State of Illinois
90th General Assembly
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[ Introduced ][ Enrolled ][ Senate Amendment 003 ]

90_HB0204eng

      305 ILCS 5/11-6.2
          Amends the  Article  of  the  Illinois  Public  Aid  Code
      regarding  rights  and  responsibilities  of  applicants  and
      recipients.  Changes  the length of the demonstration project
      to determine the cost-effectiveness  of  preventing  multiple
      enrollments   of   aid  recipients  through  the  use  of  an
      electronic    automated    2-digit    fingerprint    matching
      identification system in local offices from 12 months  to  36
      months.  Effective immediately.
                                                     LRB9001426WHmg
HB0204 Engrossed                               LRB9001426WHmg
 1        AN  ACT to amend the Illinois Public Aid Code by changing
 2    Section 11-6.2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Public Aid Code is amended by
 6    changing Section 11-6.2 as follows:
 7        (305 ILCS 5/11-6.2)
 8        Sec. 11-6.2.  Electronic fingerprinting.
 9        (a)  The   Illinois   Department   shall   implement    a
10    demonstration  project to determine the cost-effectiveness of
11    preventing multiple enrollments of aid recipients through the
12    use of an electronic automated 2-digit  fingerprint  matching
13    identification  system  in  local  offices. The demonstration
14    project shall be implemented in one or more local offices  in
15    each of 3 counties as follows:
16             (1)  A  county  having  a population of 3,000,000 or
17        more.
18             (2)  A  county  contiguous  to  a  county  having  a
19        population of 3,000,000 or more.
20             (3)  A  county  having  a   population   less   than
21        3,000,000 that is not described in item (2).
22        The  Illinois  Department  shall  apply  for  any federal
23    waivers or approvals necessary to conduct this  demonstration
24    project.   The demonstration project shall become operational
25    (i) 12 months after the effective date of this amendatory Act
26    of 1994 or (ii) after the Illinois  Department's  receipt  of
27    all necessary federal waivers and approvals, whichever occurs
28    later, and shall operate for 36 12 months.
29        (b)  The fingerprints or their electronic representations
30    collected  and  maintained  through  the  use of an automated
31    fingerprint matching identification system as  authorized  by
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 1    this  Section  may not be used, disclosed, or redisclosed for
 2    any purpose other than the prevention of multiple enrollments
 3    of aid recipients,  may  not  be  used  or  admitted  in  any
 4    criminal  or civil investigation, prosecution, or proceeding,
 5    other than a proceeding pursuant to Article VIII-A,  and  may
 6    not   be  disclosed  in  response  to  a  subpoena  or  other
 7    compulsory legal process or warrant or upon  the  request  or
 8    order  of  any  agency, authority, division, office, or other
 9    private or public  entity  or  person,  except  that  nothing
10    contained in this subsection prohibits disclosure in response
11    to  a  subpoena  issued  by  or on behalf of the applicant or
12    recipient who is the subject of the record  maintained  as  a
13    part  of the system.  A person who knowingly makes or obtains
14    any unauthorized disclosure of data collected and  maintained
15    under   this   Section   through  the  use  of  an  automated
16    fingerprint matching identification system  is  guilty  of  a
17    Class  A  misdemeanor.   Data collected and maintained on the
18    automated fingerprint matching identification system shall be
19    subject  to  the  provisions  of  this   Code   relating   to
20    unauthorized disclosure of confidential client information.
21        (c)  The  Illinois Department shall develop a competitive
22    request for a proposal for an automated  2-digit  fingerprint
23    matching  identification system and shall thereafter contract
24    for the services of a firm able to design  and  implement  an
25    automated 2-digit fingerprint matching identification system.
26    The   system   shall   include  the  use  of  a  photographic
27    identification for every aid recipient. Before the award of a
28    contract, the Illinois  Department  shall  certify  that  the
29    design   of   the  demonstration  project  fulfills  all  the
30    requirements of this Section.  After the contract is awarded,
31    the Illinois Department shall insure that  the  demonstration
32    project is carried out in accordance with the requirements of
33    this Section and that adequate training for county department
34    staff  involved  with  the project will be provided and shall
HB0204 Engrossed            -3-                LRB9001426WHmg
 1    take any actions necessary to bring the demonstration project
 2    into  compliance   with   this   Section.   The   contractual
 3    arrangement   shall   ensure  that  State  payments  for  the
 4    contractor's   necessary   and   legitimate   expenses    for
 5    administering   the  demonstration  project  are  limited  to
 6    amounts specified in advance and that those  amounts  do  not
