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