SB3066ham005 101ST GENERAL ASSEMBLY

Rep. Delia C. Ramirez

Filed: 1/11/2021

10100SB3066ham005 LRB101 17653 HEP 74833 a

AMENDMENT TO SENATE BILL 3066

AMENDMENT NO. ______. Amend Senate Bill 3066 by replacing everything after the enacting clause with the following:

"Article 5.

Section 5-1. Short title. This Act may be cited as the COVID-19 Federal Emergency Rental Assistance Program Act.

Section 5-5. Purposes and findings. The purpose of this Act is for the State to implement federal Coronavirus Relief Fund (CRF) assistance to renters administered by the U.S. Department of the Treasury, appropriated from the Consolidated Appropriations Act, 2021.

International, national, State, and local governments and health authorities are responding to an outbreak of a disease caused by the novel Coronavirus referred to as COVID-19. African American and Latino households in the State are at disproportionate risk of exposure to and the contraction of COVID-19 and to economic effects of this pandemic.

On March 9, 2020, the Governor issued a disaster declaration proclamation in this State because of the threat of COVID-19.

On March 26, 2020, the President of the United States declared that a major disaster exists in the State and ordered Federal assistance to supplement State, tribal, and local recovery efforts in the areas affected by the COVID-19 pandemic beginning on January 20, 2020 and continuing.

Unpaid rent, late fees, and court costs are currently accruing against residential tenants and will be demanded by landlords after the expiration of the emergency period.

To reduce the rental arrears throughout this State, all eligible residential landlords and tenants alike shall avail themselves of the Emergency Rental Assistance Program.

The State deems it necessary to protect public health, life, and property during this declared state of emergency by protecting residential tenants, homeowners, and housing providers from certain evictions and other hardships during this public health and economic crisis.

Section 5-10. Definitions. As used in this Act:

"Administering State agency" means any agency or department of the State that is eligible to receive a direct federal allocation of federal Emergency Rental Assistance funds that will disburse and administer the Federal Emergency Rental Assistance Program.

"Applicant" or "program applicant" means any person or entity who is a residential tenant or lessee or landlord or lessor that has submitted an application, individually or jointly, to receive federal Emergency Rental Assistance funds.

"Eligible household" has the same meaning as used by the federal law enacting the federal Emergency Rental Assistance program.

"Program" means the federal Emergency Rental Assistance Program.

"Recipient" or "program recipient" means any person or entity that is a residential tenant or lessee, landlord or lessor, or utility provider that had a successful application, in that the administering State agency disbursed funds either: (i) on behalf of a residential tenant directly to the landlord or utility provider; or (ii) directly to the residential tenant.

Section 5-15. Federal Emergency Rental Assistance program.

(a) Any department or agency of the State eligible to receive a direct federal allocation and charged with disbursing allocated funds and administering the federal program shall do so in accordance with federal and State law.

(b) Consistent with federal law, any State agency administering this program shall create a process to provide rental assistance directly to eligible renters and to obviate or minimize the necessity of lessor or utility provider participation in submitting the application when the lessor or utility provider: (i) refuses to accept a direct payment; or (ii) fails to complete an application for assistance. The administering State agency shall make payments to a lessor or utility provider on behalf of an eligible household with a statement indicating which eligible household the payment is being made for, except that, if the lessor or utility provider does not agree to accept such a payment from the administering State agency after the administering State agency has made contact with the lessor or utility provider, then the administering State agency may make such payments directly to the eligible household for the purpose of the eligible household making payments to the lessor or utility provider. Notwithstanding the foregoing, nothing in this Act shall be construed to require a lessor or utility provider to accept funds from the program, whether paid directly by the administering State agency or by the eligible household.

(c) Consistent with federal law, any State agency administering this program shall provide program recipients with relief payments in an amount based on stated need rather than on a flat or fixed amount. An eligible household's stated need may include, but is not limited to, the amount of arrears owed to a lessor, utility provider, or both, or future rental payments based on monthly rent.

