CEMETERY SALES-DISCLOSURE

Illinois General Assembly - Full Text of SB3596

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3596

Home

Legislation

Full Text

SB3596 - 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
SB3596

Introduced 2/5/2026, by Sen. Meg Loughran Cappel

SYNOPSIS AS INTRODUCED:

815 ILCS 390/14

from Ch. 21, par. 214

Amends the Illinois Pre-Need Cemetery Sales Act. Provides that a
written sales contract shall contain a description of any additional costs
that will be incurred by the person, if known, who is to receive the
cemetery merchandise, cemetery services, or the completed interment,
entombment, or inurnment spaces under the contract at the time of burial
and that are not contemplated within the contract.
LRB104 20049 SPS 33500 b

A BILL FOR

SB3596
LRB104 20049 SPS 33500 b
1

AN ACT concerning business.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Pre-Need Cemetery Sales Act is
5
amended by changing Section 14 as follows:

6

(815 ILCS 390/14)

(from Ch. 21, par. 214)
7

Sec. 14.
Contract required.
8

(a) It is unlawful for any person doing business within
9
this State to accept sales proceeds, either directly or
10
indirectly, by any means unless the seller enters into a
11
pre-need sales contract with the purchaser which meets the
12
following requirements:

13

(1) A written sales contract shall be executed in at
14

least 11 point type in duplicate for each pre-need sale
15

made by a licensee, and a signed copy given to the
16

purchaser. Each completed contract shall be numbered and
17

shall contain: (i) the name and address of the purchaser,
18

the principal office of the licensee, and the parent
19

company of the licensee; (ii) the name of the person, if
20

known, who is to receive the cemetery merchandise,
21

cemetery services or the completed interment, entombment
22

or inurnment spaces under the contract;
and
(iii) specific
23

identification of such merchandise, services or spaces to

SB3596
- 2 -
LRB104 20049 SPS 33500 b
1

be provided, if a specific space or spaces are contracted
2

for, and the price of the merchandise, services, or space
3

or spaces
; and (iv) a description of any additional costs
4

that will be incurred by the person, if known, who is to
5

receive the cemetery merchandise, cemetery services, or
6

the completed interment, entombment, or inurnment spaces
7

under the contract at the time of burial and that are not
8

contemplated within the contract
.

9

(2) In addition, such contracts must contain a
10

provision in distinguishing typeface as follows:

11

"Notwithstanding anything in this contract to the
12

contrary, you are afforded certain specific rights of
13

cancellation and refund under the Illinois Pre-Need
14

Cemetery Sales Act, enacted by the 84th General Assembly
15

of the State of Illinois".

16

(3) All pre-need sales contracts shall be sold on a
17

guaranteed price basis. At the time of performance of the
18

service or delivery of the merchandise, the seller shall
19

be prohibited from assessing the purchaser or his heirs or
20

assigns or duly authorized representative any additional
21

charges for the specific merchandise and services listed
22

on the pre-need sales contract.

23

(4) Each contract shall clearly disclose that the
24

price of the merchandise or services is guaranteed and
25

shall contain the following statement in 12 point bold
26

type:

SB3596
- 3 -
LRB104 20049 SPS 33500 b
1

"THIS CONTRACT GUARANTEES THE BENEFICIARY THE SPECIFIC
2

GOODS, SERVICES, INTERMENT SPACES, ENTOMBMENT SPACES, AND
3

INURNMENT SPACES CONTRACTED FOR. NO ADDITIONAL CHARGES MAY
4

BE REQUIRED FOR DESIGNATED GOODS, SERVICES, AND SPACES.
5

ADDITIONAL CHARGES MAY BE INCURRED FOR UNEXPECTED
6

EXPENSES."

7

(5) The pre-need sales contract shall provide that if
8

the particular cemetery services, cemetery merchandise, or
9

spaces specified in the pre-need contract are unavailable
10

at the time of delivery, the seller shall be required to
11

furnish services, merchandise, and spaces similar in style
12

and at least equal in quality of material and workmanship.

13

(6) The pre-need contract shall also disclose any
14

specific penalties to be incurred by the purchaser as a
15

result of failure to make payments; and penalties to be
16

incurred or moneys or refunds to be received as a result of
17

cancellation of the contract.

18

(7) The pre-need contract shall disclose the nature of
19

the relationship between the provider and the seller.

