103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1502 Introduced , by Rep. La Shawn K. Ford 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 Amends the Notice By Publication Act. Provides that, whenever a municipality with a population of 1,000,000 or less 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. LRB103 05679 LNS 50698 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1502 Introduced , by Rep. La Shawn K. Ford 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. 10.1 715 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 Amends the Notice By Publication Act. Provides that, whenever a municipality with a population of 1,000,000 or less 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. LRB103 05679 LNS 50698 b LRB103 05679 LNS 50698 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1502 Introduced , by Rep. La Shawn K. Ford 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. 10.1 715 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. 10.1 715 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 Amends the Notice By Publication Act. Provides that, whenever a municipality with a population of 1,000,000 or less 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. LRB103 05679 LNS 50698 b LRB103 05679 LNS 50698 b LRB103 05679 LNS 50698 b A BILL FOR HB1502LRB103 05679 LNS 50698 b HB1502 LRB103 05679 LNS 50698 b HB1502 LRB103 05679 LNS 50698 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 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1502 Introduced , by Rep. La Shawn K. Ford 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. 10.1 715 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. 10.1 715 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 Amends the Notice By Publication Act. Provides that, whenever a municipality with a population of 1,000,000 or less 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. LRB103 05679 LNS 50698 b LRB103 05679 LNS 50698 b LRB103 05679 LNS 50698 b A BILL FOR 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 LRB103 05679 LNS 50698 b HB1502 LRB103 05679 LNS 50698 b HB1502- 2 -LRB103 05679 LNS 50698 b HB1502 - 2 - LRB103 05679 LNS 50698 b HB1502 - 2 - LRB103 05679 LNS 50698 b 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 (h) This Section does not apply to a municipality with a 25 population greater than 1,000,000. HB1502 - 2 - LRB103 05679 LNS 50698 b HB1502- 3 -LRB103 05679 LNS 50698 b HB1502 - 3 - LRB103 05679 LNS 50698 b HB1502 - 3 - LRB103 05679 LNS 50698 b 1 (715 ILCS 5/3.1) (from Ch. 100, par. 3.1) 2 Sec. 3.1. When any notice is required by law, or order of 3 court, to be published in any newspaper, publication of such 4 notice shall include the printing of such notice in the total 5 circulation of each edition on the date of publication of the 6 newspaper in which the notice is published; and the newspaper 7 publishing the notice shall, at no additional cost to 8 government, cause the notice to be placed on the statewide 9 website established and maintained as a joint venture of the 10 majority of Illinois newspapers as a repository for such 11 notices. All notices required for publication by this Act 12 shall remain legal and valid for all purposes when any error 13 that occurs pursuant to the requirements of this Section 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 (715 ILCS 5/5) (from Ch. 100, par. 5) 18 Sec. 5. When any notice is required by law or contract to 19 be published only in a newspaper (unless otherwise expressly 20 provided in the contract), it shall be intended to be in a 21 secular newspaper of general circulation, published in the 22 city, town or county, or some newspaper specially authorized 23 by law to publish legal notices, in the city, town, or county. 24 If there is no newspaper published in the county in which the 25 city or town is located, notice shall be given in a secular HB1502 - 3 - LRB103 05679 LNS 50698 b HB1502- 4 -LRB103 05679 LNS 50698 b HB1502 - 4 - LRB103 05679 LNS 50698 b HB1502 - 4 - LRB103 05679 LNS 50698 b 1 newspaper, as defined in this Act, that is published in an 2 adjoining county having general circulation within the city or 3 town. Unless otherwise expressly provided in the contract, the 4 term "newspaper" means a newspaper 5 (a) which consists of not less than 4 pages of printed 6 matter and contains at least 100 square inches of printed 7 matter per page; and 8 (b) which is printed through the use of one of the 9 conventional and generally recognized printing processes such 10 as letterpress, lithography or gravure; and 11 (c) which annually averages at least 25% news content per 12 issue; or which annually averages at least 1,000 column inches 13 of news content per issue, the term "news content" meaning for 14 the purposes of this Act any printed matter other than 15 advertising; and 16 (d) which publishes miscellaneous reading matter, legal or 17 other announcements and notices, and news and information 18 concerning current happenings and passing events of a 19 political, social, religious, commercial, financial or legal 20 nature, and advertisements or bulletins; and 21 (e) which has been continuously published at regular 22 intervals of at least once each week with a minimum of 50 23 issues per year, for at least one year prior to the first 24 publication of the notice; or which is a successor to a 25 newspaper as herein defined with no interruption of 26 publication of more than 30 days; or which is a merged or HB1502 - 4 - LRB103 05679 LNS 50698 b HB1502- 5 -LRB103 05679 LNS 50698 b HB1502 - 5 - LRB103 05679 LNS 50698 b HB1502 - 5 - LRB103 05679 LNS 50698 b 1 consolidated newspaper formed by the merger or consolidation 2 of two or more newspapers, one of which has been continuously 3 published at