whistleblower Reward |
|
and Protection Fund, which is hereby created as a special fund |
in the State Treasury, for
State law enforcement purposes. The |
remaining two-thirds of the monies in
the Fund shall be used |
for payment of awards to Qui Tam
plaintiffs and as otherwise |
specified in
this Act, with any remainder to the General |
Revenue Fund. The Attorney General shall direct the State |
Treasurer to make
disbursement of funds.
|
(c) For all cases resolved on or after October 1, 2023, |
monies in the Fund shall be allocated as
follows: One-third of |
the monies shall be paid to the Attorney General Whistleblower |
Reward and Protection Fund. The remaining two-thirds of the |
monies in
the Fund shall be used for payment of awards to Qui |
Tam
plaintiffs and as otherwise specified in
this Act, with |
any remainder to the General Revenue Fund. The Attorney |
General shall direct the State Treasurer to make
disbursement |
of funds. |
(Source: P.A. 101-148, eff. 7-26-19.)
|
