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<xml>
<title>Illinois General Assembly - Bill Status for HB 4041   </title>
<shortdesc>FUNERAL TRUST FUNDS-TRUSTEES</shortdesc>
<sponsor>
<sponsorhead1>House Sponsors</sponsorhead1><sponsors>Rep. Dan Brady</sponsors>
</sponsor>
<lastaction>
<statusdate>1/8/2013</statusdate><chamber>House</chamber><action>Session Sine Die</action>
</lastaction>
<synopsis>
<synopsistitle></synopsistitle>
<reference>225 ILCS 45/1</reference><aliasreference>from Ch. 111 1/2, par. 73.101</aliasreference><reference>225 ILCS 45/1a-1</reference><aliasreference></aliasreference><reference>225 ILCS 45/1b</reference><aliasreference>from Ch. 111 1/2, par. 73.101b</aliasreference><reference>225 ILCS 45/2</reference><aliasreference>from Ch. 111 1/2, par. 73.102</aliasreference><reference>225 ILCS 45/4a</reference><aliasreference></aliasreference><reference>815 ILCS 390/14</reference><aliasreference>from Ch. 21, par. 214</aliasreference><reference>815 ILCS 390/15</reference><aliasreference>from Ch. 21, par. 215</aliasreference><SynopsisText>     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.</SynopsisText></synopsis>
<actions>
<statusdate>1/23/2012</statusdate><chamber>House</chamber><action>Filed with the Clerk by Rep. Dan Brady</action>
<statusdate>1/25/2012</statusdate><chamber>House</chamber><action>First Reading</action>
<statusdate>1/25/2012</statusdate><chamber>House</chamber><action>Referred to Rules Committee</action>
<statusdate>1/8/2013</statusdate><chamber>House</chamber><action>Session Sine Die</action>
</actions>
</xml>

