Illinois General Assembly - Bill Status for HB4979
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 Bill Status of HB4979  102nd General Assembly


Short Description:  PREPAID FUNERAL/BURIAL

House Sponsors
Rep. Natalie A. Manley - Norine K. Hammond - Stephanie A. Kifowit - Katie Stuart, Dan Caulkins, Joyce Mason, Andrew S. Chesney, Daniel Swanson, William Davis, Jay Hoffman, Barbara Hernandez, Michelle Mussman, Adam Niemerg, Ryan Spain, Theresa Mah, Terra Costa Howard, Frances Ann Hurley, Amy Elik, Michael T. Marron, Chris Miller, Brad Halbrook, LaToya Greenwood, Mark Luft, Tony McCombie, Dagmara Avelar, Janet Yang Rohr, Amy Grant, Tom Weber, Jawaharial Williams, Denyse Wang Stoneback and Camille Y. Lilly

Senate Sponsors
(Sen. Don Harmon - Laura Fine - Jacqueline Y. Collins - Christopher Belt - Jason Plummer, Terri Bryant, Win Stoller, Doris Turner, Craig Wilcox, Ram Villivalam, Adriane Johnson, Patricia Van Pelt, Diane Pappas, Dale Fowler, Donald P. DeWitte, Darren Bailey, Chapin Rose, Brian W. Stewart and Robert F. Martwick)

Last Action
DateChamber Action
  5/27/2022HousePublic Act . . . . . . . . . 102-0959

Statutes Amended In Order of Appearance
215 ILCS 5/245.3 new
225 ILCS 45/2a
225 ILCS 45/2b new
305 ILCS 5/3-1.2from Ch. 23, par. 3-1.2


Synopsis As Introduced
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 the policy of whole life insurance to sign a guaranteed pre-need contract with the provider that describes the cost of the goods and services to be provided upon the person's death, up to $6,774, except that any portion of a contract that clearly represents the purchase of burial space is exempt regardless of value. Amends the Aid to the Aged, Blind or Disabled Article of the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before the Department makes a final determination of eligibility, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts. Exempts up to $6,774 (rather than $5,874) in funds under an irrevocable prepaid funeral or burial contract when determining an individual's resources and eligibility for medical assistance. Contains provisions concerning exemptions; irrevocable designation of beneficiary forms; and other matters.

House Committee Amendment No. 1
Deletes reference to:
215 ILCS 5/245.3 new
225 ILCS 45/2a
225 ILCS 45/2b new

Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. In a provision requiring the Department of Human Services to exempt certain prepaid funeral or burial contracts from consideration when making an eligibility determination for medical assistance, provides that at any time after submitting an application for medical assistance and before a final determination of eligibility has been made by the Department, an applicant may use available resources to purchase one of the exempted prepaid funeral or burial contracts.

Senate Committee Amendment No. 1
Adds reference to:
215 ILCS 5/245.3 new
225 ILCS 45/2a
225 ILCS 45/2b new

Replaces everything after the enacting clause. 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.

