96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5232


 
Introduced 2/3/2010, by Rep. John E. Bradley
 
SYNOPSIS AS INTRODUCED:
 		





 


          



715 ILCS 5/2
  from Ch. 100, par. 2



715 ILCS 5/2.1 new





715 ILCS 5/3.1
  from Ch. 100, par. 3.1


715 ILCS 5/5
  from Ch. 100, par. 5



715 ILCS 5/11





715 ILCS 10/1
  from Ch. 100, par. 10


715 ILCS 10/2
  from Ch. 100, par. 10.1



715 ILCS 10/3











     Amends the Notice By Publication Act and the Newspaper Legal Notice Act.  Provides that if there is no newspaper published in the county where a unit of local government or school district is located, notice by publication shall be given in a secular newspaper located in an adjoining county having general circulation within the unit of local government or school district.   Provides that whenever notice is required by law, order of court, or a contract to be published in a newspaper,  the newspaper publishing the notice shall, at no additional cost to government, place the notice on the statewide website established and maintained as a joint venture of the majority of Illinois newspapers as a repository for the notices.  Includes, in the definition of "newspaper", a requirement  that the newspaper have the capability of placing notices on a daily or weekly basis on the statewide website established and maintained as a joint venture of the majority of Illinois newspapers as a repository for the notices. If, after the effective date, there is a notice that is required by law or order of court to be published in a particular unit of local government or school district and there is no newspaper published in the territory of the local government or district, or, in the county in which the local government or district is located, the notice shall be published in a secular newspaper that is published in an adjoining county having general circulation within the unit of local government or school district.  To the extent that there is a conflict between the provisions of this amendatory Act and any other provision of law, these provisions control. Effective January 1, 2011.
  















LRB096 16784 AJO 35243 b

















 


 


A BILL FOR









 




  






HB5232

LRB096 16784 AJO 35243 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 2, 3.1, 5, and 11 and  by adding Section 2.1 
6
as follows:
 



7
    (715 ILCS 5/2)  (from Ch. 100, par. 2)



8
    Sec. 2. 


9
    Whenever an officer of a court, unit of local government, 
10
or school
district is required by law to give notice by 
11
publication in a newspaper
which is published in a particular 
12
unit of local government or school
district, he shall, if there 
13
is no newspaper which is published in the unit
of local 
14
government or school district, give notice by publication in a

15
newspaper published in the county in which the unit of local 
16
government or
school district is located and having general 
17
circulation within the unit
of local government or school 
18
district. If there is no newspaper published in the county in 
19
which  the unit of local government or school district is 
20
located, notice by publication in a newspaper  shall be given in 
21
a secular newspaper, as defined in this Act, published in an 
22
adjoining county having general circulation within the unit of 
23
local government or school district. 

 


 






HB5232
- 2 -
LRB096 16784 AJO 35243 b




1
(Source: P.A. 78-425.)

 
2
    (715 ILCS 5/2.1 new)
3
    Sec. 2.1. Statewide website. Whenever notice by 
4
publication  in a newspaper is required by law, order of court, 
5
or contract, the newspaper publishing the notice shall, at no 
6
additional cost to government, place the notice on the 
7
statewide website established and maintained as a joint venture 
8
of the majority of Illinois newspapers as a repository for such 
9
notices.
 



10
    (715 ILCS 5/3.1)  (from Ch. 100, par. 3.1)



11
    Sec. 3.1. 
When any notice is required by law, or order of 
12
court, to be
published in any newspaper, publication of such 
13
notice shall include the printing of
such notice in the total 
14
circulation of each edition on the date of
publication of the 
15
newspaper in which the notice is published; and  the newspaper 
16
publishing the notice shall, at no additional cost to 
17
government, place the notice on the statewide website 
18
established and maintained as a joint venture of the majority 
19
of Illinois newspapers as a repository for such notices.

20
(Source: P.A. 83-1483.)

 



21
    (715 ILCS 5/5)  (from Ch. 100, par. 5)



22
    Sec. 5. 
When any notice is required by law or contract to 
23
be published in a
newspaper (unless otherwise expressly 
 


 






HB5232
- 3 -
LRB096 16784 AJO 35243 b




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 by 
4
law
to publish legal notices, in the city, town, or county. If 
5
there is no newspaper published in the county in which the city 
6
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

 


 






HB5232
- 4 -
LRB096 16784 AJO 35243 b




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 publication 
6
of
more than 30 days; or which is a merged or consolidated 
7
newspaper formed by
the merger or consolidation of two or more 
8
newspapers, one of which has
been continuously published at 
9
regular intervals of at least once each week
with a minimum of 
10
50 issues per year, for at least one year prior to the
first 
11
publication of the notice. A newspaper shall be considered as

12
continuously or regularly published although its publication 
13
has been
suspended, where such suspension was caused by fire or 
14
an Act of God or by
a labor dispute or by its owner, publisher, 
15
managing editor or other
essential employee entering the active 
16
military service of the United
States, if the newspaper was 
17
continuously or regularly published for at
least one year prior 
18
to its suspension and if its publication is resumed at
any time 
19
not later than 12 months after such fire or Act of God, or if 
20
its
publication is resumed at any time within 12 months after 
21
the termination
of the labor dispute, or if its publication is 
22
resumed at any time within
12 months after the termination of 
23
the war in connection with which such
persons entered such 
24
military service; and .

