1.1.................... moves to amend H.F. No. 1276 as follows:
1.2Page 2, delete section 4, and insert:

1.3    "Sec. 4. Minnesota Statutes 2008, section 256.935, subdivision 1, is amended to read:
1.4    Subdivision 1. Cremation and funeral expenses. On the death of any person
1.5receiving public assistance through MFIP, the county agency shall pay attempt to contact
1.6the decedent's spouse or next of kin. If the agency is not able to contact a spouse or
1.7next of kin, the agency shall pay for cremation of the person's remains. If the county
1.8agency contacts the decedent's spouse or next of kin and it is determined that cremation is
1.9not in accordance with the religious and moral beliefs of the decedent or the decedent's
1.10spouse or the decedent's next of kin, the county agency shall pay an amount for funeral
1.11expenses including the transportation of the body into or out of the community in which
1.12the deceased resided not exceeding the amount paid for comparable services under
1.13section 261.035 plus actual cemetery charges. No cremation or funeral expenses shall
1.14be paid if the estate of the deceased is sufficient to pay such expenses or if the spouse,
1.15who was legally responsible for the support of the deceased while living, is able to pay
1.16such expenses; provided, that the additional payment or donation of the cost of cemetery
1.17lot, interment, religious service, or for the transportation of the body into or out of the
1.18community in which the deceased resided, shall not limit payment by the county agency as
1.19herein authorized. Freedom of choice in the selection of a funeral director shall be granted
1.20to persons lawfully authorized to make arrangements for the cremation or burial of any
1.21such deceased recipient. In determining the sufficiency of such estate, due regard shall be
1.22had for the nature and marketability of the assets of the estate. The county agency may
1.23grant cremation or funeral expenses where the sale would cause undue loss to the estate.
1.24Any amount paid for cremation or funeral expenses shall be a prior claim against the estate,
1.25as provided in section 524.3-805, and any amount recovered shall be reimbursed to the
1.26agency which paid the expenses. The commissioner shall specify requirements for reports,
1.27including fiscal reports, according to section 256.01, subdivision 2, paragraph (17) q. The
2.1state share shall pay the entire amount of county agency expenditures. Benefits shall be
2.2issued to recipients by the state or county subject to provisions of section 256.017. "
2.3Page 7, delete section 10, and insert:

2.4    "Sec. .... Minnesota Statutes 2008, section 261.035, is amended to read:
2.5261.035 CREMATION AND FUNERALS AT EXPENSE OF COUNTY.
2.6    When a person dies in any county without apparent means to provide for that
2.7person's funeral or final disposition, the county board shall first investigate to determine
2.8whether that person had contracted for any prepaid funeral arrangements. If prepaid
2.9arrangements have been made, the county shall authorize arrangements to be implemented
2.10in accord with the instructions of the deceased. If it is determined that the person did not
2.11leave sufficient means to defray the necessary expenses of a funeral and final disposition,
2.12nor any spouse of sufficient ability to procure the burial, the county board shall provide for
2.13a funeral and final disposition cremation of the person's remains to be made at the expense
2.14of the county. If it is determined that cremation is not in accordance with the religious
2.15and moral beliefs of the decedent or the decedent's spouse or the decedent's next of kin,
2.16the county board shall provide for a funeral. Counties may establish a maximum rate for
2.17funeral expenses. Any funeral and final disposition provided at the expense of the county
2.18shall be in accordance with religious and moral beliefs of the decedent or the decedent's
2.19spouse or the decedent's next of kin. If the wishes of the decedent are not known and
2.20the county has no information about the existence of or location of any next of kin, the
2.21county may determine the method of final disposition may provide for cremation of the
2.22person's remains.."
2.23Page 8, line 3, after "audit" insert ", including standards and audit practices,"
2.24Page 12, delete section 8