20

(8) Each pre-need contract that authorizes the
21

delivery of cemetery merchandise to a licensed and bonded
22

warehouse shall provide that prior to or upon delivery of
23

the merchandise to the warehouse the title to the
24

merchandise and a warehouse receipt shall be delivered to
25

the purchaser or beneficiary. The pre-need contract shall
26

contain the following statement in 12 point bold type:

SB3596
- 4 -
LRB104 20049 SPS 33500 b
1

"THIS CONTRACT AUTHORIZES THE DELIVERY OF MERCHANDISE TO A
2

LICENSED AND BONDED WAREHOUSE FOR STORAGE OF THE
3

MERCHANDISE UNTIL THE MERCHANDISE IS NEEDED BY THE
4

BENEFICIARY. DELIVERY OF THE MERCHANDISE IN THIS MANNER
5

MAY PRECLUDE REFUND OF SALE PROCEEDS THAT ARE ATTRIBUTABLE
6

TO THE DELIVERED MERCHANDISE."

7

The purchaser shall initial the statement at the time
8

of entry into the pre-need contract.

9

(9) Each pre-need contract that authorizes the
10

placement of cemetery merchandise at the site of its
11

ultimate use prior to the time that the merchandise is
12

needed by the beneficiary shall contain the following
13

statement in 12 point bold type:

14

"THIS CONTRACT AUTHORIZES THE PLACEMENT OF MERCHANDISE AT
15

THE SITE OF ITS ULTIMATE USE PRIOR TO THE TIME THAT THE
16

MERCHANDISE IS NEEDED BY THE BENEFICIARY. DELIVERY OF THE
17

MERCHANDISE IN THIS MANNER MAY PRECLUDE REFUND OF SALE
18

PROCEEDS THAT ARE ATTRIBUTABLE TO THE DELIVERED
19

MERCHANDISE."

20

The purchaser shall initial the statement at the time
21

of entry into the pre-need contract.
22

(10) Each pre-need contract that is funded by a trust
23

shall clearly identify the trustee's name and address and
24

the primary state or federal regulator of the trustee as a
25

corporate fiduciary.
26

(b) Every pre-need sales contract must be in writing. The

SB3596
- 5 -
LRB104 20049 SPS 33500 b
1
Comptroller may by rule develop a model pre-need sales
2
contract form that meets the requirements of this Act.
3

(c) To the extent the Rule is applicable, every pre-need
4
sales contract is subject to the Federal Trade Commission Rule
5
concerning the Cooling-Off Period for Door-to-Door Sales (16
6
CFR Part 429).
7

(d) No pre-need sales contract may be entered into in this
8
State unless there is a provider for the cemetery merchandise,
9
cemetery services, and undeveloped interment, inurnment, and
10
entombment spaces being sold. If the seller is not the
11
provider, then the seller must have a binding agreement with a
12
provider, and the identity of the provider and the nature of
13
the agreement between the seller and the provider must be
14
disclosed in the pre-need sales contract at the time of sale
15
and before the receipt of any sale proceeds. The failure to
16
disclose the identity of the provider, the nature of the
17
agreement between the seller and the provider, or any changes
18
thereto to the purchaser and beneficiary, or the failure to
19
make the disclosures required by this Section constitutes an
20
intentional violation of this Act.
21

(e) No pre-need contract may be entered into in this State
22
unless it is accompanied by a funding mechanism permitted
23
under this Act and unless the seller is licensed by the
24
Comptroller as provided in this Act. Nothing in this Act is
25
intended to relieve providers or sellers of pre-need contracts
26
from being licensed under any other Act required for their

SB3596
- 6 -
LRB104 20049 SPS 33500 b
1
profession or business or from being subject to the rules
2
promulgated to regulate their profession or business,
3
including rules on solicitation and advertisement.
4

(f) No pre-need contract may be entered into in this State
5
unless the seller explains to the purchaser the terms of the
6
pre-need contract prior to the purchaser signing and the
7
purchaser initials a statement in the contract confirming that
8
the seller has explained the terms of the contract prior to the
9
purchaser signing.
10

(g) The State Comptroller shall develop a booklet for
11
consumers in plain English describing the scope, application,
12
and consumer protections of this Act. After the booklet is
13
developed, no pre-need contract may be sold in this State
14
unless the seller distributes to the purchaser prior to the
15
sale a booklet developed or approved for use by the State
16
Comptroller.
17
(Source: P.A. 96-879, eff. 2-2-10.)

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.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

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.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn