Bill Text: IL HB5232 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2010-07-21 - Public Act . . . . . . . . . 96-1144 [HB5232 Detail]
Download: Illinois-2009-HB5232-Enrolled.html
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1 | AN ACT concerning notices.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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7 | (715 ILCS 5/2) (from Ch. 100, par. 2)
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8 | 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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13 | 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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23 | (Source: P.A. 78-425.)
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1 | (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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9 | (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
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10 | 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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23 | (Source: P.A. 83-1483.)
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1 | (715 ILCS 5/5) (from Ch. 100, par. 5)
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2 | 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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14 | (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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17 | (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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20 | (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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25 | (d) which publishes miscellaneous reading matter, legal or | ||||||
26 | other
announcements and notices, and news and information |
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1 | 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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4 | (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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15 | 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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1 | military service ; and .
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2 | (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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6 | (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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12 | (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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1 | (Source: P.A. 96-59, eff. 7-23-09.)
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2 | Section 10. The Newspaper Legal Notice Act is amended by | ||||||
3 | changing Sections 1, 2, and 3 as follows:
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4 | (715 ILCS 10/1) (from Ch. 100, par. 10)
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5 | 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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8 | (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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11 | (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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14 | (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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19 | (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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24 | (e) which has been continuously published at regular |
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1 | 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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11 | 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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24 | (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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1 | 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.)
| ||||||
4 | (715 ILCS 10/2) (from Ch. 100, par. 10.1)
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5 | 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.
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19 | (Source: P.A. 78-673.)
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20 | (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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1 | legal and valid for all purposes.
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2 | (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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17 | Section 99. Effective date. This Act takes effect December | ||||||
18 | 31, 2012.
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