State of Illinois
91st General Assembly
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Public Act 91-0599

SB1116 Enrolled                               LRB9102322SMdvA

    AN ACT to amend the Illinois Public Aid Code by  changing
Section 11-6.2 and repealing Section 9-12.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Public Aid Code  is  amended  by
changing Section 11-6.2.

    (305 ILCS 5/11-6.2)
    Sec. 11-6.2.  Electronic fingerprinting.
    (a)  The   Illinois  Department  may  shall  implement  a
program to prevent 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.
The demonstration project shall be implemented in one or more
local offices in each of 3 counties as follows:
         (1)  A  county  having  a population of 3,000,000 or
    more.
         (2)  A  county  contiguous  to  a  county  having  a
    population of 3,000,000 or more.
         (3)  A  county  having  a   population   less   than
    3,000,000 that is not described in item (2).
    The  Illinois  Department  shall  apply  for  any federal
waivers  or  approvals  necessary  to  conduct  this  program
demonstration  project.   The  demonstration  project   shall
become  operational (i) 12 months after the effective date of
this amendatory Act  of  1994  or  (ii)  after  the  Illinois
Department's  receipt  of  all  necessary federal waivers and
approvals, whichever occurs later, and shall operate  for  36
months.
    (b)  The fingerprints or their electronic representations
collected  and  maintained  through  the  use of an automated
fingerprint matching identification system as  authorized  by
this  Section  may not be used, disclosed, or redisclosed for
any purpose other than the prevention of multiple enrollments
of aid recipients,  may  not  be  used  or  admitted  in  any
criminal  or civil investigation, prosecution, or proceeding,
other than a proceeding pursuant to Article VIII-A,  and  may
not   be  disclosed  in  response  to  a  subpoena  or  other
compulsory legal process or warrant or upon  the  request  or
order  of  any  agency, authority, division, office, or other
private or public  entity  or  person,  except  that  nothing
contained in this subsection prohibits disclosure in response
to  a  subpoena  issued  by  or on behalf of the applicant or
recipient who is the subject of the record  maintained  as  a
part  of the system.  A person who knowingly makes or obtains
any unauthorized disclosure of data collected and  maintained
under   this   Section   through  the  use  of  an  automated
fingerprint matching identification system  is  guilty  of  a
Class  A  misdemeanor.   Data collected and maintained on the
automated fingerprint matching identification system shall be
subject  to  the  provisions  of  this   Code   relating   to
unauthorized disclosure of confidential client information.
    (c)  The  Illinois Department shall develop a competitive
request for a proposal for an automated  2-digit  fingerprint
matching  identification system and shall thereafter contract
for the services of a firm able to design  and  implement  an
automated 2-digit fingerprint matching identification system.
The   system   shall   include  the  use  of  a  photographic
identification for every aid recipient. Before the award of a
contract, the Illinois  Department  shall  certify  that  the
design   of   the  demonstration  project  fulfills  all  the
requirements of this Section.  After the contract is awarded,
The Illinois Department shall insure that  the  demonstration
project is carried out in accordance with the requirements of
this Section and that adequate training for county department
staff involved with the program project will be provided. and
shall  take  any actions necessary to bring the demonstration
project into compliance with this  Section.  The  contractual
arrangement   shall   ensure  that  State  payments  for  the
contractor's   necessary   and   legitimate   expenses    for
administering   the  demonstration  project  are  limited  to
amounts specified in advance and that those  amounts  do  not
exceed the amounts appropriated for that purpose.
    (d)  The  assistance  programs affected by the electronic
fingerprinting program shall be determined  by  rule.  Before
the  demonstration  project becomes operational, the Illinois
Department shall give written notice  of  the  provisions  of
this  Section  to applicants for and recipients of aid served
by the local offices selected for the demonstration  project.
The  notice  shall  state  that,  By  applying or maintaining
eligibility  for  those  any  assistance  programs   program,
applicants  and  recipients  must  submit  to  the electronic
collection of their fingerprints as an additional  method  of
establishing  eligibility.   Applicants for and recipients of
aid who fail to submit to electronic fingerprinting shall  be
declared   ineligible   for   those  assistance  programs  as
permitted by federal waiver.   An  applicant  for  aid  whose
application  is  denied,  or a recipient of aid whose case is
cancelled,  in   any   demonstration   location   after   the
demonstration  project  begins  but  before  the applicant or
recipient has submitted to electronic fingerprinting  may  be
required   to  submit  to  electronic  fingerprinting  before
re-establishing  eligibility  for  assistance  in  any  other
office.
    (e)  This  Section  does  not  authorize  or  permit  the
termination, suspension,  or  diminution  of  aid  except  as
elsewhere specifically authorized in this Code.  If the basis
of  a  proposed  sanction  is a determination of a fraudulent
multiple  enrollment  based  on  the  use  of  an   automated
fingerprint   matching   identification   system   authorized
pursuant  to  this  Section,  the sanction may not be imposed
unless  the  Illinois  county  Department  has  verified  the
multiple  enrollment  through  an  independent  investigation
results of the automated fingerprint matching  identification
system  by  means of a manual match conducted by a person who
is qualified to perform fingerprint identifications.
    (f)  The  Illinois  Department  shall  conduct   periodic
audits  to  monitor  compliance with all laws and regulations
regarding the automated fingerprint  matching  identification
system  to  insure that:  (i) any records maintained  as part
of the system  are  accurate  and  complete;  (ii)  effective
software  and  hardware  designs  have  been  instituted with
security features to prevent unauthorized access to  records;
(iii) access to record information system facilities, systems
operating environments, and data file contents, whether while
in use or when stored in a media library,  is  restricted  to
authorized personnel; (iv) operational programs are used that
will  prohibit  inquiry,  record  updates,  or destruction of
records from any terminal other  than  automated  fingerprint
matching   identification   system   terminals  that  are  so
designated; (v) operational programs are used to  detect  and
store  for  the  output of designated Illinois Department and
county department  employees  all  unauthorized  attempts  to
penetrate   any  electronic  automated  fingerprint  matching
identification system, program, or file;  and  (vi)  adequate
and  timely  procedures  exist  to  insure the recipient's or
applicant's right to access and review  of  records  for  the
purpose  of  accuracy  and completeness, including procedures
for review of information maintained about those  individuals
and  for  administrative  review  (including  procedures  for
administrative  appeal) and necessary correction of any claim
by the individual to whom the information  relates  that  the
information is inaccurate or incomplete.
    (g)  On   or   before  December  1,  1997,  the  Illinois
Department shall report  to  the  Governor  and  the  General
Assembly   concerning  the  operation  of  the  demonstration
project.   The  report  shall  include  an  analysis  of  the
cost-effectiveness of the demonstration project,  information
concerning instances of multiple enrollments detected through
use   of   the   electronic  automated  fingerprint  matching
identification  system, and a detailed summary of the results
of audits required by subsection    (f).   The  report  shall
include  recommendations regarding whether the program should
be discontinued, expanded, or otherwise modified.
    (h)  The Illinois Department shall apply for all  waivers
of  federal  law  and  regulations  necessary  to conduct the
demonstration project under this Section.
    (i)  The Illinois Department may establish a retinal  eye
identification system instead of an electronic fingerprinting
system  in one of the sites described in subsection (a).  Any
retinal  eye  identification  system  must  comply  with  the
requirements of subsections (a) through (h) as they apply  to
retinal eye identification.
(Source: P.A. 90-17, eff. 6-19-97.)

    (305 ILCS 5/9-12 rep.)
    Section  10.   The Illinois Public Aid Code is amended by
repealing Section 9-12.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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