IL HB4979 | 2021-2022 | 102nd General Assembly
Status
Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on May 27 2022 - 100% progression
Action: 2022-05-27 - Public Act . . . . . . . . . 102-0959
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Bipartisan Bill
Status: Passed on May 27 2022 - 100% progression
Action: 2022-05-27 - Public Act . . . . . . . . . 102-0959
Text: Latest bill text (Chaptered) [HTML]
Summary
Amends the Illinois Insurance Code. Provides that an insured or any other person who may be the owner of rights under a policy of life insurance may make an irrevocable assignment of all or a part of his or her rights under the policy to a funeral home in accordance with a specified provision of the Illinois Funeral or Burial Funds Act. Provides that a policy owner who executes a designation beneficiary form irrevocably waives and cannot exercise certain rights. Amends the Illinois Funeral or Burial Funds Act. In a provision concerning pre-need contracts funded through the purchase of a life insurance policy or tax-deferred annuity contract, provides that nothing shall prohibit the purchaser from irrevocably assigning ownership of the policy or annuity to a person or trust or from irrevocably assigning the benefits of the policy or annuity to a funeral home for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program. Requires the insured or any other person who may be the owner of rights under an existing policy of life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. Provides that the form to effectuate the irrevocable assignment and thereby provide for the irrevocable designation of beneficiary of one or more life insurance policies shall be prepared by the Department of Healthcare and Family Services or such form, approved by the Department of Healthcare and Family Services, that has been prepared by an insurance company licensed to operate in the State of Illinois. Contains provisions concerning disclosure statements under pre-need contracts with cash advances; the distribution of proceeds under a life insurance policy upon the death of the insured; and other matters. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. Provides that at any time prior to or after submitting an application for medical assistance and before a final determination of eligibility has been made, an applicant may use available resources to purchase one of the prepaid funeral or burial contracts exempted under the Article. Provides that existing life insurance policies are exempt if there has been an irrevocable assignment in compliance with a specified provision under the Illinois Funeral or Burial Funds Act. Requires a person to sign a contract with a funeral home, which is licensed under the Illinois Funeral or Burial Funds Act, that describes the cost of the funeral goods and services to be provided upon the person's death, up to $7,248, except that any portion of a contract that clearly represents the purchase of burial space, as that term is defined for purposes of the Supplemental Security Income program, is exempt regardless of value. Provides that the amount shall be adjusted annually for any increase in the Consumer Price Index. Requires the licensed funeral home to which the life insurance policy benefits have been irrevocably assigned to retain copies for inspection by the Comptroller and to report annually to the Comptroller certain information. Provides that certain provisions under the amendatory Act shall be subject to federal approval. Requires the Department of Healthcare and Family Services to apply for any necessary federal waivers or approvals to implement certain changes made under the amendatory Act. Effective immediately.
Title
PREPAID FUNERAL/BURIAL
Sponsors
Roll Calls
2022-04-07 - House - Concurrence in House (Y: 113 N: 0 NV: 1 Abs: 0) [PASS]
2022-04-06 - Senate - Third Reading in Senate (Y: 53 N: 0 NV: 6 Abs: 0) [PASS]
2022-03-01 - House - Third Reading in House (Y: 109 N: 0 NV: 1 Abs: 1) [PASS]
2022-04-06 - Senate - Third Reading in Senate (Y: 53 N: 0 NV: 6 Abs: 0) [PASS]
2022-03-01 - House - Third Reading in House (Y: 109 N: 0 NV: 1 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-05-27 | House | Public Act . . . . . . . . . 102-0959 |
| 2022-05-27 | House | Effective Date May 27, 2022 |
| 2022-05-27 | House | Governor Approved |
| 2022-05-06 | House | Sent to the Governor |
| 2022-04-30 | Senate | Alternate Chief Sponsor Changed to Sen. Don Harmon |
| 2022-04-07 | House | Added Co-Sponsor Rep. Camille Y. Lilly |
| 2022-04-07 | House | Added Co-Sponsor Rep. Denyse Wang Stoneback |
| 2022-04-07 | House | Added Co-Sponsor Rep. Jawaharial Williams |
| 2022-04-07 | House | Passed Both Houses |
| 2022-04-07 | House | House Concurs |
| 2022-04-07 | House | Senate Committee Amendment No. 1 House Concurs 113-000-000 |
| 2022-04-07 | Senate | Added as Alternate Co-Sponsor Sen. Robert F. Martwick |
| 2022-04-07 | House | Added Co-Sponsor Rep. Tom Weber |
| 2022-04-07 | House | Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Insurance Committee; 017-000-000 |
| 2022-04-07 | House | Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Insurance Committee |
| 2022-04-06 | House | Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee |
| 2022-04-06 | House | Senate Committee Amendment No. 1 Motion Filed Concur Rep. Natalie A. Manley |
