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SB2440 • 2026
BURIAL TRANSPORT AGREEMENTS
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
BURIAL TRANSPORT AGREEMENTS
Rule 3-9(a) / Re-referred to Assignments
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Committee/3rd Reading Deadline Established As May 22, 2026
To End of Life Issues
Rule 2-10 Committee Deadline Established As April 24, 2026
Rule 2-10 Committee Deadline Established As March 27, 2026
Assigned to Executive
Filed with Secretary by Sen. Mike Porfirio
First Reading
Referred to Assignments
BURIAL TRANSPORT AGREEMENTS
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Full Text of SB2440 Home Legislation Full Text SB2440 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2440 Introduced 2/7/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: 225 ILCS 45/1 from Ch. 111 1/2, par. 73.101 225 ILCS 45/1a from Ch. 111 1/2, par. 73.101a 225 ILCS 45/2c new 225 ILCS 45/10 from Ch. 111 1/2, par. 73.110 Amends the Illinois Funeral or Burial Funds Act. Defines the term "transportation protection agreement". Provides that the Illinois Insurance Code does not apply to any transportation protection agreement sold by any seller. Provides that nothing in the Act shall be deemed to apply to (1) merchandise that is delivered within 30 days of purchase, (2) a transportation protection agreement, or (3) pre-need cemetery sales (currently only pre-need cemetery sales) under the Illinois Pre-Need Cemetery Sales Act. Makes a change to a provision concerning payments under pre-need contracts. LRB104 11866 JDS 21956 b A BILL FOR SB2440 LRB104 11866 JDS 21956 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Funeral or Burial Funds Act is 5 amended by changing Sections 1, 1a, and 10 and by adding 6 Section 2c as follows: 7 (225 ILCS 45/1) (from Ch. 111 1/2, par. 73.101) 8 Sec. 1. Payment under pre-need contract. Except as 9 otherwise provided in this Section, all sales proceeds paid to 10 any person, partnership, association or corporation with 11 respect to merchandise or services covered by this Act, upon 12 any agreement or contract, or any series or combination of 13 agreements or contracts, which has for a purpose the 14 furnishing or performance of funeral services, or the 15 furnishing or delivery of any personal property, merchandise, 16 or services of any nature in connection with the final 17 disposition of a dead human body, including, but not limited 18 to, outer burial containers, urns, combination casket-vault 19 units, caskets and clothing, for future delivery use at a time 20 determinable by the death of the person or persons whose body 21 or bodies are to be so disposed of, shall be held to be trust 22 funds, and shall be placed in trust in accordance with 23 Sections 1b and 2, or shall be used to purchase life insurance SB2440 - 2 - LRB104 11866 JDS 21956 b 1 or annuities in accordance with Section 2a. The person, 2 partnership, association or corporation receiving said 3 payments under a pre-need contract is hereby declared to be a 4 trustee thereof until deposits of funds are made in accordance 5 with Section 1b or 2a of this Act. 6 Nothing in this Act shall be construed to prohibit the 7 inclusion of outer burial containers in sales contracts under 8 the Illinois Pre-Need Cemetery Sales Act. 9 (Source: P.A. 96-879, eff. 2-2-10.) 10 (225 ILCS 45/1a) (from Ch. 111 1/2, par. 73.101a) 11 Sec. 1a. For the purposes of this Act, the following terms 12 shall have the meanings specified, unless the context clearly 13 requires another meaning: 14 "Beneficiary" means the person specified in the pre-need 15 contract upon whose death funeral services or merchandise 16 shall be provided or delivered. 17 "Licensee" means a seller of a pre-need contract who has 18 been licensed by the Comptroller under this Act. 19 "Outer burial container" means any container made of 20 concrete, steel, wood, fiberglass or similar material, used 21 solely at the interment site, and designed and used 22 exclusively to surround or enclose a separate casket and to 23 support the earth above such casket, commonly known as a 24 burial vault, grave box or grave liner, but not including a 25 lawn crypt as defined in the Illinois Pre-need Cemetery Sales SB2440 - 3 - LRB104 11866 JDS 21956 b 1 Act. 2 "Parent company" means a corporation owning more than 12 3 cemeteries or funeral homes in more than one state. 4 "Person" means any person, partnership, association, 5 corporation, or other entity. 6 "Pre-need contract" means any agreement or contract, or 7 any series or combination of agreements or contracts, whether 8 funded by trust deposits or life insurance policies or 9 annuities, which has for a purpose the furnishing or 10 performance of funeral services or the furnishing or delivery 11 of any personal property, merchandise, or services of any 12 nature in connection with the final disposition of a dead 13 human body. Nothing in this Act is intended to regulate the 14 content of a life insurance policy or a tax-deferred annuity. 15 "Provider" means a person who is obligated for furnishing 16 or performing funeral services or the furnishing or delivery 17 of any personal property, merchandise, or services of any 18 nature in connection with the final disposition of a dead 19 human body. 20 "Purchaser" means the person who originally paid the money 21 under or in connection with a pre-need contract. 22 "Sales proceeds" means the entire amount paid to a seller, 23 exclusive of sales taxes paid by the seller, finance charges 24 paid by the purchaser, and credit life, accident or disability 25 insurance premiums, upon any agreement or contract, or series 26 or combination of agreements or contracts, for the purpose of SB2440 - 4 - LRB104 11866 JDS 21956 b 1 performing funeral services or furnishing personal property, 2 merchandise, or services of any nature in connection with the 3 final disposition of a dead human body, including, but not 4 limited to, the retail price paid for such services and 5 personal property and merchandise. 6 "Purchase price" means sales proceeds less finance charges 7 on retail installment contracts. 8 "Seller" means the person who sells or offers to sell the 9 pre-need contract to a purchaser, whether funded by a trust 10 agreement, life insurance policy, or tax-deferred annuity. 11 "Transportation protection agreement" means an agreement 12 that primarily provides or arranges for services related to 13 the preparation for the purpose of transportation and 14 subsequent transportation of human remains or cremated 15 remains. 16 "Trustee" means a person authorized to hold funds under 17 this Act. 18 (Source: P.A. 92-419, eff. 1-1-02.) 19 (225 ILCS 45/2c new) 20 Sec. 2c. Transportation protection agreements. The 21 Illinois Insurance Code does not apply to any transportation 22 protection agreement sold by any seller. 23 (225 ILCS 45/10) (from Ch. 111 1/2, par. 73.110) 24 Sec. 10. Nothing in this Act shall be deemed to apply to SB2440 - 5 - LRB104 11866 JDS 21956 b 1 (1) merchandise that is delivered within 30 days of purchase, 2 (2) a transportation protection agreement, or (3) pre-need 3 cemetery sales under the "Illinois Pre-Need Cemetery Sales 4 Act", enacted by the 84th General Assembly. 5 (Source: P.A. 85-293.) Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. 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