state of illinois ninety-ninth general assembly 103rd ... · [april 21, 2016] the senate met...

[April 21, 2016]

SENATE JOURNAL

STATE OF ILLINOIS

NINETY-NINTH GENERAL ASSEMBLY

103RD LEGISLATIVE DAY

THURSDAY, APRIL 21, 2016

12:07 O'CLOCK P.M.

NO. 103

2

[April 21, 2016]

SENATE

Daily Journal Index

103rd Legislative Day

Action Page(s)

Communication from the Minority Leader ........................................................... 7

Legislative Measure(s) Filed ................................................................................ 6 Message from the House .................................................................................. 393

Message from the President ................................................................................. 6

Message from the Secretary of State .................................................................... 8 Oath ................................................................................................................... 11

Presentation of Senate Joint Resolution No. 53 ................................................ 391 Presentation of Senate Joint Resolution No. 54 ................................................ 422

Presentation of Senate Resolutions No’d. 1773-1774........................................... 8

Presentation of Senate Resolutions No’d. 1775-1780....................................... 391 Report from Assignments Committee .............................................................. 395

Report from Standing Committee(s) .................................................................. 11

Bill Number Legislative Action Page(s)

SB 0179 Recalled - Amendment(s) ....................................................................................... 336

SB 0179 Third Reading ......................................................................................................... 337 SB 0210 Recalled - Amendment(s) ....................................................................................... 338

SB 0210 Third Reading ......................................................................................................... 343

SB 0212 Recalled - Amendment(s) ....................................................................................... 343 SB 0212 Third Reading ......................................................................................................... 344



SB 0232 Third Reading ......................................................................................................... 350




SB 0240 Third Reading ......................................................................................................... 354



SB 0242 Third Reading ......................................................................................................... 360 SB 0279 Third Reading ......................................................................................................... 363



SB 0303 Third Reading ......................................................................................................... 370




SB 0389 Third Reading ......................................................................................................... 383




SB 0461 Third Reading ......................................................................................................... 397

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[April 21, 2016]



SB 0579 Third Reading ......................................................................................................... 422 SB 2403 Third Reading ........................................................................................................... 13

SB 2432 Third Reading ........................................................................................................... 14

SB 2433 Recalled - Amendment(s) ......................................................................................... 14 SB 2433 Third Reading ........................................................................................................... 15

SB 2437 Third Reading ........................................................................................................... 15

SB 2439 Third Reading ........................................................................................................... 16 SB 2469 Third Reading ........................................................................................................... 16


SB 2506 Third Reading ........................................................................................................... 18


SB 2562 Third Reading ........................................................................................................... 18

SB 2584 Third Reading ........................................................................................................... 19


SB 2587 Third Reading ......................................................................................................... 336

SB 2600 Recalled - Amendment(s) ......................................................................................... 19 SB 2600 Third Reading ......................................................................................................... 314

SB 2604 Third Reading ........................................................................................................... 21

SB 2610 Third Reading ........................................................................................................... 21 SB 2677 Recalled - Amendment(s) ......................................................................................... 22

SB 2677 Third Reading ........................................................................................................... 25


SB 2746 Recalled - Amendment(s) ......................................................................................... 28


SB 2777 Third Reading ........................................................................................................... 47


SB 2806 Third Reading ........................................................................................................... 48


SB 2817 Third Reading ........................................................................................................... 50


SB 2822 Third Reading ........................................................................................................... 52


SB 2833 Third Reading ........................................................................................................... 53


SB 2837 Third Reading ........................................................................................................... 56


SB 2840 Third Reading ........................................................................................................... 59


SB 2869 Third Reading ........................................................................................................... 60


SB 2882 Third Reading ........................................................................................................... 62


SB 2884 Third Reading ......................................................................................................... 177

4

[April 21, 2016]


SB 2900 Third Reading ......................................................................................................... 178


SB 2905 Third Reading ......................................................................................................... 180


SB 2910 Third Reading ......................................................................................................... 182



SB 2921 Third Reading ......................................................................................................... 185


SB 2944 Third Reading ......................................................................................................... 186

SB 2947 Third Reading ......................................................................................................... 187

SB 2948 Third Reading ......................................................................................................... 187

SB 2950 Third Reading ......................................................................................................... 188


SB 2964 Third Reading ......................................................................................................... 189


SB 2974 Third Reading ......................................................................................................... 191




SB 3005 Third Reading ......................................................................................................... 199


SB 3010 Third Reading ......................................................................................................... 207


SB 3022 Third Reading ......................................................................................................... 208


SB 3024 Third Reading ......................................................................................................... 211

SB 3030 Recalled - Amendment(s) ....................................................................................... 311 SB 3032 Recalled - Amendment(s) ....................................................................................... 211

SB 3032 Third Reading ......................................................................................................... 212


SB 3036 Third Reading ......................................................................................................... 214


SB 3047 Third Reading ......................................................................................................... 248




SB 3072 Third Reading ......................................................................................................... 255


SB 3093 Third Reading ......................................................................................................... 257

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[April 21, 2016]


SB 3096 Third Reading ......................................................................................................... 257




SB 3119 Third Reading ......................................................................................................... 314



SB 3162 Third Reading ......................................................................................................... 318


SB 3177 Third Reading ......................................................................................................... 319

SB 3178 Third Reading ......................................................................................................... 320

SB 3180 Third Reading ......................................................................................................... 320

SB 3274 Third Reading ......................................................................................................... 321


SB 3289 Third Reading ......................................................................................................... 324


SB 3312 Third Reading ......................................................................................................... 326


SB 3315 Third Reading ......................................................................................................... 327




SB 3337 Third Reading ......................................................................................................... 331


SB 3367 Third Reading ......................................................................................................... 332


SB 3401 Third Reading ......................................................................................................... 335

SB 3412 Second Reading ...................................................................................................... 422 SJR 0053 Committee on Assignments ..................................................................................... 392

SJR 0054 Committee on Assignments ..................................................................................... 422

SJRCA 0029 Constitutional Amendment - Third Reading ............................................................. 12 SJRCA 0030 Constitutional Amendment - Third Reading ............................................................. 12

HB 4445 First Reading ............................................................................................................ 12 HB 5771 First Reading ............................................................................................................ 12

6

[April 21, 2016]

The Senate met pursuant to adjournment. Senator John M. Sullivan, Rushville, Illinois, presiding.

