HB4714 Engrossed

LRB095 17876 DRJ 43956 b






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    AN ACT concerning public aid.

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


 
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    Section 5. The Illinois Public Aid Code is amended  by 
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adding Section 5-3.5 as follows:
 
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    (305 ILCS 5/5-3.5  new)
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    Sec. 5-3.5. Inmate of penal institution; eligibility.
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    (a) An inmate of a penal institution maintained by the 
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State or a unit of local government may qualify for aid under 
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this Article only after he or she has ceased to be an inmate of 
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such an institution, but the inmate may apply for aid under 
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this Article in advance of his or her discharge or release from 
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the institution. Whenever the Department of Healthcare and 
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Family Services receives an application for aid under this 
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Article from an inmate who is scheduled for discharge or 
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release from a penal institution, the Department shall process 
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the application in an expeditious manner. For an inmate whose 
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application is approved by the Department, the date of 
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eligibility for aid under this Article shall be the date of the 
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inmate's discharge or release from the institution.
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    (b) A recipient of aid under this Article who becomes an 
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inmate of a penal institution maintained by the State or a unit 
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of local government may be permitted a period of up to 30 days 
 


 






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in the institution without suspension or termination of his or 
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her eligibility for aid under this Article. If the inmate's 
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incarceration extends beyond 30 days, his or her eligibility 
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for aid under this Article shall be suspended. The inmate's 
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eligibility shall be restored as of the date of his or her 
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discharge or release from the institution.
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    (c) Within a reasonable time
after the discharge or release 
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of a person who was an inmate of a penal institution, the

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Department shall redetermine the person's eligibility for aid 
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under this Article.
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    (d) Notwithstanding any other rulemaking authority that 
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may exist, neither the Governor nor any agency or agency head 
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under the jurisdiction of the Governor has any authority to 
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make or promulgate rules to implement or enforce the provisions 
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of this amendatory Act of the 95th General Assembly.  If, 
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however, the Governor believes that rules are necessary to 
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implement or enforce the provisions of this amendatory Act of 
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the 95th General Assembly, the Governor may suggest rules to 
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the General Assembly by filing them with the Clerk of the House 
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and Secretary of the Senate and by requesting that the General 
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Assembly authorize such rulemaking by law, enact those 
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suggested rules into law, or take any other appropriate action 
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in the General Assembly's discretion.   Nothing contained in this 
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amendatory Act of the 95th General Assembly shall be 
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interpreted to grant rulemaking authority under any other 
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Illinois statute where such authority is not otherwise 
 


 






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explicitly given.  For the purposes of this amendatory Act of 
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the 95th General Assembly, "rules" is given the meaning 
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contained in Section 1-70 of the Illinois Administrative 
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Procedure Act, and "agency" and "agency head" are given the 
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meanings contained in Sections 1-20 and 1-25 of the Illinois 
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Administrative Procedure Act to the extent that such 
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definitions apply to agencies or agency heads under the 
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jurisdiction of the Governor. 
 

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