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1 | AN ACT concerning notices.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Notice By Publication Act is amended by | |||||||||||||||||||||||||||||
5 | changing Sections 3.1 and 5 and by adding Section 2.2 as | |||||||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||||||
7 | (715 ILCS 5/2.2 new) | |||||||||||||||||||||||||||||
8 | Sec. 2.2. Municipal electronic publication. | |||||||||||||||||||||||||||||
9 | (a) Whenever a municipality, township, or road district is | |||||||||||||||||||||||||||||
10 | required to provide notice by publication in a newspaper by | |||||||||||||||||||||||||||||
11 | law, order of court, or contract, the municipality, township, | |||||||||||||||||||||||||||||
12 | or road district may publish the notice on an official | |||||||||||||||||||||||||||||
13 | municipal, township, or road district website instead of in a | |||||||||||||||||||||||||||||
14 | newspaper if the notice published on the official municipal, | |||||||||||||||||||||||||||||
15 | township, or road district website is also published | |||||||||||||||||||||||||||||
16 | electronically on a searchable online database website and | |||||||||||||||||||||||||||||
17 | that website provides independent certification of the | |||||||||||||||||||||||||||||
18 | publication. | |||||||||||||||||||||||||||||
19 | (b) The municipality, township, or road district or the | |||||||||||||||||||||||||||||
20 | host of the website may enter into a service-level agreement | |||||||||||||||||||||||||||||
21 | with an Internet service provider that guarantees the site is | |||||||||||||||||||||||||||||
22 | accessible to the public over the Internet at least 98% of the | |||||||||||||||||||||||||||||
23 | time, 24 hours a day, 365 days a year. |
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1 | (c) The official municipal, township, or road district | ||||||
2 | website shall display a link to the searchable online database | ||||||
3 | website, which shall contain a list of all current legal | ||||||
4 | notices of the municipality, township, or road district, with | ||||||
5 | links to or the full text of those notices. The website shall | ||||||
6 | contain a search function or other features that improve | ||||||
7 | public accessibility to the notices. | ||||||
8 | (d) Whenever an individual is unable to access an | ||||||
9 | electronic publication of a notice, the issuing municipality, | ||||||
10 | township, or road district shall provide a copy of the notice | ||||||
11 | to the individual free of charge at the principal office of the | ||||||
12 | municipality, township, or road district. | ||||||
13 | (e) Notices shall remain available on the website at least | ||||||
14 | until the last posting date required by law has expired or | ||||||
15 | until the event described in a notice has taken place, | ||||||
16 | whichever is later. | ||||||
17 | (f) Independent certification of the electronic | ||||||
18 | publication shall include a certificate stating the title of | ||||||
19 | the notice, the exact day, date, and time of the notice's | ||||||
20 | publication, the website address of the searchable online | ||||||
21 | database where the notice and archived notices may be accessed | ||||||
22 | by the public, and other information as may be available. | ||||||
23 | (g) For purposes of this Section, a searchable online | ||||||
24 | database website may be operated or managed by a statewide | ||||||
25 | organization of municipalities as authorized by Section 1-8-1 | ||||||
26 | of the Illinois Municipal Code or townships as authorized by |
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1 | Section 85-15 of the Township Code at no additional cost to the | ||||||
2 | municipality, township, or road district to publish notices | ||||||
3 | thereon. | ||||||
4 | (h) This Section does not apply to a municipality with a | ||||||
5 | population greater than 1,000,000.
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6 | (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
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7 | Sec. 3.1.
When any notice is required by law, or order of | ||||||
8 | court, to be
published in any newspaper, publication of such | ||||||
9 | notice shall include the printing of
such notice in the total | ||||||
10 | circulation of each edition on the date of
publication of the | ||||||
11 | newspaper in which the notice is published ; and the newspaper | ||||||
12 | publishing the notice shall, at no additional cost to | ||||||
13 | government, cause the notice to be placed on the statewide | ||||||
14 | website established and maintained as a joint venture of the | ||||||
15 | majority of Illinois newspapers as a repository for such | ||||||
16 | notices. All notices required for publication by this Act | ||||||
17 | shall remain legal and valid for all purposes when any error | ||||||
18 | that occurs pursuant to the requirements of this Section for | ||||||
19 | placement of the notice on the statewide website is the fault | ||||||
20 | of the printer .