Prayer by Chance Newingham, Lifegate International Ministries, Athens, Illinois.

Senator Hutchinson led the Senate in the Pledge of Allegiance.

Senator Hunter moved that reading and approval of the Journal of Wednesday, April 20, 2016, be

postponed, pending arrival of the printed Journal. The motion prevailed.

LEGISLATIVE MEASURES FILED

The following Floor amendments to the Senate Bills listed below have been filed with the Secretary

and referred to the Committee on Assignments:

Amendment No. 2 to Senate Bill 235






MESSAGES FROM THE PRESIDENT

OFFICE OF THE SENATE PRESIDENT

STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL

SENATE PRESIDENT SPRINGFIELD, IL 62706 217-782-2728

April 21, 2016

Mr. Tim Anderson

Secretary of the Senate Room 401 State House

Springfield, IL 62706

Dear Mr. Secretary:

Pursuant to Rule 3-2(c), I hereby appoint Senator William Delgado to temporarily replace Senator Julie Morrison as a member of the Senate Commerce and Economic Development Committee. This

appointment is effective immediately and will automatically expire upon adjournment of the Senate

Commerce and Economic Development Committee.

Sincerely,

s/John J. Cullerton John J. Cullerton

Senate President

cc: Senate Minority Leader Christine Radogno

OFFICE OF THE SENATE PRESIDENT

STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL SENATE PRESIDENT SPRINGFIELD, IL 62706

217-782-2728

7

[April 21, 2016]

April 21, 2016

Mr. Tim Anderson Secretary of the Senate

Room 401 State House


Dear Mr. Secretary:

Pursuant to Rule 3-2(c), I hereby appoint Senator Kimberly Lightford to temporarily replace Senator

Melinda Bush as a member of the Senate Commerce and Economic Development Committee. This appointment is effective immediately and will automatically expire upon adjournment of the Senate

Commerce and Economic Development Committee.

Sincerely,

s/John J. Cullerton

John J. Cullerton

Senate President

cc: Senate Minority Leader Christine Radogno

COMMUNICATION FROM THE MINORITY LEADER

DISTRICT OFFICE CAPITOL OFFICE:

1011 STATE STREET, SUITE 210 309A STATE HOUSE LEMONT, ILLINOIS 60439 SPRINGFIELD, IL 62706

PHONE: 630/243-0800 (217)782-9407

FAX: 630/243-0808 FAX: (217)782-7818

ILLINOIS STATE SENATE

CHRISTINE RADOGNO

SENATE REPUBLICAN LEADER ∙ 41ST SENATE DISTRICT

April 21, 2016

Tim Anderson Secretary of the Senate

401 Capitol Building


Dear Secretary Anderson:

Pursuant to Senate Rule 3-2), I am making the following change to Committee appointments:

Senator Dan McConchie shall be Minority Spokesperson on the Senate State Government and Veterans Affairs Committee replacing Senator Chapin Rose.

Senator Dan McConchie shall replace former Senator Dan Duffy as a Member of the Senate Appropriations I Committee.

Senator Dan McConchie shall replace former Senator Dan Duffy as a Member of the Senate Labor Committee.

Senator Dan McConchie shall replace former Senator Dan Duffy as a Member of the Senate Commerce and Economic Development Committee.

8

[April 21, 2016]

Senator Dan McConchie shall replace former Senator Dan Duffy as a Member of the Senate Pensions Investments Committee.

These appointments are effective immediately.

Sincerely,

s/Christine Radogno Christine Radogno

Senate Republican Leader

cc: John Cullerton, Senate President

PRESENTATION OF RESOLUTIONS

SENATE RESOLUTION NO. 1773

Offered by Senator Anderson and all Senators:

Mourns the death of Victor L. Brown, Jr., of Rock Island.

SENATE RESOLUTION NO. 1774

Offered by Senator Anderson and all Senators: Mourns the death of Robert J. Ford, Sr., of Moline.

By unanimous consent, the foregoing resolutions were referred to the Resolutions Consent Calendar.

MESSAGE FROM THE SECRETARY OF STATE

OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary of State

April 21, 2016

Honorable Tim Anderson

Secretary of the Senate Room 401

Capitol Building


Dear Mr. Anderson:

This office is forwarding herewith a copy of a Notice of Vacancy from the Legislative Committee of

the Republican Party for the 26th Legislative District, declaring the existence of a vacancy in the Office

of State Senator for the 26th Legislative District, as a result of the resignation of Senator Dan Duffy, effective April 3, 2016.

Also enclosed is the copy of the Legislative Committee’s Certificate of Appointment for Daniel McConchie, who was appointed to fill the vacancy in the Office of State Senator in the 26th Legislative

District..

