Rep. Barbara Flynn Currie
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AMENDMENT TO HOUSE BILL 581
AMENDMENT NO. ______. Amend House Bill 581 by replacing
everything after the enacting clause with the following:
This Act may be cited as the
Social Services Contract Notice Act.
As used in this Act:
"Authorized service provider" means a non-governmental
agency responsible for providing services on behalf of the
State of Illinois under a grant awarded or a contract,
fee-for-service agreement, fixed-rate agreement, or service
agreement entered into by a State agency.
"Direct services" means those services that are provided
directly to Illinois residents by an authorized service
provider through a grant awarded or a contract, fee-for-service
agreement, or fixed-rate agreement entered into by a State
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"Social services" or "services" means direct services that
are provided by a State agency through a grant awarded to or
service agreement or contract with an authorized service
provider and that are designed to ensure the health, safety,
education, or welfare of Illinois residents.
"State agency" means any department, office, commission,
board, or authority within the Executive Department.
Termination of contract.
(a) Any grant agreement, service agreement, or contract
between a State agency and an authorized service provider for
the provision of social services may be terminated by either
party to the agreement, contract, or grant for any or no reason
upon 30 days' prior written notice to the other party. Unless
the Illinois Grant Funds Recovery Act provides otherwise, any
suspension or reduction in the estimated amount of the grant
agreement, service agreement, or contract shall be subject to
30 days' prior written notice to the other party.
(b) A written notice issued by a State agency pursuant to
subsection (a) shall include the date upon which the authorized
service provider must submit its final invoice to the State
agency for payment for services rendered.
(c) Notwithstanding subsections (a) and (b):
(1) the State agency may, upon written notice,
immediately terminate a grant agreement, service
agreement, or contract for social services if the
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authorized service provider has made material
misrepresentations or material omissions explicitly
prohibited under the designated agreement or contract; and
(2) an authorized service provider may, upon written
notice, immediately terminate or suspend a grant,
contract, or agreement if the State agency owes the
provider funds under the grant agreement, service
agreement, or contract that are over 90 days past due.
(d) Nothing in this Section affects the parties' ability to
immediately terminate a grant agreement, service agreement, or
contract for breach of contract.
(e) This Section applies to agreements or contracts
executed on or after the effective date of this Act.
(a) If a State agency that provides social services to
Illinois residents through a grant awarded to or service
agreement or contract with an authorized service provider
intends to suspend, terminate, or reduce the amount of a grant
agreement, service agreement, or contract for a particular
social services program due to the failure of appropriation or
a reduction in the amount of available funds to support the
program, the State agency shall notify the Governor, the
Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, the President of the Senate, and
the Minority Leader of the Senate in writing of its intent to
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suspend, terminate, or reduce the grant agreement, service
agreement, or contract. Such notice shall be provided no less
than 120 days before the State agency suspends, terminates, or
reduces the grant agreement, service agreement, or contract and
must include the level of appropriations required to prevent
any suspension, termination, or reduction.
(b) This Section applies to agreements and contracts
entered before, on, or after the effective date of this Act.
(c) Failure of a State agency to submit notice to the
General Assembly as required under this Section shall not
prevent termination of a contract or agreement entered into
prior to the effective date of this Act.
The requirements of this Act may not
be waived by agreement.
This Act takes effect upon