Illinois General Assembly - Full Text of HB0581
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Full Text of HB0581  99th General Assembly

HB0581enr 99TH GENERAL ASSEMBLY



 


 
HB0581 EnrolledLRB099 04419 JLK 24447 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Social
5Services Contract Notice Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Authorized service provider" means a non-governmental
8agency responsible for providing services on behalf of the
9State of Illinois under a grant awarded or a contract,
10fee-for-service agreement, fixed-rate agreement, or service
11agreement entered into by a State agency.
12    "Direct services" means those services that are provided
13directly to Illinois residents by an authorized service
14provider through a grant awarded or a contract, fee-for-service
15agreement, or fixed-rate agreement entered into by a State
16agency.
17    "Social services" or "services" means direct services that
18are provided by a State agency through a grant awarded to or
19service agreement or contract with an authorized service
20provider and that are designed to ensure the health, safety,
21education, or welfare of Illinois residents.
22    "State agency" means any department, office, commission,
23board, 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
3between a State agency and an authorized service provider for
4the provision of social services may be terminated by either
5party to the agreement, contract, or grant for any or no reason
6upon 30 days' prior written notice to the other party. Unless
7the Illinois Grant Funds Recovery Act provides otherwise, any
8suspension or reduction in the estimated amount of the grant
9agreement, service agreement, or contract shall be subject to
1030 days' prior written notice to the other party.
11    (b) A written notice issued by a State agency pursuant to
12subsection (a) shall include the date upon which the authorized
13service provider must submit its final invoice to the State
14agency for payment for services rendered.
15    (c) Notwithstanding subsections (a) and (b), the State
16agency may, upon written notice, immediately terminate a grant
17agreement, service agreement, or contract for social services
18if the authorized service provider has made material
19misrepresentations or material omissions explicitly prohibited
20under the designated agreement or contract.
21    (d) Nothing in this Section affects the parties' ability to
22immediately terminate a grant agreement, service agreement, or
23contract for breach of contract.
24    (e) This Section applies to agreements or contracts
25executed 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
3Illinois residents through a grant awarded to or service
4agreement or contract with an authorized service provider
5intends to suspend, terminate, or reduce the amount of a grant
6agreement, service agreement, or contract for a particular
7social services program due to the failure of appropriation or
8a reduction in the amount of available funds to support the
9program, the State agency shall notify the Governor, the
10Speaker of the House of Representatives, the Minority Leader of
11the House of Representatives, the President of the Senate, and
12the Minority Leader of the Senate in writing of its intent to
13suspend, terminate, or reduce the grant agreement, service
14agreement, or contract. Such notice shall be provided no less
15than 120 days before the State agency suspends, terminates, or
16reduces the grant agreement, service agreement, or contract and
17must include the level of appropriations required to prevent
18any suspension, termination, or reduction.
19    (b) This Section applies to agreements and contracts
20entered before, on, or after the effective date of this Act.
21    (c) Failure of a State agency to submit notice to the
22General Assembly as required under this Section shall not
23prevent termination of a contract or agreement entered into
24prior to the effective date of this Act.
 

 

 

HB0581 Enrolled- 4 -LRB099 04419 JLK 24447 b

1    Section 20. Waiver. The requirements of this Act may not
2be waived by agreement.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.