Actions 
DateChamber Action
  1/26/2022HouseFiled with the Clerk by Rep. Natalie A. Manley
  1/27/2022HouseFirst Reading
  1/27/2022HouseReferred to Rules Committee
  1/28/2022HouseAdded Chief Co-Sponsor Rep. Norine K. Hammond
  1/28/2022HouseAdded Co-Sponsor Rep. Dan Caulkins
  2/1/2022HouseAdded Co-Sponsor Rep. Joyce Mason
  2/4/2022HouseAdded Chief Co-Sponsor Rep. Stephanie A. Kifowit
  2/9/2022HouseAdded Co-Sponsor Rep. Andrew S. Chesney
  2/9/2022HouseAdded Co-Sponsor Rep. Daniel Swanson
  2/9/2022HouseAssigned to Insurance Committee
  2/10/2022HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Natalie A. Manley
  2/10/2022HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/10/2022HouseAdded Co-Sponsor Rep. William Davis
  2/10/2022HouseAdded Co-Sponsor Rep. Jay Hoffman
  2/10/2022HouseAdded Co-Sponsor Rep. Barbara Hernandez
  2/10/2022HouseAdded Co-Sponsor Rep. Michelle Mussman
  2/10/2022HouseAdded Co-Sponsor Rep. Adam Niemerg
  2/10/2022HouseAdded Co-Sponsor Rep. Ryan Spain
  2/10/2022HouseAdded Co-Sponsor Rep. Theresa Mah
  2/10/2022HouseAdded Co-Sponsor Rep. Terra Costa Howard
  2/10/2022HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  2/10/2022HouseAdded Co-Sponsor Rep. Amy Elik
  2/10/2022HouseAdded Co-Sponsor Rep. Michael T. Marron
  2/10/2022HouseAdded Co-Sponsor Rep. Chris Miller
  2/14/2022HouseAdded Chief Co-Sponsor Rep. Katie Stuart
  2/14/2022HouseAdded Co-Sponsor Rep. Brad Halbrook
  2/14/2022HouseAdded Co-Sponsor Rep. LaToya Greenwood
  2/15/2022HouseHouse Committee Amendment No. 1 Rules Refers to Insurance Committee
  2/15/2022HouseAdded Co-Sponsor Rep. Mark Luft
  2/15/2022HouseHouse Committee Amendment No. 1 Adopted in Insurance Committee; by Voice Vote
  2/15/2022HouseDo Pass as Amended / Short Debate Insurance Committee; 016-000-000
  2/15/2022HouseAdded Co-Sponsor Rep. Tony McCombie
  2/16/2022HousePlaced on Calendar 2nd Reading - Short Debate
  2/22/2022HouseSecond Reading - Short Debate
  2/22/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/23/2022HouseAdded Co-Sponsor Rep. Dagmara Avelar
  2/24/2022HouseAdded Co-Sponsor Rep. Janet Yang Rohr
  3/1/2022HouseThird Reading - Short Debate - Passed 109-000-000
  3/1/2022HouseAdded Co-Sponsor Rep. Amy Grant
  3/2/2022SenateArrive in Senate
  3/2/2022SenatePlaced on Calendar Order of First Reading
  3/2/2022SenateChief Senate Sponsor Sen. John Connor
  3/2/2022SenateFirst Reading
  3/2/2022SenateReferred to Assignments
  3/8/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Laura Fine
  3/10/2022SenateAdded as Alternate Co-Sponsor Sen. Terri Bryant
  3/10/2022SenateAdded as Alternate Co-Sponsor Sen. Win Stoller
  3/10/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/14/2022SenateAdded as Alternate Co-Sponsor Sen. Doris Turner
  3/17/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Christopher Belt
  4/4/2022SenateAssigned to Insurance
  4/4/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Jason Plummer
  4/4/2022SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John Connor
  4/4/2022SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/4/2022SenateRule 2-10 Third Reading Deadline Established As April 8, 2022
  4/4/2022SenateRule 2-10 Committee Deadline Established As April 8, 2022
  4/4/2022SenateSenate Committee Amendment No. 1 Assignments Refers to Insurance
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Craig Wilcox
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Ram Villivalam
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Diane Pappas
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Dale Fowler
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Donald P. DeWitte
  4/5/2022SenateWaive Posting Notice
  4/5/2022SenateSenate Committee Amendment No. 1 Adopted
  4/5/2022SenateDo Pass as Amended Insurance; 008-000-000
  4/5/2022SenatePlaced on Calendar Order of 2nd Reading
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Darren Bailey
  4/5/2022SenateAdded as Alternate Co-Sponsor Sen. Chapin Rose
  4/5/2022SenateSecond Reading
  4/5/2022SenatePlaced on Calendar Order of 3rd Reading April 6, 2022
  4/6/2022SenateAdded as Alternate Co-Sponsor Sen. Brian W. Stewart
  4/6/2022SenateThird Reading - Passed; 053-000-000
  4/6/2022HouseArrived in House
  4/6/2022HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  4/6/2022HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Natalie A. Manley
  4/6/2022HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/7/2022HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Insurance Committee
  4/7/2022HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Insurance Committee; 017-000-000
  4/7/2022HouseAdded Co-Sponsor Rep. Tom Weber
  4/7/2022SenateAdded as Alternate Co-Sponsor Sen. Robert F. Martwick
  4/7/2022HouseSenate Committee Amendment No. 1 House Concurs 113-000-000
  4/7/2022HouseHouse Concurs
  4/7/2022HousePassed Both Houses
  4/7/2022HouseAdded Co-Sponsor Rep. Jawaharial Williams
  4/7/2022HouseAdded Co-Sponsor Rep. Denyse Wang Stoneback
  4/7/2022HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/30/2022SenateAlternate Chief Sponsor Changed to Sen. Don Harmon
  5/6/2022HouseSent to the Governor
  5/27/2022HouseGovernor Approved
  5/27/2022HouseEffective Date May 27, 2022
  5/27/2022HousePublic Act . . . . . . . . . 102-0959

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