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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 003 ] |
90_HB0204
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.
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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
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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
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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
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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.