Full Text of HB5232 96th General Assembly
HB5232enr 96TH GENERAL ASSEMBLY
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HB5232 Enrolled |
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| AN ACT concerning notices.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Notice By Publication Act is amended by | 5 |
| changing Sections 2, 3.1, 5, and 11 and by adding Section 2.1 | 6 |
| as follows:
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| (715 ILCS 5/2) (from Ch. 100, par. 2)
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| Sec. 2.
Whenever an officer of a court, unit of local | 9 |
| government, or school
district is required by law to give | 10 |
| notice by publication in a newspaper
which is published in a | 11 |
| particular unit of local government or school
district, he | 12 |
| shall, if there is no newspaper which is published in the unit
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| of local government or school district, give notice by | 14 |
| publication in a
newspaper published in the county in which the | 15 |
| unit of local government or
school district is located and | 16 |
| having general circulation within the unit
of local government | 17 |
| or school district. If there is no newspaper published in the | 18 |
| county in which the unit of local government or school district | 19 |
| is located, notice by publication in a newspaper shall be given | 20 |
| in a secular newspaper, as defined in this Act, published in an | 21 |
| adjoining county having general circulation within the unit of | 22 |
| local government or school district.
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| (Source: P.A. 78-425.)
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HB5232 Enrolled |
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| (715 ILCS 5/2.1 new) | 2 |
| Sec. 2.1. Statewide website. Whenever notice by | 3 |
| publication in a newspaper is required by law, order of court, | 4 |
| or contract, the newspaper publishing the notice shall, at no | 5 |
| additional cost to government, place the notice on the | 6 |
| statewide website established and maintained as a joint venture | 7 |
| of the majority of Illinois newspapers as a repository for such | 8 |
| notices.
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| (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
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| 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.
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| (Source: P.A. 83-1483.)
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HB5232 Enrolled |
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| (715 ILCS 5/5) (from Ch. 100, par. 5)
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| Sec. 5.
When any notice is required by law or contract to | 3 |
| be published in a
newspaper (unless otherwise expressly | 4 |
| provided in the contract), it shall
be intended to be in a | 5 |
| secular newspaper of general circulation, published
in the | 6 |
| city, town or county, or some newspaper specially authorized by | 7 |
| law
to publish legal notices, in the city, town, or county. If | 8 |
| there is no newspaper published in the county in which the city | 9 |
| or town is located, notice shall be given in a secular | 10 |
| newspaper, as defined in this Act, that is published in an | 11 |
| adjoining county having general circulation within the city or | 12 |
| town. Unless otherwise
expressly provided in the contract, the | 13 |
| term "newspaper" means a newspaper
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| (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
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| (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
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| (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 | 24 |
| advertising; and
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| (d) which publishes miscellaneous reading matter, legal or | 26 |
| other
announcements and notices, and news and information |
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HB5232 Enrolled |
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| concerning current
happenings and passing events of a | 2 |
| political, social, religious,
commercial, financial or legal | 3 |
| nature, and advertisements or bulletins; and
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| (e) which has been continuously published at regular | 5 |
| intervals of at
least once each week with a minimum of 50 | 6 |
| issues per year, for at least one
year prior to the first | 7 |
| publication of the notice; or which is a successor
to a | 8 |
| newspaper as herein defined with no interruption of publication | 9 |
| of
more than 30 days; or which is a merged or consolidated | 10 |
| newspaper formed by
the merger or consolidation of two or more | 11 |
| newspapers, one of which has
been continuously published at | 12 |
| regular intervals of at least once each week
with a minimum of | 13 |
| 50 issues per year, for at least one year prior to the
first | 14 |
| publication of the notice. A newspaper shall be considered as
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| continuously or regularly published although its publication | 16 |
| has been
suspended, where such suspension was caused by fire or | 17 |
| an Act of God or by
a labor dispute or by its owner, publisher, | 18 |
| managing editor or other
essential employee entering the active | 19 |
| military service of the United
States, if the newspaper was | 20 |
| continuously or regularly published for at
least one year prior | 21 |
| to its suspension and if its publication is resumed at
any time | 22 |
| not later than 12 months after such fire or Act of God, or if | 23 |
| its
publication is resumed at any time within 12 months after | 24 |
| the termination
of the labor dispute, or if its publication is | 25 |
| resumed at any time within
12 months after the termination of | 26 |
| the war in connection with which such
persons entered such |
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HB5232 Enrolled |
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LRB096 16784 AJO 35243 b |
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| military service ; and .
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| (f) which has the capability of placing notices required | 3 |
| pursuant to this Act on a daily or weekly basis on the | 4 |
| statewide website as required by Section 2.1. | 5 |
| (Source: P.A. 96-59, eff. 7-23-09.)
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| (715 ILCS 5/11) | 7 |
| Sec. 11. Applicability. | 8 |
| (a) Any notice published prior to the effective date of | 9 |
| this amendatory Act of the 96th General Assembly and in | 10 |
| compliance with the provisions of this amendatory Act shall be | 11 |
| legal and valid for all purposes.
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| (b) If, after the effective date of this amendatory Act of | 13 |
| the 96th General Assembly, there is a notice that is required | 14 |
| by law or order of court to be published in a particular unit | 15 |
| of local government or school district and there is no | 16 |
| newspaper published in that unit of local government or school | 17 |
| district, or, in the county in which the unit of local | 18 |
| government or school district is located, the notice shall be | 19 |
| published in a secular newspaper, as defined by this Act, that | 20 |
| is published in an adjoining county having general circulation | 21 |
| within the unit of local government or school district. To the | 22 |
| extent that there is a conflict between the provisions of this | 23 |
| amendatory Act of the 96th General Assembly and any other | 24 |
| provision of law, the provisions added by this amendatory Act | 25 |
| of the 96th General Assembly shall control. |
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HB5232 Enrolled |
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LRB096 16784 AJO 35243 b |
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| (Source: P.A. 96-59, eff. 7-23-09.) | 2 |
| Section 10. The Newspaper Legal Notice Act is amended by | 3 |
| changing Sections 1, 2, and 3 as follows:
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| (715 ILCS 10/1) (from Ch. 100, par. 10)
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| Sec. 1.
