Full Text of HB4531 98th General Assembly
HB4531 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4531 Introduced , by Rep. Joe Sosnowski 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 |
|
Amends the Notice By Publication Act. Provides that whenever a governmental unit 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 web page. 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.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB4531 | | LRB098 14741 HEP 51011 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 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 is required to provide | 10 | | notice by publication in a newspaper by law, order of court, or | 11 | | contract, the governmental unit may publish the notice on an | 12 | | official government website instead of in a newspaper. | 13 | | (b) The governmental unit, or the host of the notice | 14 | | website, shall enter into a service-level agreement with an | 15 | | Internet service provider that guarantees the site is | 16 | | accessible to the public over the Internet at least 98% of the | 17 | | time, 24 hours a day, 365 days a year. | 18 | | (c) The governmental unit's official Internet website | 19 | | shall prominently display a link to the notice web page | 20 | | containing a list of all current legal notices of the unit with | 21 | | links to the full text of those notices. The web page shall | 22 | | also contain a search function and other features that improve | 23 | | public accessibility to legal notices. |
| | | HB4531 | - 2 - | LRB098 14741 HEP 51011 b |
|
| 1 | | (d) Whenever an individual is unable to access an | 2 | | electronic publication of a legal notice, the issuing | 3 | | governmental unit shall provide a copy of the notice to the | 4 | | individual free of charge. | 5 | | (e) Notices shall remain available on the website at least | 6 | | until the last posting date required by law has expired or | 7 | | until the event described in a notice has taken place, | 8 | | whichever is later.
| 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. 96-1144, eff. 12-31-12 .)
| 24 | | (715 ILCS 5/5) (from Ch. 100, par. 5)
|
| | | HB4531 | - 3 - | LRB098 14741 HEP 51011 b |
|
| 1 | | Sec. 5.
When any notice is required by law or contract to | 2 | | be published in a
newspaper (unless otherwise expressly | 3 | | provided in the contract), it shall
be intended to be in a | 4 | | secular newspaper of general circulation, published
in the | 5 | | city, town or county, or some newspaper specially authorized by | 6 | | law
to publish legal notices, in the city, town, or county. If | 7 | | there is no newspaper published in the county in which the city | 8 | | or town is located, notice shall be given in a secular | 9 | | newspaper, as defined in this Act, that is published in an | 10 | | adjoining county having general circulation within the city or | 11 | | town. Unless otherwise
expressly provided in the contract, the | 12 | | term "newspaper" means a newspaper
| 13 | | (a) which consists of not less than 4 pages of printed | 14 | | matter and
contains at least 100 square inches of printed | 15 | | matter per page; and
| 16 | | (b) which is printed through the use of one of the | 17 | | conventional and
generally recognized printing processes such | 18 | | as letterpress, lithography or
gravure; and
| 19 | | (c) which annually averages at least 25% news content per | 20 | | issue; or
which annually averages at least 1,000 column inches | 21 | | of news content per
issue, the term "news content" meaning for | 22 | | the purposes of this Act any
printed matter other than | 23 | | advertising; and
| 24 | | (d) which publishes miscellaneous reading matter, legal or | 25 | | other
announcements and notices, and news and information | 26 | | concerning current
happenings and passing events of a |
| | | HB4531 | - 4 - | LRB098 14741 HEP 51011 b |
|
| 1 | | political, social, religious,
commercial, financial or legal | 2 | | nature, and advertisements or bulletins; and
| 3 | | (e) which has been continuously published at regular | 4 | | intervals of at
least once each week with a minimum of 50 | 5 | | issues per year, for at least one
year prior to the first | 6 | | publication of the notice; or which is a successor
to a | 7 | | newspaper as herein defined with no interruption of publication | 8 | | of
more than 30 days; or which is a merged or consolidated | 9 | | newspaper formed by
the merger or consolidation of two or more | 10 | | newspapers, one of which has
been continuously published at | 11 | | regular intervals of at least once each week
with a minimum of | 12 | | 50 issues per year, for at least one year prior to the
first | 13 | | publication of the notice. A newspaper shall be considered as
| 14 | | continuously or regularly published although its publication | 15 | | has been
suspended, where such suspension was caused by fire or | 16 | | an Act of God or by
a labor dispute or by its owner, publisher, | 17 | | managing editor or other
essential employee entering the active | 18 | | military service of the United
States, if the newspaper was | 19 | | continuously or regularly published for at
least one year prior | 20 | | to its suspension and if its publication is resumed at
any time | 21 | | not later than 12 months after such fire or Act of God, or if | 22 | | its
publication is resumed at any time within 12 months after | 23 | | the termination
of the labor dispute, or if its publication is | 24 | | resumed at any time within
12 months after the termination of | 25 | | the war in connection with which such
persons entered such | 26 | | military service . ; and
|
| | | HB4531 | - 5 - | LRB098 14741 HEP 51011 b |
|
| 1 | | (f) (Blank). which has the capability of placing notices | 2 | | required pursuant to this Act on a daily or weekly basis on the | 3 | | statewide website as required by Section 2.1. | 4 | | (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12 .)