(d) Consistent with federal law, nothing in this Act shall be construed as precluding any administering State agency from capping or setting a limit on the amount of emergency rental payments made on behalf of any single household. The administering State agency may adopt additional eligibility criteria, application procedures, and program rules necessary to administer the program in conformity with the priorities and public policies expressed within this Act and federal law, as it may be amended.

(e) Consistent with federal law prohibiting duplicative payments from other federal programs, an administering State agency shall not disqualify an eligible household from the program based on previous application for or receipt of other similar federal assistance for periods that are different than that for which the program assistance is being provided under this Act.

(f) Unless necessary to comply with applicable federal or State law, the administering State agency shall not, for purposes of determining program eligibility, require a fully executed written lease or any type of documentation relating to any household member's immigration status. The administering State agency may accept a demand for rent letter, ledger or statement containing the outstanding balance, termination notice, or other alternative form of documentation containing or showing the amount of rental or utility arrears owed.

Section 5-20. Accessibility and transparency.

(a) In addition to federal requirements, the administering State agency shall make publicly accessible by publishing on its website any important program information, including, but not limited to, the following:

(1) program application forms for households, lessors, and utility providers, including any joint program application forms;

(2) program eligibility requirements;

(3) the administering State agency's procedures and processes for administering the program;

(4) the administering State agency's procedures and communication methods for notifying program applicants of defective applications due to incompletion, errors, missing information, or any other impediment;

(5) the administering State agency's procedures and methods for applicants to remedy defective applications due to incompletion, errors, missing information, or any other impediment; and

(6) any other important program information critical to applicants, including renters, lessors, and utility providers, relating to the application requirements and process, eligibility determination, and disbursement of payment.

(b) The administering State agency shall ensure that important program information, including the application and all marketing materials, is language accessible by publishing to its website the same in both English and Spanish.

Section 5-25. Process for further prioritizing applicants for financial assistance and housing stability services. In addition to federal program eligibility and prioritization requirements, the administering State agency shall make best efforts to give further prioritization to an eligible household: (i) located within a disproportionately impacted area based on positive COVID-19 cases; (ii) that has a documented history of housing instability or homelessness; or (iii) that has a significant amount of rental arrears.

Section 5-30. Required notifications and correspondence. The administering State agency shall ensure it communicates clearly with an applicant about the application determination process, including acceptance, status of a pending application, and any reason for denying an application.

(1) The administering State agency shall provide notice to an applicant upon finding that a submitted application is defective or should otherwise be considered ineligible, denied, or rejected.

(2) The notice from the administering State agency shall explain the reason why an applicant's submitted application is defective or should otherwise be considered ineligible, denied, or rejected.

(3) The notice shall contain the necessary information, process, accepted method, and deadline for the applicant to remedy any defective or deficient application, provided that remedy is possible.

(4) All notice and correspondence required to be provided by the administering State agency shall be given promptly and without unnecessary delay to any applicant.

Article 10.

Section 10-5. The Code of Civil Procedure is amended by changing Section 9-121 and by adding Sections 9-122, 9-123, 15-1513, and 15-1514 as follows:

(735 ILCS 5/9-121)

Sec. 9-121. Sealing of court file.

(a) Definition. As used in this Section, "court file" means the court file created when an eviction action is filed with the court.

(b) The court shall order the sealing of any court file in a residential eviction action if:

(1) the interests of justice in sealing the court file outweigh the public interest in maintaining a public record;

(2) the parties to the eviction action agree to seal the court file;

(3) there was no material violation of the terms of the tenancy by the tenant; or

(4) the case was dismissed with or without prejudice.

Discretionary sealing of court file. The court may order that a court file in an eviction action be placed under seal if the court finds that the plaintiff's action is sufficiently without a basis in fact or law, which may include a lack of jurisdiction, that placing the court file under seal is clearly in the interests of justice, and that those interests are not outweighed by the public's interest in knowing about the record.

