Bill Amendment: IL SB3066 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TREASURER-CLERK & RECORD FEES
Status: 2021-01-13 - Session Sine Die [SB3066 Detail]
Download: Illinois-2019-SB3066-House_Amendment_006.html
Bill Title: TREASURER-CLERK & RECORD FEES
Status: 2021-01-13 - Session Sine Die [SB3066 Detail]
Download: Illinois-2019-SB3066-House_Amendment_006.html
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1 | AMENDMENT TO SENATE BILL 3066
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2 | AMENDMENT NO. ______. Amend Senate Bill 3066 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Article 5. | ||||||
5 | Section 5-1. Short title. This Act may be cited as the | ||||||
6 | COVID-19 Federal Emergency Rental Assistance Program Act.
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7 | Section 5-5. Purposes and findings. The purpose of this Act | ||||||
8 | is for the State to implement federal Coronavirus Relief Fund | ||||||
9 | (CRF) assistance to renters administered by the U.S. Department | ||||||
10 | of the Treasury, appropriated from the Consolidated | ||||||
11 | Appropriations Act, 2021. | ||||||
12 | International, national, State, and local governments and | ||||||
13 | health authorities are responding to an outbreak of a disease | ||||||
14 | caused by the novel Coronavirus referred to as COVID-19. | ||||||
15 | African American and Latino households in the State are at |
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1 | disproportionate risk of exposure to and the contraction of | ||||||
2 | COVID-19 and to economic effects of this pandemic. | ||||||
3 | On March 9, 2020, the Governor issued a disaster | ||||||
4 | declaration proclamation in this State because of the threat of | ||||||
5 | COVID-19. | ||||||
6 | On March 26, 2020, the President of the United States | ||||||
7 | declared that a major disaster exists in the State and ordered | ||||||
8 | Federal assistance to supplement State, tribal, and local | ||||||
9 | recovery efforts in the areas affected by the COVID-19 pandemic | ||||||
10 | beginning on January 20, 2020 and continuing. | ||||||
11 | Unpaid rent, late fees, and court costs are currently | ||||||
12 | accruing against residential tenants and will be demanded by | ||||||
13 | landlords after the expiration of the emergency period. | ||||||
14 | To reduce the rental arrears throughout this State, all | ||||||
15 | eligible residential landlords and tenants alike shall avail | ||||||
16 | themselves of the Emergency Rental Assistance Program.
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17 | The State deems it necessary to protect public health, | ||||||
18 | life, and property during this declared state of emergency by | ||||||
19 | protecting residential tenants, homeowners, and housing | ||||||
20 | providers from certain evictions and other hardships during | ||||||
21 | this public health and economic crisis.
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22 | Section 5-10. Definitions. As used in this Act: | ||||||
23 | "Administering State agency" means any agency or | ||||||
24 | department of the State that is eligible to receive a direct | ||||||
25 | federal allocation of federal Emergency Rental Assistance |
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1 | funds that will disburse and administer the Federal Emergency | ||||||
2 | Rental Assistance Program. | ||||||
3 | "Applicant" or "program applicant" means any person or | ||||||
4 | entity who is a residential tenant or lessee or landlord or | ||||||
5 | lessor that has submitted an application, individually or | ||||||
6 | jointly, to receive federal Emergency Rental Assistance funds. | ||||||
7 | "Eligible household" has the same meaning as used by the | ||||||
8 | federal law enacting the federal Emergency Rental Assistance | ||||||
9 | program. | ||||||
10 | "Program" means the federal Emergency Rental Assistance | ||||||
11 | Program. | ||||||
12 | "Recipient" or "program recipient" means any person or | ||||||
13 | entity that is a residential tenant or lessee, landlord or | ||||||
14 | lessor, or utility provider that had a successful application, | ||||||
15 | in that the administering State agency disbursed funds either: | ||||||
16 | (i) on behalf of a residential tenant directly to the landlord | ||||||
17 | or utility provider; or (ii) directly to the residential | ||||||
18 | tenant.