| 5 | | (715 ILCS 5/2.1 rep.) | 6 | | Section 10. The Notice By Publication Act is amended by | 7 | | repealing Section 2.1. | 8 | | Section 15. The Newspaper Legal Notice Act is amended by | 9 | | changing Sections 1 and 2 as follows:
| 10 | | (715 ILCS 10/1) (from Ch. 100, par. 10)
| 11 | | Sec. 1.
Whenever it is required by law that any legal | 12 | | notice or publication
shall be published in a newspaper in this | 13 | | State, it shall be held to mean 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 |
| | | HB4531 | - 6 - | LRB098 14741 HEP 51011 b |
|
| 1 | | advertising; and
| 2 | | (d) which publishes miscellaneous reading matter, legal or | 3 | | other
announcements and notices, and news and information | 4 | | concerning current
happenings and passing events of a | 5 | | political, social, religious,
commercial, financial or legal | 6 | | nature, and advertisements or bulletins; and
| 7 | | (e) which has been continuously published at regular | 8 | | intervals of at
least once each week with a minimum of 50 | 9 | | issues per year, for at least one
year prior to the first | 10 | | publication of the notice; or which is a successor
to a | 11 | | newspaper as herein defined with no interruption of publication | 12 | | of
more than 30 days; or which is a merged or consolidated | 13 | | newspaper formed by
the merger or consolidation of two or more | 14 | | newspapers, one of which has
been continuously published at | 15 | | regular intervals of at least once each week
with a minimum of | 16 | | 50 issues per year for at least one year prior to the
first | 17 | | publication of the notice. A newspaper shall be considered as
| 18 | | continuously or regularly published although its publication | 19 | | has been
suspended, where such suspension was caused by fire or | 20 | | an Act of God or by
a labor dispute or by its owner, publisher, | 21 | | managing editor or other
essential employee entering the active | 22 | | military service of the United
States, if the newspaper was | 23 | | continuously or regularly published for at
least one year prior | 24 | | to its suspension and if its publication is resumed at
any time | 25 | | not later than 12 months after such fire or Act of God, or if | 26 | | its
publication is resumed at any time within 12 months after |
| | | HB4531 | - 7 - | LRB098 14741 HEP 51011 b |
|
| 1 | | the termination
of the labor dispute, or if its publication is | 2 | | resumed at any time within
12 months after the termination of | 3 | | the war in connection with which such
persons entered such | 4 | | military service . ; and
| 5 | | (f) (Blank). which has the capability of placing, at no | 6 | | additional cost to government, notices required pursuant to | 7 | | this Act on a daily or weekly basis on the statewide website | 8 | | established and maintained as a joint venture by the majority | 9 | | of Illinois newspapers as a repository for such notices. | 10 | | (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12 .)
| 11 | | (715 ILCS 10/2) (from Ch. 100, par. 10.1)
| 12 | | Sec. 2.
When any legal notice is required by law to be | 13 | | published in any
newspaper, such notice shall include the | 14 | | printing of such notice in the
total circulation of each | 15 | | edition on the date of publication of the
newspaper in which | 16 | | the notice is published ; and the newspaper publishing the | 17 | | notice shall, at no additional cost to government, place the | 18 | | notice on the statewide website established and maintained as a | 19 | | joint venture of the majority of Illinois newspapers as a | 20 | | repository for such notices. All notices required for | 21 | | publication by this Act shall remain legal and valid for all | 22 | | purposes when any error that occurs pursuant to the | 23 | | requirements of this Section in the requirement for placement | 24 | | of the notice on the statewide website is the fault of the | 25 | | printer .
|
| | | HB4531 | - 8 - | LRB098 14741 HEP 51011 b |
|
| 1 | | (Source: P.A. 96-1144, eff. 12-31-12 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
|
|