Full Text of HB2618 103rd General Assembly
HB2618enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 4f as follows: | 6 | | (20 ILCS 505/4f) | 7 | | Sec. 4f. Transportation providers; compliance | 8 | | requirements. | 9 | | (a) A purchase of service agency under contract with the | 10 | | Department to provide transportation services to children and | 11 | | families under this Act must comply with all applicable | 12 | | federal and State laws and regulations and Department rules. | 13 | | When the purchase of service agency signs the purchase of | 14 | | service contract, this signature shall be the agency's | 15 | | certification of compliance with the applicable laws, | 16 | | regulations, and rules. Additionally, the signed purchase of | 17 | | service 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
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| 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 | 19 | | telephone number that drivers, parents, foster parents, and | 20 | | legal guardians can use to communicate with the agency at any | 21 | | point before or during a scheduled transport or family visit | 22 | | to notify the agency regarding a late pickup or arrival. The | 23 | | agency must have staff available to accept all calls to the | 24 | | designated telephone number. | 25 | | (b) Every driver employed by a purchase of service agency | 26 | | who transports children on behalf of the Department must |
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| 1 | | submit, as a condition of employment, a signed written | 2 | | statement certifying that he or she will comply with all | 3 | | applicable federal and State laws and regulations and | 4 | | Department rules, and must attest to all of the following in | 5 | | his 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 |
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| 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 in accordance with subsection (c) | 10 | | performed by the Illinois State Police and the Federal | 11 | | Bureau of Investigation, or some other entity that has the | 12 | | ability to check his or her fingerprints against the | 13 | | fingerprint records now and hereafter filed in the | 14 | | Illinois State Police and Federal Bureau of Investigation | 15 | | criminal history records databases . | 16 | | The Department must conduct annual checks on a purchase of | 17 | | service agency and the drivers under the agency's employment | 18 | | to ensure compliance with this Section and all applicable | 19 | | laws, regulations, and Department rules. The Department may | 20 | | adopt any rules necessary to implement the provisions of this | 21 | | Section.
| 22 | | (c) Each applicant applying for employment under | 23 | | subsection (b) shall have his or her fingerprints submitted to | 24 | | the Illinois State Police in an electronic format that | 25 | | complies with the form and manner for requesting and | 26 | | furnishing criminal history record information as prescribed |
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| 1 | | by the Illinois State Police. Such fingerprints shall be | 2 | | transmitted through a live scan fingerprint vendor licensed by | 3 | | the Department of Financial and Professional Regulation. These | 4 | | fingerprints shall be checked against the fingerprint records | 5 | | now and hereafter filed in the Illinois State Police and | 6 | | Federal Bureau of Investigation criminal history records | 7 | | databases, including, but not limited to, civil, criminal, and | 8 | | latent fingerprint databases. The Illinois State Police shall | 9 | | charge a fee for conducting the criminal history records | 10 | | check, which shall be deposited into the State Police Services | 11 | | Fund and shall not exceed the actual cost of the records check. | 12 | | The Illinois State Police shall furnish, pursuant to positive | 13 | | identification, records of Illinois convictions and shall | 14 | | forward the national criminal history record information to | 15 | | the Department. | 16 | | (Source: P.A. 102-795, eff. 1-1-23 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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