Rep. Robert Rita
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 5364
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2 | AMENDMENT NO. ______. Amend House Bill 5364 by replacing | ||||||
3 | the title with the following:
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4 | "AN ACT in relation to funeral expenses."; and | ||||||
5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
8 | changing Section
12-4.11 as follows:
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9 | (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
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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.
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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.
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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 |
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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
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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
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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
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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.
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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
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34 | or recipient families.
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1 | (Source: P.A. 91-24, eff. 7-1-99; 92-419, eff. 1-1-02.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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