25
    (f) which has the capability of placing notices required 
26
pursuant to this Act on a daily or weekly basis on the 
 


 






HB5232
- 5 -
LRB096 16784 AJO 35243 b




1
statewide website as required by Section 2.1. 
2
(Source: P.A. 96-59, eff. 7-23-09.)

 
3
    (715 ILCS 5/11)
4
    Sec. 11. Applicability. 
5
    (a) Any notice published prior to the effective date of 
6
this amendatory Act of the 96th General Assembly and in 
7
compliance with the provisions of this amendatory Act shall be 
8
legal and valid for all purposes.

9
    (b) If, after the effective date of this amendatory Act of 
10
the 96th General Assembly, there is a notice that is required 
11
by law or order of court to be published in a particular unit 
12
of local government or school district and there is no 
13
newspaper published in that unit of local government or school 
14
district, or, in the county in which the unit of local 
15
government or school district is located, the notice shall be 
16
published in a secular newspaper, as defined by this Act, that 
17
is published in an adjoining county having general circulation 
18
within the unit of local government or school district.  To the 
19
extent that there is a conflict between the provisions of this 
20
amendatory Act of the 96th General Assembly and any other 
21
provision of law, the provisions added by this amendatory Act 
22
of the 96th General Assembly shall control. 
23
(Source: P.A. 96-59, eff. 7-23-09.)
 
24
    Section 10. The Newspaper Legal Notice Act is amended  by 
 


 






HB5232
- 6 -
LRB096 16784 AJO 35243 b




1
changing Sections 1, 2, and 3 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 in a newspaper in this 
5
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 
 


 






HB5232
- 7 -
LRB096 16784 AJO 35243 b




1
newspaper as herein defined with no interruption of publication 
2
of
more than 30 days; or which is a merged or consolidated 
3
newspaper formed by
the merger or consolidation of two or more 
4
newspapers, one of which has
been continuously published at 
5
regular intervals of at least once each week
with a minimum of 
6
50 issues per year for at least one year prior to the
first 
7
publication of the notice. A newspaper shall be considered as

8
continuously or regularly published although its publication 
9
has been
suspended, where such suspension was caused by fire or 
10
an Act of God or by
a labor dispute or by its owner, publisher, 
11
managing editor or other
essential employee entering the active 
12
military service of the United
States, if the newspaper was 
13
continuously or regularly published for at
least one year prior 
14
to its suspension and if its publication is resumed at
any time 
15
not later than 12 months after such fire or Act of God, or if 
16
its
publication is resumed at any time within 12 months after 
17
the termination
of the labor dispute, or if its publication is 
18
resumed at any time within
12 months after the termination of 
19
the war in connection with which such
persons entered such 
20
military service; and .

21
    (f) which has the capability of placing, at no additional 
22
cost to government, notices required pursuant to this Act on a 
23
daily or weekly basis on the statewide website established and 
24
maintained as a joint venture by the majority of Illinois 
25
newspapers as a repository for such notices. 
26
(Source: P.A. 96-59, eff. 7-23-09.)

 



 


 






HB5232
- 8 -
LRB096 16784 AJO 35243 b




1
    (715 ILCS 10/2)  (from Ch. 100, par. 10.1)



2
    Sec. 2. 


3
    When any legal notice is required by law to be published in 
4
any
newspaper, such notice shall include the printing of such 
5
notice in the
total circulation of each edition on the date of 
6
publication of the
newspaper in which the notice is published; 
7
and the newspaper publishing the notice shall, at no additional 
8
cost to government,  place the notice on the statewide website 
9
established and maintained as a joint venture of the majority 
10
of Illinois newspapers as a repository for such notices.

11
(Source: P.A. 78-673.)

 
12
    (715 ILCS 10/3)
13
    Sec. 3. Applicability. 
14
    (a) Any notice published prior to the effective date of 
15
this amendatory Act of the 96th General Assembly and in 
16
compliance with the provisions of this amendatory Act shall be 
17
legal and valid for all purposes.

18
    (b) If, after the effective date of this amendatory Act of 
19
the 96th General Assembly, there is a notice that is required 
20
by law or order of court to be published in a particular unit 
21
of local government or school district and there is no 
22
newspaper published in that unit of local government or school 
23
district, or, in the county in which the unit of local 
24
government or school district is located, the notice shall be 
 


 






HB5232
- 9 -
LRB096 16784 AJO 35243 b




1
published in a secular newspaper, as defined by this Act, that 
2
is published in an adjoining county having general circulation 
3
within the unit of local government or school district.  To the 
4
extent that there is a conflict between the provisions of this 
5
amendatory Act of the 96th General Assembly and any other 
6
provision of law, the provisions added by this amendatory Act 
7
of the 96th General Assembly shall control. 
8
(Source: P.A. 96-59, eff. 7-23-09.)
  
 
9
    Section 99. Effective date. This Act takes effect January 
10
1, 2011.