Full Text of HB1328 97th General Assembly
HB1328 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1328 Introduced 2/9/2011, by Rep. Lisa M. Dugan SYNOPSIS AS INTRODUCED: |
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Creates the Vendor Rights Act. Provides that a State agency may not alter certain terms of a contract, grant, or purchase of care agreement upon less than 90 days' written notice to the vendor. Provides that a State agency or vendor may terminate a contract, grant, or purchase of care agreement upon not less than 90 days' written notice. Provides that a State agency and a vendor may modify or amend a contract, grant, or purchase of care agreement by mutual consent. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB1328 | | LRB097 07092 PJG 47190 b |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Vendor | 5 | | Rights Act. | 6 | | Section 5. Alteration. A State agency may not alter the | 7 | | following terms of a contract, grant, or purchase of care | 8 | | agreement upon less than 90 days' written notice to the vendor: | 9 | | (1) The amount. | 10 | | (2) The rate paid per unit of service. | 11 | | (3) The number of people who may be served. | 12 | | (4) The rules governing who is eligible to receive | 13 | | services. | 14 | | (5) The scope of reimbursable services. | 15 | | (6) The funding mechanism. | 16 | | (7) The reporting requirements. | 17 | | Notwithstanding any other provision of law, if the State agency | 18 | | gives written notice of intent to alter, the terms of a | 19 | | contract, grant, or purchase of care agreement shall remain in | 20 | | full force and effect until at least 90 days after the State | 21 | | agency gives written notice or until the contract, grant, or | 22 | | purchase of care agreement ends according to its terms, | 23 | | whichever is sooner. |
| | | HB1328 | - 2 - | LRB097 07092 PJG 47190 b |
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| 1 | | Section 10. Subsequent fiscal year appropriations. | 2 | | Notwithstanding any other provision of law, if, at the end of a | 3 | | fiscal year, no appropriations for the subsequent fiscal year | 4 | | have been enacted, and a State agency requests that a vendor | 5 | | continue to provide services, the provision of those services | 6 | | shall be in accordance with the terms of the contract, grant, | 7 | | or purchase of care agreement that is in effect at the end of | 8 | | the fiscal year until the State agency enters into a new | 9 | | contract, grant, or purchase of care agreement with the vendor. | 10 | | Section 15. Unilateral termination. A State agency or a | 11 | | vendor may terminate a contract, grant, or purchase of care | 12 | | agreement at any time, for any reason, upon not less than 90 | 13 | | days' written notice to the other party. | 14 | | Section 20. Material breach; insufficient federal funds. | 15 | | Notwithstanding Section 15, a State agency may terminate a | 16 | | contract, grant, or purchase of care agreement prior to 90 days | 17 | | after giving notice to the vendor if: | 18 | | (1) The vendor substantially or materially breaches | 19 | | the contract, grant, or purchase of care agreement; or | 20 | | (2) The contract, grant, or purchase of care agreement | 21 | | is supported by a federal funds source that fails to | 22 | | appropriate or otherwise make available sufficient funds. |
| | | HB1328 | - 3 - | LRB097 07092 PJG 47190 b |
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| 1 | | Section 25. Modification by mutual consent. | 2 | | Notwithstanding any other provision of this Act, a State agency | 3 | | and a vendor may modify or amend a contract, grant, or purchase | 4 | | of care agreement at any time during its term by mutual | 5 | | consent, expressed in writing and signed by the parties.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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