PRENEED-FUNERAL BURIAL CEMETRY Senate SponsorsSen. Deanna Demuzio-Edward D. Maloney-Kwame Raoul-Pamela J. Althoff-A. J. Wilhelmi, John O. Jones, James T. Meeks, Gary Forby, William R. Haine, James F. Clayborne, Jr., Tim Bivins, Dale A. Righter, Kyle McCarter, Toi W. Hutchinson, Linda Holmes, Heather Steans, Michael W. Frerichs, John M. Sullivan, Louis S. Viverito, David Koehler, M. Maggie Crotty and Dan Kotowski House Sponsors(Rep. Lisa M. Dugan-David E. Miller-Jack D. Franks-William D. Burns-Monique D. Davis, Careen M. Gordon, Joseph M. Lyons, Daniel J. Burke, Robert Rita and William Davis) 2/2/2010SenatePublic Act . . . . . . . . . 96-0879 15 ILCS 405/1from Ch. 15, par. 201Amends the State Comptroller Act. Makes technical changes in a Section concerning the short title.House Committee Amendment No. 1 Deletes reference to:15 ILCS 405/1Adds reference to:225 ILCS 45/1from Ch. 111 1/2, par. 73.101225 ILCS 45/1afrom Ch. 111 1/2, par. 73.101a225 ILCS 45/1a-1225 ILCS 45/1a-2 new225 ILCS 45/1bfrom Ch. 111 1/2, par. 73.101b225 ILCS 45/2from Ch. 111 1/2, par. 73.102225 ILCS 45/3from Ch. 111 1/2, par. 73.103225 ILCS 45/4from Ch. 111 1/2, par. 73.104225 ILCS 45/4a225 ILCS 45/5from Ch. 111 1/2, par. 73.105225 ILCS 45/8.1815 ILCS 390/4from Ch. 21, par. 204815 ILCS 390/14from Ch. 21, par. 214815 ILCS 390/15from Ch. 21, par. 215815 ILCS 390/16from Ch. 21, par. 21630 ILCS 105/5.719 newReplaces everything after the enacting clause. Amends the Illinois Funeral or Burial Funds Act. Removes a provision that allows persons holding less than $500,000 in trust funds to continue to act as the trustee after the funds are deposited. Changes the definition of "sales proceeds" and "purchase price". In a provision concerning pre-need contracts, provides that the pre-need contract must, if funded by a trust, clearly identify the trustee's name and address and the primary state or federal regulator of the trustee as a corporate fiduciary or, if funded by life insurance, clearly identify the life insurance provider and the primary regulatory authority of the life insurance provider. Provides that the Pre-Need Funeral Consumer Protection Fund shall be a special fund administered by the State Comptroller to provide restitution to purchasers unable to receive the benefits of their pre-need contract or to receive the funds due by reason of cancellation of the contract, and to purchase insurance to cover losses guaranteed by the Fund. Provides that the Comptroller shall collect from each licensee under the Act a fee of $5 out of the funds received from each pre-need contract sold by the licensee and deposit the fees collected into the Fund. Provides that in the event that a purchaser of a pre-need contract is unable to receive the benefits of his or her pre-need contract or to receive the funds due by reason of cancellation of the contract, the Comptroller may cause restitution to be paid to the purchaser from the Pre-need Funeral Consumer Protection Fund if certain conditions are met. Provides that if a purchaser selects a trust arrangement to fund the pre-need contract, the trust must be maintained with a corporate fiduciary as defined in the Corporate Fiduciary Act. Imposes certain requirements on a trustee of a trust used to fund a pre-need contract. In a provision concerning the withdrawal of funds from a trust, provides that monies in the trust shall not be withdrawn until after the death of the beneficiary unless sooner withdrawn and refunded to the purchaser as allowed for under the Act. Provides that a trustee has a duty to invest and manage the trust assets pursuant to the Prudent Investor Rule under the Trusts and Trustees Act. Makes other changes. Amends the Illinois Pre-Need Cemetery Sales Act. Provides that "municipal cemetery" also includes a cemetery placed in receivership pursuant to the Act while such cemetery is in receivership. Provides that each pre-need contract that is funded by a trust shall clearly identify the trustee's name and address and the primary state or federal regulator of the trustee as a corporate fiduciary. Provides that the seller shall act as trustee of all amounts received for cemetery merchandise, services, or undeveloped spaces until those amounts have been deposited into the trust fund. The seller must retain a corporate fiduciary as an independent trustee for any amount of trust funds. Provides that upon 30 days prior written notice from the seller to the Comptroller, the seller may change the trustee of the trust fund. Provides that the trustee has a duty to invest and manage the