Full Text of SB0061 103rd General Assembly
SB0061 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0061 Introduced 1/20/2023, 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 |
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Amends the Notice By Publication Act. Provides that whenever a municipality 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.
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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 is required to provide notice | 10 | | by publication in a newspaper by law, order of court, or | 11 | | contract, the municipality may publish the notice on an | 12 | | official municipal website instead of in a newspaper if the | 13 | | notice published on the official municipal website is also | 14 | | published electronically on a searchable online database | 15 | | website and that website provides independent certification of | 16 | | the publication. | 17 | | (b) The municipality or the host of the website may enter | 18 | | into a service-level agreement with an Internet service | 19 | | provider that guarantees the site is accessible to the public | 20 | | over the Internet at least 98% of the time, 24 hours a day, 365 | 21 | | days a year. | 22 | | (c) The official municipal website shall display a link to | 23 | | the searchable online database website, which shall contain a |
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| 1 | | list of all current legal notices of the municipality, with | 2 | | links to or the full text of those notices. The website shall | 3 | | contain a search function or other features that improve | 4 | | public accessibility to the notices. | 5 | | (d) Whenever an individual is unable to access an | 6 | | electronic publication of a notice, the issuing municipality | 7 | | shall provide a copy of the notice to the individual free of | 8 | | charge at the principal office of the municipality. | 9 | | (e) Notices shall remain available on the website at least | 10 | | until the last posting date required by law has expired or | 11 | | until the event described in a notice has taken place, | 12 | | whichever is later. | 13 | | (f) Independent certification of the electronic | 14 | | publication shall include a certificate stating the title of | 15 | | the notice, the exact day, date, and time of the notice's | 16 | | publication, the website address of the searchable online | 17 | | database where the notice and archived notices may be accessed | 18 | | by the public, and other information as may be available. | 19 | | (g) For purposes of this Section, a searchable online | 20 | | database website may be operated or managed by a statewide | 21 | | organization of municipalities as authorized by Section 1-8-1 | 22 | | of the Illinois Municipal Code at no additional cost to the | 23 | | municipality to publish notices thereon.
| 24 | | (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
| 25 | | Sec. 3.1.
When any notice is required by law, or order of |
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| 1 | | court, to be
published in any newspaper, publication of such | 2 | | notice shall include the printing of
such notice in the total | 3 | | circulation of each edition on the date of
publication of the | 4 | | newspaper in which the notice is published ; and the newspaper | 5 | | publishing the notice shall, at no additional cost to | 6 | | government, cause the notice to be placed on the statewide | 7 | | website established and maintained as a joint venture of the | 8 | | majority of Illinois newspapers as a repository for such | 9 | | notices. All notices required for publication by this Act | 10 | | shall remain legal and valid for all purposes when any error | 11 | | that occurs pursuant to the requirements of this Section for | 12 | | placement of the notice on the statewide website is the fault | 13 | | of the printer .
| 14 | | (Source: P.A. 100-72, eff. 1-1-18 .)
| 15 | | (715 ILCS 5/5) (from Ch. 100, par. 5)
| 16 | | Sec. 5.
When any notice is required by law or contract to | 17 | | be published only in a
newspaper (unless otherwise expressly | 18 | | provided in the contract), it shall
be intended to be in a | 19 | | secular newspaper of general circulation, published
in the | 20 | | city, town , or county, or some newspaper specially authorized | 21 | | by law
to publish legal notices, in the city, town, or county. | 22 | | If there is no newspaper published in the county in which the | 23 | | city or town is located, notice shall be given in a secular | 24 | | newspaper, as defined in this Act, that is published in an | 25 | | adjoining county having general circulation within the city or |
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| 1 | | town. Unless otherwise
expressly provided in the contract, the | 2 | | term "newspaper" means a newspaper :
| 3 | | (a) which consists of not less than 4 pages of printed | 4 | | matter and
contains at least 100 square inches of printed | 5 | | matter per page; and
| 6 | | (b) which is printed through the use of one of the | 7 | | conventional and
generally recognized printing processes such | 8 | | as letterpress, lithography , or
gravure; and
| 9 | | (c) which annually averages at least 25% news content per | 10 | | issue; or
which annually averages at least 1,000 column inches | 11 | | of news content per
issue, the term "news content" meaning for | 12 | | the purposes of this Act any
printed matter other than | 13 | | advertising; and
| 14 | | (d) which publishes miscellaneous reading matter, legal or | 15 | | other
announcements and notices, and news and information | 16 | | concerning current
happenings and passing events of a | 17 | | political, social, religious,
commercial, financial , or legal | 18 | | nature, and advertisements or bulletins; and
| 19 | | (e) which has been continuously published at regular | 20 | | intervals of at
least once each week with a minimum of 50 | 21 | | issues per year, for at least one
year prior to the first | 22 | | publication of the notice; or which is a successor
to a | 23 | | newspaper as herein defined with no interruption of | 24 | | publication of
more than 30 days; or which is a merged or | 25 | | consolidated newspaper formed by
the merger or consolidation | 26 | | of 2 two or more newspapers, one of which has
been continuously |
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| 1 | | published at regular intervals of at least once each week
with | 2 | | a minimum of 50 issues per year, for at least one year prior to | 3 | | the
first publication of the notice. A newspaper shall be | 4 | | considered as
continuously or regularly published although its | 5 | | publication has been
suspended, where such suspension was | 6 | | caused by fire or an Act of God or by
a labor dispute or by its | 7 | | owner, publisher, managing editor , or other
essential employee | 8 | | entering the active military service of the United
States, if | 9 | | the newspaper was continuously or regularly published for at
| 10 | | least one year prior to its suspension and if its publication | 11 | | is resumed at
any time not later than 12 months after such fire | 12 | | or Act of God, or if its
publication is resumed at any time | 13 | | within 12 months after the termination
of the labor dispute, | 14 | | or if its publication is resumed at any time within
12 months | 15 | | after the termination of the war in connection with which such
| 16 | | persons entered such military service; and
| 17 | | (f) (blank). which has the capability of placing notices | 18 | | required pursuant to this Act on a daily or weekly basis on the | 19 | | statewide website as required by Section 2.1. | 20 | | (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12 .)
