Rep. Barbara Flynn Currie

Filed: 4/21/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 581

2    AMENDMENT NO. ______. Amend House Bill 581, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Social Services Contract Notice Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Authorized service provider" means a non-governmental
9agency responsible for providing services on behalf of the
10State of Illinois under a grant awarded or a contract,
11fee-for-service agreement, fixed-rate agreement, or service
12agreement entered into by a State agency.
13    "Direct services" means those services that are provided
14directly to Illinois residents by an authorized service
15provider through a grant awarded or a contract, fee-for-service
16agreement, or fixed-rate agreement entered into by a State

 

 

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1agency.
2    "Social services" or "services" means direct services that
3are provided by a State agency through a grant awarded to or
4service agreement or contract with an authorized service
5provider and that are designed to ensure the health, safety,
6education, or welfare of Illinois residents.
7    "State agency" means any department, office, commission,
8board, or authority within the Executive Department.
 
9    Section 10. Termination of contract.
10    (a) Any grant agreement, service agreement, or contract
11between a State agency and an authorized service provider for
12the provision of social services may be terminated by either
13party to the agreement, contract, or grant for any or no reason
14upon 30 days' prior written notice to the other party. Unless
15the Illinois Grant Funds Recovery Act provides otherwise, any
16suspension or reduction in the estimated amount of the grant
17agreement, service agreement, or contract shall be subject to
1830 days' prior written notice to the other party.
19    (b) A written notice issued by a State agency pursuant to
20subsection (a) shall include the date upon which the authorized
21service provider must submit its final invoice to the State
22agency for payment for services rendered.
23    (c) Notwithstanding subsections (a) and (b), the State
24agency may, upon written notice, immediately terminate a grant
25agreement, service agreement, or contract for social services

 

 

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1if the authorized service provider has made material
2misrepresentations or material omissions explicitly prohibited
3under the designated agreement or contract.
4    (d) Nothing in this Section affects the parties' ability to
5immediately terminate a grant agreement, service agreement, or
6contract for breach of contract.
7    (e) This Section applies to agreements or contracts
8executed on or after the effective date of this Act.
 
9    Section 15. Notice.
10    (a) If a State agency that provides social services to
11Illinois residents through a grant awarded to or service
12agreement or contract with an authorized service provider
13intends to suspend, terminate, or reduce the amount of a grant
14agreement, service agreement, or contract for a particular
15social services program due to the failure of appropriation or
16a reduction in the amount of available funds to support the
17program, the State agency shall notify the Governor, the
18Speaker of the House of Representatives, the Minority Leader of
19the House of Representatives, the President of the Senate, and
20the Minority Leader of the Senate in writing of its intent to
21suspend, terminate, or reduce the grant agreement, service
22agreement, or contract. Such notice shall be provided no less
23than 120 days before the State agency suspends, terminates, or
24reduces the grant agreement, service agreement, or contract and
25must include the level of appropriations required to prevent

 

 

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1any suspension, termination, or reduction.
2    (b) This Section applies to agreements and contracts
3entered before, on, or after the effective date of this Act.
4    (c) Failure of a State agency to submit notice to the
5General Assembly as required under this Section shall not
6prevent termination of a contract or agreement entered into
7prior to the effective date of this Act.
 
8    Section 20. Waiver. The requirements of this Act may not
9be waived by agreement.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".