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21 | (Source: P.A. 100-72, eff. 1-1-18 .)
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22 | (715 ILCS 5/5) (from Ch. 100, par. 5)
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23 | Sec. 5.
When any notice is required by law or contract to | ||||||
24 | be published only in a
newspaper (unless otherwise expressly |
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1 | provided in the contract), it shall
be intended to be in a | ||||||
2 | secular newspaper of general circulation, published
in the | ||||||
3 | city, town or county, or some newspaper specially authorized | ||||||
4 | by law
to publish legal notices, in the city, town, or county. | ||||||
5 | If there is no newspaper published in the county in which the | ||||||
6 | city or town is located, notice shall be given in a secular | ||||||
7 | newspaper, as defined in this Act, that is published in an | ||||||
8 | adjoining county having general circulation within the city or | ||||||
9 | town. Unless otherwise
expressly provided in the contract, the | ||||||
10 | term "newspaper" means a newspaper
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11 | (a) which consists of not less than 4 pages of printed | ||||||
12 | matter and
contains at least 100 square inches of printed | ||||||
13 | matter per page; and
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14 | (b) which is printed through the use of one of the | ||||||
15 | conventional and
generally recognized printing processes such | ||||||
16 | as letterpress, lithography or
gravure; and
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17 | (c) which annually averages at least 25% news content per | ||||||
18 | issue; or
which annually averages at least 1,000 column inches | ||||||
19 | of news content per
issue, the term "news content" meaning for | ||||||
20 | the purposes of this Act any
printed matter other than | ||||||
21 | advertising; and
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22 | (d) which publishes miscellaneous reading matter, legal or | ||||||
23 | other
announcements and notices, and news and information | ||||||
24 | concerning current
happenings and passing events of a | ||||||
25 | political, social, religious,
commercial, financial or legal | ||||||
26 | nature, and advertisements or bulletins; and
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1 | (e) which has been continuously published at regular | ||||||
2 | intervals of at
least once each week with a minimum of 50 | ||||||
3 | issues per year, for at least one
year prior to the first | ||||||
4 | publication of the notice; or which is a successor
to a | ||||||
5 | newspaper as herein defined with no interruption of | ||||||
6 | publication of
more than 30 days; or which is a merged or | ||||||
7 | consolidated newspaper formed by
the merger or consolidation | ||||||
8 | of two or more newspapers, one of which has
been continuously | ||||||
9 | published at regular intervals of at least once each week
with | ||||||
10 | a minimum of 50 issues per year, for at least one year prior to | ||||||
11 | the
first publication of the notice. A newspaper shall be | ||||||
12 | considered as
continuously or regularly published although its | ||||||
13 | publication has been
suspended, where such suspension was | ||||||
14 | caused by fire or an Act of God or by
a labor dispute or by its | ||||||
15 | owner, publisher, managing editor or other
essential employee | ||||||
16 | entering the active military service of the United
States, if | ||||||
17 | the newspaper was continuously or regularly published for at
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18 | least one year prior to its suspension and if its publication | ||||||
19 | is resumed at
any time not later than 12 months after such fire | ||||||
20 | or Act of God, or if its
publication is resumed at any time | ||||||
21 | within 12 months after the termination
of the labor dispute, | ||||||
22 | or if its publication is resumed at any time within
12 months | ||||||
23 | after the termination of the war in connection with which such
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24 | persons entered such military service; and
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25 | (f) (blank). which has the capability of placing notices | ||||||
26 | required pursuant to this Act on a daily or weekly basis on the |
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1 | statewide website as required by Section 2.1. | ||||||
2 | (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12 .)
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3 | (715 ILCS 5/2.1 rep.) | ||||||
4 | Section 10. The Notice By Publication Act is amended by | ||||||
5 | repealing Section 2.1. | ||||||
6 | Section 15. The Newspaper Legal Notice Act is amended by | ||||||
7 | changing Sections 1 and 2 as follows:
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8 | (715 ILCS 10/1) (from Ch. 100, par. 10)
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9 | Sec. 1.
