102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3620

 

Introduced 1/19/2022, by Sen. Cristina Castro

 

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 municipality 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 may publish the notice on an official municipal website instead of in a newspaper if the notice published on the official municipal 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.


LRB102 24775 LNS 34018 b

 

 

A BILL FOR

 

SB3620LRB102 24775 LNS 34018 b

1    AN ACT concerning notices.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Notice By Publication Act is amended by
5changing Sections 3.1 and 5 and by adding Section 2.2 as
6follows:
 
7    (715 ILCS 5/2.2 new)
8    Sec. 2.2. Municipal electronic publication.
9    (a) Whenever a municipality is required to provide notice
10by publication in a newspaper by law, order of court, or
11contract, the municipality may publish the notice on an
12official municipal website instead of in a newspaper if the
13notice published on the official municipal website is also
14published electronically on a searchable online database
15website and that website provides independent certification of
16the publication.
17    (b) The municipality or the host of the website may enter
18into a service-level agreement with an Internet service
19provider that guarantees the site is accessible to the public
20over the Internet at least 98% of the time, 24 hours a day, 365
21days a year.
22    (c) The official municipal website shall display a link to
23the searchable online database website, which shall contain a

 

 

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1list of all current legal notices of the municipality, with
2links to or the full text of those notices. The website shall
3contain a search function or other features that improve
4public accessibility to the notices.
5    (d) Whenever an individual is unable to access an
6electronic publication of a notice, the issuing municipality
7shall provide a copy of the notice to the individual free of
8charge at the principal office of the municipality.
9    (e) Notices shall remain available on the website at least
10until the last posting date required by law has expired or
11until the event described in a notice has taken place,
12whichever is later.
13    (f) Independent certification of the electronic
14publication shall include a certificate stating the title of
15the notice, the exact day, date, and time of the notice's
16publication, the website address of the searchable online
17database where the notice and archived notices may be accessed
18by the public, and other information as may be available.
19    (g) For purposes of this Section, a searchable online
20database website may be operated or managed by a statewide
21organization of municipalities as authorized by Section 1-8-1
22of the Illinois Municipal Code at no additional cost to the
23municipality to publish notices thereon.
24    (h) This Section does not apply to a municipality with a
25population greater than 1,000,000.
 

 

 

SB3620- 3 -LRB102 24775 LNS 34018 b

1    (715 ILCS 5/3.1)  (from Ch. 100, par. 3.1)
2    Sec. 3.1. When any notice is required by law, or order of
3court, to be published in any newspaper, publication of such
4notice shall include the printing of such notice in the total
5circulation of each edition on the date of publication of the
6newspaper in which the notice is published; and the newspaper
7publishing the notice shall, at no additional cost to
8government, cause the notice to be placed on the statewide
9website established and maintained as a joint venture of the
10majority of Illinois newspapers as a repository for such
11notices. All notices required for publication by this Act
12shall remain legal and valid for all purposes when any error
13that occurs pursuant to the requirements of this Section for
14placement of the notice on the statewide website is the fault
15of the printer.
16(Source: P.A. 100-72, eff. 1-1-18.)
 
17    (715 ILCS 5/5)  (from Ch. 100, par. 5)
18    Sec. 5. When any notice is required by law or contract to
19be published only in a newspaper (unless otherwise expressly
20provided in the contract), it shall be intended to be in a
21secular newspaper of general circulation, published in the
22city, town or county, or some newspaper specially authorized
23by law to publish legal notices, in the city, town, or county.
24If there is no newspaper published in the county in which the
25city or town is located, notice shall be given in a secular

 

 

SB3620- 4 -LRB102 24775 LNS 34018 b

1newspaper, as defined in this Act, that is published in an
2adjoining county having general circulation within the city or
3town. Unless otherwise expressly provided in the contract, the
4term "newspaper" means a newspaper
5    (a) which consists of not less than 4 pages of printed
6matter and contains at least 100 square inches of printed
7matter per page; and
8    (b) which is printed through the use of one of the
9conventional and generally recognized printing processes such
10as letterpress, lithography or gravure; and
11    (c) which annually averages at least 25% news content per
12issue; or which annually averages at least 1,000 column inches
13of news content per issue, the term "news content" meaning for
14the purposes of this Act any printed matter other than
15advertising; and
16    (d) which publishes miscellaneous reading matter, legal or
17other announcements and notices, and news and information
18concerning current happenings and passing events of a
19political, social, religious, commercial, financial or legal
20nature, and advertisements or bulletins; and
21    (e) which has been continuously published at regular
22intervals of at least once each week with a minimum of 50
23issues per year, for at least one year prior to the first
24publication of the notice; or which is a successor to a
25newspaper as herein defined with no interruption of
26publication of more than 30 days; or which is a merged or

