HB5232 Enrolled

LRB096 16784 AJO 35243 b





  
1
    AN ACT concerning notices.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Notice By Publication Act is amended  by 
5
changing Sections 2, 3.1, 5, and 11 and  by adding Section 2.1 
6
as follows:
 



7
    (715 ILCS 5/2)  (from Ch. 100, par. 2)



8
    Sec. 2.

Whenever an officer of a court, unit of local 
9
government, or school
district is required by law to give 
10
notice by publication in a newspaper
which is published in a 
11
particular unit of local government or school
district, he 
12
shall, if there is no newspaper which is published in the unit

13
of local government or school district, give notice by 
14
publication in a
newspaper published in the county in which the 
15
unit of local government or
school district is located and 
16
having general circulation within the unit
of local government 
17
or school district. If there is no newspaper published in the 
18
county in which  the unit of local government or school district 
19
is located, notice by publication in a newspaper  shall be given 
20
in a secular newspaper, as defined in this Act, published in an 
21
adjoining county having general circulation within the unit of 
22
local government or school district. 

23
(Source: P.A. 78-425.)

 
 


 






HB5232 Enrolled
- 2 -
LRB096 16784 AJO 35243 b




1
    (715 ILCS 5/2.1 new)
2
    Sec. 2.1. Statewide website. Whenever notice by 
3
publication  in a newspaper is required by law, order of court, 
4
or contract, the newspaper publishing the notice shall, at no 
5
additional cost to government, place the notice on the 
6
statewide website established and maintained as a joint venture 
7
of the majority of Illinois newspapers as a repository for such 
8
notices.
 



9
    (715 ILCS 5/3.1)  (from Ch. 100, par. 3.1)



10
    Sec. 3.1. 
When any notice is required by law, or order of 
11
court, to be
published in any newspaper, publication of such 
12
notice shall include the printing of
such notice in the total 
13
circulation of each edition on the date of
publication of the 
14
newspaper in which the notice is published; and  the newspaper 
15
publishing the notice shall, at no additional cost to 
16
government, place the notice on the statewide website 
17
established and maintained as a joint venture of the majority 
18
of Illinois newspapers as a repository for such notices. All 
19
notices required for publication by this Act shall remain legal 
20
and valid for all purposes when any error that occurs pursuant 
21
to the requirements of this Section for placement of the notice 
22
on the statewide website is the fault of the printer.

23
(Source: P.A. 83-1483.)

 



 


 






HB5232 Enrolled
- 3 -
LRB096 16784 AJO 35243 b




1
    (715 ILCS 5/5)  (from Ch. 100, par. 5)



2
    Sec. 5. 
When any notice is required by law or contract to 
3
be published in a
newspaper (unless otherwise expressly 
4
provided in the contract), it shall
be intended to be in a 
5
secular newspaper of general circulation, published
in the 
6
city, town or county, or some newspaper specially authorized by 
7
law
to publish legal notices, in the city, town, or county. If 
8
there is no newspaper published in the county in which the city 
9
or town is located, notice shall be given in a secular 
10
newspaper, as defined in this Act, that is published in an 
11
adjoining county having general circulation within the city or 
12
town. Unless otherwise
expressly provided in the contract, the 
13
term "newspaper" means a newspaper

14
    (a) which consists of not less than 4 pages of printed 
15
matter and
contains at least 100 square inches of printed 
16
matter per page; and

17
    (b) which is printed through the use of one of the 
18
conventional and
generally recognized printing processes such 
19
as letterpress, lithography or
gravure; and

20
    (c) which annually averages at least 25% news content per 
21
issue; or
which annually averages at least 1,000 column inches 
22
of news content per
issue, the term "news content" meaning for 
23
the purposes of this Act any
printed matter other than 
24
advertising; and

25
    (d) which publishes miscellaneous reading matter, legal or 
26
other
announcements and notices, and news and information 
 


 