trust assets pursuant to the Prudent Investor Rule under the Trusts and Trustees Act. Provides that whenever the seller changes trustees pursuant to the Act, the trustee must provide written notice of the change in trustees to the Comptroller no less than 28 days prior to the effective date of such a change in trustee. Provides that the trustee has an ongoing duty to provide the Comptroller with a current and true copy of the trust agreement under which the trust funds are held pursuant to this Act. Provides that a trustee shall at least annually furnish to each purchaser a statement identifying: (1) the receipts, disbursements, and inventory of the trust, including an explanation of any fees or expenses charged by the trustee under the Act or otherwise, (2) an explanation of the purchaser's right to a refund, if any, under the Act, and (3) the regulator of the trust as a corporate fiduciary under state or federal law. Makes other changes. Amends the State Finance Act. Creates the Pre-Need Funeral Consumer Protection Fund.House Floor Amendment No. 2 Deletes reference to:225 ILCS 45/1aDeletes changes in a provision concerning definitions under the Act. Provides that the fee that a licensee pays to the Comptroller for each pre-need contract entered into shall be remitted to the Comptroller semi-annually within 30 days of the end of June and December. Changes cross-reference in a provision concerning the requirement that a trustee furnish to each purchaser a statement containing certain information.Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 1682 (H-AM 1) will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 1682 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that SB 1682 (H-AM 1) would neither increase nor decrease the number of judges needed in the State.Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) This legislation has no population or fiscal impact on the Department of Corrections. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) SB 1682 (H-AM 1) does not pre-empt home rule authority. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) SB 1682 (H-AM 1) does create a State mandate.Balanced Budget Note (Office of Management and Budget) SB 1682, as engrossed, has no fiscal impact to the State of Illinois and does not add additional spending pressure to the General Revenue Fund or to the current Fiscal Year 2009 budget deficit. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) SB 1682 (H-AM 1) does not create a State mandate.Governor Amendatory Veto Message Recommends adding a January 31, 2010 effective date. 2/19/2009SenateFiled with Secretary by Sen. Deanna Demuzio 2/19/2009SenateFirst Reading 2/19/2009SenateReferred to Assignments 3/5/2009SenateAssigned to Executive 3/12/2009SenateDo Pass Executive; 012-000-000 3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009 3/30/2009SenateSecond Reading 3/30/2009SenatePlaced on Calendar Order of 3rd Reading March 31, 2009 4/2/2009SenateThird Reading - Passed; 058-000-000 4/3/2009HouseArrived in House 4/3/2009HousePlaced on Calendar Order of First Reading 4/3/2009HouseChief House Sponsor Rep. Lisa M. Dugan 4/6/2009HouseFirst Reading 4/6/2009HouseReferred to Rules Committee 4/20/2009HouseAssigned to Executive Committee 5/7/2009HouseAdded Alternate Chief Co-Sponsor Rep. David E. Miller 5/7/2009HouseAdded Alternate Chief Co-Sponsor Rep. Jack D. Franks 5/7/2009HouseAdded Alternate Chief Co-Sponsor Rep. William D. Burns 5/7/2009HouseAdded Alternate Chief Co-Sponsor Rep. Monique D. Davis 5/8/2009HouseCommittee/Final Action Deadline Extended-9(b) May 22, 2009 5/12/2009HouseAdded Alternate Co-Sponsor Rep. Careen M. Gordon 5/12/2009HouseAdded Alternate Co-Sponsor Rep. Joseph M. Lyons 5/12/2009HouseAdded Alternate Co-Sponsor Rep. Daniel J. Burke 5/12/2009HouseAdded Alternate Co-Sponsor Rep. Robert Rita 5/12/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Executive Committee 5/12/2009HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote 5/12/2009HouseDo Pass as Amended / Short Debate Executive Committee; 008-000-003 5/12/2009HousePlaced on Calendar 2nd Reading - Short Debate 5/19/2009HouseSecond Reading - Short Debate 5/19/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/19/2009HouseRecalled to Second Reading - Short Debate 5/19/2009HouseHeld on Calendar Order of Second Reading - Short Debate 5/19/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lisa M. Dugan 5/19/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee 5/20/2009HouseHouse Committee Amendment No. 1 Pension Note Filed as Amended 