1.1.................... moves to amend H.F. No. 1276, the first engrossment, 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, burial, and funeral expenses. On the death of any
1.5person receiving public assistance through MFIP, the county agency shall pay attempt to
1.6contact the decedent's spouse or next of kin. If the agency is not able to contact a spouse or
1.7next of kin and the personal preferences of the decedent or the practices of the decedent's
1.8faith tradition are not known, the agency shall pay for cremation of the person's remains
1.9and their burial or internment if the spouse or next of kin does not want to take possession
1.10of the ashes. If the county agency contacts the decedent's spouse or next of kin and it is
1.11determined that cremation is not in accordance with the decedent's personal preferences or
1.12the practices of the decedent's faith tradition or the personal preferences of the decedent's
1.13spouse or the decedent's next of kin, the county agency shall pay an amount for funeral
1.14expenses including the transportation of the body into or out of the community in which
1.15the deceased resided not exceeding the amount paid for comparable services under section
1.16261.035 plus actual cemetery charges. No cremation, burial, or funeral expenses shall
1.17be paid if the estate of the deceased is sufficient to pay such expenses or if the spouse,
1.18who was legally responsible for the support of the deceased while living, is able to pay
1.19such expenses; provided, that the additional payment or donation of the cost of cemetery
1.20lot, interment, religious service, or for the transportation of the body into or out of the
1.21community in which the deceased resided, shall not limit payment by the county agency
1.22as herein authorized. Freedom of choice in the selection of a funeral director shall be
1.23granted to persons lawfully authorized to make arrangements for the cremation or burial
1.24of any such deceased recipient. In determining the sufficiency of such estate, due regard
1.25shall be had for the nature and marketability of the assets of the estate. The county agency
1.26may grant cremation, burial, or funeral expenses where the sale would cause undue loss to
1.27the estate. Any amount paid for cremation, burial, or funeral expenses shall be a prior
2.1claim against the estate, as provided in section 524.3-805, and any amount recovered
2.2shall be reimbursed to the agency which paid the expenses. The commissioner shall
2.3specify requirements for reports, including fiscal reports, according to section 256.01,
2.4subdivision 2 , paragraph (17) (q). The state share shall pay the entire amount of county
2.5agency expenditures. Benefits shall be issued to recipients by the state or county subject to
2.6provisions of section 256.017. "
2.7Page 7, delete section 10, and insert:

2.8    "Sec. 10. Minnesota Statutes 2008, section 261.035, is amended to read:
2.9261.035 CREMATION, BURIAL, AND FUNERALS AT EXPENSE OF
2.10COUNTY.
2.11When a person dies in any county without apparent means to provide for that
2.12person's funeral or final disposition, the county board shall first investigate to determine
2.13whether that person had contracted for any prepaid funeral arrangements. If prepaid
2.14arrangements have been made, the county shall authorize arrangements to be implemented
2.15in accord with the instructions of the deceased. If it is determined that the person did not
2.16leave sufficient means to defray the necessary expenses of a funeral and final disposition,
2.17nor any spouse of sufficient ability to procure the burial, the county board shall provide
2.18pay for a funeral and final disposition cremation of the person's remains and their burial or
2.19internment if the spouse or next of kin does not want to take possession of the ashes to be
2.20made at the expense of the county. If it is determined that cremation is not in accordance
2.21with the decedent's personal preferences or the known practices of the decedent's faith
2.22tradition or the personal preferences of the decedent's spouse or the decedent's next of
2.23kin, the county board shall provide for a burial and funeral. Any burial, funeral and final
2.24disposition provided at the expense of the county shall be in accordance with religious and
2.25moral beliefs of the decedent or personal preferences or known practices of the decedent's
2.26faith tradition or the personal preferences of the decedent's spouse or the decedent's next
2.27of kin. If neither the wishes of the decedent are not known , nor the practices of the
2.28decedent's faith tradition are known, and the county has no information about the existence
2.29of or location of any next of kin, the county may determine the method of final disposition
2.30shall provide for cremation of the person's remains."