Public Act 096-1144
 
HB5232 EnrolledLRB096 16784 AJO 35243 b


  
    AN ACT concerning notices.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Notice By Publication Act is amended  by 
changing Sections 2, 3.1, 5, and 11 and  by adding Section 2.1 
as follows:
 



    (715 ILCS 5/2)  (from Ch. 100, par. 2)



    Sec. 2.

Whenever an officer of a court, unit of local 
government, or school
district is required by law to give 
notice by publication in a newspaper
which is published in a 
particular unit of local government or school
district, he 
shall, if there is no newspaper which is published in the unit

of local government or school district, give notice by 
publication in a
newspaper published in the county in which the 
unit of local government or
school district is located and 
having general circulation within the unit
of local government 
or school district. If there is no newspaper published in the 
county in which  the unit of local government or school district 
is located, notice by publication in a newspaper  shall be given 
in a secular newspaper, as defined in this Act, published in an 
adjoining county having general circulation within the unit of 
local government or school district. 

(Source: P.A. 78-425.)

 
    (715 ILCS 5/2.1 new)
    Sec. 2.1. Statewide website. Whenever notice by 
publication  in a newspaper is required by law, order of court, 
or contract, the newspaper publishing the notice shall, at no 
additional cost to government, place the notice on the 
statewide website established and maintained as a joint venture 
of the majority of Illinois newspapers as a repository for such 
notices.
 



    (715 ILCS 5/3.1)  (from Ch. 100, par. 3.1)



    Sec. 3.1. 
When any notice is required by law, or order of 
court, to be
published in any newspaper, publication of such 
notice shall include the printing of
such notice in the total 
circulation of each edition on the date of
publication of the 
newspaper in which the notice is published; and  the newspaper 
publishing the notice shall, at no additional cost to 
government, place the notice on the statewide website 
established and maintained as a joint venture of the majority 
of Illinois newspapers as a repository for such notices. All 
notices required for publication by this Act shall remain legal 
and valid for all purposes when any error that occurs pursuant 
to the requirements of this Section for placement of the notice 
on the statewide website is the fault of the printer.

(Source: P.A. 83-1483.)

 



    (715 ILCS 5/5)  (from Ch. 100, par. 5)



    Sec. 5. 
When any notice is required by law or contract to 
be published in a
newspaper (unless otherwise expressly 
provided in the contract), it shall
be intended to be in a 
secular newspaper of general circulation, published
in the 
city, town or county, or some newspaper specially authorized by 
law
to publish legal notices, in the city, town, or county. If 
there is no newspaper published in the county in which the city 
or town is located, notice shall be given in a secular 
newspaper, as defined in this Act, that is published in an 
adjoining county having general circulation within the city or 
town. Unless otherwise
expressly provided in the contract, the 
term "newspaper" means a newspaper

    (a) which consists of not less than 4 pages of printed 
matter and
contains at least 100 square inches of printed 
matter per page; and

    (b) which is printed through the use of one of the 
conventional and
generally recognized printing processes such 
as letterpress, lithography or
gravure; and

    (c) which annually averages at least 25% news content per 
issue; or
which annually averages at least 1,000 column inches 
of news content per
issue, the term "news content" meaning for 
the purposes of this Act any
printed matter other than 
advertising; and

    (d) which publishes miscellaneous reading matter, legal or 
other
announcements and notices, and news and information 
concerning current
happenings and passing events of a 
political, social, religious,
commercial, financial or legal 
nature, and advertisements or bulletins; and

    (e) which has been continuously published at regular 
intervals of at
least once each week with a minimum of 50 
issues per year, for at least one
year prior to the first 
publication of the notice; or which is a successor
to a 
newspaper as herein defined with no interruption of publication 
of
more than 30 days; or which is a merged or consolidated 
newspaper formed by
the merger or consolidation of two or more 
newspapers, one of which has
been continuously published at 
regular intervals of at least once each week
with a minimum of 
50 issues per year, for at least one year prior to the
first 
publication of the notice. A newspaper shall be considered as

continuously or regularly published although its publication 
has been
suspended, where such suspension was caused by fire or 
an Act of God or by
a labor dispute or by its owner, publisher, 
managing editor or other
essential employee entering the active 
military service of the United
States, if the newspaper was 
continuously or regularly published for at
least one year prior 
to its suspension and if its publication is resumed at
any time 
not later than 12 months after such fire or Act of God, or if 
its
publication is resumed at any time within 12 months after 
the termination
of the labor dispute, or if its publication is 
resumed at any time within
12 months after the termination of 
the war in connection with which such
persons entered such 
military service; and .

    (f) which has the capability of placing notices required 
pursuant to this Act on a daily or weekly basis on the 
statewide website as required by Section 2.1. 
(Source: P.A. 96-59, eff. 7-23-09.)

 
    (715 ILCS 5/11)
    Sec. 11. Applicability. 
    (a) Any notice published prior to the effective date of 
this amendatory Act of the 96th General Assembly and in 
compliance with the provisions of this amendatory Act shall be 
legal and valid for all purposes.

