Illinois General Assembly - Full Text of HB5064
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Full Text of HB5064  102nd General Assembly

HB5064enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5064 EnrolledLRB102 23832 KTG 33024 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 5. The Children and Family Services Act is amended
5by adding Section 4f as follows:
 
6    (20 ILCS 505/4f new)
7    Sec. 4f. Transportation providers; compliance
8requirements.
9    (a) A purchase of service agency under contract with the
10Department to provide transportation services to children and
11families under this Act must comply with all applicable
12federal and State laws and regulations and Department rules.
13When the purchase of service agency signs the purchase of
14service contract, this signature shall be the agency's
15certification of compliance with the applicable laws,
16regulations, and rules. Additionally, the signed purchase of
17service contract shall be the agency's certification that:
18        (1) the agency has trained all of its drivers who
19    transport children on behalf of the Department on how to
20    properly install and operate an approved child restraint
21    system as defined in the Child Passenger Protection Act;
22        (2) all drivers possess a valid driver's license and
23    have a driving record devoid of any convictions of traffic

 

 

HB5064 Enrolled- 2 -LRB102 23832 KTG 33024 b

1    violations or evidence of committing an offense for which
2    mandatory revocation would be required upon conviction in
3    accordance with Section 6-205 of the Illinois Vehicle
4    Code;
5        (3) any motor vehicle operated by a driver during the
6    transport of any child on behalf of the Department is
7    insured as required under the Illinois Vehicle Code and
8    such insurance will be maintained throughout the period
9    for which the motor vehicle is used to transport any child
10    on behalf of the Department, and the driver will not
11    operate the motor vehicle unless the required insurance is
12    in effect; and
13        (4) all vehicles used to transport children on behalf
14    of the Department are properly maintained, clean, and
15    smoke free with properly functioning heating and air
16    conditioner systems that the driver has been instructed to
17    utilize as appropriate for the weather conditions.
18    A purchase of service agency must provide a designated
19telephone number that drivers, parents, foster parents, and
20legal guardians can use to communicate with the agency at any
21point before or during a scheduled transport or family visit
22to notify the agency regarding a late pickup or arrival. The
23agency must have staff available to accept all calls to the
24designated telephone number.
25    (b) Every driver employed by a purchase of service agency
26who transports children on behalf of the Department must

 

 

HB5064 Enrolled- 3 -LRB102 23832 KTG 33024 b

1submit, as a condition of employment, a signed written
2statement certifying that he or she will comply with all
3applicable federal and State laws and regulations and
4Department rules, and must attest to all of the following in
5his or her signed written statement:
6        (1) that he or she possesses the requisite knowledge
7    to properly install and operate an approved child
8    restraint system as defined in the Child Passenger
9    Protection Act;
10        (2) that he or she possesses a valid driver's license
11    and has a driving record devoid of any convictions of
12    traffic violations or evidence of committing an offense
13    for which mandatory revocation would be required upon
14    conviction in accordance with Section 6-205 of the
15    Illinois Vehicle Code;
16        (3) that the motor vehicle he or she operates to
17    transport children on behalf of the Department is insured
18    as required under the Illinois Vehicle Code and such
19    insurance will be maintained throughout the period for
20    which the motor vehicle is used to transport any child on
21    behalf of the Department, and he or she will not operate
22    the motor vehicle unless the required insurance is in
23    effect;
24        (4) that the motor vehicle he or she operates to
25    transport children on behalf of the Department is properly
26    maintained, clean, and smoke free with properly

 

 

HB5064 Enrolled- 4 -LRB102 23832 KTG 33024 b

1    functioning heating and air conditioner systems that he or
2    she will utilize as appropriate for the weather
3    conditions;
4        (5) that he or she can effectively communicate with
5    the parents, foster parents, or legal guardians of the
6    children he or she transports; and
7        (6) that, as a condition of employment, he or she has
8    consented to and completed a fingerprint-based criminal
9    history records check performed by the Illinois State
10    Police and the Federal Bureau of Investigation, or some
11    other entity that has the ability to check his or her
12    fingerprints against the fingerprint records now and
13    hereafter filed in the Illinois State Police and Federal
14    Bureau of Investigation criminal history records
15    databases.
16    The Department must conduct annual checks on a purchase of
17service agency and the drivers under the agency's employment
18to ensure compliance with this Section and all applicable
19laws, regulations, and Department rules. The Department may
20adopt any rules necessary to implement the provisions of this
21Section.