Yours truly,

s/Jesse White

JESSE WHITE Secretary of State

OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary of State

9

[April 21, 2016]

NOTICE

Changes in the Ninety-Ninth General Assembly

SENATE

Appointment Vacancy Daniel McConchie Dan Duffy

26th Legislative District 26th Legislative District

Appointed: April 20, 2016 Resignation efft.: April 3, 2016 Effective: April 20, 2016 Filed: April 7, 2016

Filed: April 21, 2016

cc: Communications Department

House Speaker Madigan House Republican Leader Durkin

Legal Department

Legislative Affairs

Office of the Governor

Secretary of State

Senate President Cullerton Senate Republican Leader Radogno

State Board of Elections

CERTIFICATE OF LEGISLATIVE COMMITTEE ORGANIZATION

26th LEGISLATIVE DISTRICT )

STATE OF ILLINOIS

COUNTY OF LAKE (County in which organization occurred)

This is to certify that, in accordance with 10 ILCS 5/8-5, the Legislative Committee of the Republican Party of the 26th Legislative District met on April 20, 2016, at 112 Wool Street in the City of Barrington,

County of Lake and organized by electing the following officers in conformity with the Election Laws of

this State.

Mark L. Shaw

PRINT CHAIRMAN’S NAME

1155 Highland Avenue; Lake Forest, IL 60045

COMPLETE MAILING ADDRESS

Sandra Salgado

PRINT SECRETARY’S NAME

3711 Maple Avenue, McHenry, IL 60050

COMPLETE MAILING ADDRESS

SIGNED: s/Mark L. Shaw ATTEST: s/Sandra Salgado

CHAIRMAN SECRETARY

NOTIFICATION OF VACANCY

Legislative Committee of the )

Republican Party of the )

26th Legislative District ) )

)

10

[April 21, 2016]

STATE OF ILLINOIS )

WHEREAS, State Senator Dan Duffy, a member of the Republican Party, has resigned as Senator in the

General Assembly for the 26th Legislative District; and

WHEREAS, Senator Duffy was the duly elected State Senator for the 26th Legislative District for the 99th

General Assembly; and

WHEREAS, Senator Duffy’s resignation was effective Sunday, April 3, 2016;

NOW THEREFORE, the Legislative Committee of the Republican Party of the 26th Legislative District

does hereby find and declare that the office of State Senator for the 26th District is vacant for the remainder of the 99th General Assembly.

s/Mark L. Shaw Mark L. Shaw

Chairman

s/Sandra Salgado

Sandra Salgado

Secretary

DATE:

CERTIFICATE OF APPOINTMENT TO FILL VACANCY IN

LEGISLATIVE DISTRICT OFFICE

WHEREAS, a vacancy has occurred in the office of State Senator in the 26th Legislative District of Illinois

by reason of the resignation of Dan Duffy, a duly elected officer of the Republican Party from the 26 th

Legislative District of Illinois, and

WHEREAS, the Legislative Committee of the Republican Party of the 26th Legislative District has met

and voted to fill the vacancy in said office, as required by 10 ILCS 5/25-6.

BE IT RESOLVED that the Legislative Committee of the Republican Party of the 26th Legislative District

of Illinois hereby appoints Daniel McConchie of Hawthorn Woods, Illinois, a member of the Republican Party, to the office of State

Senator in the 26th Legislative District of Illinois.

s/Mark L. Shaw 39608

Chairman Mark L. Shaw Vote Cast

Legislative Committee of the 26th Legislative District

s/Sandra Salgado 16,487

Secretary Sandra Salgado Vote Cast

THIS SPACE AVAILABLE FOR ADDITIONAL

MEMBERS SIGNATURES (If any)

s/Tom Hartwell 2261

Name Vote Cast

s/Mary Alice Benoit 277

Name Vote Cast

s/Daniel S. Fitzgerald 4877

Name Vote Cast

DATED April 20, 2016 (insert month, day, year)

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[April 21, 2016]

NOTE: This certificate must be filed with the Secretary of State and with the House of Representatives or the Secretary of the Senate, whichever is applicable.

STATE OF ILLINOIS

I, Dan McConchie, do solemnly swear that I will support the Constitution of the United States, and

the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of State Senator to the best of my abilities.

s/Dan McConchie

Subscribed and sworn to before me, this 20 day of April, 2016.

s/Daniel Shanes

REPORTS FROM STANDING COMMITTEES

Senator Cunningham, Chairperson of the Committee on Agriculture, to which was referred the

following Senate floor amendment, reported that the Committee recommends do adopt:

Senate Amendment No. 2 to Senate Bill 2910


Under the rules, the foregoing floor amendment is eligible for consideration on second reading.

Senator Holmes, Chairperson of the Committee on Commerce and Economic Development, to

which was referred the following Senate floor amendments, reported that the Committee recommends do

adopt:



Under the rules, the foregoing floor amendments are eligible for consideration on second reading.

Senator Trotter, Chairperson of the Committee on Appropriations I, to which was referred Senate

Bill No. 3412, reported the same back with the recommendation that the bill do pass. Under the rules, the bill was ordered to a second reading.

Senator Collins, Chairperson of the Committee on Financial Institutions, to which was referred the

following Senate floor amendment, reported that the Committee recommends do adopt:


Under the rules, the foregoing floor amendment is eligible for consideration on second reading.

Senator Forby, Chairperson of the Committee on Labor, to which was referred the following Senate floor amendments, reported that the Committee recommends do adopt:

Senate Amendment No. 1 to Senate Bill 2613 Senate Amendment No. 1 to Senate Bill 3104

Under the rules, the foregoing floor amendments are eligible for consideration on second reading.