Whenever it is required by law that any legal | ||||||
10 | notice or publication
shall be published only in a newspaper | ||||||
11 | in this State, it shall be held to mean a
newspaper
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12 | (a) which consists of not less than 4 pages of printed | ||||||
13 | matter and
contains at least 100 square inches of printed | ||||||
14 | matter per page; and
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15 | (b) which is printed through the use of one of the | ||||||
16 | conventional and
generally recognized printing processes such | ||||||
17 | as letterpress, lithography or
gravure; and
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18 | (c) which annually averages at least 25% news content per | ||||||
19 | issue; or
which annually averages at least 1,000 column inches | ||||||
20 | of news content per
issue, the term "news content" meaning for | ||||||
21 | the purposes of this Act any
printed matter other than | ||||||
22 | advertising; and
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23 | (d) which publishes miscellaneous reading matter, legal or |
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1 | other
announcements and notices, and news and information | ||||||
2 | concerning current
happenings and passing events of a | ||||||
3 | political, social, religious,
commercial, financial or legal | ||||||
4 | nature, and advertisements or bulletins; and
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5 | (e) which has been continuously published at regular | ||||||
6 | intervals of at
least once each week with a minimum of 50 | ||||||
7 | issues per year, for at least one
year prior to the first | ||||||
8 | publication of the notice; or which is a successor
to a | ||||||
9 | newspaper as herein defined with no interruption of | ||||||
10 | publication of
more than 30 days; or which is a merged or | ||||||
11 | consolidated newspaper formed by
the merger or consolidation | ||||||
12 | of two or more newspapers, one of which has
been continuously | ||||||
13 | published at regular intervals of at least once each week
with | ||||||
14 | a minimum of 50 issues per year for at least one year prior to | ||||||
15 | the
first publication of the notice. A newspaper shall be | ||||||
16 | considered as
continuously or regularly published although its | ||||||
17 | publication has been
suspended, where such suspension was | ||||||
18 | caused by fire or an Act of God or by
a labor dispute or by its | ||||||
19 | owner, publisher, managing editor or other
essential employee | ||||||
20 | entering the active military service of the United
States, if | ||||||
21 | the newspaper was continuously or regularly published for at
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22 | least one year prior to its suspension and if its publication | ||||||
23 | is resumed at
any time not later than 12 months after such fire | ||||||
24 | or Act of God, or if its
publication is resumed at any time | ||||||
25 | within 12 months after the termination
of the labor dispute, | ||||||
26 | or if its publication is resumed at any time within
12 months |
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1 | after the termination of the war in connection with which such
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2 | persons entered such military service; and
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3 | (f) (blank). which has the capability of placing, at no | ||||||
4 | additional cost to government, notices required pursuant to | ||||||
5 | this Act on a daily or weekly basis on the statewide website | ||||||
6 | established and maintained as a joint venture by the majority | ||||||
7 | of Illinois newspapers as a repository for such notices. | ||||||
8 | (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12 .)
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9 | (715 ILCS 10/2) (from Ch. 100, par. 10.1)
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10 | Sec. 2.
When any legal notice is required by law to be | ||||||
11 | published in any
newspaper, such notice shall include the | ||||||
12 | printing of such notice in the
total circulation of each | ||||||
13 | edition on the date of publication of the
newspaper in which | ||||||
14 | the notice is published ; and the newspaper publishing the | ||||||
15 | notice shall, at no additional cost to government, cause the | ||||||
16 | notice to be placed on the statewide website established and | ||||||
17 | maintained as a joint venture of the majority of Illinois | ||||||
18 | newspapers as a repository for such notices. All notices | ||||||
19 | required for publication by this Act shall remain legal and | ||||||
20 | valid for all purposes when any error that occurs pursuant to | ||||||
21 | the requirements of this Section in the requirement for | ||||||
22 | placement of the notice on the statewide website is the fault | ||||||
23 | of the printer .
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24 | (Source: P.A. 100-72, eff. 1-1-18 .)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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