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19 | Section 5-15. Federal Emergency Rental Assistance program. | ||||||
20 | (a) Any department or agency of the State eligible to | ||||||
21 | receive a direct federal allocation and charged with disbursing | ||||||
22 | allocated funds and administering the federal program shall do | ||||||
23 | so in accordance with federal and State law. | ||||||
24 | (b) Consistent with federal law, any State agency | ||||||
25 | administering this program shall create a process to provide |
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1 | rental assistance directly to eligible renters and to obviate | ||||||
2 | or minimize the necessity of lessor or utility provider | ||||||
3 | participation in submitting the application when the lessor or | ||||||
4 | utility provider: (i) refuses to accept a direct payment; or | ||||||
5 | (ii) fails to complete an application for assistance. The | ||||||
6 | administering State agency shall make payments to a lessor or | ||||||
7 | utility provider on behalf of an eligible household with a | ||||||
8 | statement indicating which eligible household the payment is | ||||||
9 | being made for, except that, if the lessor or utility provider | ||||||
10 | does not agree to accept such a payment from the administering | ||||||
11 | State agency after the administering State agency has made | ||||||
12 | contact with the lessor or utility provider, then the | ||||||
13 | administering State agency may make such payments directly to | ||||||
14 | the eligible household for the purpose of the eligible | ||||||
15 | household making payments to the lessor or utility provider. | ||||||
16 | Notwithstanding the foregoing, nothing in this Act shall be | ||||||
17 | construed to require a lessor or utility provider to accept | ||||||
18 | funds from the program, whether paid directly by the | ||||||
19 | administering State agency or by the eligible household. | ||||||
20 | (c) Consistent with federal law, any State agency | ||||||
21 | administering this program shall provide program recipients | ||||||
22 | with relief payments in an amount based on stated need rather | ||||||
23 | than on a flat or fixed amount. An eligible household's stated | ||||||
24 | need may include, but is not limited to, the amount of arrears | ||||||
25 | owed to a lessor, utility provider, or both, or future rental | ||||||
26 | payments based on monthly rent. |
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1 | (d) Consistent with federal law, nothing in this Act shall | ||||||
2 | be construed as precluding any administering State agency from | ||||||
3 | capping or setting a limit on the amount of emergency rental | ||||||
4 | payments made on behalf of any single household. The | ||||||
5 | administering State agency may adopt additional eligibility | ||||||
6 | criteria, application procedures, and program rules necessary | ||||||
7 | to administer the program in conformity with the priorities and | ||||||
8 | public policies expressed within this Act and federal law, as | ||||||
9 | it may be amended. | ||||||
10 | (e) Consistent with federal law prohibiting duplicative | ||||||
11 | payments from other federal programs, an administering State | ||||||
12 | agency shall not disqualify an eligible household from the | ||||||
13 | program based on previous application for or receipt of other | ||||||
14 | similar federal assistance for periods that are different than | ||||||
15 | that for which the program assistance is being provided under | ||||||
16 | this Act. | ||||||
17 | (f) Unless necessary to comply with applicable federal or | ||||||
18 | State law, the administering State agency shall not, for | ||||||
19 | purposes of determining program eligibility, require a fully | ||||||
20 | executed written lease or any type of documentation relating to | ||||||
21 | any household member's immigration status. The administering | ||||||
22 | State agency may accept a demand for rent letter, ledger or | ||||||
23 | statement containing the outstanding balance, termination | ||||||
24 | notice, or other alternative form of documentation containing | ||||||
25 | or showing the amount of rental or utility arrears owed.
