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| | HB0581 Enrolled | | LRB099 04419 JLK 24447 b |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Social |
5 | | Services Contract Notice Act. |
6 | | Section 5. Definitions. As used in this Act: |
7 | | "Authorized service provider" means a non-governmental |
8 | | agency responsible for providing services on behalf of the |
9 | | State of Illinois under a grant awarded or a contract, |
10 | | fee-for-service agreement, fixed-rate agreement, or service |
11 | | agreement entered into by a State agency. |
12 | | "Direct services" means those services that are provided |
13 | | directly to Illinois residents by an authorized service |
14 | | provider through a grant awarded or a contract, fee-for-service |
15 | | agreement, or fixed-rate agreement entered into by a State |
16 | | agency. |
17 | | "Social services" or "services" means direct services that |
18 | | are provided by a State agency through a grant awarded to or |
19 | | service agreement or contract with an authorized service |
20 | | provider and that are designed to ensure the health, safety, |
21 | | education, or welfare of Illinois residents. |
22 | | "State agency" means any department, office, commission, |
23 | | board, or authority within the Executive Department. |
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| | HB0581 Enrolled | - 2 - | LRB099 04419 JLK 24447 b |
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1 | | Section 10. Termination of contract. |
2 | | (a) Any grant agreement, service agreement, or contract |
3 | | between a State agency and an authorized service provider for |
4 | | the provision of social services may be terminated by either |
5 | | party to the agreement, contract, or grant for any or no reason |
6 | | upon 30 days' prior written notice to the other party. Unless |
7 | | the Illinois Grant Funds Recovery Act provides otherwise, any |
8 | | suspension or reduction in the estimated amount of the grant |
9 | | agreement, service agreement, or contract shall be subject to |
10 | | 30 days' prior written notice to the other party. |
11 | | (b) A written notice issued by a State agency pursuant to |
12 | | subsection (a) shall include the date upon which the authorized |
13 | | service provider must submit its final invoice to the State |
14 | | agency for payment for services rendered. |
15 | | (c) Notwithstanding subsections (a) and (b), the State |
16 | | agency may, upon written notice, immediately terminate a grant |
17 | | agreement, service agreement, or contract for social services |
18 | | if the authorized service provider has made material |
19 | | misrepresentations or material omissions explicitly prohibited |
20 | | under the designated agreement or contract. |
21 | | (d) Nothing in this Section affects the parties' ability to |
22 | | immediately terminate a grant agreement, service agreement, or |
23 | | contract for breach of contract. |
24 | | (e) This Section applies to agreements or contracts |
25 | | executed on or after the effective date of this Act. |
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| | HB0581 Enrolled | - 3 - | LRB099 04419 JLK 24447 b |
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1 | | Section 15. Notice. |
2 | | (a) If a State agency that provides social services to |
3 | | Illinois residents through a grant awarded to or service |
4 | | agreement or contract with an authorized service provider |
5 | | intends to suspend, terminate, or reduce the amount of a grant |
6 | | agreement, service agreement, or contract for a particular |
7 | | social services program due to the failure of appropriation or |
8 | | a reduction in the amount of available funds to support the |
9 | | program, the State agency shall notify the Governor, the |
10 | | Speaker of the House of Representatives, the Minority Leader of |
11 | | the House of Representatives, the President of the Senate, and |
12 | | the Minority Leader of the Senate in writing of its intent to |
13 | | suspend, terminate, or reduce the grant agreement, service |
14 | | agreement, or contract. Such notice shall be provided no less |
15 | | than 120 days before the State agency suspends, terminates, or |
16 | | reduces the grant agreement, service agreement, or contract and |
17 | | must include the level of appropriations required to prevent |
18 | | any suspension, termination, or reduction. |
19 | | (b) This Section applies to agreements and contracts |
20 | | entered before, on, or after the effective date of this Act. |
21 | | (c) Failure of a State agency to submit notice to the |
22 | | General Assembly as required under this Section shall not |
23 | | prevent termination of a contract or agreement entered into |
24 | | prior to the effective date of this Act. |