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HF 4120

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Bill Text Versions

Engrossments
Introduction Posted on 04/10/2006

Current Version - as introduced

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A bill for an act
 relating to human services; providing for county-paid cremation costs for MFIP
recipients; amending Minnesota Statutes 2004, section 256.935, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 256.935, subdivision 1, is amended to read:


Subdivision 1.

Funeral new text begin or cremation new text end expenses.

On the death of any person
receiving public assistance through MFIP, the county agency shall pay an amount for
deleted text begin funeral expenses not exceeding the amount paid for comparable services under section
261.035 plusdeleted text end new text begin cremation ornew text end actual cemetery chargesdeleted text begin .deleted text end new text begin , if cremation is contrary to the
religious beliefs of the deceased or the deceased's family.new text end No deleted text begin funeraldeleted text end expenses shall
be paid if the estate of the deceased is sufficient to pay such expenses or if the spouse,
who was legally responsible for the support of the deceased while living, is able to pay
such expenses; provided, that the additional payment or donation of the cost of cemetery
lot, interment, religious service, or for the transportation of the body into or out of the
community in which the deceased resided, shall not limit payment by the county agency as
herein authorized. deleted text begin Freedom of choice in the selection of a funeral director shall be granted
to persons lawfully deleted text end deleted text begin authorized to make arrangements for the burial of any such deceased
recipient.deleted text end In determining the sufficiency of such estate, due regard shall be had for the
nature and marketability of the assets of the estate. The county agency may grant deleted text begin funeraldeleted text end
expenses where the sale would cause undue loss to the estate. Any amount paid for deleted text begin funeraldeleted text end
expenses shall be a prior claim against the estate, as provided in section 524.3-805, and
any amount recovered shall be reimbursed to the agency which paid the expenses. The
commissioner shall specify requirements for reports, including fiscal reports, according to
section 256.01, subdivision 2, paragraph (17). The state share shall pay the entire amount
of county agency expenditures. Benefits shall be issued to recipients by the state or county
subject to provisions of section 256.017.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end