Full Text of HB1505 103rd General Assembly
HB1505 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1505 Introduced 1/31/2023, by Rep. La Shawn K. Ford 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 municipality, township, or road district with a population of 1,000,000 or less is required to provide notice by publication in a newspaper by law, order of court, or contract, the municipality, township, or road district may publish the notice on an official municipal, township, or road district website instead of in a newspaper if the notice published on the official municipal, township, or road district website is also published electronically on a searchable online database website and that website provides independent certification of the publication. Provides conditions concerning the availability and format of the searchable online database website. 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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| | 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. 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.
| 6 | | (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
| 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 .
| 21 | | (Source: P.A. 100-72, eff. 1-1-18 .)
| 22 | | (715 ILCS 5/5) (from Ch. 100, par. 5)
| 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
| 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
| 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
| 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
| 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
| 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
| 24 | | persons entered such military service; and
| 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 .)
| 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:
| 8 | | (715 ILCS 10/1) (from Ch. 100, par. 10)
| 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
| 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
| 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
| 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
| 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
| 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
| 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
| 2 | | persons entered such military service; and
| 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 .)
| 9 | | (715 ILCS 10/2) (from Ch. 100, par. 10.1)
| 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 .
| 24 | | (Source: P.A. 100-72, eff. 1-1-18 .)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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