Public Act 103-0038
 
HB2618 EnrolledLRB103 30936 KTG 57485 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Children and Family Services Act is amended  
by changing Section 4f as follows:
 
    (20 ILCS 505/4f)
    Sec. 4f. Transportation providers; compliance 
requirements. 
    (a) A purchase of service agency under contract with the 
Department to provide transportation services to children and 
families under this Act must comply with all applicable 
federal and State laws and regulations and Department rules. 
When the purchase of service agency signs the purchase of 
service contract, this signature shall be the agency's 
certification of compliance with the applicable laws, 
regulations, and rules. Additionally, the signed purchase of 
service contract shall be the agency's certification that:
        (1) the agency has trained all of its drivers who 
    transport children on behalf of the Department on how to 
    properly install and operate an approved child restraint 
    system as defined in the Child Passenger Protection Act;
        (2) all drivers possess a valid driver's license and 
    have a driving record devoid of any convictions of traffic

    violations or evidence of committing an offense
for which 
    mandatory revocation
would be required upon conviction in 
    accordance with  Section 6-205 of the Illinois Vehicle 
    Code; 
        (3) any motor vehicle operated by a driver during the 
    transport of any child on behalf of the Department is 
    insured as required under the Illinois Vehicle Code and 
    such insurance will be maintained throughout the period 
    for which the
motor vehicle is used to transport any child 
    on behalf of the Department, and the driver will
not 
    operate the motor vehicle unless the required insurance is 
    in effect; and 
        (4) all vehicles used to transport children on behalf 
    of the Department are properly maintained, clean, and 
    smoke free with properly functioning heating and air 
    conditioner systems that the driver has been instructed to 
    utilize as appropriate for the weather conditions.
    A purchase of service agency must provide a designated 
telephone number that drivers, parents, foster parents, and 
legal guardians  can use to communicate with the agency at any 
point before or during a scheduled transport or family visit 
to notify the agency regarding a late pickup or arrival. The 
agency must have staff available to accept all calls to the 
designated  telephone number. 
    (b) Every driver employed by a purchase of service agency 
who transports children on behalf of the Department must 
submit, as a condition of employment, a signed written 
statement certifying that he or she will comply with all 
applicable federal and State laws and regulations and 
Department rules, and must attest to all of the following in 
his or her signed written statement:
        (1) that he or she possesses the requisite knowledge 
    to properly install and operate an approved child 
    restraint system as defined in the Child Passenger 
    Protection Act;
        (2) that he or she possesses  a valid driver's license 
    and has a driving record devoid of any convictions of 
    traffic
violations or evidence of committing an offense

    for which mandatory revocation
would be required upon 
    conviction in accordance with  Section 6-205 of the 
    Illinois Vehicle Code; 
        (3) that the motor vehicle he or she operates to 
    transport children on behalf of the Department is insured 
    as required under the Illinois Vehicle Code and such 
    insurance will be maintained throughout the period for 
    which the
motor vehicle is used to transport any child on 
    behalf of the Department, and he or she will
not operate 
    the motor vehicle unless the required insurance is in 
    effect; 
        (4) that the motor vehicle he or she operates to 
    transport children on behalf of the Department is properly 
    maintained, clean, and smoke free with properly 
    functioning heating and air conditioner systems that he or 
    she  will utilize as appropriate for the weather 
    conditions;
        (5) that he or she can effectively communicate with 
    the parents, foster parents, or legal guardians of the 
    children he or she transports; and
        (6) that, as a condition of employment, he or she has 
    consented to and completed  a fingerprint-based criminal 
    history records check in accordance with subsection (c) 
    performed by the Illinois State Police and the Federal 
    Bureau of Investigation, or some other entity that has the 
    ability to check his or her fingerprints against the 
    fingerprint records now and hereafter filed in the 
    Illinois State Police and Federal Bureau of Investigation 
    criminal history records databases.
    The Department must conduct annual checks on a  purchase of 
service agency and the drivers under the agency's employment 
to ensure compliance with this Section and all applicable 
laws, regulations, and Department rules. The Department may 
adopt any rules necessary to implement the provisions of this 
Section. 

    (c) Each applicant applying for employment under 
subsection (b) shall have his or her fingerprints submitted to 
the Illinois State Police in an electronic format that 
complies with the form and manner for requesting and 
furnishing criminal history record information as prescribed 
by the Illinois State Police. Such fingerprints shall be 
transmitted through a live scan fingerprint vendor licensed by 
the Department of Financial and Professional Regulation. These 
fingerprints shall be checked against the fingerprint records 
now and hereafter filed in the Illinois State Police and 
Federal Bureau of Investigation criminal history records 
databases, including, but not limited to, civil, criminal, and 
latent fingerprint databases. The Illinois State Police shall 
charge a fee for conducting the criminal history records 
check, which shall be deposited into the State Police Services 
Fund and shall not exceed the actual cost of the records check. 
The Illinois State Police shall furnish, pursuant to positive 
identification, records of Illinois convictions and shall 
forward the national criminal history record information to 
the Department. 
(Source: P.A. 102-795, eff. 1-1-23.)
  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.