Bill Text: IL HB2618 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Children and Family Services Act. Requires every driver who applies for employment with a transportation provider under contract with the Department of Children and Family Services to 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. Provides that such fingerprints shall be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation and shall be checked against the fingerprint records 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. Requires the Illinois State Police to charge a fee for conducting the criminal history records check that does not exceed the actual cost of the records check. Provides that 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 of Children and Family Services. Requires every driver to submit, as a condition of employment, a signed written statement certifying that he or she has consented to and completed a fingerprint-based criminal history records check in accordance with the amendatory Act. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 10-6)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0038 [HB2618 Detail]

Download: Illinois-2023-HB2618-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2618 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
20 ILCS 505/4f
Amends the Children and Family Services Act. Requires every driver who applies for employment with a transportation provider under contract with the Department of Children and Family Services to 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. Provides that such fingerprints shall be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation and shall be checked against the fingerprint records 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. Requires the Illinois State Police to charge a fee for conducting the criminal history records check that does not exceed the actual cost of the records check. Provides that 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 of Children and Family Services. Requires every driver to submit, as a condition of employment, a signed written statement certifying that he or she has consented to and completed a fingerprint-based criminal history records check in accordance with the amendatory Act. Effective immediately.
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A BILL FOR
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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

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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

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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

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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

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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.