| 2022-04-06 | House | Placed on Calendar Order of Concurrence Senate Amendment(s) 1 |
| 2022-04-06 | House | Arrived in House |
| 2022-04-06 | Senate | Third Reading - Passed; 053-000-000 |
| 2022-04-06 | Senate | Added as Alternate Co-Sponsor Sen. Brian W. Stewart |
| 2022-04-05 | Senate | Placed on Calendar Order of 3rd Reading April 6, 2022 |
| 2022-04-05 | Senate | Second Reading |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Chapin Rose |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Darren Bailey |
| 2022-04-05 | Senate | Placed on Calendar Order of 2nd Reading |
| 2022-04-05 | Senate | Do Pass as Amended Insurance; 008-000-000 |
| 2022-04-05 | Senate | Senate Committee Amendment No. 1 Adopted |
| 2022-04-05 | Senate | Waive Posting Notice |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Donald P. DeWitte |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Dale Fowler |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Diane Pappas |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Patricia Van Pelt |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Adriane Johnson |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Ram Villivalam |
| 2022-04-05 | Senate | Added as Alternate Co-Sponsor Sen. Craig Wilcox |
| 2022-04-04 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Insurance |
| 2022-04-04 | Senate | Rule 2-10 Committee Deadline Established As April 8, 2022 |
| 2022-04-04 | Senate | Rule 2-10 Third Reading Deadline Established As April 8, 2022 |
| 2022-04-04 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 2022-04-04 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. John Connor |
| 2022-04-04 | Senate | Added as Alternate Chief Co-Sponsor Sen. Jason Plummer |
| 2022-04-04 | Senate | Assigned to Insurance |
| 2022-03-17 | Senate | Added as Alternate Chief Co-Sponsor Sen. Christopher Belt |
| 2022-03-14 | Senate | Added as Alternate Co-Sponsor Sen. Doris Turner |
| 2022-03-10 | Senate | Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins |
| 2022-03-10 | Senate | Added as Alternate Co-Sponsor Sen. Win Stoller |
| 2022-03-10 | Senate | Added as Alternate Co-Sponsor Sen. Terri Bryant |
| 2022-03-08 | Senate | Added as Alternate Chief Co-Sponsor Sen. Laura Fine |
| 2022-03-02 | Senate | Referred to Assignments |
| 2022-03-02 | Senate | First Reading |
| 2022-03-02 | Senate | Chief Senate Sponsor Sen. John Connor |
| 2022-03-02 | Senate | Placed on Calendar Order of First Reading |
| 2022-03-02 | Senate | Arrive in Senate |
| 2022-03-01 | House | Added Co-Sponsor Rep. Amy Grant |
| 2022-03-01 | House | Third Reading - Short Debate - Passed 109-000-000 |
| 2022-02-24 | House | Added Co-Sponsor Rep. Janet Yang Rohr |
| 2022-02-23 | House | Added Co-Sponsor Rep. Dagmara Avelar |
| 2022-02-22 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 2022-02-22 | House | Second Reading - Short Debate |
| 2022-02-16 | House | Placed on Calendar 2nd Reading - Short Debate |
| 2022-02-15 | House | Added Co-Sponsor Rep. Tony McCombie |
| 2022-02-15 | House | Do Pass as Amended / Short Debate Insurance Committee; 016-000-000 |
| 2022-02-15 | House | House Committee Amendment No. 1 Adopted in Insurance Committee; by Voice Vote |
| 2022-02-15 | House | Added Co-Sponsor Rep. Mark Luft |
| 2022-02-15 | House | House Committee Amendment No. 1 Rules Refers to Insurance Committee |
| 2022-02-14 | House | Added Co-Sponsor Rep. LaToya Greenwood |
| 2022-02-14 | House | Added Co-Sponsor Rep. Brad Halbrook |
| 2022-02-14 | House | Added Chief Co-Sponsor Rep. Katie Stuart |
| 2022-02-10 | House | Added Co-Sponsor Rep. Chris Miller |
| 2022-02-10 | House | Added Co-Sponsor Rep. Michael T. Marron |
| 2022-02-10 | House | Added Co-Sponsor Rep. Amy Elik |
| 2022-02-10 | House | Added Co-Sponsor Rep. Frances Ann Hurley |
| 2022-02-10 | House | Added Co-Sponsor Rep. Terra Costa Howard |
| 2022-02-10 | House | Added Co-Sponsor Rep. Theresa Mah |
| 2022-02-10 | House | Added Co-Sponsor Rep. Ryan Spain |
| 2022-02-10 | House | Added Co-Sponsor Rep. Adam Niemerg |
| 2022-02-10 | House | Added Co-Sponsor Rep. Michelle Mussman |
| 2022-02-10 | House | Added Co-Sponsor Rep. Barbara Hernandez |
| 2022-02-10 | House | Added Co-Sponsor Rep. Jay Hoffman |
| 2022-02-10 | House | Added Co-Sponsor Rep. William Davis |
| 2022-02-10 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 2022-02-10 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Natalie A. Manley |
| 2022-02-09 | House | Assigned to Insurance Committee |
| 2022-02-09 | House | Added Co-Sponsor Rep. Daniel Swanson |
| 2022-02-09 | House | Added Co-Sponsor Rep. Andrew S. Chesney |
| 2022-02-04 | House | Added Chief Co-Sponsor Rep. Stephanie A. Kifowit |
| 2022-02-01 | House | Added Co-Sponsor Rep. Joyce Mason |
| 2022-01-28 | House | Added Co-Sponsor Rep. Dan Caulkins |
| 2022-01-28 | House | Added Chief Co-Sponsor Rep. Norine K. Hammond |
| 2022-01-27 | House | Referred to Rules Committee |
| 2022-01-27 | House | First Reading |
| 2022-01-26 | House | Filed with the Clerk by Rep. Natalie A. Manley |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 215 | 5 | 245.3 | New Code | See Bill Text |
| 225 | 45 | 2a | Amended Code | Citation Text |
| 225 | 45 | 2b | New Code | See Bill Text |
| 305 | 5 | 3-1.2 | Amended Code | Citation Text |
