State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


SB1116 Enrolled                               LRB9102322SMdvA

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

 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.

 7        (305 ILCS 5/11-6.2)
 8        Sec. 11-6.2.  Electronic fingerprinting.
 9        (a)  The   Illinois  Department  may  shall  implement  a
10    program to prevent demonstration  project  to  determine  the
11    cost-effectiveness  of preventing multiple enrollments of aid
12    recipients through the use of an electronic automated 2-digit
13    fingerprint matching identification system in local  offices.
14    The demonstration project shall be implemented in one or more
15    local offices in 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  program
24    demonstration  project.   The  demonstration  project   shall
25    become  operational (i) 12 months after the effective date of
26    this amendatory Act  of  1994  or  (ii)  after  the  Illinois
27    Department's  receipt  of  all  necessary federal waivers and
28    approvals, whichever occurs later, and shall operate  for  36
29    months.
30        (b)  The fingerprints or their electronic representations
31    collected  and  maintained  through  the  use of an automated
SB1116 Enrolled            -2-                LRB9102322SMdvA
 1    fingerprint matching identification system as  authorized  by
 2    this  Section  may not be used, disclosed, or redisclosed for
 3    any purpose other than the prevention of multiple enrollments
 4    of aid recipients,  may  not  be  used  or  admitted  in  any
 5    criminal  or civil investigation, prosecution, or proceeding,
 6    other than a proceeding pursuant to Article VIII-A,  and  may
 7    not   be  disclosed  in  response  to  a  subpoena  or  other
 8    compulsory legal process or warrant or upon  the  request  or
 9    order  of  any  agency, authority, division, office, or other
10    private or public  entity  or  person,  except  that  nothing
11    contained in this subsection prohibits disclosure in response
12    to  a  subpoena  issued  by  or on behalf of the applicant or
13    recipient who is the subject of the record  maintained  as  a
14    part  of the system.  A person who knowingly makes or obtains
15    any unauthorized disclosure of data collected and  maintained
16    under   this   Section   through  the  use  of  an  automated
17    fingerprint matching identification system  is  guilty  of  a
18    Class  A  misdemeanor.   Data collected and maintained on the
19    automated fingerprint matching identification system shall be
20    subject  to  the  provisions  of  this   Code   relating   to
21    unauthorized disclosure of confidential client information.
22        (c)  The  Illinois Department shall develop a competitive
23    request for a proposal for an automated  2-digit  fingerprint
24    matching  identification system and shall thereafter contract
25    for the services of a firm able to design  and  implement  an
26    automated 2-digit fingerprint matching identification system.
27        The  system  shall  include  the  use  of  a photographic
28    identification for every aid recipient. Before the award of a
29    contract, the Illinois  Department  shall  certify  that  the
30    design   of   the  demonstration  project  fulfills  all  the
31    requirements of this Section.  After the contract is awarded,
32      The Illinois Department shall insure that the demonstration
33    project is carried out in accordance with the requirements of
34    this Section and that adequate training for county department
SB1116 Enrolled            -3-                LRB9102322SMdvA
 1    staff involved with the program project will be provided. and
 2    shall take any actions necessary to bring  the  demonstration
 3    project  into  compliance  with this Section. The contractual
 4    arrangement  shall  ensure  that  State  payments   for   the
 5    contractor's    necessary   and   legitimate   expenses   for
 6    administering  the  demonstration  project  are  limited   to
 7    amounts  specified  in  advance and that those amounts do not
 8    exceed the amounts appropriated for that purpose.
 9        (d)  The assistance programs affected by  the  electronic
10    fingerprinting  program  shall  be determined by rule. Before
11    the demonstration project becomes operational,  the  Illinois
12    Department  shall  give  written  notice of the provisions of
13    this Section to applicants for and recipients of  aid  served
14    by  the local offices selected for the demonstration project.
15    The notice shall  state  that,  By  applying  or  maintaining
16    eligibility   for  those  any  assistance  programs  program,
17    applicants and  recipients  must  submit  to  the  electronic
18    collection  of  their fingerprints as an additional method of
19    establishing eligibility.  Applicants for and  recipients  of
