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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.)
 

 

 

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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

 

 

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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.