Illinois 102nd Regular Session Status: Passed House Bipartisan · 8 D · 3 R cosponsors

HB 295 — PREPAID FUNERAL/BURIAL

Last action — Session Sine Die

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 102nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Insurance Code. Provides that no provision of the Illinois Insurance Code or any other law prohibits an insured under any policy of life insurance, or any other person who may be the owner of any rights under such policy, from making an irrevocable assignment of all or any part of his or her rights and privileges, not to exceed the purchase price of the prepaid burial contract, under the policy to a funeral home and to have an individual policy issued in accordance with specified provisions of the Illinois Insurance Code. Amends the Illinois Funeral or Burial Funds Act. Provides that nothing shall prohibit the purchaser of a life insurance policy or tax-deferred annuity contract for the purpose of funding a pre-need contract from irrevocably assigning ownership of the policy or annuity to a funeral home (rather than person) or trust for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program, as permitted under federal law. Amends the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family 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. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but without the amendatory changes made to the Illinois Insurance Code and the Illinois Funeral or Burial Funds Act. House Floor Amendment No. 2 Adds reference to: 215 ILCS 5/245.3 new 225 ILCS 45/1a from Ch. 111 1/2, par. 73.101a 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, including the right to collect from the insurance company the net proceeds of the policy when it becomes a claim by death and the right to collect or receive income, distributions, or shares of surplus, dividend deposits, refunds of premium, or additions to the policy. 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. Provides that the form prepared by the Department of Healthcare and Family Services or by the insurance company shall provide for an irrevocable designation of beneficiary of one or more life insurance policies. 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 funeral goods and services to be provided upon the person's death, up to $6,774, in addition to the purchase of burial spaces as defined under the Act. Requires the licensee to annually report certain information to the Comptroller. Requires the proceeds of the life insurance policy to be paid to the provider and disbursed in a certain order upon the death of the insured. Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family 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. Provides that existing life insurance policies are exempt if there has been an irrevocable declaration of proceeds at the death of the insured. Requires the insured person to sign an irrevocable designation of beneficiary form declaring that any amounts payable from the policies not used for funeral goods and services shall be received by the State up to an amount equal to the total medical assistance paid on behalf of the person with any remaining funds paid to a secondary beneficiary (if any) listed on the policy.

