97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4055
 
Introduced , by Rep. Dan Brady
 
SYNOPSIS AS INTRODUCED:














305 ILCS 5/3-8 from Ch. 23, par. 3-8
305 ILCS 5/4-10 from Ch. 23, par. 4-10
305 ILCS 5/5-12 from Ch. 23, par. 5-12
305 ILCS 5/6-6 from Ch. 23, par. 6-6
305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11

 Amends the Illinois Public Aid Code. Provides that the Department of Human Services shall pay, subject to appropriation and in accordance with Department standards and rules (rather than standards, rules, and regulations), the actual cost of the funeral and burial or cremation, or the maximum allowable amount for each service, whichever is less, of a deceased public aid recipient if the recipient's estate is insufficient to pay for such costs (rather than such reasonable amounts as may be necessary to meet
costs of the funeral, burial space, and cemetery charges). Provides that the Department shall reduce its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. Eliminates language establishing a minimum allowable amount of not less than $1,000 for Department payment of funeral services and not less than $500 for Department payment of burial or cremation services. Eliminates language requiring the Department on January 1, 2006, July 1, 2006, and July 1, 2007 to increase the minimum reimbursement amount for funeral and burial services by a percentage equal to the percentage increase in the Consumer Price Index for all Urban Consumers, if any, during the 12 months immediately preceding that January 1 or July 1.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB4055LRB097 14458 KTG 62246 b



1 AN ACT concerning public aid.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Public Aid Code is amended by 
5changing Sections 3-8, 4-10, 5-12, 6-6, and 12-4.11 as follows:




6 (305 ILCS 5/3-8) (from Ch. 23, par. 3-8)



7 Sec. 3-8. Funeral and burial. 
If the estate of a deceased 
8recipient is insufficient to pay for funeral
and burial 
9expenses, and if no other resources, including assistance from

10legally responsible relatives, are available for such 
11purposes, the Department shall pay, subject to appropriation 
12and there shall
be paid, in accordance with the standards and 
13rules , rules and regulations of the
Illinois Department, the 
14actual cost of the funeral and burial or cremation, or the 
15maximum allowable amount for each service, whichever is less. 
16The Department shall reduce its payments by the amount 
17available from the following sources: the decedent's assets and 
18available resources and the anticipated amounts of any death 
19benefits available to the decedent's estate, and amounts paid 
20and arranged to be paid by the decedent's legally responsible 
21relatives. The Department shall either pay the vendor or such 
22reasonable amounts as may be necessary to meet
costs of the 
23funeral, burial space, and cemetery charges, or to reimburse

 
 
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1any person not financially responsible for the deceased who has 
2voluntarily
made expenditures for such costs.

3(Source: P.A. 90-372, eff. 7-1-98.)





4 (305 ILCS 5/4-10) (from Ch. 23, par. 4-10)



5 Sec. 4-10. Funeral and burial. 
If the estate of a deceased 
6recipient is insufficient to pay for funeral
and burial 
7expenses, and if no other resources, including assistance from

8legally responsible relatives, are available for such 
9purposes, the Department shall pay, subject to appropriation 
10and there shall
be paid, in accordance with the standards and 
11rules , rules and regulations of the
Illinois Department, the 
12actual cost of the funeral and burial or cremation, or the 
13maximum allowable amount for each service, whichever is less. 
14The Department shall reduce its payments by the amount 
15available from the following sources: the decedent's assets and 
16available resources and the anticipated amounts of any death 
17benefits available to the decedent's estate, and amounts paid 
18and arranged to be paid by the decedent's legally responsible 
19relatives. The Department shall either pay the vendor or such 
20reasonable amounts as may be necessary to meet
costs of the 
21funeral, burial space, and cemetery charges or to reimburse
any 
22person not financially responsible for the deceased who has 
23voluntarily
made expenditures for such costs.

24(Source: P.A. 90-372, eff. 7-1-98.)





 
 
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1 (305 ILCS 5/5-12) (from Ch. 23, par. 5-12)



2 Sec. 5-12. Funeral and burial. Upon the death of a 
3recipient who
qualified under class 2, 3 or 4 of Section 5-2, 
4if his estate is
insufficient to pay his funeral and burial 
5expenses and if no other
resources, including assistance from 
6legally responsible relatives, are
available for such 
7purposes, the Department shall pay, subject to appropriation 
8and there shall be paid, in accordance with the
standards and 
9rules , rules and regulations of the Illinois Department of 
10Human
Services, the actual cost of the funeral and burial or 
11cremation, or the maximum allowable amount for each service, 
12whichever is less. The Department shall reduce its payments by 
13the amount available from the following sources: the decedent's 
14assets and available resources and the anticipated amounts of 
15any death benefits available to the decedent's estate, and 
16amounts paid and arranged to be paid by the decedent's legally 
17responsible relatives. The Department shall either pay the 
18vendor or such reasonable amounts as may be necessary to meet 
19the costs of
the funeral, burial space, and cemetery charges, 
20or to reimburse any person not
financially responsible for the 
21deceased who has voluntarily made
expenditures for such costs.