12

[April 21, 2016]

READING BILLS FROM THE HOUSE OF REPRESENTATIVES A FIRST TIME

House Bill No. 4445, sponsored by Senator Harris, was taken up, read by title a first time and

referred to the Committee on Assignments.

House Bill No. 5771, sponsored by Senator Harmon, was taken up, read by title a first time and

referred to the Committee on Assignments.

Senator Althoff asked and obtained unanimous consent to recess for the purpose of a Republican caucus.

At the hour of 12:13 o'clock p.m., the Chair announced that the Senate stand at recess subject to the

call of the Chair.

AFTER RECESS

At the hour of 12:30 o'clock p.m., the Senate resumed consideration of business.

Senator Sullivan, presiding.

READING CONSTITUTIONAL AMENDMENTS A THIRD TIME

On motion of Senator Raoul, Senate Joint Resolution Constitutional Amendment No. 30, having

been printed, was taken up, read in full a third time.

Senator Raoul moved that Senate Joint Resolution Constitutional Amendment No. 30, be adopted. And on that motion, a call of the roll was had resulting as follows:

YEAS 39; NAYS 19.

The following voted in the affirmative:

Bennett Harmon Link Raoul

Bertino-Tarrant Harris Manar Sandoval

Biss Hastings Martinez Silverstein Bush Holmes McCann Stadelman

Collins Hunter McGuire Steans

Cullerton, T. Hutchinson Morrison Sullivan Cunningham Jones, E. Mulroe Trotter

Delgado Koehler Muñoz Van Pelt

Forby Landek Murphy, L. Mr. President Haine Lightford Noland

The following voted in the negative:

Althoff Connelly Murphy, M. Righter

Anderson Luechtefeld Nybo Rose Barickman McCarter Oberweis Syverson

Bivins McConchie Radogno Weaver

Brady McConnaughay Rezin

The motion prevailed.

And the resolution was adopted by a three-fifths vote. Ordered that the Secretary inform the House of Representatives thereof and ask their concurrence

therein.

On motion of Senator T. Cullerton, Senate Joint Resolution Constitutional Amendment No. 29,

having been printed, was taken up, read in full a third time.

13

[April 21, 2016]

Senator T. Cullerton moved that Senate Joint Resolution Constitutional Amendment No. 29, be adopted.

And on that motion, a call of the roll was had resulting as follows:

YEAS 21; NAYS 28; Present 4.


Bennett Delgado Manar Stadelman

Bertino-Tarrant Forby Morrison Steans Biss Harmon Mulroe Mr. President

Bush Hastings Murphy, L. Cullerton, T. Landek Noland

Cunningham Link Silverstein


Althoff Hutchinson Murphy, M. Sullivan

Barickman Jones, E. Nybo Syverson

Bivins Koehler Oberweis Trotter

Brady Lightford Radogno Weaver Connelly Luechtefeld Raoul

Haine McCarter Rezin

Harris McConchie Righter Holmes McConnaughay Rose

The following voted present:

Collins Martinez

Hunter Muñoz

Having failed to receive a vote of three-fifths of the members elected, the resolution was declared

lost.

READING BILLS OF THE SENATE A THIRD TIME

On motion of Senator Rose, Senate Bill No. 2403 having been transcribed and typed and all

amendments adopted thereto having been printed, was taken up and read by title a third time. And the question being, “Shall this bill pass?” it was decided in the affirmative by the following

vote:

YEAS 57; NAYS None.


Althoff Harmon McCarter Righter

Anderson Harris McConchie Rose Barickman Hastings McConnaughay Sandoval

Bennett Holmes McGuire Silverstein

Biss Hunter Morrison Stadelman Bivins Hutchinson Mulroe Steans

Brady Jones, E. Muñoz Sullivan

Bush Koehler Murphy, L. Syverson Collins Landek Murphy, M. Trotter

Connelly Lightford Noland Van Pelt

Cullerton, T. Link Nybo Weaver Cunningham Luechtefeld Oberweis Mr. President

Delgado Manar Radogno

14

[April 21, 2016]

Forby Martinez Raoul Haine McCann Rezin

This bill, having received the vote of a constitutional majority of the members elected, was declared passed, and all amendments not adopted were tabled pursuant to Senate Rule No. 5-4(a).

Ordered that the Secretary inform the House of Representatives thereof and ask their concurrence

therein.

On motion of Senator Althoff, Senate Bill No. 2432 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.

And the question being, “Shall this bill pass?” it was decided in the affirmative by the following vote:

YEAS 57; NAYS None.



Anderson Harris McConchie Rose

Barickman Hastings McConnaughay Sandoval Bennett Holmes McGuire Silverstein

Bertino-Tarrant Hunter Morrison Stadelman

Biss Hutchinson Mulroe Steans Bivins Jones, E. Muñoz Sullivan

Brady Koehler Murphy, L. Syverson

Collins Landek Murphy, M. Trotter Connelly Lightford Noland Van Pelt

Cullerton, T. Link Nybo Weaver

Cunningham Luechtefeld Oberweis Mr. President Delgado Manar Radogno

Forby Martinez Raoul

Haine McCann Rezin

This bill, having received the vote of a constitutional majority of the members elected, was declared

passed, and all amendments not adopted were tabled pursuant to Senate Rule No. 5-4(a). Ordered that the Secretary inform the House of Representatives thereof and ask their concurrence

therein.

SENATE BILL RECALLED

On motion of Senator Althoff, Senate Bill No. 2433 was recalled from the order of third reading to

the order of second reading.

