HB 295 — PREPAID FUNERAL/BURIAL
Last action — Session Sine Die
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Session Sine Die
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Rule 3-9(a) / Re-referred to Assignments
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To Licensed Activities- Special Issues
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Sponsor Removed Sen. Jacqueline Y. Collins
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Added as Alternate Co-Sponsor Sen. Jason A. Barickman
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Assigned to Licensed Activities
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Added as Alternate Co-Sponsor Sen. Karina Villa
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Added as Alternate Co-Sponsor Sen. John Connor
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Added as Alternate Co-Sponsor Sen. Adriane Johnson
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Added as Alternate Co-Sponsor Sen. Laura Fine
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Added as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
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Added as Alternate Chief Co-Sponsor Sen. Jason Plummer
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Sara Feigenholtz
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Added Co-Sponsor Rep. Amy Grant
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House Floor Amendment No. 3 Tabled Pursuant to Rule 40
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Third Reading - Short Debate - Passed 114-000-002
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted
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House Floor Amendment No. 2 Recommends Be Adopted Insurance Committee; 015-000-000
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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House Floor Amendment No. 3 Rules Refers to Insurance Committee
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. Natalie A. Manley
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House Floor Amendment No. 2 Rules Refers to Insurance Committee
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Added Co-Sponsor Rep. Joyce Mason
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Added Co-Sponsor Rep. Chris Miller
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Natalie A. Manley
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Added Co-Sponsor Rep. Katie Stuart
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Insurance Committee; 014-005-000
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House Committee Amendment No. 1 Adopted in Insurance Committee; by Voice Vote
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Added Chief Co-Sponsor Rep. Anthony DeLuca
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Added Chief Co-Sponsor Rep. Jonathan Carroll
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House Committee Amendment No. 1 Rules Refers to Insurance Committee
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House Committee Amendment No. 1 Referred to Rules Committee
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House Committee Amendment No. 1 Filed with Clerk by Rep. Natalie A. Manley
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Assigned to Insurance Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Natalie A. Manley
Sponsors
- Natalie A. Manley · Primary
- Jonathan Carroll · Cosponsor
- Anthony DeLuca · Cosponsor
- Katie Stuart · Cosponsor
- Chris Miller · Cosponsor
- Joyce Mason · Cosponsor
- Amy L. Grant · Cosponsor
- Sara Feigenholtz · Primary
- Jason Plummer · Cosponsor
- Laura Fine · Cosponsor
- Adriane L. Johnson · Cosponsor
- John Connor · Cosponsor
- Karina Villa · Cosponsor
- Jason A. Barickman · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 12 co-sponsors · 169 not signed on
Sponsors (2)
- Natalie A. Manley Democrat
- Sara Feigenholtz Democrat
Co-sponsors (12)
- Jonathan Carroll
- Anthony DeLuca Democrat
- Katie Stuart Democrat
- Chris Miller Republican
- Joyce Mason Democrat
- Amy L. Grant Republican
- Jason Plummer Republican
- Laura Fine Democrat
- Adriane L. Johnson Democrat
- John Connor
- Karina Villa Democrat
- Jason A. Barickman
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 0 |
| Democrat | 52 | 0 | 0 | 2 |
| Republican | 24 | 0 | 0 | 2 |
| Total | 114 | 0 | 0 | 4 |
| % 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 |
Subjects
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?
- Track HB 295 free on One Click Politics — get push/email alerts when it moves.
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