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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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