    (b) If, after the effective date of this amendatory Act of 
the 96th General Assembly, there is a notice that is required 
by law or order of court to be published in a particular unit 
of local government or school district and there is no 
newspaper published in that unit of local government or school 
district, or, in the county in which the unit of local 
government or school district is located, the notice shall be 
published in a secular newspaper, as defined by this Act, that 
is published in an adjoining county having general circulation 
within the unit of local government or school district.  To the 
extent that there is a conflict between the provisions of this 
amendatory Act of the 96th General Assembly and any other 
provision of law, the provisions added by this amendatory Act 
of the 96th General Assembly shall control. 
(Source: P.A. 96-59, eff. 7-23-09.)
 
    Section 10. The Newspaper Legal Notice Act is amended  by 
changing Sections 1, 2, and 3 as follows:
 



    (715 ILCS 10/1)  (from Ch. 100, par. 10)



    Sec. 1. 

Whenever it is required by law that any legal 
notice or publication
shall be published in a newspaper in this 
State, it shall be held to mean a
newspaper

    (a) which consists of not less than 4 pages of printed 
matter and
contains at least 100 square inches of printed 
matter per page; and

    (b) which is printed through the use of one of the 
conventional and
generally recognized printing processes such 
as letterpress, lithography or
gravure; and

    (c) which annually averages at least 25% news content per 
issue; or
which annually averages at least 1,000 column inches 
of news content per
issue, the term "news content" meaning for 
the purposes of this Act any
printed matter other than 
advertising; and

    (d) which publishes miscellaneous reading matter, legal or 
other
announcements and notices, and news and information 
concerning current
happenings and passing events of a 
political, social, religious,
commercial, financial or legal 
nature, and advertisements or bulletins; and

    (e) which has been continuously published at regular 
intervals of at
least once each week with a minimum of 50 
issues per year, for at least one
year prior to the first 
publication of the notice; or which is a successor
to a 
newspaper as herein defined with no interruption of publication 
of
more than 30 days; or which is a merged or consolidated 
newspaper formed by
the merger or consolidation of two or more 
newspapers, one of which has
been continuously published at 
regular intervals of at least once each week
with a minimum of 
50 issues per year for at least one year prior to the
first 
publication of the notice. A newspaper shall be considered as

continuously or regularly published although its publication 
has been
suspended, where such suspension was caused by fire or 
an Act of God or by
a labor dispute or by its owner, publisher, 
managing editor or other
essential employee entering the active 
military service of the United
States, if the newspaper was 
continuously or regularly published for at
least one year prior 
to its suspension and if its publication is resumed at
any time 
not later than 12 months after such fire or Act of God, or if 
its
publication is resumed at any time within 12 months after 
the termination
of the labor dispute, or if its publication is 
resumed at any time within
12 months after the termination of 
the war in connection with which such
persons entered such 
military service; and .

    (f) which has the capability of placing, at no additional 
cost to government, notices required pursuant to this Act on a 
daily or weekly basis on the statewide website established and 
maintained as a joint venture by the majority of Illinois 
newspapers as a repository for such notices. 
(Source: P.A. 96-59, eff. 7-23-09.)

 



    (715 ILCS 10/2)  (from Ch. 100, par. 10.1)



    Sec. 2. 

When any legal notice is required by law to be 
published in any
newspaper, such notice shall include the 
printing of such notice in the
total circulation of each 
edition on the date of publication of the
newspaper in which 
the notice is published; and the newspaper publishing the 
notice shall, at no additional cost to government,  place the 
notice on the statewide website established and maintained as a 
joint venture of the majority of Illinois newspapers as a 
repository for such notices. All notices required for 
publication by this Act shall remain legal and valid for all 
purposes when any error that occurs pursuant to the 
requirements of this Section in the requirement for placement 
of the notice on the statewide website is the fault of the 
printer.

(Source: P.A. 78-673.)

 
    (715 ILCS 10/3)
    Sec. 3. Applicability. 
    (a) Any notice published prior to the effective date of 
this amendatory Act of the 96th General Assembly and in 
compliance with the provisions of this amendatory Act shall be 
legal and valid for all purposes.

    (b) If, after the effective date of this amendatory Act of 
the 96th General Assembly, there is a notice that is required 
by law or order of court to be published in a particular unit 
of local government or school district and there is no 
newspaper published in that unit of local government or school 
district, or, in the county in which the unit of local 
government or school district is located, the notice shall be 
published in a secular newspaper, as defined by this Act, that 
is published in an adjoining county having general circulation 
within the unit of local government or school district.  To the 
extent that there is a conflict between the provisions of this 
amendatory Act of the 96th General Assembly and any other 
provision of law, the provisions added by this amendatory Act 
of the 96th General Assembly shall control. 
(Source: P.A. 96-59, eff. 7-23-09.)
  
 
    Section 99. Effective date. This Act takes effect December 
31, 2012.