HB5232 Enrolled
- 4 -
LRB096 16784 AJO 35243 b




1
concerning current
happenings and passing events of a 
2
political, social, religious,
commercial, financial or legal 
3
nature, and advertisements or bulletins; and

4
    (e) which has been continuously published at regular 
5
intervals of at
least once each week with a minimum of 50 
6
issues per year, for at least one
year prior to the first 
7
publication of the notice; or which is a successor
to a 
8
newspaper as herein defined with no interruption of publication 
9
of
more than 30 days; or which is a merged or consolidated 
10
newspaper formed by
the merger or consolidation of two or more 
11
newspapers, one of which has
been continuously published at 
12
regular intervals of at least once each week
with a minimum of 
13
50 issues per year, for at least one year prior to the
first 
14
publication of the notice. A newspaper shall be considered as

15
continuously or regularly published although its publication 
16
has been
suspended, where such suspension was caused by fire or 
17
an Act of God or by
a labor dispute or by its owner, publisher, 
18
managing editor or other
essential employee entering the active 
19
military service of the United
States, if the newspaper was 
20
continuously or regularly published for at
least one year prior 
21
to its suspension and if its publication is resumed at
any time 
22
not later than 12 months after such fire or Act of God, or if 
23
its
publication is resumed at any time within 12 months after 
24
the termination
of the labor dispute, or if its publication is 
25
resumed at any time within
12 months after the termination of 
26
the war in connection with which such
persons entered such 
 


 






HB5232 Enrolled
- 5 -
LRB096 16784 AJO 35243 b




1
military service; and .

2
    (f) which has the capability of placing notices required 
3
pursuant to this Act on a daily or weekly basis on the 
4
statewide website as required by Section 2.1. 
5
(Source: P.A. 96-59, eff. 7-23-09.)

 
6
    (715 ILCS 5/11)
7
    Sec. 11. Applicability. 
8
    (a) Any notice published prior to the effective date of 
9
this amendatory Act of the 96th General Assembly and in 
10
compliance with the provisions of this amendatory Act shall be 
11
legal and valid for all purposes.

12
    (b) If, after the effective date of this amendatory Act of 
13
the 96th General Assembly, there is a notice that is required 
14
by law or order of court to be published in a particular unit 
15
of local government or school district and there is no 
16
newspaper published in that unit of local government or school 
17
district, or, in the county in which the unit of local 
18
government or school district is located, the notice shall be 
19
published in a secular newspaper, as defined by this Act, that 
20
is published in an adjoining county having general circulation 
21
within the unit of local government or school district.  To the 
22
extent that there is a conflict between the provisions of this 
23
amendatory Act of the 96th General Assembly and any other 
24
provision of law, the provisions added by this amendatory Act 
25
of the 96th General Assembly shall control. 
 


 






HB5232 Enrolled
- 6 -
LRB096 16784 AJO 35243 b




1
(Source: P.A. 96-59, eff. 7-23-09.)
 
2
    Section 10. The Newspaper Legal Notice Act is amended  by 
3
changing Sections 1, 2, and 3 as follows:
 



4
    (715 ILCS 10/1)  (from Ch. 100, par. 10)



5
    Sec. 1. 

Whenever it is required by law that any legal 
6
notice or publication
shall be published in a newspaper in this 
7
State, it shall be held to mean a
newspaper

8
    (a) which consists of not less than 4 pages of printed 
9
matter and
contains at least 100 square inches of printed 
10
matter per page; and

11
    (b) which is printed through the use of one of the 
12
conventional and
generally recognized printing processes such 
13
as letterpress, lithography or
gravure; and

14
    (c) which annually averages at least 25% news content per 
15
issue; or
which annually averages at least 1,000 column inches 
16
of news content per
issue, the term "news content" meaning for 
17
the purposes of this Act any
printed matter other than 
18
advertising; and

19
    (d) which publishes miscellaneous reading matter, legal or 
20
other
announcements and notices, and news and information 
21
concerning current
happenings and passing events of a 
22
political, social, religious,
commercial, financial or legal 
23
nature, and advertisements or bulletins; and

