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