Bill Text: IL HB5064 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Children and Family Services Act. Provides that a purchase of service agency under contract with the Department of Children and Family Services to provide transportation services to children and families must comply with all applicable federal and State laws and regulations and Department rules and must certify in the signed purchased of service contract that: (i) the agency has trained all of its drivers on how to properly install and operate an approved child restraint system as defined in the Child Passenger Protection Act; (ii) 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; (iii) any motor vehicle operated by a driver during the transport of any child on behalf of the Department is insured 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 (iv) all vehicles used to transport children 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. Requires a purchase of service agency to 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. Requires each agency driver to certify in a written statement that he or she will comply with all laws, regulations, and Department rules including requirements concerning child restraint systems, possession of a valid driver's license, completion of a fingerprint-based criminal history records check, and other matters. Requires the Department to conduct annual checks on purchase of service agencies and drivers to ensure compliance. Grants the Department rulemaking authority to implement the new provisions.

Spectrum: Slight Partisan Bill (Republican 12-7)

Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0795 [HB5064 Detail]

Download: Illinois-2021-HB5064-Chaptered.html

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Public Act 102-0795
HB5064 Enrolled LRB102 23832 KTG 33024 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 adding Section 4f as follows:
(20 ILCS 505/4f new)
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 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.