Bill Text

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Session Sine Die

  2. Rule 3-9(a) / Re-referred to Assignments

  3. To Licensed Activities- Special Issues

  4. Sponsor Removed Sen. Jacqueline Y. Collins

  5. Added as Alternate Co-Sponsor Sen. Jason A. Barickman

  6. Assigned to Licensed Activities

  7. Added as Alternate Co-Sponsor Sen. Karina Villa

  8. Added as Alternate Co-Sponsor Sen. John Connor

  9. Added as Alternate Co-Sponsor Sen. Adriane Johnson

  10. Added as Alternate Co-Sponsor Sen. Laura Fine

  11. Added as Alternate Co-Sponsor Sen. Jacqueline Y. Collins

  12. Added as Alternate Chief Co-Sponsor Sen. Jason Plummer

  13. Referred to Assignments

  14. First Reading

  15. Chief Senate Sponsor Sen. Sara Feigenholtz

  16. Placed on Calendar Order of First Reading

  17. Arrive in Senate

  18. Added Co-Sponsor Rep. Amy Grant

  19. House Floor Amendment No. 3 Tabled Pursuant to Rule 40

  20. Third Reading - Short Debate - Passed 114-000-002

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 2 Adopted

  23. House Floor Amendment No. 2 Recommends Be Adopted Insurance Committee; 015-000-000

  24. Held on Calendar Order of Second Reading - Short Debate

  25. Second Reading - Short Debate

  26. House Floor Amendment No. 3 Rules Refers to Insurance Committee

  27. House Floor Amendment No. 3 Referred to Rules Committee

  28. House Floor Amendment No. 3 Filed with Clerk by Rep. Natalie A. Manley

  29. House Floor Amendment No. 2 Rules Refers to Insurance Committee

  30. Added Co-Sponsor Rep. Joyce Mason

  31. Added Co-Sponsor Rep. Chris Miller

  32. House Floor Amendment No. 2 Referred to Rules Committee

  33. House Floor Amendment No. 2 Filed with Clerk by Rep. Natalie A. Manley

  34. Added Co-Sponsor Rep. Katie Stuart

  35. Placed on Calendar 2nd Reading - Short Debate

  36. Do Pass as Amended / Short Debate Insurance Committee; 014-005-000

  37. House Committee Amendment No. 1 Adopted in Insurance Committee; by Voice Vote

  38. Added Chief Co-Sponsor Rep. Anthony DeLuca

  39. Added Chief Co-Sponsor Rep. Jonathan Carroll

  40. House Committee Amendment No. 1 Rules Refers to Insurance Committee

  41. House Committee Amendment No. 1 Referred to Rules Committee

  42. House Committee Amendment No. 1 Filed with Clerk by Rep. Natalie A. Manley

  43. Assigned to Insurance Committee

  44. Referred to Rules Committee

  45. First Reading

  46. Filed with the Clerk by Rep. Natalie A. Manley

Sponsors

Sponsorship breakdown

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2 sponsors · 12 co-sponsors · 169 not signed on

Sponsors (2)

Co-sponsors (12)

Not signed on (169)

169 members have not signed on to this bill.

Show all 169 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democrat 52002
Republican 24002
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ozinga — Yea
Batinick — Yea
Ramirez — Yea
Bennett — Yea
Bos — Yea
Bourne — Yea
Robinson — Yea
Harris — Yea
Brady — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Yingling — Yea
Zalewski — Yea
Greenwood — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Sommer — Yea
Hurley — Yea
Caulkins — Yea
Jones — Yea
Conroy — Yea
Stoneback — Yea
Luft — Yea
D'Amico — Yea
Davis — Yea
Marron — Yea
Demmer — Yea
Welter — Yea
Mazzochi — Yea
Costa Howard — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Aarón M. Ortíz Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Edgar González, Jr. Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Not Voting
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Jackie Haas Republican Yea
Jeff Keicher Republican Not Voting
Joe C. Sosnowski Republican Yea
Martin McLaughlin Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Paul Jacobs Republican Yea
Ryan Spain Republican Yea
Seth Lewis Republican Not Voting
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 295 do?
Amends the Illinois Insurance Code. Provides that no provision of the Illinois Insurance Code or any other law prohibits an insured under any policy of life insurance, or any other person who may be the owner of any rights under such policy, from making an irrevocable assignment of all or any part of his or her rights and privileges, not to exceed the purchase price of the prepaid burial contract, under the policy to a funeral home and to have an individual policy issued in accordance with specified provisions of the Illinois Insurance Code. Amends the Illinois Funeral or Burial Funds Act. Provides that nothing shall prohibit the purchaser of a life insurance policy or tax-deferred annuity contract for the purpose of funding a pre-need contract from irrevocably assigning ownership of the policy or annuity to a funeral home (rather than person) or trust for the purpose of obtaining favorable consideration for Medicaid, Supplemental Security Income, or another public assistance program, as permitted under federal law. Amends the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family 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. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/245.3 new 225 ILCS 45/2a Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill but without the amendatory changes made to the Illinois Insurance Code and the Illinois Funeral or Burial Funds Act. House Floor Amendment No. 2 Adds reference to: 215 ILCS 5/245.3 new 225 ILCS 45/1a from Ch. 111 1/2, par. 73.101a 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, including the right to collect from the insurance company the net proceeds of the policy when it becomes a claim by death and the right to collect or receive income, distributions, or shares of surplus, dividend deposits, refunds of premium, or additions to the policy. 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. Provides that the form prepared by the Department of Healthcare and Family Services or by the insurance company shall provide for an irrevocable designation of beneficiary of one or more life insurance policies. 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 funeral goods and services to be provided upon the person's death, up to $6,774, in addition to the purchase of burial spaces as defined under the Act. Requires the licensee to annually report certain information to the Comptroller. Requires the proceeds of the life insurance policy to be paid to the provider and disbursed in a certain order upon the death of the insured. Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family 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. Provides that existing life insurance policies are exempt if there has been an irrevocable declaration of proceeds at the death of the insured. Requires the insured person to sign an irrevocable designation of beneficiary form declaring that any amounts payable from the policies not used for funeral goods and services shall be received by the State up to an amount equal to the total medical assistance paid on behalf of the person with any remaining funds paid to a secondary beneficiary (if any) listed on the policy.
Who sponsors HB 295?
HB 295 is sponsored by Natalie A. Manley (Democrat), Jonathan Carroll, Anthony DeLuca (Democrat), Katie Stuart (Democrat), Chris Miller (Republican), Joyce Mason (Democrat), Amy L. Grant (Republican), Sara Feigenholtz (Democrat), Jason Plummer (Republican), Laura Fine (Democrat), Adriane L. Johnson (Democrat), John Connor, Karina Villa (Democrat), and Jason A. Barickman.
What is the current status of HB 295?
This bill died with 102nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 295?
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