20    aid  who fail to submit to electronic fingerprinting shall be
21    declared  ineligible  for  those   assistance   programs   as
22    permitted  by  federal  waiver.   An  applicant for aid whose
23    application is denied, or a recipient of aid  whose  case  is
24    cancelled,   in   any   demonstration   location   after  the
25    demonstration project begins  but  before  the  applicant  or
26    recipient  has  submitted to electronic fingerprinting may be
27    required  to  submit  to  electronic  fingerprinting   before
28    re-establishing  eligibility  for  assistance  in  any  other
29    office.
30        (e)  This  Section  does  not  authorize  or  permit  the
31    termination,  suspension,  or  diminution  of  aid  except as
32    elsewhere specifically authorized in this Code.  If the basis
33    of a proposed sanction is a  determination  of  a  fraudulent
34    multiple   enrollment  based  on  the  use  of  an  automated
SB1116 Enrolled            -4-                LRB9102322SMdvA
 1    fingerprint   matching   identification   system   authorized
 2    pursuant to this Section, the sanction  may  not  be  imposed
 3    unless  the  Illinois  county  Department  has  verified  the
 4    multiple  enrollment  through  an  independent  investigation
 5    results  of the automated fingerprint matching identification
 6    system by means of a manual match conducted by a  person  who
 7    is qualified to perform fingerprint identifications.
 8        (f)  The   Illinois  Department  shall  conduct  periodic
 9    audits to monitor compliance with all  laws  and  regulations
10    regarding  the  automated fingerprint matching identification
11    system to insure that:  (i) any records maintained   as  part
12    of  the  system  are  accurate  and  complete; (ii) effective
13    software and  hardware  designs  have  been  instituted  with
14    security features to prevent unauthorized access to  records;
15    (iii) access to record information system facilities, systems
16    operating environments, and data file contents, whether while
17    in  use  or  when stored in a media library, is restricted to
18    authorized personnel; (iv) operational programs are used that
19    will prohibit inquiry,  record  updates,  or  destruction  of
20    records  from  any  terminal other than automated fingerprint
21    matching  identification  system  terminals   that   are   so
22    designated;  (v)  operational programs are used to detect and
23    store for the output of designated  Illinois  Department  and
24    county  department  employees  all  unauthorized  attempts to
25    penetrate  any  electronic  automated  fingerprint   matching
26    identification  system,  program,  or file; and (vi) adequate
27    and timely procedures exist  to  insure  the  recipient's  or
28    applicant's  right  to  access  and review of records for the
29    purpose of accuracy and  completeness,  including  procedures
30    for  review of information maintained about those individuals
31    and  for  administrative  review  (including  procedures  for
32    administrative appeal) and necessary correction of any  claim
33    by  the  individual  to whom the information relates that the
34    information is inaccurate or incomplete.
SB1116 Enrolled            -5-                LRB9102322SMdvA
 1        (g)  On  or  before  December  1,  1997,   the   Illinois
 2    Department  shall  report  to  the  Governor  and the General
 3    Assembly  concerning  the  operation  of  the   demonstration
 4    project.   The  report  shall  include  an  analysis  of  the
 5    cost-effectiveness  of the demonstration project, information
 6    concerning instances of multiple enrollments detected through
 7    use  of  the  electronic   automated   fingerprint   matching
 8    identification  system, and a detailed summary of the results
 9    of  audits  required  by  subsection   (f).  The report shall
10    include recommendations regarding whether the program  should
11    be discontinued, expanded, or otherwise modified.
12        (h)  The  Illinois Department shall apply for all waivers
13    of federal law  and  regulations  necessary  to  conduct  the
14    demonstration project under this Section.
15        (i)  The  Illinois Department may establish a retinal eye
16    identification system instead of an electronic fingerprinting
17    system in one of the sites described in subsection (a).   Any
18    retinal  eye  identification  system  must  comply  with  the
19    requirements  of subsections (a) through (h) as they apply to
20    retinal eye identification.
21    (Source: P.A. 90-17, eff. 6-19-97.)

22        (305 ILCS 5/9-12 rep.)
23        Section 10.  The Illinois Public Aid Code is  amended  by
24    repealing Section 9-12.

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

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