Senator Althoff offered the following amendment and moved its adoption:

AMENDMENT NO. 4 TO SENATE BILL 2433

AMENDMENT NO. 4 . Amend Senate Bill 2433, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 3, on page 19, line 20, by deleting "Board or".

The motion prevailed. And the amendment was adopted and ordered printed.

There being no further amendments, the foregoing Amendment No. 4 was ordered engrossed, and

the bill, as amended, was ordered to a third reading.


15

[April 21, 2016]

On motion of Senator Althoff, Senate Bill No. 2433 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.

And the question being, “Shall this bill pass?” it was decided in the affirmative by the following

vote:

YEAS 56; NAYS None.


Althoff Harmon McConchie Rose Anderson Harris McConnaughay Sandoval

Barickman Hastings McGuire Silverstein Bennett Holmes Morrison Stadelman

Bertino-Tarrant Hunter Mulroe Steans

Biss Hutchinson Muñoz Sullivan Bivins Koehler Murphy, L. Syverson

Brady Landek Murphy, M. Trotter

Bush Lightford Noland Van Pelt

Collins Link Nybo Weaver

Connelly Luechtefeld Oberweis Mr. President

Cullerton, T. Manar Radogno Delgado Martinez Raoul

Forby McCann Rezin

Haine McCarter Righter



therein.

Senator Jones asked and obtained unanimous consent for the Journal to reflect his intention to have voted in the affirmative on Senate Bill No. 2433.

On motion of Senator Sandoval, Senate Bill No. 2437 having been transcribed and typed and all

amendments adopted thereto having been printed, was taken up and read by title a third time.


YEAS 57; NAYS None.


Althoff Haine McCarter Righter

Anderson Harmon McConchie Rose

Barickman Harris McConnaughay Sandoval Bennett Hastings McGuire Silverstein

Bertino-Tarrant Holmes Morrison Stadelman

Biss Hunter Mulroe Steans Bivins Hutchinson Muñoz Sullivan

Brady Jones, E. Murphy, L. Syverson

Bush Koehler Murphy, M. Trotter Collins Landek Noland Van Pelt

Connelly Lightford Nybo Weaver

Cullerton, T. Link Oberweis Mr. President Cunningham Luechtefeld Radogno

Delgado Manar Raoul

Forby McCann Rezin

16

[April 21, 2016]



therein.

On motion of Senator Sandoval, Senate Bill No. 2439 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.


vote:

YEAS 47; NAYS 7.


Althoff Harmon Manar Oberweis

Anderson Harris Martinez Radogno

Bennett Hastings McCann Raoul

Bertino-Tarrant Holmes McConnaughay Rose

Biss Hunter McGuire Silverstein

Bush Hutchinson Morrison Stadelman Collins Jones, E. Mulroe Steans

Cullerton, T. Koehler Muñoz Sullivan

Cunningham Landek Murphy, L. Trotter Delgado Lightford Murphy, M. Van Pelt

Forby Link Noland Mr. President

Haine Luechtefeld Nybo


Barickman McCarter Righter Weaver

Bivins Rezin Syverson


passed, and all amendments not adopted were tabled pursuant to Senate Rule No. 5-4(a).

Ordered that the Secretary inform the House of Representatives thereof and ask their concurrence therein.

On motion of Senator Lightford, Senate Bill No. 2469 having been transcribed and typed and all



YEAS 58; NAYS None.


Althoff Haine McCann Rezin

Anderson Harmon McCarter Righter

Barickman Harris McConchie Rose Bennett Hastings McConnaughay Sandoval

Bertino-Tarrant Holmes McGuire Silverstein





17

[April 21, 2016]






therein.

On motion of Senator Steans, Senate Bill No. 2504 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.


vote:

YEAS 57; NAYS None.


Althoff Haine McCann Rezin Anderson Harmon McCarter Righter

Barickman Harris McConchie Rose

Bennett Hastings McConnaughay Sandoval Bertino-Tarrant Holmes McGuire Silverstein

Biss Hunter Morrison Stadelman

Bivins Hutchinson Mulroe Steans Brady Jones, E. Muñoz Sullivan

Bush Koehler Murphy, L. Syverson

Collins Landek Murphy, M. Van Pelt Connelly Lightford Noland Weaver

Cullerton, T. Link Nybo Mr. President

Cunningham Luechtefeld Oberweis Delgado Manar Radogno





On motion of Senator Steans, Senate Bill No. 2505 having been transcribed and typed and all



YEAS 58; NAYS None.



Anderson Harmon McCarter Righter

Barickman Harris McConchie Rose Bennett Hastings McConnaughay Sandoval

Bertino-Tarrant Holmes McGuire Silverstein



18

[April 21, 2016]








therein.

On motion of Senator Righter, Senate Bill No. 2506 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.


vote:

YEAS 58; NAYS None.















On motion of Senator Koehler, Senate Bill No. 2562 having been transcribed and typed and all



YEAS 57; NAYS None.



Anderson Harris McConchie Rose

Barickman Hastings McConnaughay Sandoval Bennett Holmes McGuire Silverstein

Bertino-Tarrant Hunter Morrison Stadelman

19

[April 21, 2016]

Biss Hutchinson Mulroe Steans Bivins Jones, E. Muñoz Sullivan

Brady Koehler Murphy, L. Syverson

Bush Landek Murphy, M. Trotter Collins Lightford Noland Van Pelt

Connelly Link Nybo Weaver



Haine McCann Rezin



therein.

On motion of Senator Hutchinson, Senate Bill No. 2584 having been transcribed and typed and all



vote:

YEAS 58; NAYS None.
















