Full Text of HB0811 102nd General Assembly
HB0811 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0811 Introduced 2/10/2021, by Rep. Jonathan Carroll - Daniel Didech - Sam Yingling SYNOPSIS AS INTRODUCED: |
| 715 ILCS 5/2.2 new | | 715 ILCS 5/3.1 | from Ch. 100, par. 3.1 | 715 ILCS 5/5 | from Ch. 100, par. 5 | 715 ILCS 5/2.1 rep. | | 715 ILCS 10/1 | from Ch. 100, par. 10 | 715 ILCS 10/2 | from Ch. 100, par. 10.1 |
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Amends the Notice By Publication Act. Provides that whenever a governmental unit, community college district, or school district is required to provide notice by publication in a newspaper by law, order of court, or contract, the governmental unit may publish the notice on an official government website instead of in a newspaper. Provides conditions concerning the availability and format of the notice webpage. Repeals a Section concerning the placement of published notices on a statewide website and makes corresponding changes throughout the Act and in the Newspaper Legal Notice Act. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 3.1 and 5 and by adding Section 2.2 as | 6 | | follows: | 7 | | (715 ILCS 5/2.2 new) | 8 | | Sec. 2.2. Electronic publication. | 9 | | (a) Whenever a governmental unit, community college | 10 | | district, or school district is required to provide notice by | 11 | | publication in a newspaper by law, order of court, or | 12 | | contract, the governmental unit, community college district, | 13 | | or school district may publish the notice on an official | 14 | | government website instead of in a newspaper. | 15 | | (b) The governmental unit, community college district, or | 16 | | school district, or the host of the notice website, shall | 17 | | enter into a service-level agreement with an Internet service | 18 | | provider that guarantees the site is accessible to the public | 19 | | over the Internet at least 98% of the time, 24 hours a day, 365 | 20 | | days a year. | 21 | | (c) The official website of the governmental unit, | 22 | | community college district, or school district shall | 23 | | prominently display a link to the notice web page, which shall |
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| 1 | | be an index web page, containing a list of all current legal | 2 | | notices of the unit or district, with links to the full text of | 3 | | those notices. The index web page shall also contain a search | 4 | | function and other features that improve public accessibility | 5 | | to legal notices. | 6 | | (d) Whenever an individual is unable to access an | 7 | | electronic publication of a legal notice, the issuing | 8 | | governmental unit, community college district, or school | 9 | | district shall provide a copy of the notice to the individual | 10 | | free of charge. | 11 | | (e) Notices shall remain available on the website at least | 12 | | until the last posting date required by law has expired or | 13 | | until the event described in a notice has taken place, | 14 | | whichever is later.
| 15 | | (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
| 16 | | Sec. 3.1.
When any notice is required by law, or order of | 17 | | court, to be
published in any newspaper, publication of such | 18 | | notice shall include the printing of
such notice in the total | 19 | | circulation of each edition on the date of
publication of the | 20 | | newspaper in which the notice is published ; and the newspaper | 21 | | publishing the notice shall, at no additional cost to | 22 | | government, cause the notice to be placed on the statewide | 23 | | website established and maintained as a joint venture of the | 24 | | majority of Illinois newspapers as a repository for such | 25 | | notices. All notices required for publication by this Act |
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| 1 | | shall remain legal and valid for all purposes when any error | 2 | | that occurs pursuant to the requirements of this Section for | 3 | | placement of the notice on the statewide website is the fault | 4 | | of the printer .
| 5 | | (Source: P.A. 100-72, eff. 1-1-18 .)
| 6 | | (715 ILCS 5/5) (from Ch. 100, par. 5)
| 7 | | Sec. 5.
When any notice is required by law or contract to | 8 | | be published in a
newspaper (unless otherwise expressly | 9 | | provided in the contract), it shall
be intended to be in a | 10 | | secular newspaper of general circulation, published
in the | 11 | | city, town or county, or some newspaper specially authorized | 12 | | by law
to publish legal notices, in the city, town, or county. | 13 | | If there is no newspaper published in the county in which the | 14 | | city or town is located, notice shall be given in a secular | 15 | | newspaper, as defined in this Act, that is published in an | 16 | | adjoining county having general circulation within the city or | 17 | | town. Unless otherwise
expressly provided in the contract, the | 18 | | term "newspaper" means a newspaper
| 19 | | (a) which consists of not less than 4 pages of printed | 20 | | matter and
contains at least 100 square inches of printed | 21 | | matter per page; and
| 22 | | (b) which is printed through the use of one of the | 23 | | conventional and
generally recognized printing processes such | 24 | | as letterpress, lithography or
gravure; and
| 25 | | (c) which annually averages at least 25% news content per |
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| 1 | | issue; or
which annually averages at least 1,000 column inches | 2 | | of news content per
issue, the term "news content" meaning for | 3 | | the purposes of this Act any
printed matter other than | 4 | | advertising; and
| 5 | | (d) which publishes miscellaneous reading matter, legal or | 6 | | other
announcements and notices, and news and information | 7 | | concerning current
happenings and passing events of a | 8 | | political, social, religious,
commercial, financial or legal | 9 | | nature, and advertisements or bulletins; and
| 10 | | (e) which has been continuously published at regular | 11 | | intervals of at
least once each week with a minimum of 50 | 12 | | issues per year, for at least one
year prior to the first | 13 | | publication of the notice; or which is a successor
to a | 14 | | newspaper as herein defined with no interruption of | 15 | | publication of
more than 30 days; or which is a merged or | 16 | | consolidated newspaper formed by
the merger or consolidation | 17 | | of two or more newspapers, one of which has
been continuously | 18 | | published at regular intervals of at least once each week
with | 19 | | a minimum of 50 issues per year, for at least one year prior to | 20 | | the
first publication of the notice. A newspaper shall be | 21 | | considered as
continuously or regularly published although its | 22 | | publication has been
suspended, where such suspension was | 23 | | caused by fire or an Act of God or by
a labor dispute or by its | 24 | | owner, publisher, managing editor or other
essential employee | 25 | | entering the active military service of the United
States, if | 26 | | the newspaper was continuously or regularly published for at
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| 1 | | least one year prior to its suspension and if its publication | 2 | | is resumed at
any time not later than 12 months after such fire | 3 | | or Act of God, or if its
publication is resumed at any time | 4 | | within 12 months after the termination
of the labor dispute, | 5 | | or if its publication is resumed at any time within
12 months | 6 | | after the termination of the war in connection with which such
| 7 | | persons entered such military service . ; and
| 8 | | (f) (Blank). which has the capability of placing notices | 9 | | required pursuant to this Act on a daily or weekly basis on the | 10 | | statewide website as required by Section 2.1. | 11 | | (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12 .)
