HB1022ham001 102ND GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 4/3/2022

10200HB1022ham001 LRB102 03035 LNS 38475 a

AMENDMENT TO HOUSE BILL 1022

AMENDMENT NO. ______. Amend House Bill 1022 by replacing everything after the enacting clause with the following:

"Section 5. The Notice By Publication Act is amended by changing Section 12 as follows:

(715 ILCS 5/12)

Sec. 12. Minority groups.

(a) As used in this Section:

"Bonds" means any instrument evidencing the obligation to pay money authorized or issued by or on behalf of a governmental unit under applicable law, including, but not limited to, bonds, notes, installment or financing contracts, leases, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness.

"Governmental unit" means a township, municipality, municipal corporation, unit of local government, school district, special district, public corporation, body corporate and politic, forest preserve district, fire protection district, conservation district, park district, sanitary district, and all other local governmental agencies, including any entity created by intergovernmental agreement among any of the foregoing governmental units. "Governmental unit" not include (i) any office, officer, department, division, bureau, board, commission, university, or similar agency of the State or (ii) any county.

"Minority group" means a group that is a readily identifiable subset of the U.S. population that is distinguished by racial, ethnic, or cultural heritage and by non-English language of country of origin.

"Minority-owned newspaper" means a newspaper which is at least 51% owned by one or more persons of a minority group or in the case of a corporation, at least 51% of the stock in which is owned by one or more persons of a minority group, and the management and daily business operations of which are controlled by one or more of the minority group individuals who own it.

(b) If a notice, other than a notice in connection with the issuance of bonds, is required to be published by a governmental unit in a newspaper under State law where a minority group comprises more than 45% of the residents of the governmental unit, the notice shall also be published in a minority-owned newspaper in the official language of the minority group's country of origin, if such language is not English and the newspaper is of general circulation in that governmental unit. If a notice, other than a notice in connection with the issuance of bonds, is required to be published by a county in a newspaper under State law and the county includes a municipality in which a minority group comprises more than 45% of the residents of the municipality, for each such municipality, the county shall also publish the notice in a minority-owned newspaper in the official language of the minority group's country of origin, if such language is not English and the newspaper is of general circulation in that municipality.

(c) Any error in the determination by a county or governmental unit that a minority group does not comprise more than 45% of the residents of a governmental unit or any error in any notice published in an official language of a minority group's country of origin pursuant to this Section that is not deliberate shall not invalidate or affect the validity of any publication. If a notice is required to be published in a newspaper under this Act where the city, town, or county consists of more than 45% of a single minority group, the notice shall also be published in a local newspaper of that minority group, if available, and in the official language of the minority group's country of origin.

(Source: P.A. 102-592, eff. 1-1-22.)".