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1 | Section 5-20. Accessibility and transparency. | ||||||
2 | (a) In addition to federal requirements, the administering | ||||||
3 | State agency shall make publicly accessible by publishing on | ||||||
4 | its website any important program information, including, but | ||||||
5 | not limited to, the following: | ||||||
6 | (1) program application forms for households, lessors, | ||||||
7 | and utility providers, including any joint program | ||||||
8 | application forms; | ||||||
9 | (2) program eligibility requirements; | ||||||
10 | (3) the administering State agency's procedures and | ||||||
11 | processes for administering the program; | ||||||
12 | (4) the administering State agency's procedures and | ||||||
13 | communication methods for notifying program applicants of | ||||||
14 | defective applications due to incompletion, errors, | ||||||
15 | missing information, or any other impediment; | ||||||
16 | (5) the administering State agency's procedures and | ||||||
17 | methods for applicants to remedy defective applications | ||||||
18 | due to incompletion, errors, missing information, or any | ||||||
19 | other impediment; and | ||||||
20 | (6) any other important program information critical | ||||||
21 | to applicants, including renters and lessors relating to | ||||||
22 | the application requirements and process, eligibility | ||||||
23 | determination, and disbursement of payment. | ||||||
24 | (b) The administering State agency shall ensure that | ||||||
25 | important program information, including the application and | ||||||
26 | all marketing materials, is language accessible by publishing |
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1 | to its website the same in both English and Spanish.
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2 | Section 5-25. Process for further prioritizing applicants | ||||||
3 | for financial assistance and housing stability services. In | ||||||
4 | addition to federal program eligibility and prioritization | ||||||
5 | requirements, the administering State agency shall make best | ||||||
6 | efforts to give further prioritization to an eligible | ||||||
7 | household: (i) located within a disproportionately impacted | ||||||
8 | area based on positive COVID-19 cases; (ii) that has a | ||||||
9 | documented history of housing instability or homelessness; or | ||||||
10 | (iii) that has a significant amount of rental arrears.
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11 | Section 5-30. Required notifications and correspondence. | ||||||
12 | The administering State agency shall ensure it communicates | ||||||
13 | clearly with an applicant about the application determination | ||||||
14 | process, including acceptance, status of a pending | ||||||
15 | application, and any reason for denying an application. | ||||||
16 | (1) The administering State agency shall provide | ||||||
17 | notice to an applicant upon finding that a submitted | ||||||
18 | application is defective or should otherwise be considered | ||||||
19 | ineligible, denied, or rejected. | ||||||
20 | (2) The notice from the administering State agency | ||||||
21 | shall explain the reason why an applicant's submitted | ||||||
22 | application is defective or should otherwise be considered | ||||||
23 | ineligible, denied, or rejected. | ||||||
24 | (3) The notice shall contain the necessary |
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1 | information, process, accepted method, and deadline for | ||||||
2 | the applicant to remedy any defective or deficient | ||||||
3 | application, provided that remedy is possible. | ||||||
4 | (4) All notice and correspondence required to be | ||||||
5 | provided by the administering State agency shall be given | ||||||
6 | promptly and without unnecessary delay to any applicant.
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7 | Article 10. | ||||||
8 | Section 10-5. The Code of Civil Procedure is amended by | ||||||
9 | changing Section 9-121 and by adding Sections 9-121.5, 9-122, | ||||||
10 | 15-1513, and 15-1514 as follows:
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11 | (735 ILCS 5/9-121) | ||||||
12 | Sec. 9-121. Sealing of court file. | ||||||
13 | (a) Definition. As used in this Section, "court file"
means | ||||||
14 | the court file created when an eviction
action is filed with | ||||||
15 | the court. | ||||||
16 | (b) Discretionary sealing of court file. The court may
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17 | order that a court file in an eviction action
be placed under | ||||||
18 | seal if the court finds that the plaintiff's
action is | ||||||
19 | sufficiently without a basis in fact or law, which
may include | ||||||
20 | a lack of jurisdiction, that placing the court file
under seal | ||||||
21 | is clearly in the interests of justice, and that
those | ||||||
22 | interests are not outweighed by the public's interest in
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23 | knowing about the record. |
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1 | (c) Mandatory sealing of court file. The court file | ||||||
2 | relating to an eviction action brought against a tenant under | ||||||
3 | Section 9-207.5 of this Code or as set forth in subdivision | ||||||
4 | (h)(6) of Section 15-1701 of this Code shall be placed under | ||||||
5 | seal. | ||||||
6 | (d) This Section is operative on and after August 1, 2022.
