HB2436 96TH GENERAL ASSEMBLY

LRB096 04146 DRJ 18477 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2436

Introduced 2/19/2009, by Rep. Robert Rita

SYNOPSIS AS INTRODUCED:

305 ILCS 5/12-4.11

from Ch. 23, par. 12-4.11

Amends the Illinois Public Aid Code. Provides for minimum allowable amounts of $1,103 (instead of $1,000) for funeral services and $552 (instead of $500) for burial or cremation services. Provides that on July 1, 2009 and each July 1 thereafter, the Department of Human Services shall increase the minimum reimbursement amount for funeral and burial expenses under the Code 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 July 1. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

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

Section 5. The Illinois Public Aid Code is amended by changing Section 12-4.11 as follows:

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

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

Aid payments shall not be reduced except: (1) for changes in the cost of items included in the grant amounts, or (2) for changes in the expenses of the recipient, or (3) for changes in the income or resources available to the recipient, or (4) for changes in grants resulting from adoption of a consolidated grant amount. Beginning July 1, 2008, the Department of Human Services shall increase TANF grant amounts in effect on June 30, 2008 by 9%.

In fixing standards to govern payments or reimbursements for funeral and burial expenses, the Department shall establish a minimum allowable amount of not less than $1,103 $1,000 for Department payment of funeral services and not less than $552 $500 for Department payment of burial or cremation services. On January 1, 2006, July 1, 2009 and each July 1 thereafter 2006, and July 1, 2007, the Department shall increase the minimum reimbursement amount for funeral and burial expenses under this Section 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. In establishing the minimum allowable amount, the Department shall take into account the services essential to a dignified, low-cost (i) funeral and (ii) burial or cremation, including reasonable amounts that may be necessary for burial space and cemetery charges, and any applicable taxes or other required governmental fees or charges. If no person has agreed to pay the total cost of the (i) funeral and (ii) burial or cremation charges, the Department shall pay the vendor the actual costs of the (i) funeral and (ii) burial or cremation, or the minimum allowable amount for each service as established by the Department, whichever is less, provided that the Department reduces 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. A legally responsible relative is expected to pay (i) funeral and (ii) burial or cremation expenses unless financially unable to do so.

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

(Source: P.A. 94-669, eff. 8-23-05; 95-744, eff. 7-18-08.)

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