5/20/2009HouseHouse Committee Amendment No. 1 State Debt Impact Note Filed as Amended 5/20/2009HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended 5/21/2009SenateAdded as Chief Co-Sponsor Sen. Edward D. Maloney 5/21/2009SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul 5/22/2009HouseFinal Action Deadline Extended-9(b) May 29, 2009 5/22/2009HouseHouse Committee Amendment No. 1 Housing Affordability Impact Note Filed as Amended 5/26/2009HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended 5/26/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 5/26/2009HouseHouse Floor Amendment No. 2 Adopted by Voice Vote 5/26/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/26/2009SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff 5/26/2009HouseHouse Committee Amendment No. 1 Home Rule Note Filed as Amended 5/26/2009HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended 5/27/2009HouseAdded Alternate Co-Sponsor Rep. William Davis 5/27/2009HouseThird Reading - Short Debate - Passed 071-030-015 5/27/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2 5/27/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 28, 2009 5/27/2009SenateAdded as Chief Co-Sponsor Sen. A. J. Wilhelmi 5/27/2009SenateAdded as Co-Sponsor Sen. John O. Jones 5/27/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Deanna Demuzio 5/27/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/27/2009SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Deanna Demuzio 5/27/2009SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments 5/27/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to State Government and Veterans Affairs 5/27/2009SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to State Government and Veterans Affairs 5/27/2009SenateBalanced Budget Note Filed as Engrossed, from Governor's Office of Management and Budget 5/27/2009SenateState Mandates Fiscal Note Filed as amended by House Amendment No. 1, from the Illinois Department of Commerce & Economic Opportunity. 5/28/2009SenateAdded as Co-Sponsor Sen. James T. Meeks 5/28/2009SenateAdded as Co-Sponsor Sen. Gary Forby 5/28/2009SenateAdded as Co-Sponsor Sen. William R. Haine 5/28/2009SenateAdded as Co-Sponsor Sen. James F. Clayborne, Jr. 5/28/2009SenateAdded as Co-Sponsor Sen. Tim Bivins 5/28/2009SenateAdded as Co-Sponsor Sen. Dale A. Righter 5/28/2009SenateAdded as Co-Sponsor Sen. Kyle McCarter 5/28/2009SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson 5/28/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 009-000-000 5/28/2009SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 009-000-000 5/28/2009SenateAdded as Co-Sponsor Sen. Linda Holmes 5/28/2009SenateAdded as Co-Sponsor Sen. Heather Steans 5/28/2009SenateAdded as Co-Sponsor Sen. Michael W. Frerichs 5/28/2009SenateAdded as Co-Sponsor Sen. John M. Sullivan 5/28/2009SenateAdded as Co-Sponsor Sen. Louis S. Viverito 5/28/2009SenateAdded as Co-Sponsor Sen. David Koehler 5/28/2009SenateAdded as Co-Sponsor Sen. M. Maggie Crotty 5/29/2009SenateAdded as Co-Sponsor Sen. Dan Kotowski 5/29/2009SenateHouse Committee Amendment No. 1 Senate Concurs 058-000-000 5/29/2009SenateHouse Floor Amendment No. 2 Senate Concurs 058-000-000 5/29/2009SenatePassed Both Houses 6/26/2009SenateSent to the Governor 8/25/2009SenateGovernor Amendatory Veto 10/14/2009SenatePlaced on Calendar Amendatory Veto October 15, 2009 10/15/2009SenateAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. Deanna Demuzio 10/15/2009SenateAmendatory Veto Motion - Motion Referred to Assignments 10/15/2009SenateAmendatory Veto Motion - Motion Referred to State Government and Veterans Affairs 10/15/2009SenateAmendatory Veto Motion - Accept Motion Recommends Do Adopt State Government and Veterans Affairs; 009-000-000 10/16/2009SenateAccept Amendatory Veto - Senate Passed 044-000-000 10/16/2009HouseArrived in House 10/16/2009HousePlaced on Calendar Amendatory Veto October 16, 2009 10/21/2009HouseAmendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Lisa M. Dugan 10/21/2009HouseAmendatory Veto Motion - Motion Referred to Rules Committee 10/27/2009HouseAmendatory Veto Motion - Rules Refers to Executive Committee 10/28/2009HouseAmendatory Veto Motion - Accept Motion Recommends Be Adopted Executive Committee; 011-000-000 10/28/2009HouseAccept Amendatory Veto - House Passed 092-022-000 10/28/2009SenateBoth Houses Accepted Amendatory Veto 11/16/2009SenateReturned to Governor for Certification 2/2/2010SenateGovernor Certifies Changes 2/2/2010SenateEffective Date February 2, 2010 2/2/2010SenatePublic Act . . . . . . . . . 96-0879