On motion of Senator Delgado, Senate Bill No. 2600 was recalled from the order of third reading to the order of second reading.

Senator Delgado offered the following amendment and moved its adoption:


AMENDMENT NO. 2 . Amend Senate Bill 2600, AS AMENDED, with reference to page and line

numbers of Senate Amendment No. 1, on page 5, line 2, by replacing "compensated." with "compensated. No membership fees, dues, or assessments shall be required of any commission member."; and

20

[April 21, 2016]

on page 6, immediately after line 3, by inserting the following: "(vi) A woman.

"Public funds" and "public monies" mean any funds received from: the federal government or any

agency of the federal government; any state government or any agency or political subdivision of any state government; or the State or any unit of local government."; and

on page 9, line 11, by replacing "compensated." with "compensated. No membership fees, dues, or assessments shall be required of any commission member."; and

on page 10, immediately after line 12, by inserting the following: "(vi) A woman.

"Public funds" and "public monies" mean any funds received from: the federal government or any agency of the federal government; any state government or any agency or political subdivision of any state

government; or the State or any unit of local government."; and

on page 14, line 7, by replacing "compensated." with "compensated. No membership fees, dues, or

assessments shall be required of any commission member."; and

on page 15, immediately after line 8, by inserting the following:

"(vi) A woman.






"(vi) A woman.





on page 26, by immediately after line 14, by inserting the following:

"(vi) A woman.






"(vi) A woman.






"(vi) A woman.


government; or the State or any unit of local government.".

21

[April 21, 2016]

The motion prevailed.

And the amendment was adopted and ordered printed.

There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed, and the bill, as amended, was ordered to a third reading.


On motion of Senator Trotter, Senate Bill No. 2604 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.


YEAS 34; NAYS 20.


Bertino-Tarrant Hastings Manar Silverstein

Biss Holmes Martinez Stadelman

Bush Hunter McGuire Steans Collins Hutchinson Morrison Sullivan

Cunningham Jones, E. Mulroe Trotter

Delgado Koehler Muñoz Van Pelt Haine Landek Noland Mr. President

Harmon Lightford Raoul

Harris Link Sandoval


Althoff Luechtefeld Nybo Syverson

Anderson McCann Oberweis Weaver

Barickman McCarter Radogno Bivins McConchie Rezin

Brady McConnaughay Righter

Connelly Murphy, M. Rose



therein.

On motion of Senator Mulroe, Senate Bill No. 2610 having been transcribed and typed and all


vote:

YEAS 58; NAYS None.



Anderson Harmon McCarter Righter Barickman Harris McConchie Rose

Bennett Hastings McConnaughay Sandoval

Bertino-Tarrant Holmes McGuire Silverstein Biss Hunter Morrison Stadelman

Bivins Hutchinson Mulroe Steans

22

[April 21, 2016]

Brady Jones, E. Muñoz Sullivan Bush Koehler Murphy, L. Syverson

Collins Landek Murphy, M. Trotter

Connelly Lightford Noland Van Pelt Cullerton, T. Link Nybo Weaver

Cunningham Luechtefeld Oberweis Mr. President

Delgado Manar Radogno Forby Martinez Raoul




On motion of Senator Althoff, Senate Bill No. 2677 was recalled from the order of third reading to

the order of second reading.



AMENDMENT NO. 1 . Amend Senate Bill 2677 by replacing everything after the enacting clause

with the following:

"Section 5. The Residential Real Property Disclosure Act is amended by changing Section 70 as follows:

(765 ILCS 77/70) Sec. 70. Predatory lending database program.

(a) As used in this Article:

"Adjustable rate mortgage" or "ARM" means a closed-end mortgage transaction that allows adjustments of the loan interest rate during the first 3 years of the loan term.

"Borrower" means a person seeking a mortgage loan.

"Broker" means a "broker" or "loan broker", as defined in subsection (p) of Section 1-4 of the Residential Mortgage License Act of 1987.

"Closing agent" means an individual assigned by a title insurance company or a broker or originator to

ensure that the execution of documents related to the closing of a real estate sale or the refinancing of a real estate loan and the disbursement of closing funds are in conformity with the instructions of the entity

financing the transaction.

"Counseling" means in-person counseling provided by a counselor employed by a HUD-approved counseling agency to all borrowers, or documented telephone counseling where a hardship would be

imposed on one or more borrowers. A hardship shall exist in instances in which the borrower is confined

to his or her home due to medical conditions, as verified in writing by a physician, or the borrower resides 50 miles or more from the nearest participating HUD-approved housing counseling agency. In instances

of telephone counseling, the borrower must supply all necessary documents to the counselor at least 72

hours prior to the scheduled telephone counseling session. "Counselor" means a counselor employed by a HUD-approved housing counseling agency.

"Credit score" means a credit risk score as defined by the Fair Isaac Corporation, or its successor, and

reported under such names as "BEACON", "EMPIRICA", and "FAIR ISAAC RISK SCORE" by one or more of the following credit reporting agencies or their successors: Equifax, Inc., Experian Information

Solutions, Inc., and TransUnion LLC. If the borrower's credit report contains credit scores from 2 reporting

agencies, then the broker or loan originator shall report the lower score. If the borrower's credit report contains credit scores from 3 reporting agencies, then the broker or loan originator shall report the middle

score.

"Department" means the Department of Financial and Professional Regulation. "Exempt person or entity" means that term as it is defined in subsections (d)(1), (d)(1.5), and (d)(1.8)

of Section 1-4 of the Residential Mortgage License Act of 1987.

"First-time homebuyer" means a borrower who has not held an ownership interest in residential property.

