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91_SB1116
LRB9102322SMdvA
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.
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
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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 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 that the demonstration
33 project is carried out in accordance with the requirements of
34 this Section and that adequate training for county department
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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
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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.
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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 Section 99. Effective date. This Act takes effect upon
23 becoming law.