Bill Amendment: IL HB3445 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LEGAL NOTICES-ADJACENT COUNTY

Status: 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3445 Detail]

Download: Illinois-2015-HB3445-Senate_Amendment_001.html

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Sen. Michael E. Hastings

Filed: 9/9/2015

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AMENDMENT TO HOUSE BILL 3445
AMENDMENT NO. ______. Amend House Bill 3445 by replacing
everything after the enacting clause with the following:
"Section 5. The Notice By Publication Act is amended by
changing Sections 2, 2.1, and 3.1 as follows:
(715 ILCS 5/2) (from Ch. 100, par. 2)
Sec. 2. Whenever an officer of a court, unit of local
government, or school district is required by law to give
notice by publication in a newspaper which is published in a
particular unit of local government or school district, he
shall, if there is no newspaper which is published in the unit
of local government or school district, give notice by
publication in a newspaper published in the county in which the
unit of local government or school district is located and
having general circulation within the unit of local government
or school district. If there is no newspaper published in the

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county in which the unit of local government or school district
is located, notice by publication in a newspaper shall be given
in a secular newspaper, as defined in this Act, published in an
adjoining county having general circulation within the unit of
local government or school district.
(Source: P.A. 96-1144, eff. 12-31-12.)
(715 ILCS 5/2.1)
Sec. 2.1. Statewide website. Whenever notice by
publication in a newspaper is required by law, order of court,
or contract, the newspaper publishing the notice shall, at no
additional cost to government, cause the notice to be placed
place the notice on the statewide website established and
maintained as a joint venture of the majority of Illinois
newspapers as a repository for such notices.
(Source: P.A. 96-1144, eff. 12-31-12.)
(715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
Sec. 3.1. When any notice is required by law, or order of
court, to be published in any newspaper, publication of such
notice shall include the printing of such notice in the total
circulation of each edition on the date of publication of the
newspaper in which the notice is published; and the newspaper
publishing the notice shall, at no additional cost to
government, cause the notice to be placed place the notice on
the statewide website established and maintained as a joint

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venture of the majority of Illinois newspapers as a repository
for such notices. All notices required for publication by this
Act shall remain legal and valid for all purposes when any
error that occurs pursuant to the requirements of this Section
for placement of the notice on the statewide website is the
fault of the printer.
(Source: P.A. 96-1144, eff. 12-31-12.)
Section 10. The Newspaper Legal Notice Act is amended by
changing Sections 2 and 3 as follows:
(715 ILCS 10/2) (from Ch. 100, par. 10.1)
Sec. 2. When any legal notice is required by law to be
published in any newspaper, such notice shall include the
printing of such notice in the total circulation of each
edition on the date of publication of the newspaper in which
the notice is published; and the newspaper publishing the
notice shall, at no additional cost to government, cause the
notice to be placed place the notice on the statewide website
established and maintained as a joint venture of the majority
of Illinois newspapers as a repository for such notices. All
notices required for publication by this Act shall remain legal
and valid for all purposes when any error that occurs pursuant
to the requirements of this Section in the requirement for
placement of the notice on the statewide website is the fault
of the printer.

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(Source: P.A. 96-1144, eff. 12-31-12.)
(715 ILCS 10/3)
Sec. 3. Applicability.
(a) Any notice published prior to the effective date of
this amendatory Act of the 96th General Assembly and in
compliance with the provisions of this amendatory Act shall be
legal and valid for all purposes.
(b) If, after the effective date of this amendatory Act of
the 96th General Assembly, 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 that unit of local government or school
district, or, in the county in which the unit of local
government or school district is located, the notice shall be
published in a secular newspaper, as defined by this Act, 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 of the 96th General Assembly and any other
provision of law, the provisions added by this amendatory Act
of the 96th General Assembly shall control.
(Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
Section 15. The Legal Advertising Rate Act is amended by
changing Section 1 as follows:

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(715 ILCS 15/1) (from Ch. 100, par. 11)
Sec. 1. For purposes of this Act, "required public notice"
means any notice, advertisement, proclamation, statement,
proposal, ordinance or proceedings of an official body or board
or any other matter or material that is required by law or by
the order or rule of any court to be published in any
newspaper. The face of type of any required public notice shall
not be made shall be not smaller than the body type used in the
classified advertising in the newspaper in which the required
public notice is published. The minimum rate shall be 20 cents
per column line for each insertion of a required public notice.
The maximum rate charged for each insertion of a required
public notice shall not exceed the lowest classified rate paid
by commercial users for comparable space in the newspapers in
which the required public notice appears and shall include all
cash discounts, multiple insertion discounts, and similar
benefits extended to the newspaper's regular customers. For the
purposes of this Act, "commercial user" means a customer
submitting commercial advertising, and does not include a
customer submitting a required public notice.
(Source: P.A. 97-146, eff. 1-1-12.)".