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"HUD-approved counseling" or "counseling" means counseling given to a borrower by a counselor employed by a HUD-approved housing counseling agency.

"Interest only" means a closed-end loan that permits one or more payments of interest without any

reduction of the principal balance of the loan, other than the first payment on the loan. "Lender" means that term as it is defined in subsection (g) of Section 1-4 of the Residential Mortgage

License Act of 1987.

"Licensee" means that term as it is defined in subsection (e) of Section 1-4 of the Residential Mortgage License Act of 1987.

"Mortgage loan" means that term as it is defined in subsection (f) of Section 1-4 of the Residential

Mortgage License Act of 1987. "Negative amortization" means an amortization method under which the outstanding balance may

increase at any time over the course of the loan because the regular periodic payment does not cover the full amount of interest due.

"Originator" means a "loan originator" as defined in subsection (hh) of Section 1-4 of the Residential

Mortgage License Act of 1987, except an exempt person, and means a "mortgage loan originator" as defined in subsection (jj) of Section 1-4 of the Residential Mortgage License Act of 1987, except an

exempt person.

"Points and fees" has the meaning ascribed to that term in Section 10 of the High Risk Home Loan Act.

"Prepayment penalty" means a charge imposed by a lender under a mortgage note or rider when the

loan is paid before the expiration of the term of the loan.

"Refinancing" means a loan secured by the borrower's or borrowers' primary residence where the proceeds are not used as purchase money for the residence.

"Title insurance company" means any domestic company organized under the laws of this State for the

purpose of conducting the business of guaranteeing or insuring titles to real estate and any title insurance company organized under the laws of another State, the District of Columbia, or a foreign government and

authorized to transact the business of guaranteeing or insuring titles to real estate in this State.

(a-5) A predatory lending database program shall be established within Cook County. The program shall be administered in accordance with this Article. The inception date of the program shall be July 1, 2008.

A predatory lending database program shall be expanded to include Kane, Peoria, and Will counties. The

inception date of the expansion of the program as it applies to Kane, Peoria, and Will counties shall be July 1, 2010. Until the inception date, none of the duties, obligations, contingencies, or consequences of

or from the program shall be imposed. The program shall apply to all mortgage applications that are

governed by this Article and that are made or taken on or after the inception of the program. (b) The database created under this program shall be maintained and administered by the Department.

The database shall be designed to allow brokers, originators, counselors, title insurance companies, and

closing agents to submit information to the database online. The database shall not be designed to allow those entities to retrieve information from the database, except as otherwise provided in this Article.

Information submitted by the broker or originator to the Department may be used to populate the online

form submitted by a counselor, title insurance company, or closing agent. (c) Within 10 business days after taking a mortgage application, the broker or originator for any

mortgage on residential property within the program area must submit to the predatory lending database

all of the information required under Section 72 and any other information required by the Department by rule. Within 7 business days after receipt of the information, the Department shall compare that

information to the housing counseling standards in Section 73 and issue to the borrower and the broker or

originator a determination of whether counseling is recommended for the borrower. The borrower may not waive counseling. If at any time after submitting the information required under Section 72 the broker

or originator (i) changes the terms of the loan or (ii) issues a new commitment to the borrower, then, within

5 business days thereafter, the broker or originator shall re-submit all of the information required under Section 72 and, within 4 business days after receipt of the information re-submitted by the broker or

originator, the Department shall compare that information to the housing counseling standards in Section

73 and shall issue to the borrower and the broker or originator a new determination of whether re-counseling is recommended for the borrower based on the information re-submitted by the broker or

originator. The Department shall require re-counseling if the loan terms have been modified to meet

another counseling standard in Section 73, or if the broker has increased the interest rate by more than 200 basis points.

(d) If the Department recommends counseling for the borrower under subsection (c), then the

Department shall notify the borrower of all participating HUD-approved counseling agencies located within the State and direct the borrower to interview with a counselor associated with one of those

agencies. Within 10 business days after receipt of the notice of HUD-approved counseling agencies, it is

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the borrower's responsibility to select one of those agencies and shall engage in an interview with a counselor associated with that agency. The selection must take place and the appointment for the interview

must be set within 10 business days, although the interview may take place beyond the 10 business day

period. Within 7 business days after interviewing the borrower, the counselor must submit to the predatory lending database all of the information required under Section 74 and any other information required by

the Department by rule. Reasonable and customary costs not to exceed $300 associated with counseling

provided under the program shall be paid by the broker or originator and shall not be charged back to, or recovered from, the borrower. The Department shall annually calculate to the nearest dollar an adjusted

rate for inflation. A counselor shall not recommend or suggest that a borrower contact any specific

mortgage origination company, financial institution, or entity that deals in mortgage finance to obtain a loan, another quote, or for any other reason related to the specific mortgage transaction; however, a

counselor may suggest that the borrower seek an opinion or a quote from another mortgage origination company, financial institution, or entity that deals in mortgage finance. A counselor or housing counseling

agency that in good faith provides counseling shall not be liable to a broker or originator or borrower for

civil damages, except for willful or wanton misconduct on the part of the counselor in providing the counseling.

(e) The broker or originator and the borrower may not take any legally binding action concerning the

loan transaction until the later of the following:

(1) the Department issues a determination not to recommend HUD-approved counseling for

the borrower in accordance with subsection (c); or

(2) the Department issues a determination that HUD-approved counseling is recommended

for the borrower and the counselor submits all required information to the database in accordance with

subsection (d).

(f) Within 10 business days after closing, the title insurance company or closing agent must submit to the predatory lending database all of the information required under Section 76 and any other information

required by the Department by rule.