22(Source: P.A. 92-651, eff. 7-11-02.)





23 (305 ILCS 5/6-6) (from Ch. 23, par. 6-6)



24 Sec. 6-6. Funeral and Burial. 

25 If the estate of a deceased recipient is insufficient to 
 
 
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1pay for funeral
and burial expenses and if no other resources 
2including assistance from
legally responsible relatives or the 
3United States Veterans Administration,
are available for such 
4purposes, the Department shall pay, subject to appropriation 
5and there shall be paid, in accordance with
the standards and 
6rules , rules and regulations of the Illinois Department, the 
7actual cost of the funeral and burial or cremation, or the 
8maximum allowable amount for each service, whichever is less. 
9The Department shall reduce its payments by the amount 
10available from the following sources: the decedent's assets and 
11available resources and the anticipated amounts of any death 
12benefits available to the decedent's estate, and amounts paid 
13and arranged to be paid by the decedent's legally responsible 
14relatives. The Department shall either pay the vendor or such

15amounts as may be necessary to meet costs of the funeral, 
16burial space, and
cemetery charges, or to reimburse any person 
17not financially responsible
for the deceased who has 
18voluntarily made expenditures for such costs.

19(Source: P.A. 90-372, eff. 7-1-98.)




20 (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)



21 Sec. 12-4.11. Grant amounts. The Department,
with due 
22regard for and subject to budgetary limitations, shall 
23establish
grant amounts for each of the programs, by 
24regulation. The grant amounts may
vary by program, size of 
25assistance unit and geographic area.

 
 
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1 Aid payments shall not be reduced except: (1) for changes 
2in the cost of
items included in the grant amounts, or (2) for 
3changes in the expenses of the
recipient, or (3) for changes in 
4the income or resources available to the
recipient, or (4) for 
5changes in grants resulting from adoption of a
consolidated 
6grant amount. 

7 Subject to appropriation, beginning on July 1, 2008, the 
8Department of Human Services shall increase TANF grant amounts 
9in effect on June 30, 2008 by 15%. The Department is authorized 
10to administer this increase but may not otherwise adopt any 
11rule to implement this increase. 
12 In fixing standards to govern payments or reimbursements 
13for funeral
and burial expenses, the Department shall establish 
14by rule, subject to appropriation, a maximum amount a minimum 
15allowable
amount of
not less than
$1,000 for Department payment 
16of funeral services and not less than $500 for
Department 
17payment of burial or cremation services. On January 1, 2006, 
18July 1, 2006, and July 1, 2007, the Department shall increase 
19the minimum reimbursement amount for funeral and burial 
20expenses under this Section by a percentage equal to the 
21percentage increase in the Consumer Price Index for All Urban 
22Consumers, if any, during the 12 months immediately preceding 
23that January 1 or July 1. In establishing the minimum
allowable

24amount, the Department shall take into account the services

25essential to a dignified, low-cost (i) funeral and (ii) burial 
26or
cremation, including reasonable
amounts that may be 
 
 
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1necessary for
burial space and cemetery charges, and any 
2applicable taxes or other
required governmental fees or 
3charges. If no
person has agreed to pay the total cost of the 
4(i) funeral and
(ii) burial or cremation
charges, the 
5Department shall pay the vendor the actual costs of the (i)

6funeral
and
(ii) burial or cremation, or the maximum minimum 
7allowable amount for each service as
established by
the 
8Department, whichever is less, provided that the Department 
9reduces its
payments by
the amount available from the following 
10sources: the decedent's assets
and
available resources and the 
11anticipated amounts of any death benefits available
to the

12decedent's estate, and amounts paid and arranged to be paid by 
13the
decedent's legally
responsible relatives. A legally 
14responsible relative is expected to pay
(i) funeral and (ii) 
15burial
or cremation expenses unless financially unable to do 
16so.

17 Nothing contained in this Section or in any other Section 
18of this
Code shall be construed to prohibit the Illinois 
19Department (1) from
consolidating existing standards on the 
20basis of any standards which are
or were in effect on, or 
21subsequent to July 1, 1969, or (2) from
employing any 
22consolidated standards in determining need for public
aid and 
23the amount of money payment or grant for individual recipients

24or recipient families.

25(Source: P.A. 95-744, eff. 7-18-08; 95-1055, eff. 4-10-09; 
2696-1000, eff. 7-2-10.)