SB 3171 Illinois Senate · 97th Regular Session

FUNERAL TRUST FUNDS-TRUSTEES

Summary
Amends the Illinois Funeral or Burial Funds Act. Restores 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. Provides that a 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. Provides that a trustee may be the seller or provider of funeral services or merchandise if the seller holds sales of less than $500,000 in trust and deposits funds for which the seller is acting as trustee according in a certain manner. Provides that if a purchaser selects a trust arrangement to fund the pre-need contract, the trust must be maintained: (1) in a deposit account maintained by the seller as trustee in a bank, savings and loan association, savings bank, or credit union authorized to do business in Illinois in which accounts are insured by an agency of the federal government, (2) in a trust company authorized to do business in Illinois, or (3) with a corporate fiduciary as defined in the Corporate Fiduciary Act. Restores a provision that allows trust funds to be maintained in a financial institution located in a state adjoining Illinois if certain conditions are met. Provides that a trustee has a duty to manage the trust and, with respect to the investment of trust funds, shall exercise certain judgment and care. Provides that the trustee has a duty to manage and invest the assets pursuant to the Prudent Investor Rule under the Trusts and Trustees Act if the amount of funds to be entrusted exceeds $1,000,000. Amends the Illinois Pre-Need Cemetery Sales Act. Removes language that provides that the seller must retain a corporate fiduciary as an independent trustee for any amount of trust funds. Provides that a trust established under the Act must be maintained: (1) in a deposit account maintained by the seller as trustee in a bank, savings and loan association, or credit union authorized to do business in Illinois in which accounts are insured by an agency of the federal government, (2) in a trust company authorized to do business in Illinois, or (3) in an investment company authorized to do business in Illinois insured by the Securities Brokers Insurance Corporation.
Bill status signed all 5 stages cleared
Introduction
Mar 2012
Committee Review
May 2012
Senate Passage
May 2012
House Passage
May 2012
Signed into Law
Jul 2012
Introduced Mar 28, 2012 Signed Jul 30, 2012
Floor votes · Senate May 30, 2012 · House May 28, 2012

How they voted

480
Passed · 2 other
Total votes 50
May 30, 2012
D Democratic30
29 Yea 1
96% Yea
R Republican20
19 Yea 1
95% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
58
Key actions
11
Committee
15
Amendments
12
Jul 30, 2012
Signed into law
Governor Approved
upper
May 30, 2012
Upper · Passed
Passed Both Houses
upper
May 30, 2012
Upper · Passed
House Committee Amendment No. 1 Senate Concurs 056-000-000
upper
May 29, 2012
Upper · Passed
House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
upper
May 28, 2012
Committee
House Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
upper
May 28, 2012
Committee
House Committee Amendment No. 1 Motion to Concur Referred to Assignments
upper
May 28, 2012
Introduced
Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 29, 2012
upper
May 28, 2012
Introduced
Secretary's Desk - Concurrence House Amendment(s) 1
upper
May 28, 2012
House · Passed
House Vote: pass (100-0-5)
house
May 24, 2012
Lower · Passed
Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 010-000-000
lower
May 24, 2012
Lower · Passed
House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
lower
May 22, 2012
Lower · Passed
House Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
lower
May 21, 2012
Lower · Passed
Motion Filed to Suspend Rule 25 Judiciary I - Civil Law Committee; Rep. Barbara Flynn Currie
lower
May 21, 2012
Committee
House Committee Amendment No. 1 Referred to Rules Committee
lower
May 21, 2012
Introduced
House Committee Amendment No. 1 Filed with Clerk by Rep. Dan Brady
lower
May 21, 2012
Committee
Assigned to Judiciary I - Civil Law Committee
lower
Mar 28, 2012
Committee
Referred to Rules Committee
lower
Mar 28, 2012
Introduced
Arrived in House
lower
Mar 28, 2012
Amended
Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
upper
Mar 28, 2012
Upper · Passed
Senate Floor Amendment No. 2 Adopted; Sullivan
upper
Mar 27, 2012
Introduced
Senate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 008-000-000
upper
Mar 27, 2012
Introduced
Senate Floor Amendment No. 1 Postponed - Licensed Activities
upper
Mar 22, 2012
Introduced
Senate Floor Amendment No. 2 Assignments Refers to Licensed Activities
upper
Mar 19, 2012
Committee
Senate Floor Amendment No. 2 Referred to Assignments
upper
Mar 19, 2012
Introduced
Senate Floor Amendment No. 2 Filed with Secretary by Sen. John M. Sullivan
upper
Mar 6, 2012
Introduced
Senate Floor Amendment No. 1 Assignments Refers to Licensed Activities
upper
Mar 1, 2012
Committee
Senate Floor Amendment No. 1 Referred to Assignments
upper
Mar 1, 2012
Introduced
Senate Floor Amendment No. 1 Filed with Secretary by Sen. John M. Sullivan
upper
Feb 24, 2012
Upper · Passed
Do Pass Licensed Activities; 008-000-000
upper
Feb 7, 2012
Committee
Assigned to Licensed Activities
upper
Feb 1, 2012
Committee
Referred to Assignments
upper
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.