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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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