(c) Mandatory sealing of court file. The court file relating to an eviction action brought against a tenant under Section 9-207.5 of this Code or as set forth in subdivision (h)(6) of Section 15-1701 of this Code shall be placed under seal.

(d) A sealed court file shall be made available only to the litigants in the case, their counsel or prospective counsel, and public employees responsible for processing the residential eviction action.

(e) Upon motion and order of the court, a sealed court file may be made available for scholarly, educational, journalistic, or governmental purposes only, balancing the interests of the parties and the public in nondisclosure with the interests of the requesting party. Identifying information of the parties shall remain sealed, unless the court determines that release of the information is necessary to fulfill the purpose of the request and the interests of justice so dictate. Nothing in this subsection shall permit the release of a sealed court file or the information contained therein for a commercial purpose.

(f) Except as provided in subsections (c) and (d), any person who disseminates a court file sealed under this Section, or the information contained therein, for commercial purposes shall be liable for a civil penalty of $2,000, or twice the actual and consequential damages sustained, whichever is greater, as well as the costs of the action, including reasonable attorney's fees.

(g) The Attorney General may enforce a violation of this Section as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.

(h) Nothing in this Section prohibits a landlord from receiving a reference from a previous landlord of a prospective tenant. Nothing in this Section prohibits a landlord from providing a reference for a previous or current tenant to a prospective landlord of that tenant.

(Source: P.A. 100-173, eff. 1-1-18.)

(735 ILCS 5/9-122 new)

Sec. 9-122. COVID-19 emergency sealing of court file.

(a) As used in this Section, "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19, and ending on March 31, 2022.

(b) The court file shall be sealed upon the commencement of any residential eviction action during the COVID-19 emergency and economic recovery period. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this Act and is not sealed, the court shall order the sealing of the court file. In accordance with Section 9-121, no sealed court file, sealed under this Section, shall be disseminated.

(c) If the court enters a judgment in favor of the landlord, the court may also enter an order to unseal the court file under this Section. A court shall order the court file to be unsealed if:

(1) the action is not based in whole or in part on the nonpayment of rent during the COVID-19 emergency and economic recovery period; and

(2) The requirements of subsection (b) or (c) of Section 9-121 have not been met.

(d) Subsections (d) through (h) of Section 9-121 shall also be applicable and incorporated into this Section.

(735 ILCS 5/9-123 new)

Sec. 9-123. Temporary COVID-19 moratorium on certain residential evictions.

(a) Purpose and findings. International, national, State, and local governments and health authorities are responding to an outbreak of a disease caused by the novel Coronavirus referred to as COVID-19. African American and Latino households in the State are at disproportionate risk of exposure to and the contraction of COVID-19 and to economic effects of this pandemic.

On March 9, 2020, the Governor issued a disaster declaration proclamation in this State because of the threat of COVID-19.

On March 26, 2020, the President of the United States declared that a major disaster exists in the State and ordered Federal assistance to supplement State, tribal, and local recovery efforts in the areas affected by the COVID-19 pandemic beginning on January 20, 2020 and continuing.

During this emergency and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement to prevent housed individuals from falling into homelessness.

The State deems it necessary to protect public health, life, and property during this declared state of emergency by protecting residential tenants, homeowners, and housing providers from certain evictions and other hardships during this public health and economic crisis.

On April 23, 2020, the Governor issued Executive Order 2020-30, in part, because the ongoing public health emergency required further action to prevent the commencement of residential eviction proceedings. On April 30, 2020, the Governor issued Executive Order 2020-33, which amended Executive Order 2020-30 to continue the prohibition on the enforcement of residential eviction actions, and the prohibitions on commencement of residential eviction actions and the enforcement of residential eviction orders in Executive Order 2020-33 have been extended, with some changes, by subsequent Executive Orders. As, however, the Governor may only enact and extend these moratoria by 30-day intervals, enacting an extended moratorium by legislation is necessary to provide additional protection and certainty, though nothing in this Section should be interpreted to rebut the Governor's ability to enact or extend a moratorium or the like by Executive Order, as permitted by Law.

