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SB 3596

CEMETERY SALES-DISCLOSURE

104th Regular Session Introduced by Meg Loughran Cappel

The bill strengthens pre-need cemetery contracts by requiring full cost disclosures, guaranteed price terms, refunds, substitutions, and clear consumer protections.

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Bill Summary · SB 3596

Summary of Bill SB3596 (104th General Assembly, Illinois)

Title: CEMETERY SALES-DISCLOSURE

Jurisdiction: Illinois

Introduced: February 5, 2026
Sponsor: Sen. Meg Loughran Cappel (co-sponsor)

Status: As introduced; assigned to committees with rule deadlines noted (April–May 2026 timeline in the action history)

Purpose and intent
- The bill amends the Illinois Pre-Need Cemetery Sales Act to strengthen disclosures in pre-need cemetery sales contracts.
- Its central aim is to ensure purchasers are clearly informed about all costs and terms, including potential additional charges not contemplated in the contract, guaranteed pricing, and other protections for beneficiaries.

Key provisions and changes
1. Expanded disclosure of additional costs (new requirement)
- Written pre-need sales contracts must include a description of any additional costs that will be incurred by the person who is to receive the cemetery merchandise, services, or spaces under the contract at the time of burial, if such costs are known and are not contemplated within the contract.

  1. Contract content requirements (existing framework clarified/expanded)

    • Contracts must be in duplicate (11-point type), with a signed copy to the purchaser, and must include:
      • Purchaser’s name and address
      • Licensee’s principal office and parent company
      • Name of recipient of merchandise/services/spaces (if known)
      • Specific identification of contracted merchandise, services, or spaces and their price
      • Description of any additional costs (as above)

  2. Prominent consumer rights and guarantees

    • A specific, distinguishable statement in the contract about rights of cancellation and refunds under the Act.
    • Contracts must be sold on a guaranteed price basis:
      • At performance/delivery, no additional charges may be assessed for the contracted merchandise and services.
      • A bold, 12-point type warning: “THIS CONTRACT GUARANTEES THE BENEFICIARY THE SPECIFIC GOODS, SERVICES, INTERMENT SPACES, ENTOMBMENT SPACES, AND INURNMENT SPACES CONTRACTED FOR. NO ADDITIONAL CHARGES MAY BE REQUIRED FOR DESIGNATED GOODS, SERVICES, AND SPACES. ADDITIONAL CHARGES MAY BE INCURRED FOR UNEXPECTED EXPENSES.”

  3. Availability and substitution

    • If the exact cemetery services, merchandise, or spaces are unavailable at the time of delivery, the seller must provide similar quality and style of goods/services (at least equal in quality).

  4. Financial penalties and refunds disclosures

    • Contracts must disclose any penalties for late payments and any penalties or refunds related to contract cancellation.

  5. Relationship disclosure

    • The contract must disclose the nature of the relationship between the provider and the seller.

  6. Warehouse/storage provisions

    • If merchandise is delivered to a licensed bonded warehouse, the contract must disclose that title and a warehouse receipt will be delivered to the purchaser, with a bold statement noting that delivery to a warehouse may preclude refund of sale proceeds attributable to the delivered merchandise. Purchaser must initial this statement.

  7. On-site placement provisions

    • If merchandise is placed at the site of intended use before it is needed, the contract must disclose that delivery in this manner may preclude refunds of sale proceeds attributable to delivered merchandise. Purchaser must initial this statement.

  8. Trustee and regulatory disclosures (for trust-funded contracts)

    • If a contract is funded by a trust, the contract must identify the trustee’s name and address and the primary regulator of the trustee.

  9. General compliance and enforcement

    • The act retains the requirement that pre-need contracts must be accompanied by an allowable funding mechanism and licensed providers/sellers; disclosures about provider-seller relationships and disclosures of changes must be made to purchasers before funds are received.

Additional context
- The bill references and reinforces consumer protections from the Illinois Pre-Need Cemetery Sales Act (originally updated in 2010 under PA 96-879) and aligns with federal practices related to cooling-off rights where applicable.
- It allows the State Comptroller to develop a model contract form and requires a consumer information booklet in plain English to be provided prior to sale.

Who is affected
- Pre-need cemetery sellers, providers, and licensees operating in Illinois.
- Purchasers of pre-need cemetery merchandise, services, and spaces (and beneficiaries).
- Trustees and regulatory oversight entities (in the case of trust-funded contracts).

Timeline and procedural notes
- Introduced February 5, 2026.
- Assigned to committees with Rule 2-10 deadlines noted (between February and May 2026 in the bill’s action history).
- Requires regulatory rulemaking and potential model contract forms by the Comptroller where applicable.

Overall impact
- The bill strengthens transparency around costs and guarantees in pre-need cemetery contracts.
- It aims to reduce surprise charges, ensure price guarantees, provide robust disclosures on substitutions and storage/delivery arrangements, and clarify cross-cutting relationship and regulatory information for consumers.

Compiled from official sources — confirm details with the bill’s official record.

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