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7 | (Source: P.A. 100-173, eff. 1-1-18 .)
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8 | (735 ILCS 5/9-121.5 new) | ||||||
9 | Sec. 9-121.5. Sealing of court file. | ||||||
10 | (a) As used in this Section, "court file" means the court | ||||||
11 | file created when an eviction action is filed with the court. | ||||||
12 | (b) The court shall order the sealing of any court file in | ||||||
13 | a residential eviction action if: | ||||||
14 | (1) the interests of justice in sealing the court file | ||||||
15 | outweigh the public interest in maintaining a public | ||||||
16 | record; | ||||||
17 | (2) the parties to the eviction action agree to seal | ||||||
18 | the court file; | ||||||
19 | (3) there was no material violation of the terms of the | ||||||
20 | tenancy by the tenant; or | ||||||
21 | (4) the case was dismissed with or without prejudice. | ||||||
22 | (c) The court file relating to an eviction action brought | ||||||
23 | against a tenant under Section 9-207.5 of this Code or as set | ||||||
24 | forth in subdivision (h)(6) of Section 15-1701 of this Code | ||||||
25 | shall be placed under seal. |
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1 | (d) A sealed court file shall be made available only to the | ||||||
2 | litigants in the case, their counsel or prospective counsel, | ||||||
3 | and public employees responsible for processing the | ||||||
4 | residential eviction action. | ||||||
5 | (e) Upon motion and order of the court, a sealed court file | ||||||
6 | may be made available for scholarly, educational, | ||||||
7 | journalistic, or governmental purposes only, balancing the | ||||||
8 | interests of the parties and the public in nondisclosure with | ||||||
9 | the interests of the requesting party. Identifying information | ||||||
10 | of the parties shall remain sealed, unless the court determines | ||||||
11 | that release of the information is necessary to fulfill the | ||||||
12 | purpose of the request and the interests of justice so dictate. | ||||||
13 | Nothing in this subsection shall permit the release of a sealed | ||||||
14 | court file or the information contained therein for a | ||||||
15 | commercial purpose. | ||||||
16 | (f) Except as provided in subsections (c) and (d), any | ||||||
17 | person who disseminates a court file sealed under this Section, | ||||||
18 | or the information contained therein, for commercial purposes | ||||||
19 | shall be liable for a civil penalty of $2,000, or twice the | ||||||
20 | actual and consequential damages sustained, whichever is | ||||||
21 | greater, as well as the costs of the action, including | ||||||
22 | reasonable attorney's fees. | ||||||
23 | (g) The Attorney General may enforce a violation of this | ||||||
24 | Section as an unlawful practice under the Consumer Fraud and | ||||||
25 | Deceptive Business Practices Act. All remedies, penalties, and | ||||||
26 | authority granted to the Attorney General by the Consumer Fraud |
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1 | and Deceptive Business Practices Act shall be available to him | ||||||
2 | or her for the enforcement of this Section. | ||||||
3 | (h) Nothing in this Section prohibits a landlord from | ||||||
4 | receiving a reference from a previous landlord of a prospective | ||||||
5 | tenant. Nothing in this Section prohibits a landlord from | ||||||
6 | providing a reference for a previous or current tenant to a | ||||||
7 | prospective landlord of that tenant. | ||||||
8 | (i) This Section is repealed on August 1, 2022.
