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 Bill Status of HB3486  100th General Assembly


Short Description:  FUNERAL/BURIAL-PRE-NEED SALES

House Sponsors
Rep. Dan Brady

Last Action
DateChamber Action
  4/28/2017HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
225 ILCS 45/1from Ch. 111 1/2, par. 73.101
225 ILCS 45/1afrom Ch. 111 1/2, par. 73.101a
225 ILCS 45/1c new
815 ILCS 390/4from Ch. 21, par. 204
815 ILCS 390/15from Ch. 21, par. 215
815 ILCS 390/15.5 new
815 ILCS 390/17from Ch. 21, par. 217


Synopsis As Introduced
Amends the Illinois Funeral or Burial Funds Act. Limits certain provisions concerning payment under pre-need contracts to pre-need contracts entered into prior to the effective date of the amendatory Act. Makes changes to the definition of "seller". Provides that, before a seller and purchaser enter into a pre-need contract or pre-need sales contract, the seller must disclose and fully explain certain funding options. Provides that, if a pre-need contract includes the sale of funeral services and merchandise: (1) the seller must be a funeral director licensed under the Funeral Directors and Embalmers Licensing Code who is employed at the time of the sale of the contract by the funeral establishment through which the funeral services and merchandise will be provided, (2) the contract must be filled out by a funeral director licensed under the Funeral Directors and Embalmers Licensing Code, and (3) the contract may only be executed by a funeral director licensed under the Funeral Directors and Embalmers Licensing Code. Amends the Illinois Pre-Need Cemetery Sales Act. Provides that sellers of pre-need sales contracts must be licensed by the Department of Financial and Professional Regulation, and requires specified continuing education. Limits certain provisions concerning payment under pre-need contracts to pre-need contracts entered into prior to the effective date of the amendatory Act. Provides that, before a seller and purchaser enter into a pre-need contract or pre-need sales contract, the seller must disclose and fully explain certain funding options. Makes other changes. Effective immediately.

House Committee Amendment No. 1
In provisions amending the Illinois Pre-Need Cemetery Sales Act, provides that an agreement or contract for or a private sale of a casket, urn, or floral arrangement shall not be deemed a pre-need sales contract or a pre-need sale under specified circumstances.

 Fiscal Note, House Committee Amendment No. 1 (Office of the Comptroller)
 HB 3486 (H-AM 1) will have no direct fiscal impact on the Office of the Comptroller. In regards to allowing for pre-need sales funds to be deposited without corporate fiduciary protections, we believe this change would put funds at greater risk and potentially expose consumers to higher or hidden fees associated with these deposits. Therefore, there would be a negative fiscal impact on consumers.

 Fiscal Note, House Committee Amendment No. 1 (Financial & Professional Regulation)
 The Illinois Department of Financial and Professional Regulation anticipates HB 3486 (H-AM 1) to have a fiscal impact of $207,238 based off costs projected for additional staffing needs.

Actions 
DateChamber Action
  2/10/2017HouseFiled with the Clerk by Rep. Daniel V. Beiser
  2/10/2017HouseFirst Reading
  2/10/2017HouseReferred to Rules Committee
  2/10/2017HouseChief Sponsor Changed to Rep. Dan Brady
  2/22/2017HouseAssigned to Executive Committee
  3/7/2017HouseRe-assigned to Business & Occupational Licenses Committee
  3/7/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Dan Brady
  3/7/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/9/2017HouseHouse Committee Amendment No. 1 Rules Refers to Business & Occupational Licenses Committee
  3/22/2017HouseRecommends Do Pass Subcommittee/ Business & Occupational Licenses Committee; 002-001-000
  3/22/2017HouseRemains in Business & Occupational Licenses Committee
  3/22/2017HouseHouse Committee Amendment No. 1 Adopted in Business & Occupational Licenses Committee; by Voice Vote
  3/22/2017HouseDo Pass as Amended / Short Debate Business & Occupational Licenses Committee; 006-003-000
  3/23/2017HousePlaced on Calendar 2nd Reading - Short Debate
  4/24/2017HouseSecond Reading - Short Debate
  4/24/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2017HouseRecalled to Second Reading - Short Debate
  4/24/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  4/24/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Dan Brady
  4/24/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/25/2017HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Marcus C. Evans, Jr.
  4/26/2017HouseHouse Floor Amendment No. 2 Rules Refers to Business & Occupational Licenses Committee
  4/27/2017HouseHouse Floor Amendment No. 2 Recommends Be Adopted Business & Occupational Licenses Committee; 005-002-000
  4/27/2017HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/27/2017HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/28/2017HouseRule 19(a) / Re-referred to Rules Committee

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