Rep. Barbara Flynn Currie
Filed: 4/14/2016
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 581
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 581 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Social 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. |
| |||||||
| |||||||
1 | "Social services" or "services" means direct services that | ||||||
2 | are provided by a State agency through a grant awarded to or | ||||||
3 | service agreement or contract with an authorized service | ||||||
4 | provider and that are designed to ensure the health, safety, | ||||||
5 | education, or welfare of Illinois residents. | ||||||
6 | "State agency" means any department, office, commission, | ||||||
7 | board, or authority within the Executive Department. | ||||||
8 | Section 10. Termination of contract. | ||||||
9 | (a) Any grant agreement, service agreement, or contract | ||||||
10 | between a State agency and an authorized service provider for | ||||||
11 | the provision of social services may be terminated by either | ||||||
12 | party to the agreement, contract, or grant for any or no reason | ||||||
13 | upon 30 days' prior written notice to the other party. Unless | ||||||
14 | the Illinois Grant Funds Recovery Act provides otherwise, any | ||||||
15 | suspension or reduction in the estimated amount of the grant | ||||||
16 | agreement, service agreement, or contract shall be subject to | ||||||
17 | 30 days' prior written notice to the other party. | ||||||
18 | (b) A written notice issued by a State agency pursuant to | ||||||
19 | subsection (a) shall include the date upon which the authorized | ||||||
20 | service provider must submit its final invoice to the State | ||||||
21 | agency for payment for services rendered. | ||||||
22 | (c) Notwithstanding subsections (a) and (b): | ||||||
23 | (1) the State agency may, upon written notice, | ||||||
24 | immediately terminate a grant agreement, service | ||||||
25 | agreement, or contract for social services if the |
| |||||||
| |||||||
1 | authorized service provider has made material | ||||||
2 | misrepresentations or material omissions explicitly | ||||||
3 | prohibited under the designated agreement or contract; and | ||||||
4 | (2) an authorized service provider may, upon written | ||||||
5 | notice, immediately terminate or suspend a grant, | ||||||
6 | contract, or agreement if the State agency owes the | ||||||
7 | provider funds under the grant agreement, service | ||||||
8 | agreement, or contract that are over 90 days past due. | ||||||
9 | (d) Nothing in this Section affects the parties' ability to | ||||||
10 | immediately terminate a grant agreement, service agreement, or | ||||||
11 | contract for breach of contract. | ||||||
12 | (e) This Section applies to agreements or contracts | ||||||
13 | executed on or after the effective date of this Act. | ||||||
14 | Section 15. Notice. | ||||||
15 | (a) If a State agency that provides social services to | ||||||
16 | Illinois residents through a grant awarded to or service | ||||||
17 | agreement or contract with an authorized service provider | ||||||
18 | intends to suspend, terminate, or reduce the amount of a grant | ||||||
19 | agreement, service agreement, or contract for a particular | ||||||
20 | social services program due to the failure of appropriation or | ||||||
21 | a reduction in the amount of available funds to support the | ||||||
22 | program, the State agency shall notify the Governor, the | ||||||
23 | Speaker of the House of Representatives, the Minority Leader of | ||||||
24 | the House of Representatives, the President of the Senate, and | ||||||
25 | the Minority Leader of the Senate in writing of its intent to |
| |||||||
| |||||||
1 | suspend, terminate, or reduce the grant agreement, service | ||||||
2 | agreement, or contract. Such notice shall be provided no less | ||||||
3 | than 120 days before the State agency suspends, terminates, or | ||||||
4 | reduces the grant agreement, service agreement, or contract and | ||||||
5 | must include the level of appropriations required to prevent | ||||||
6 | any suspension, termination, or reduction. | ||||||
7 | (b) This Section applies to agreements and contracts | ||||||
8 | entered before, on, or after the effective date of this Act. | ||||||
9 | (c) Failure of a State agency to submit notice to the | ||||||
10 | General Assembly as required under this Section shall not | ||||||
11 | prevent termination of a contract or agreement entered into | ||||||
12 | prior to the effective date of this Act. | ||||||
13 | Section 20. Waiver. The requirements of this Act may not | ||||||
14 | be waived by agreement.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|