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Rep. Barbara Flynn Currie
Filed: 4/14/2016
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1 | | AMENDMENT TO HOUSE BILL 581
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2 | | AMENDMENT NO. ______. Amend House Bill 581 by replacing |
3 | | everything after the enacting clause with the following:
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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. |
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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 |
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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 |
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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.
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15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.".
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