 7    exceed the amounts appropriated for that purpose.
 8        (d)  Before    the    demonstration    project    becomes
 9    operational,  the  Illinois  Department  shall  give  written
10    notice  of  the  provisions of this Section to applicants for
11    and recipients of aid served by the  local  offices  selected
12    for  the demonstration project.  The notice shall state that,
13    by applying or maintaining  eligibility  for  any  assistance
14    program,   applicants  and  recipients  must  submit  to  the
15    electronic collection of their fingerprints as an  additional
16    method  of  establishing  eligibility.   Applicants  for  and
17    recipients   of   aid   who  fail  to  submit  to  electronic
18    fingerprinting shall be declared ineligible for assistance as
19    permitted by federal waiver.   An  applicant  for  aid  whose
20    application  is  denied,  or a recipient of aid whose case is
21    cancelled,  in   any   demonstration   location   after   the
22    demonstration  project  begins  but  before  the applicant or
23    recipient has submitted to electronic fingerprinting  may  be
24    required   to  submit  to  electronic  fingerprinting  before
25    re-establishing  eligibility  for  assistance  in  any  other
26    office.
27        (e)  This  Section  does  not  authorize  or  permit  the
28    termination, suspension,  or  diminution  of  aid  except  as
29    elsewhere specifically authorized in this Code.  If the basis
30    of  a  proposed  sanction  is a determination of a fraudulent
31    multiple  enrollment  based  on  the  use  of  an   automated
32    fingerprint   matching   identification   system   authorized
33    pursuant  to  this  Section,  the sanction may not be imposed
34    unless the county department has verified the results of  the
HB0204 Engrossed            -4-                LRB9001426WHmg
 1    automated fingerprint matching identification system by means
 2    of  a  manual match conducted by a person who is qualified to
 3    perform fingerprint identifications.
 4        (f)  The  Illinois  Department  shall  conduct   periodic
 5    audits  to  monitor  compliance with all laws and regulations
 6    regarding the automated fingerprint  matching  identification
 7    system  to  insure that:  (i) any records maintained  as part
 8    of the system  are  accurate  and  complete;  (ii)  effective
 9    software  and  hardware  designs  have  been  instituted with
10    security features to prevent unauthorized access to  records;
11    (iii) access to record information system facilities, systems
12    operating environments, and data file contents, whether while
13    in use or when stored in a media library,  is  restricted  to
14    authorized personnel; (iv) operational programs are used that
15    will  prohibit  inquiry,  record  updates,  or destruction of
16    records from any terminal other  than  automated  fingerprint
17    matching   identification   system   terminals  that  are  so
18    designated; (v) operational programs are used to  detect  and
19    store  for  the  output of designated Illinois Department and
20    county department  employees  all  unauthorized  attempts  to
21    penetrate   any  electronic  automated  fingerprint  matching
22    identification system, program, or file;  and  (vi)  adequate
23    and  timely  procedures  exist  to  insure the recipient's or
24    applicant's right to access and review  of  records  for  the
25    purpose  of  accuracy  and completeness, including procedures
26    for review of information maintained about those  individuals
27    and  for  administrative  review  (including  procedures  for
28    administrative  appeal) and necessary correction of any claim
29    by the individual to whom the information  relates  that  the
30    information is inaccurate or incomplete.
31        (g)  On   or   before  December  1,  1997,  the  Illinois
32    Department shall report  to  the  Governor  and  the  General
33    Assembly   concerning  the  operation  of  the  demonstration
34    project.   The  report  shall  include  an  analysis  of  the
HB0204 Engrossed            -5-                LRB9001426WHmg
 1    cost-effectiveness of the demonstration project,  information
 2    concerning instances of multiple enrollments detected through
 3    use   of   the   electronic  automated  fingerprint  matching
 4    identification  system, and a detailed summary of the results
 5    of audits required by subsection    (f).   The  report  shall
 6    include  recommendations regarding whether the program should
 7    be discontinued, expanded, or otherwise modified.
 8        (h)  The Illinois Department shall apply for all  waivers
 9    of  federal  law  and  regulations  necessary  to conduct the
10    demonstration project under this Section.
11        (i)  The Illinois Department may establish a retinal  eye
12    identification system instead of an electronic fingerprinting
13    system  in one of the sites described in subsection (a).  Any
14    retinal  eye  identification  system  must  comply  with  the
15    requirements of subsections (a) through (h) as they apply  to
16    retinal eye identification.
17    (Source: P.A. 88-554, eff. 7-26-94.)
18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.

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