Whenever it is required by law that any legal | 6 |
| notice or publication
shall be published in a newspaper in this | 7 |
| State, it shall be held to mean a
newspaper
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| (a) which consists of not less than 4 pages of printed | 9 |
| matter and
contains at least 100 square inches of printed | 10 |
| matter per page; and
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| (b) which is printed through the use of one of the | 12 |
| conventional and
generally recognized printing processes such | 13 |
| as letterpress, lithography or
gravure; and
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| (c) which annually averages at least 25% news content per | 15 |
| issue; or
which annually averages at least 1,000 column inches | 16 |
| of news content per
issue, the term "news content" meaning for | 17 |
| the purposes of this Act any
printed matter other than | 18 |
| advertising; and
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| (d) which publishes miscellaneous reading matter, legal or | 20 |
| other
announcements and notices, and news and information | 21 |
| concerning current
happenings and passing events of a | 22 |
| political, social, religious,
commercial, financial or legal | 23 |
| nature, and advertisements or bulletins; and
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| (e) which has been continuously published at regular |
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HB5232 Enrolled |
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LRB096 16784 AJO 35243 b |
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| intervals of at
least once each week with a minimum of 50 | 2 |
| issues per year, for at least one
year prior to the first | 3 |
| publication of the notice; or which is a successor
to a | 4 |
| newspaper as herein defined with no interruption of publication | 5 |
| of
more than 30 days; or which is a merged or consolidated | 6 |
| newspaper formed by
the merger or consolidation of two or more | 7 |
| newspapers, one of which has
been continuously published at | 8 |
| regular intervals of at least once each week
with a minimum of | 9 |
| 50 issues per year for at least one year prior to the
first | 10 |
| publication of the notice. A newspaper shall be considered as
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| continuously or regularly published although its publication | 12 |
| has been
suspended, where such suspension was caused by fire or | 13 |
| an Act of God or by
a labor dispute or by its owner, publisher, | 14 |
| managing editor or other
essential employee entering the active | 15 |
| military service of the United
States, if the newspaper was | 16 |
| continuously or regularly published for at
least one year prior | 17 |
| to its suspension and if its publication is resumed at
any time | 18 |
| not later than 12 months after such fire or Act of God, or if | 19 |
| its
publication is resumed at any time within 12 months after | 20 |
| the termination
of the labor dispute, or if its publication is | 21 |
| resumed at any time within
12 months after the termination of | 22 |
| the war in connection with which such
persons entered such | 23 |
| military service ; and .
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| (f) which has the capability of placing, at no additional | 25 |
| cost to government, notices required pursuant to this Act on a | 26 |
| daily or weekly basis on the statewide website established and |
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HB5232 Enrolled |
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LRB096 16784 AJO 35243 b |
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| maintained as a joint venture by the majority of Illinois | 2 |
| newspapers as a repository for such notices. | 3 |
| (Source: P.A. 96-59, eff. 7-23-09.)
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| (715 ILCS 10/2) (from Ch. 100, par. 10.1)
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| Sec. 2.
When any legal notice is required by law to be | 6 |
| published in any
newspaper, such notice shall include the | 7 |
| printing of such notice in the
total circulation of each | 8 |
| edition on the date of publication of the
newspaper in which | 9 |
| the notice is published ; and the newspaper publishing the | 10 |
| notice shall, at no additional cost to government, place the | 11 |
| notice on the statewide website established and maintained as a | 12 |
| joint venture of the majority of Illinois newspapers as a | 13 |
| repository for such notices . All notices required for | 14 |
| publication by this Act shall remain legal and valid for all | 15 |
| purposes when any error that occurs pursuant to the | 16 |
| requirements of this Section in the requirement for placement | 17 |
| of the notice on the statewide website is the fault of the | 18 |
| printer.
| 19 |
| (Source: P.A. 78-673.)
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| (715 ILCS 10/3) | 21 |
| Sec. 3. Applicability. | 22 |
| (a) Any notice published prior to the effective date of | 23 |
| this amendatory Act of the 96th General Assembly and in | 24 |
| compliance with the provisions of this amendatory Act shall be |
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HB5232 Enrolled |
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LRB096 16784 AJO 35243 b |
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| legal and valid for all purposes.
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| (b) If, after the effective date of this amendatory Act of | 3 |
| the 96th General Assembly, there is a notice that is required | 4 |
| by law or order of court to be published in a particular unit | 5 |
| of local government or school district and there is no | 6 |
| newspaper published in that unit of local government or school | 7 |
| district, or, in the county in which the unit of local | 8 |
| government or school district is located, the notice shall be | 9 |
| published in a secular newspaper, as defined by this Act, that | 10 |
| is published in an adjoining county having general circulation | 11 |
| within the unit of local government or school district. To the | 12 |
| extent that there is a conflict between the provisions of this | 13 |
| amendatory Act of the 96th General Assembly and any other | 14 |
| provision of law, the provisions added by this amendatory Act | 15 |
| of the 96th General Assembly shall control. | 16 |
| (Source: P.A. 96-59, eff. 7-23-09.)
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| Section 99. Effective date. This Act takes effect December | 18 |
| 31, 2012.
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