Public Act 094-0669
 		





HB0760 Enrolled
LRB094 07853 DRJ 38034 b






    AN ACT in relation to funeral expenses. 

 
    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.

    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
$1,000 for 
Department payment of funeral services and not less than $500 
for
Department payment of burial or cremation services. On 
January 1, 2006, July 1, 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. 91-24, eff. 7-1-99; 92-419, eff. 1-1-02.)

 

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




Effective Date:  8/23/2005