| 12 | | (715 ILCS 5/2.1 rep.) | 13 | | Section 10. The Notice By Publication Act is amended by | 14 | | repealing Section 2.1. | 15 | | Section 15. The Newspaper Legal Notice Act is amended by | 16 | | changing Sections 1 and 2 as follows:
| 17 | | (715 ILCS 10/1) (from Ch. 100, par. 10)
| 18 | | Sec. 1.
Whenever it is required by law that any legal | 19 | | notice or publication
shall be published in a newspaper in | 20 | | this State, it shall be held to mean a
newspaper
| 21 | | (a) which consists of not less than 4 pages of printed | 22 | | matter and
contains at least 100 square inches of printed | 23 | | matter per page; and
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| 1 | | (b) which is printed through the use of one of the | 2 | | conventional and
generally recognized printing processes such | 3 | | as letterpress, lithography or
gravure; and
| 4 | | (c) which annually averages at least 25% news content per | 5 | | issue; or
which annually averages at least 1,000 column inches | 6 | | of news content per
issue, the term "news content" meaning for | 7 | | the purposes of this Act any
printed matter other than | 8 | | advertising; and
| 9 | | (d) which publishes miscellaneous reading matter, legal or | 10 | | other
announcements and notices, and news and information | 11 | | concerning current
happenings and passing events of a | 12 | | political, social, religious,
commercial, financial or legal | 13 | | nature, and advertisements or bulletins; and
| 14 | | (e) which has been continuously published at regular | 15 | | intervals of at
least once each week with a minimum of 50 | 16 | | issues per year, for at least one
year prior to the first | 17 | | publication of the notice; or which is a successor
to a | 18 | | newspaper as herein defined with no interruption of | 19 | | publication of
more than 30 days; or which is a merged or | 20 | | consolidated newspaper formed by
the merger or consolidation | 21 | | of two or more newspapers, one of which has
been continuously | 22 | | published at regular intervals of at least once each week
with | 23 | | a minimum of 50 issues per year for at least one year prior to | 24 | | the
first publication of the notice. A newspaper shall be | 25 | | considered as
continuously or regularly published although its | 26 | | publication has been
suspended, where such suspension was |
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| 1 | | caused by fire or an Act of God or by
a labor dispute or by its | 2 | | owner, publisher, managing editor or other
essential employee | 3 | | entering the active military service of the United
States, if | 4 | | the newspaper was continuously or regularly published for at
| 5 | | least one year prior to its suspension and if its publication | 6 | | is resumed at
any time not later than 12 months after such fire | 7 | | or Act of God, or if its
publication is resumed at any time | 8 | | within 12 months after the termination
of the labor dispute, | 9 | | or if its publication is resumed at any time within
12 months | 10 | | after the termination of the war in connection with which such
| 11 | | persons entered such military service . ; and
| 12 | | (f) (Blank). which has the capability of placing, at no | 13 | | additional cost to government, notices required pursuant to | 14 | | this Act on a daily or weekly basis on the statewide website | 15 | | established and maintained as a joint venture by the majority | 16 | | of Illinois newspapers as a repository for such notices. | 17 | | (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12 .)
| 18 | | (715 ILCS 10/2) (from Ch. 100, par. 10.1)
| 19 | | Sec. 2.
When any legal notice is required by law to be | 20 | | published in any
newspaper, such notice shall include the | 21 | | printing of such notice in the
total circulation of each | 22 | | edition on the date of publication of the
newspaper in which | 23 | | the notice is published ; and the newspaper publishing the | 24 | | notice shall, at no additional cost to government, cause the | 25 | | notice to be placed on the statewide website established and |
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| 1 | | maintained as a joint venture of the majority of Illinois | 2 | | newspapers as a repository for such notices. All notices | 3 | | required for publication by this Act shall remain legal and | 4 | | valid for all purposes when any error that occurs pursuant to | 5 | | the requirements of this Section in the requirement for | 6 | | placement of the notice on the statewide website is the fault | 7 | | of the printer .
| 8 | | (Source: P.A. 100-72, eff. 1-1-18 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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