(a-5) As used in this Section:

"Covered person" means any tenant, lessee, sublessee, or resident of a residential property who provides to his or her landlord, the owner of the residential property, or other person or entity with a legal right to pursue an eviction or possessory action, a declaration under penalty of perjury indicating that:

(1) the individual either: (i) expects to earn no more than $99,000, or no more than $198,000 if filing a joint tax return, in annual income for Calendar Year 2020 or 2021; (ii) was not required to report any income in 2019 or 2020 to the U.S. Internal Revenue Service; or (iii) received an Economic Impact Payment pursuant to Section 2201 of the CARES Act or the Coronavirus Response and Relief Supplemental Appropriations Act of 2021;

(2) the individual is unable to make a full rent or housing payment due to a COVID-19 related hardship;

(3) the individual is using his or her best efforts to make timely partial payments that are as close to the full payment as the individual's circumstances may permit, taking into account other nondiscretionary expenses; and

(4) eviction would likely render the individual homeless or force the individual to move into and live in close quarters in a new congregate or shared living setting because the individual has no other available housing options.

"Covered person" does not include any individual who now occupies the residential property if no individuals in the household have had a verbal or written rental agreement at any time for the subject property.

"COVID-19 related financial hardship" means any negative financial impact on an individual or household because of COVID-19 and associated governmental orders, including: loss of income, furlough, hour reduction or other interruption to employment due to workplace, school, and other facility closures; or increased household, child care, health care, or other expenses.

"Declaration", "COVID-19 hardship declaration", or "COVID-19 declaration" means the form declaration made available by the Illinois Housing Development Authority, or a similar declaration under penalty of perjury, that tenants of residential properties who are covered by this Section may use to invoke the protections of this Section.

"Dwelling unit" means a building, structure, or part of a building or structure or land appurtenant to a building or, a unit or lot of a manufactured home as defined in Section 3 of the Mobile Home Landlord and Tenant Rights Act, or other residential real estate used or held out for human habitation, together with all common areas and storage areas held out for use by the resident.

"Eviction" or "to evict" means using any judicial or nonjudicial means to involuntarily remove a residential tenant from a dwelling unit, including, but not limited to:

(1) issuing an eviction notice or other notice to terminate a tenancy;

(2) filing, serving, or other otherwise initiating a judicial eviction action;

(3) prosecuting a pending eviction action, other than as necessary to request a continuance or suspension of the matter or to comply with an order of the tribunal; or

(4) seeking or causing any order for the physical eviction of a residential tenant to be executed.

"Eviction order" or "order of eviction" means any order entered in an eviction that directs or authorizes the removal of a residential tenant from a dwelling unit. "Eviction order" or "order of eviction" does not include an order entered to remove a resident who is the perpetrator of violence in order to protect another resident or tenant from domestic violence, sexual violence, dating violence, or stalking. "Eviction order" or "order of eviction" does not include an order restoring a resident to possession of the dwelling unit.

"Eviction notice" means any notice directing a residential tenant to vacate the dwelling unit or premises or otherwise purporting to terminate a tenancy.

"Landlord" means an owner of record, agent, lessor, sublessor, court-appointed receiver or master, mortgagee in possession, or the successor in interest of any of them of a dwelling unit or the building of which it is a part and any person authorized to exercise any aspect of the management of the premises. "Landlord" includes any person who directly or indirectly receives rents and has no obligation to deliver the whole of the receipts to another person. "Landlord" also includes the owner of a mobile home park.

"Nondiscretionary expenses" include, but are not limited to, food, utilities, phone and internet access, school supplies, cold-weather clothing, medical expenses, childcare, and transportation costs, including car payments and insurance.

"Premises" means the dwelling unit and the building or structure of which it is a part, facilities and appurtenances therein, and grounds, areas, and facilities held out for the use of residents.

"Rental agreement" means every letting or lease, whether by written or verbal agreement, of a dwelling unit or small business commercial premises.