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9 | (735 ILCS 5/9-122 new) | ||||||
10 | Sec. 9-122. COVID-19 emergency sealing of court file. | ||||||
11 | (a) As used in this Section, "COVID-19 emergency and | ||||||
12 | economic recovery period" means the period beginning on March | ||||||
13 | 9, 2020, when the Governor issued the first disaster | ||||||
14 | proclamation for the State to address the circumstances related | ||||||
15 | to COVID-19, and ending on March 31, 2022. | ||||||
16 | (b) The court file shall be sealed upon the commencement of | ||||||
17 | any residential eviction action during the COVID-19 emergency | ||||||
18 | and economic recovery period. If a residential eviction action | ||||||
19 | filed during the COVID-19 emergency and economic recovery | ||||||
20 | period is pending on the effective date of this Act and is not | ||||||
21 | sealed, the court shall order the sealing of the court file. In | ||||||
22 | accordance with Section 9-121.5, no sealed court file, sealed | ||||||
23 | under this Section, shall be disseminated. | ||||||
24 | (c) If the court enters a judgment in favor of the | ||||||
25 | landlord, the court may also enter an order to unseal the court |
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1 | file under this Section. A court shall order the court file to | ||||||
2 | be unsealed if: | ||||||
3 | (1) the action is not based in whole or in part on the | ||||||
4 | nonpayment of rent during the COVID-19 emergency and | ||||||
5 | economic recovery period; and | ||||||
6 | (2) The requirements of subsection (b) or (c) of | ||||||
7 | Section 9-121.5 have not been met. | ||||||
8 | (d) Subsections (d) through (h) of Section 9-121.5 shall | ||||||
9 | also be applicable and incorporated into this Section.
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10 | (735 ILCS 5/15-1513 new) | ||||||
11 | Sec. 15-1513. Temporary COVID-19 stay of judicial sales, | ||||||
12 | orders of possession. | ||||||
13 | (a) Notwithstanding Section 15-1507, no judicial | ||||||
14 | foreclosure sale shall be held between the effective date of | ||||||
15 | this Section and July 31, 2021. Any judicial foreclosure sale | ||||||
16 | pending as of the effective date of this Section shall be | ||||||
17 | cancelled and renoticed for a date after July 31, 2021. | ||||||
18 | (b) Notwithstanding subsection (g) of Section 15-1508, no | ||||||
19 | order of possession pursuant to a confirmation of judicial | ||||||
20 | foreclosure sale shall be entered by a court, placed with a | ||||||
21 | sheriff for execution, or executed by a sheriff until a date | ||||||
22 | after July 31, 2021. | ||||||
23 | (c) This Section applies to any action to foreclose a | ||||||
24 | mortgage relating to residential real estate, which, as used in | ||||||
25 | this Section, includes any real estate except a single tract of |
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1 | agricultural real estate consisting of more than 40 acres, that | ||||||
2 | is improved with a single family residence or residential | ||||||
3 | condominium units or a multiple dwelling structure containing | ||||||
4 | single family dwelling units for 6 or fewer families living | ||||||
5 | independently of each other, except that this Section does not | ||||||
6 | apply in cases in which the plaintiff establishes by competent | ||||||
7 | proof that the subject real property is vacant or abandoned.
