HB 5049

Abstract

Amends the Attorney General Act. Transfers provisions concerning the Medicaid Fraud Control Unit from the Illinois State Police to the Office of the Attorney General. Provides for the transfer of employees, records, unexpended funds, and other matters. Amends the Illinois Act on the Aging and the Illinois Public Aid Code to make conforming changes. House Floor Amendment No. 1 Adds reference to: 740 ILCS 175/2 from Ch. 127, par. 4102 740 ILCS 175/4 from Ch. 127, par. 4104 740 ILCS 175/6 from Ch. 127, par. 4106 740 ILCS 175/8 from Ch. 127, par. 4108 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Further amends the Attorney General Act. Provides that the Medicaid Fraud Control Unit shall be transferred from the Illinois State Police to the Office of the Attorney General on October 1, 2023 (rather than on the effective date of the amendatory Act). Removes provisions providing that Illinois State Police personnel engaged in the performance of functions related to the Medicaid Fraud Control Unit shall continue their service within the Office of the Attorney General notwithstanding any qualification requirements under the Attorney General Act. Provides that the transfer provisions under the amendatory Act do not affect any act completed, ratified, or canceled, or any right occurring or established before October 1, 2023 (rather than before the effective date of the amendatory Act). Provides that the transfer provisions under the amendatory Act do not affect any action or proceeding had or commenced before October 1, 2023 (rather than before the effective date of the amendatory Act) in an administrative, civil, or criminal cause regarding any function transferred under this Section, but any such action or proceeding may be continued by the Office of the Attorney General. Amends the Illinois False Claims Act. Removes references to the Illinois State Police from the definition of "investigator". Provides that the Attorney General (rather than the Attorney General or the Illinois State Police) shall diligently investigate a civil violation for false claims under the Act. Provides that the Attorney General may issue subpoenas under the Act (rather than the Attorney General may delegate the authority to issue subpoenas under the Act to the Department of State Police). In provisions concerning the State Whistleblower Reward and Protection Fund, provides that for all cases settled on or after October 1, 2023, one-third of the monies shall be paid to the Attorney General Whistleblower Reward and Protection Fund. Provides that 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. Provides that the Attorney General shall direct the State Treasurer to make disbursement of funds. Senate Floor Amendment No. 3 Deletes reference to: 15 ILCS 205/6.7 new 20 ILCS 105/4.04a 305 ILCS 5/8A-7 740 ILCS 175/2 740 ILCS 175/4 740 ILCS 175/6 740 ILCS 175/8 Adds reference to: 5 ILCS 100/5-45.20 15 ILCS 305/30 15 ILCS 305/37 new 625 ILCS 5/3-606.5 new Replaces everything after the enacting clause. Amends the Illinois Administrative Procedure Act and the Secretary of State Act. Changes the repeal date of provisions concerning emergency rulemaking by the Secretary of State from January 1, 2023 to October 1, 2023. Further amends the Secretary of State Act. Requires the Secretary of State to conduct a study, by October 1, 2023, on age-related changes in vision, physical functioning, and the ability to reason and remember, as well as any other diseases and medications that might affect safe driving abilities. Provides that, when conducting the study, the Secretary of State may utilize data or academic studies conducted by other sources, including, but not limited to, other states, the Centers for Disease Control and Prevention, the American Geriatrics Society, and the National Highway Traffic Safety Administration. Provides that upon completion of the study, if the study shows that there is no immediate risk to public safety, the Secretary of State may adopt administrative rules to raise or lower the age requirement for actual demonstrations, provided that the required age shall be no lower than the minimum age required under a specified provision of the Illinois Vehicle Code concerning the re-examination of certain driver's license applicants. Amends the Illinois Vehicle Code. Provides that upon receipt of a request from a retired executive branch constitutional officer, accompanied by the appropriate application and fee, the Secretary of State shall issue to the retired executive branch constitutional officer plates bearing appropriate wording or abbreviations indicating that the holder is a retired executive branch constitutional officer and the office held. Provides that the plates may be issued for a 2-year period beginning on January 1 of each odd-numbered year and ending on December 31 of the subsequent even-numbered year. Provides that upon the death of a retired executive branch constitutional officer who has been issued a retired executive branch constitutional officer plate, the retired executive branch constitutional officer's surviving spouse shall be entitled to retain the plate so long as the surviving spouse is a resident of Illinois and transfers the registration to his or her name within 90 days of the death of the retired executive branch constitutional officer. Defines "retired executive branch constitutional officer" as any individual who has served at least one full term of office as (i) Governor; (ii) Lieutenant Governor; (iii) Attorney General; (iv) Secretary of State; (v) Comptroller; or (vi) Treasurer; and who was not removed from office by impeachment. Effective immediately.