Rep. Robert Rita

Filed: 3/31/2004

 

 


 

 


 
09300HB5364ham001 LRB093 17040 DRJ 49507 a

1
AMENDMENT TO HOUSE BILL 5364

2     AMENDMENT NO. ______. Amend House Bill 5364 by replacing
3 the title with the following:
4     "AN ACT in relation to funeral expenses."; and
 
5 by replacing everything after the enacting clause with the
6 following:
 
7     "Section 5. The Illinois Public Aid Code is amended by
8 changing Section 12-4.11 as follows:
 
9     (305 ILCS 5/12-4.11)  (from Ch. 23, par. 12-4.11)
10     Sec. 12-4.11. Grant amounts. The Department, with due
11 regard for and subject to budgetary limitations, shall
12 establish grant amounts for each of the programs, by
13 regulation. The grant amounts may vary by program, size of
14 assistance unit and geographic area.
15     Aid payments shall not be reduced except: (1) for changes
16 in the cost of items included in the grant amounts, or (2) for
17 changes in the expenses of the recipient, or (3) for changes in
18 the income or resources available to the recipient, or (4) for
19 changes in grants resulting from adoption of a consolidated
20 grant amount.
21     In fixing standards to govern payments or reimbursements
22 for funeral and burial expenses, the Department shall establish
23 a minimum allowable amount of not less than $1,000 for

 

 

09300HB5364ham001 - 2 - LRB093 17040 DRJ 49507 a

1 Department payment of funeral services and not less than $500
2 for Department payment of burial or cremation services. On July
3 1, 2004 and on each July 1 thereafter, the Department shall
4 increase the minimum reimbursement amount for funeral and
5 burial expenses under this Section by a percentage equal to the
6 percentage increase in the Consumer Price Index for All Urban
7 Consumers, if any, during the 12 months immediately preceding
8 that July 1. In establishing the minimum allowable amount, the
9 Department shall take into account the services essential to a
10 dignified, low-cost (i) funeral and (ii) burial or cremation,
11 including reasonable amounts that may be necessary for burial
12 space and cemetery charges, and any applicable taxes or other
13 required governmental fees or charges. If no person has agreed
14 to pay the total cost of the (i) funeral and (ii) burial or
15 cremation charges, the Department shall pay the vendor the
16 actual costs of the (i) funeral and (ii) burial or cremation,
17 or the minimum allowable amount for each service as established
18 by the Department, whichever is less, provided that the
19 Department reduces its payments by the amount available from
20 the following sources: the decedent's assets and available
21 resources and the anticipated amounts of any death benefits
22 available to the decedent's estate, and amounts paid and
23 arranged to be paid by the decedent's legally responsible
24 relatives. A legally responsible relative is expected to pay
25 (i) funeral and (ii) burial or cremation expenses unless
26 financially unable to do so.
27     Nothing contained in this Section or in any other Section
28 of this Code shall be construed to prohibit the Illinois
29 Department (1) from consolidating existing standards on the
30 basis of any standards which are or were in effect on, or
31 subsequent to July 1, 1969, or (2) from employing any
32 consolidated standards in determining need for public aid and
33 the amount of money payment or grant for individual recipients
34 or recipient families.

 

 

09300HB5364ham001 - 3 - LRB093 17040 DRJ 49507 a

1 (Source: P.A. 91-24, eff. 7-1-99; 92-419, eff. 1-1-02.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.".