 

 

SB3620- 5 -LRB102 24775 LNS 34018 b

1consolidated newspaper formed by the merger or consolidation
2of two or more newspapers, one of which has been continuously
3published at regular intervals of at least once each week with
4a minimum of 50 issues per year, for at least one year prior to
5the first publication of the notice. A newspaper shall be
6considered as continuously or regularly published although its
7publication has been suspended, where such suspension was
8caused by fire or an Act of God or by a labor dispute or by its
9owner, publisher, managing editor or other essential employee
10entering the active military service of the United States, if
11the newspaper was continuously or regularly published for at
12least one year prior to its suspension and if its publication
13is resumed at any time not later than 12 months after such fire
14or Act of God, or if its publication is resumed at any time
15within 12 months after the termination of the labor dispute,
16or if its publication is resumed at any time within 12 months
17after the termination of the war in connection with which such
18persons entered such military service. ; and
19    (f) (Blank). which has the capability of placing notices
20required pursuant to this Act on a daily or weekly basis on the
21statewide website as required by Section 2.1.
22(Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
 
23    (715 ILCS 5/2.1 rep.)
24    Section 10. The Notice By Publication Act is amended by
25repealing Section 2.1.
 

 

 

SB3620- 6 -LRB102 24775 LNS 34018 b

1    Section 15. The Newspaper Legal Notice Act is amended by
2changing Sections 1 and 2 as follows:
 
3    (715 ILCS 10/1)  (from Ch. 100, par. 10)
4    Sec. 1. Whenever it is required by law that any legal
5notice or publication shall be published only in a newspaper
6in this State, it shall be held to mean a newspaper
7    (a) which consists of not less than 4 pages of printed
8matter and contains at least 100 square inches of printed
9matter per page; and
10    (b) which is printed through the use of one of the
11conventional and generally recognized printing processes such
12as letterpress, lithography or gravure; and
13    (c) which annually averages at least 25% news content per
14issue; or which annually averages at least 1,000 column inches
15of news content per issue, the term "news content" meaning for
16the purposes of this Act any printed matter other than
17advertising; and
18    (d) which publishes miscellaneous reading matter, legal or
19other announcements and notices, and news and information
20concerning current happenings and passing events of a
21political, social, religious, commercial, financial or legal
22nature, and advertisements or bulletins; and
23    (e) which has been continuously published at regular
24intervals of at least once each week with a minimum of 50

 

 

SB3620- 7 -LRB102 24775 LNS 34018 b

1issues per year, for at least one year prior to the first
2publication of the notice; or which is a successor to a
3newspaper as herein defined with no interruption of
4publication of more than 30 days; or which is a merged or
5consolidated newspaper formed by the merger or consolidation
6of two or more newspapers, one of which has been continuously
7published at regular intervals of at least once each week with
8a minimum of 50 issues per year for at least one year prior to
9the first publication of the notice. A newspaper shall be
10considered as continuously or regularly published although its
11publication has been suspended, where such suspension was
12caused by fire or an Act of God or by a labor dispute or by its
13owner, publisher, managing editor or other essential employee
14entering the active military service of the United States, if
15the newspaper was continuously or regularly published for at
16least one year prior to its suspension and if its publication
17is resumed at any time not later than 12 months after such fire
18or Act of God, or if its publication is resumed at any time
19within 12 months after the termination of the labor dispute,
20or if its publication is resumed at any time within 12 months
21after the termination of the war in connection with which such
22persons entered such military service. ; and
23    (f) (Blank). which has the capability of placing, at no
24additional cost to government, notices required pursuant to
25this Act on a daily or weekly basis on the statewide website
26established and maintained as a joint venture by the majority

 

 

SB3620- 8 -LRB102 24775 LNS 34018 b

1of Illinois newspapers as a repository for such notices.
2(Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
 
3    (715 ILCS 10/2)  (from Ch. 100, par. 10.1)
4    Sec. 2. When any legal notice is required by law to be
5published in any newspaper, such notice shall include the
6printing of such notice in the total circulation of each
7edition on the date of publication of the newspaper in which
8the notice is published; and the newspaper publishing the
9notice shall, at no additional cost to government, cause the
10notice to be placed on the statewide website established and
11maintained as a joint venture of the majority of Illinois
12newspapers as a repository for such notices. All notices
13required for publication by this Act shall remain legal and
14valid for all purposes when any error that occurs pursuant to
15the requirements of this Section in the requirement for
16placement of the notice on the statewide website is the fault
17of the printer.
18(Source: P.A. 100-72, eff. 1-1-18.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.