24
    (e) which has been continuously published at regular 
 


 






HB5232 Enrolled
- 7 -
LRB096 16784 AJO 35243 b




1
intervals of at
least once each week with a minimum of 50 
2
issues per year, for at least one
year prior to the first 
3
publication of the notice; or which is a successor
to a 
4
newspaper as herein defined with no interruption of publication 
5
of
more than 30 days; or which is a merged or consolidated 
6
newspaper formed by
the merger or consolidation of two or more 
7
newspapers, one of which has
been continuously published at 
8
regular intervals of at least once each week
with a minimum of 
9
50 issues per year for at least one year prior to the
first 
10
publication of the notice. A newspaper shall be considered as

11
continuously or regularly published although its publication 
12
has been
suspended, where such suspension was caused by fire or 
13
an Act of God or by
a labor dispute or by its owner, publisher, 
14
managing editor or other
essential employee entering the active 
15
military service of the United
States, if the newspaper was 
16
continuously or regularly published for at
least one year prior 
17
to its suspension and if its publication is resumed at
any time 
18
not later than 12 months after such fire or Act of God, or if 
19
its
publication is resumed at any time within 12 months after 
20
the termination
of the labor dispute, or if its publication is 
21
resumed at any time within
12 months after the termination of 
22
the war in connection with which such
persons entered such 
23
military service; and .

24
    (f) which has the capability of placing, at no additional 
25
cost to government, notices required pursuant to this Act on a 
26
daily or weekly basis on the statewide website established and 
 


 






HB5232 Enrolled
- 8 -
LRB096 16784 AJO 35243 b




1
maintained as a joint venture by the majority of Illinois 
2
newspapers as a repository for such notices. 
3
(Source: P.A. 96-59, eff. 7-23-09.)

 



4
    (715 ILCS 10/2)  (from Ch. 100, par. 10.1)



5
    Sec. 2. 

When any legal notice is required by law to be 
6
published in any
newspaper, such notice shall include the 
7
printing of such notice in the
total circulation of each 
8
edition on the date of publication of the
newspaper in which 
9
the notice is published; and the newspaper publishing the 
10
notice shall, at no additional cost to government,  place the 
11
notice on the statewide website established and maintained as a 
12
joint venture of the majority of Illinois newspapers as a 
13
repository for such notices. All notices required for 
14
publication by this Act shall remain legal and valid for all 
15
purposes when any error that occurs pursuant to the 
16
requirements of this Section in the requirement for placement 
17
of the notice on the statewide website is the fault of the 
18
printer.

19
(Source: P.A. 78-673.)

 
20
    (715 ILCS 10/3)
21
    Sec. 3. Applicability. 
22
    (a) Any notice published prior to the effective date of 
23
this amendatory Act of the 96th General Assembly and in 
24
compliance with the provisions of this amendatory Act shall be 
 


 






HB5232 Enrolled
- 9 -
LRB096 16784 AJO 35243 b




1
legal and valid for all purposes.

2
    (b) If, after the effective date of this amendatory Act of 
3
the 96th General Assembly, there is a notice that is required 
4
by law or order of court to be published in a particular unit 
5
of local government or school district and there is no 
6
newspaper published in that unit of local government or school 
7
district, or, in the county in which the unit of local 
8
government or school district is located, the notice shall be 
9
published in a secular newspaper, as defined by this Act, that 
10
is published in an adjoining county having general circulation 
11
within the unit of local government or school district.  To the 
12
extent that there is a conflict between the provisions of this 
13
amendatory Act of the 96th General Assembly and any other 
14
provision of law, the provisions added by this amendatory Act 
15
of the 96th General Assembly shall control. 
16
(Source: P.A. 96-59, eff. 7-23-09.)
  
 
17
    Section 99. Effective date. This Act takes effect December 
18
31, 2012.