"Residential eviction action" means any judicial or administrative proceeding that seeks recovery of possession of a residential dwelling unit from a tenant, lessee, sublessee, or resident.

"Residential tenant" or "tenant" means a person entitled by written or verbal agreement, subtenancy approved by the landlord, or by sufferance to occupy a dwelling unit to the exclusion of others. "Residential tenant" or "tenant" includes persons referred to as a lessee, sublessee, and members of a tenant's household occupying the dwelling unit.

(b) A landlord or lessor may not commence a residential eviction action pursuant to or arising under this Article against a covered person, as defined in this Section, unless:

(1) the landlord or lessor pleads with specificity that the person is:

(i) engaging in criminal activity while on the premises;

(ii) threatening the health or safety of other residents;

(iii) damaging or posing an immediate and significant risk of damage to property; or

(iv) engaging in unreasonable behavior that substantially infringes on the use and enjoyment by other tenants or occupants; and

(2) the landlord or lessor certifies that he or she:

(i) provided each tenant or other person a COVID-19 Hardship declaration at least 5 days prior to commencement of the residential eviction action including, but not limited to, at least 5 days prior to the issuance of a notice of termination of tenancy; and

(ii) has not received an executed declaration form from the tenant declaring that he or she is a covered person.

(c) A landlord or lessor may not commence a residential eviction action pursuant to or arising under this Article against any tenant, lessee, sublessee, or resident who does not owe rent unless the landlord or lessor pleads with specificity that the person is:

(1) engaging in criminal activity while on the premises;

(2) threatening the health or safety of other residents;

(3) damaging or posing an immediate and significant risk of damage to property; or

(4) engaging in unreasonable behavior that substantially infringes on the use and enjoyment by other tenants or occupants.

A tenant shall not be required to provide a declaration if he or she is covered by this Section.

(d) If upon review the court determines that the landlord or lessor fails to meet the requirements set forth in either subsection (b) or (c), the court shall issue an order dismissing the action, without prejudice, and sealing the record if not previously sealed by the court. If the court finds that a landlord or its attorney knowingly filed an action contrary to this Section, the court, in its discretion, may order the case dismissed with prejudice and award attorney's fees, if any, to the tenant.

(e) If, upon review, the court determines that the landlord or lessor properly meets the requirements of either subsection (b) or (c), whichever is applicable, the matter may proceed.

(f) The tenant may serve a completed COVID-19 hardship declaration on a landlord or lessor after the commencement of a residential eviction action pursuant to or arising under this Article. If the tenant serves the completed declaration on the landlord or lessor after the landlord has filed the action, the Court shall stay the eviction proceeding until this Section becomes inoperative.

(g) A landlord shall not file an action based on an allegation arising under paragraph (1) of subsection (b) unless the landlord has previously served the tenant with a notice to quit pursuant to Section 9-210. If a landlord files an eviction action based on allegations arising under paragraph (1) of subsection (b), the landlord may file a single count complaint for possession only and shall not join with it a claim for rent pursuant to Section 9-106. This Section does not affect the landlord's ability to claim past due rent in a separate civil action.

(h) When the landlord or lessor provides each tenant with a declaration, the landlord or lessor shall also serve the plain language cover sheet prepared by the Illinois Housing Development Authority. If the landlord or lessor knows that the tenant primarily communicates in a language other than English, the landlord shall serve a version of the form declaration and plain language cover sheet in the language primarily used by the household. The Illinois Housing Development Authority shall prepare and make available on its website the form declaration and plain language cover sheet in English and Spanish through at least August 1, 2021.

(i) All State, county, and local law enforcement officers in the State are instructed to cease enforcement of orders of eviction for residential premises, unless the tenant of the residential property has been found by a court of law to be subject to an allegation under paragraph (1) of subsection (b).