| 21 | | (715 ILCS 5/2.1 rep.) | 22 | | Section 10. The Notice By Publication Act is amended by | 23 | | repealing Section 2.1. | 24 | | Section 15. The Newspaper Legal Notice Act is amended by |
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| 1 | | changing Sections 1 and 2 as follows:
| 2 | | (715 ILCS 10/1) (from Ch. 100, par. 10)
| 3 | | Sec. 1.
Whenever it is required by law that any legal | 4 | | notice or publication
shall be published only in a newspaper | 5 | | in this State, it shall be held to mean a
newspaper :
| 6 | | (a) which consists of not less than 4 pages of printed | 7 | | matter and
contains at least 100 square inches of printed | 8 | | matter per page; and
| 9 | | (b) which is printed through the use of one of the | 10 | | conventional and
generally recognized printing processes such | 11 | | as letterpress, lithography , or
gravure; and
| 12 | | (c) which annually averages at least 25% news content per | 13 | | issue; or
which annually averages at least 1,000 column inches | 14 | | of news content per
issue, the term "news content" meaning for | 15 | | the purposes of this Act any
printed matter other than | 16 | | advertising; and
| 17 | | (d) which publishes miscellaneous reading matter, legal or | 18 | | other
announcements and notices, and news and information | 19 | | concerning current
happenings and passing events of a | 20 | | political, social, religious,
commercial, financial , or legal | 21 | | nature, and advertisements or bulletins; and
| 22 | | (e) which has been continuously published at regular | 23 | | intervals of at
least once each week with a minimum of 50 | 24 | | issues per year, for at least one
year prior to the first | 25 | | publication of the notice; or which is a successor
to a |
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| 1 | | newspaper as herein defined with no interruption of | 2 | | publication of
more than 30 days; or which is a merged or | 3 | | consolidated newspaper formed by
the merger or consolidation | 4 | | of 2 two or more newspapers, one of which has
been continuously | 5 | | published at regular intervals of at least once each week
with | 6 | | a minimum of 50 issues per year for at least one year prior to | 7 | | the
first publication of the notice. A newspaper shall be | 8 | | considered as
continuously or regularly published although its | 9 | | publication has been
suspended, where such suspension was | 10 | | caused by fire or an Act of God or by
a labor dispute or by its | 11 | | owner, publisher, managing editor , or other
essential employee | 12 | | entering the active military service of the United
States, if | 13 | | the newspaper was continuously or regularly published for at
| 14 | | least one year prior to its suspension and if its publication | 15 | | is resumed at
any time not later than 12 months after such fire | 16 | | or Act of God, or if its
publication is resumed at any time | 17 | | within 12 months after the termination
of the labor dispute, | 18 | | or if its publication is resumed at any time within
12 months | 19 | | after the termination of the war in connection with which such
| 20 | | persons entered such military service; and
| 21 | | (f) (blank). which has the capability of placing, at no | 22 | | additional cost to government, notices required pursuant to | 23 | | this Act on a daily or weekly basis on the statewide website | 24 | | established and maintained as a joint venture by the majority | 25 | | of Illinois newspapers as a repository for such notices. | 26 | | (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12 .)
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| 1 | | (715 ILCS 10/2) (from Ch. 100, par. 10.1)
| 2 | | Sec. 2.
When any legal notice is required by law to be | 3 | | published in any
newspaper, such notice shall include the | 4 | | printing of such notice in the
total circulation of each | 5 | | edition on the date of publication of the
newspaper in which | 6 | | the notice is published ; and the newspaper publishing the | 7 | | notice shall, at no additional cost to government, cause the | 8 | | notice to be placed on the statewide website established and | 9 | | maintained as a joint venture of the majority of Illinois | 10 | | newspapers as a repository for such notices. All notices | 11 | | required for publication by this Act shall remain legal and | 12 | | valid for all purposes when any error that occurs pursuant to | 13 | | the requirements of this Section in the requirement for | 14 | | placement of the notice on the statewide website is the fault | 15 | | of the printer .
| 16 | | (Source: P.A. 100-72, eff. 1-1-18 .)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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