(g) The title insurance company or closing agent shall attach to the mortgage a certificate of compliance with the requirements of this Article, as generated by the database. If the transaction is exempt, the title

insurance company or closing agent shall attach to the mortgage a certificate of exemption, as generated

by the database. If the title insurance company or closing agent fails to attach the certificate of compliance or exemption, whichever is required, then the mortgage is not recordable. In addition, if any lis pendens

for a residential mortgage foreclosure is recorded on the property within the program area, a certificate of

service must be simultaneously recorded that affirms that a copy of the lis pendens was filed with the Department. A lis pendens filed after July 1, 2016 shall be filed with the Department electronically. The

lis pendens may be filed with the Department either electronically or by filing a hard copy. If the certificate

of service is not recorded, then the lis pendens pertaining to the residential mortgage foreclosure in question is not recordable and is of no force and effect.

(h) All information provided to the predatory lending database under the program is confidential and is

not subject to disclosure under the Freedom of Information Act, except as otherwise provided in this Article. Information or documents obtained by employees of the Department in the course of maintaining

and administering the predatory lending database are deemed confidential. Employees are prohibited from

making disclosure of such confidential information or documents. Any request for production of information from the predatory lending database, whether by subpoena, notice, or any other source, shall

be referred to the Department of Financial and Professional Regulation. Any borrower may authorize in

writing the release of database information. The Department may use the information in the database without the consent of the borrower: (i) for the purposes of administering and enforcing the program; (ii)

to provide relevant information to a counselor providing counseling to a borrower under the program; or

(iii) to the appropriate law enforcement agency or the applicable administrative agency if the database information demonstrates criminal, fraudulent, or otherwise illegal activity.

(i) Nothing in this Article is intended to prevent a borrower from making his or her own decision as to

whether to proceed with a transaction. (j) Any person who violates any provision of this Article commits an unlawful practice within the

meaning of the Consumer Fraud and Deceptive Business Practices Act.

(j-1) A violation of any provision of this Article by a mortgage banking licensee or licensed mortgage loan originator shall constitute a violation of the Residential Mortgage License Act of 1987.

(j-2) A violation of any provision of this Article by a title insurance company, title agent, or escrow

agent shall constitute a violation of the Title Insurance Act. (j-3) A violation of any provision of this Article by a housing counselor shall be referred to the

Department of Housing and Urban Development.

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(k) During the existence of the program, the Department shall submit semi-annual reports to the Governor and to the General Assembly by May 1 and November 1 of each year detailing its findings

regarding the program. The report shall include, by county, at least the following information for each

reporting period: (1) the number of loans registered with the program;

(2) the number of borrowers receiving counseling;

(3) the number of loans closed; (4) the number of loans requiring counseling for each of the standards set forth in

Section 73;

(5) the number of loans requiring counseling where the mortgage originator changed the loan terms subsequent to counseling;

(6) the number of licensed mortgage brokers and loan originators entering information into the database;

(7) the number of investigations based on information obtained from the database,

including the number of licensees fined, the number of licenses suspended, and the number of licenses revoked;

(8) a summary of the types of non-traditional mortgage products being offered; and

(9) a summary of how the Department is actively utilizing the program to combat

mortgage fraud.

(Source: P.A. 97-891, eff. 1-1-13; 98-1081, eff. 1-1-15.)

Section 99. Effective date. This Act takes effect upon becoming law.".

The motion prevailed. And the amendment was adopted and ordered printed.

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed, and

the bill, as amended, was ordered to a third reading.

READING BILL OF THE SENATE A THIRD TIME

On motion of Senator Althoff, Senate Bill No. 2677 having been transcribed and typed and all


vote:

YEAS 58; NAYS None.



Anderson Harmon McCarter Righter Barickman Harris McConchie Rose

Bennett Hastings McConnaughay Sandoval

Bertino-Tarrant Holmes McGuire Silverstein Biss Hunter Morrison Stadelman

Bivins Hutchinson Mulroe Steans

Brady Jones, E. Muñoz Sullivan Bush Koehler Murphy, L. Syverson

Collins Landek Murphy, M. Trotter

Connelly Lightford Noland Van Pelt Cullerton, T. Link Nybo Weaver

Cunningham Luechtefeld Oberweis Mr. President

Delgado Manar Radogno Forby Martinez Raoul


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[April 21, 2016]



On motion of Senator Althoff, Senate Bill No. 2701 was recalled from the order of third reading to the order of second reading.



AMENDMENT NO. 1 . Amend Senate Bill 2701 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by changing Section 7-137 and by adding Section 7-137.2 as follows:

(40 ILCS 5/7-137) (from Ch. 108 1/2, par. 7-137)

Sec. 7-137. Participating and covered employees.

(a) The persons described in this paragraph (a) shall be included within and be subject to this Article

and eligible to benefits from this fund, beginning upon the dates hereinafter specified:

1. Except as to the employees specifically excluded under the provisions of this

Article, all persons who are employees of any municipality (or instrumentality thereof) or participating

instrumentality on the effective date of participation of the municipality or participating instrumentality

beginning upon such effective date.

2. Except as to the employees specifically excluded under the provisions of this

Article, all persons, who became employees of any participating municipality (or instrumentality

thereof) or participating instrumentality after the effective date of participation of such municipality or participating instrumentality, beginning upon the date such person becomes an employee.

3. All persons who file notice with the board as provided in paragraph (b) 2 and 3 of

this Section, beginning upon the date of filing such notice.

(b) The following described persons shall not be considered participating employees eligible for benefits

fr

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