(j) If a landlord who has been prohibited from filing an action under this Section later files an eviction at the conclusion of this moratorium, the landlord may join with its claim for an eviction order and for rent a claim that the tenant committed perjury by filing a false declaration. The tenant shall have a rebuttable presumption that his or her declaration was truthful. If the landlord rebuts this presumption with clear and convincing evidence, the court shall enter judgment in the amount of the landlord's actual damages. If the court determines the tenant knowingly committed perjury, the court may enter such other sanctions as it deems just.

(k) Nothing in this Section shall be construed as relieving any individual of the obligation to pay rent or comply with any other obligation that an individual might have pursuant to a lease or rental agreement.

(l) Nothing in this Section shall be construed as a prohibition, limitation, or any other restriction on the Governor's authority pursuant to the Illinois Emergency Management Agency Act.

(m) This Section shall not be construed to preempt any home rule unit ordinance or local court order providing tenants similar protections so long as it is not in conflict and no less restrictive than the provisions provided herein.

(n) This Section is inoperative on and after August 1, 2021.

(735 ILCS 5/15-1513 new)

Sec. 15-1513. Temporary COVID-19 stay of judicial sales, orders of possession.

(a) Notwithstanding Section 15-1507, no judicial foreclosure sale shall be held between the effective date of this Section and July 31, 2021. Any judicial foreclosure sale pending as of the effective date of this Section shall be cancelled and renoticed for a date after July 31, 2021.

(b) Notwithstanding subsection (g) of Section 15-1508, no order of possession pursuant to a confirmation of judicial foreclosure sale shall be entered by a court, placed with a sheriff for execution, or executed by a sheriff until a date after July 31, 2021.

(c) This Section applies to any action to foreclose a mortgage relating to residential real estate, which, as used in this Section, includes any real estate except a single tract of agricultural real estate consisting of more than 40 acres, that is improved with a single family residence or residential condominium units or a multiple dwelling structure containing single family dwelling units for 6 or fewer families living independently of each other, except that this Section does not apply in cases in which the plaintiff establishes by competent proof that the subject real property is vacant or abandoned.

(735 ILCS 5/15-1514 new)

Sec. 15-1514. Temporary COVID-19 stay of certain foreclosure proceedings and filings.

(a) This Section applies to any action to foreclose a mortgage relating to residential real estate, which, as used in this Section, includes any real estate except a single tract of agricultural real estate consisting of more than 40 acres, that is improved with a single family residence or residential condominium units or a multiple dwelling structure containing single family dwelling units for 6 or fewer families living independently of each other, except that this Section does not apply in cases in which the plaintiff establishes by competent proof that the subject real property is vacant or abandoned. As used in this Section, "residential real estate" includes shares assigned to a unit in a residential cooperative.

(b) Any action to foreclose a mortgage pending on the effective date of this amendatory Act of the 101st General Assembly, including actions filed on or before March 9, 2020, or commenced within 30 days of the effective date of this amendatory Act of the 101st General Assembly, shall be stayed until May 1, 2021.

(c) No court shall accept for filing any action to foreclose a mortgage before May 1, 2021.

(d) All deadlines related to any pending foreclosure proceeding on the effective date of this Section, including the running of any redemption period, are tolled until May 1, 2021.

(e) If any clause, sentence, paragraph, subsection, or part of this Section shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subsection, or part of this Section directly involved in the controversy in which the judgment shall have been rendered.

Section 10-10. The Condominium Property Act is amended by adding Section 36 as follows:

(765 ILCS 605/36 new)

Sec. 36. Temporary COVID-19 restriction on remedies for failure to pay assessments or rent.

(a) Notwithstanding any provision of this Act or any other provision of law, when a unit owner or residential tenant has a COVID-19 related financial hardship and submitted to the board a COVID-19 declaration, as those terms are defined in Section 9-123 of the Code of Civil Procedure, the board of managers of a condominium association may not:

(1) impose charges or levy fines against any unit owner who fails to make any payment of the common expenses when due; or

(2) evict a unit owner or residential tenant.

(b) This Section is repealed on August 1, 2021.

Section 10-15. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, Section 9-121 of the Code of Civil Procedure, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 100-863, eff. 8-14-18.)

Article 99.

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