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8 | (735 ILCS 5/15-1514 new) | ||||||
9 | Sec. 15-1514. Temporary COVID-19 stay of certain | ||||||
10 | foreclosure proceedings and filings. | ||||||
11 | (a) This Section applies to any action to foreclose a | ||||||
12 | mortgage relating to residential real estate, which, as used in | ||||||
13 | this Section, includes any real estate except a single tract of | ||||||
14 | agricultural real estate consisting of more than 40 acres, that | ||||||
15 | is improved with a single family residence or residential | ||||||
16 | condominium units or a multiple dwelling structure containing | ||||||
17 | single family dwelling units for 6 or fewer families living | ||||||
18 | independently of each other, except that this Section does not | ||||||
19 | apply in cases in which the plaintiff establishes by competent | ||||||
20 | proof that the subject real property is vacant or abandoned. As | ||||||
21 | used in this Section, "residential real estate" includes shares | ||||||
22 | assigned to a unit in a residential cooperative. | ||||||
23 | (b) Any action to foreclose a mortgage pending on the | ||||||
24 | effective date of this amendatory Act of the 101st General | ||||||
25 | Assembly, including actions filed on or before March 9, 2020, |
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1 | or commenced within 30 days of the effective date of this | ||||||
2 | amendatory Act of the 101st General Assembly, shall be stayed | ||||||
3 | until May 1, 2021. | ||||||
4 | (c) No court shall accept for filing any action to | ||||||
5 | foreclose a mortgage before May 1, 2021. | ||||||
6 | (d) All deadlines related to any pending foreclosure | ||||||
7 | proceeding on the effective date of this Section, including the | ||||||
8 | running of any redemption period, are tolled until May 1, 2021. | ||||||
9 | (e) If any clause, sentence, paragraph, subsection, or part | ||||||
10 | of this Section shall be adjudged by any court of competent | ||||||
11 | jurisdiction to be invalid and after exhaustion of all further | ||||||
12 | judicial review, the judgment shall not affect, impair, or | ||||||
13 | invalidate the remainder thereof, but shall be confined in its | ||||||
14 | operation to the clause, sentence, paragraph, subsection, or | ||||||
15 | part of this Section directly involved in the controversy in | ||||||
16 | which the judgment shall have been rendered.
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17 | Section 10-10. The Condominium Property Act is amended by | ||||||
18 | adding Section 36 as follows:
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19 | (765 ILCS 605/36 new) | ||||||
20 | Sec. 36. Temporary COVID-19 restriction on remedies for | ||||||
21 | failure to pay assessments or rent. | ||||||
22 | (a) Notwithstanding any provision of this Act or any other | ||||||
23 | provision of law, when a unit owner or residential tenant has a | ||||||
24 | COVID-19 related financial hardship and submitted to the board |
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1 | a COVID-19 declaration, the board of managers of a condominium | ||||||
2 | association may not: | ||||||
3 | (1) impose charges or levy fines against any unit owner | ||||||
4 | who fails to make any payment of the common expenses when | ||||||
5 | due; or | ||||||
6 | (2) evict a unit owner or residential tenant. | ||||||
7 | (b) This Section is repealed on August 1, 2021.
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8 | Section 10-15. The Consumer Fraud and Deceptive Business | ||||||
9 | Practices Act is amended by changing Section 2Z as follows:
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10 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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11 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
12 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
13 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
14 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
15 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
16 | Act, the Installment Sales Contract Act,
the Job Referral and | ||||||
17 | Job Listing Services Consumer Protection Act,
the Travel | ||||||
18 | Promotion Consumer Protection Act,
the Credit Services | ||||||
19 | Organizations Act,
the Automatic Telephone Dialers Act,
the | ||||||
20 | Pay-Per-Call Services Consumer Protection Act,
the Telephone | ||||||
21 | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
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22 | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | ||||||
23 | Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | ||||||
24 | High Risk Home Loan Act, the Payday Loan Reform Act, the |
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1 | Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | ||||||
2 | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | ||||||
3 | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | ||||||
4 | Internet Caller Identification Act, paragraph (6)
of
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5 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
6 | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | ||||||
7 | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | ||||||
8 | Residential Real Property Disclosure Act, the Automatic | ||||||
9 | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | ||||||
10 | the Youth Mental Health Protection Act, Section 9-121.5 of the | ||||||
11 | Code of Civil Procedure, the Personal Information Protection | ||||||
12 | Act, or the Student Online Personal Protection Act commits an | ||||||
13 | unlawful practice within the meaning of this Act.
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14 | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | ||||||
15 | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
16 | 100-863, eff. 8-14-18.)
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17 | Article 99.
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18 | Section 99-99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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