regular intervals of at least once each week with 4 a minimum of 50 issues per year, for at least one year prior to 5 the first publication of the notice. A newspaper shall be 6 considered as continuously or regularly published although its 7 publication has been suspended, where such suspension was 8 caused by fire or an Act of God or by a labor dispute or by its 9 owner, publisher, managing editor or other essential employee 10 entering the active military service of the United States, if 11 the newspaper was continuously or regularly published for at 12 least one year prior to its suspension and if its publication 13 is resumed at any time not later than 12 months after such fire 14 or Act of God, or if its publication is resumed at any time 15 within 12 months after the termination of the labor dispute, 16 or if its publication is resumed at any time within 12 months 17 after the termination of the war in connection with which such 18 persons entered such military service; and 19 (f) (blank). which has the capability of placing notices 20 required pursuant to this Act on a daily or weekly basis on the 21 statewide website as required by Section 2.1. 22 (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.) 23 (715 ILCS 5/2.1 rep.) 24 Section 10. The Notice By Publication Act is amended by 25 repealing Section 2.1. HB1502 - 5 - LRB103 05679 LNS 50698 b HB1502- 6 -LRB103 05679 LNS 50698 b HB1502 - 6 - LRB103 05679 LNS 50698 b HB1502 - 6 - LRB103 05679 LNS 50698 b 1 Section 15. The Newspaper Legal Notice Act is amended by 2 changing Sections 1 and 2 as follows: 3 (715 ILCS 10/1) (from Ch. 100, par. 10) 4 Sec. 1. Whenever it is required by law that any legal 5 notice or publication shall be published only in a newspaper 6 in this State, it shall be held to mean a newspaper 7 (a) which consists of not less than 4 pages of printed 8 matter and contains at least 100 square inches of printed 9 matter per page; and 10 (b) which is printed through the use of one of the 11 conventional and generally recognized printing processes such 12 as letterpress, lithography or gravure; and 13 (c) which annually averages at least 25% news content per 14 issue; or which annually averages at least 1,000 column inches 15 of news content per issue, the term "news content" meaning for 16 the purposes of this Act any printed matter other than 17 advertising; and 18 (d) which publishes miscellaneous reading matter, legal or 19 other announcements and notices, and news and information 20 concerning current happenings and passing events of a 21 political, social, religious, commercial, financial or legal 22 nature, and advertisements or bulletins; and 23 (e) which has been continuously published at regular 24 intervals of at least once each week with a minimum of 50 HB1502 - 6 - LRB103 05679 LNS 50698 b HB1502- 7 -LRB103 05679 LNS 50698 b HB1502 - 7 - LRB103 05679 LNS 50698 b HB1502 - 7 - LRB103 05679 LNS 50698 b 1 issues per year, for at least one year prior to the first 2 publication of the notice; or which is a successor to a 3 newspaper as herein defined with no interruption of 4 publication of more than 30 days; or which is a merged or 5 consolidated newspaper formed by the merger or consolidation 6 of two or more newspapers, one of which has been continuously 7 published at regular intervals of at least once each week with 8 a minimum of 50 issues per year for at least one year prior to 9 the first publication of the notice. A newspaper shall be 10 considered as continuously or regularly published although its 11 publication has been suspended, where such suspension was 12 caused by fire or an Act of God or by a labor dispute or by its 13 owner, publisher, managing editor or other essential employee 14 entering the active military service of the United States, if 15 the newspaper was continuously or regularly published for at 16 least one year prior to its suspension and if its publication 17 is resumed at any time not later than 12 months after such fire 18 or Act of God, or if its publication is resumed at any time 19 within 12 months after the termination of the labor dispute, 20 or if its publication is resumed at any time within 12 months 21 after the termination of the war in connection with which such 22 persons entered such military service; and 23 (f) (blank). which has the capability of placing, at no 24 additional cost to government, notices required pursuant to 25 this Act on a daily or weekly basis on the statewide website 26 established and maintained as a joint venture by the majority HB1502 - 7 - LRB103 05679 LNS 50698 b HB1502- 8 -LRB103 05679 LNS 50698 b HB1502 - 8 - LRB103 05679 LNS 50698 b HB1502 - 8 - LRB103 05679 LNS 50698 b 1 of Illinois newspapers as a repository for such notices. 2 (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.) 3 (715 ILCS 10/2) (from Ch. 100, par. 10.1) 4 Sec. 2. When any legal notice is required by law to be 5 published in any newspaper, such notice shall include the 6 printing of such notice in the total circulation of each 7 edition on the date of publication of the newspaper in which 8 the notice is published; and the newspaper publishing the 9 notice shall, at no additional cost to government, cause the 10 notice to be placed on the statewide website established and 11 maintained as a joint venture of the majority of Illinois 12 newspapers as a repository for such notices. All notices 13 required for publication by this Act shall remain legal and 14 valid for all purposes when any error that occurs pursuant to 15 the requirements of this Section in the requirement for 16 placement of the notice on the statewide website is the fault 17 of the printer. 18 (Source: P.A. 100-72, eff. 1-1-18.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law. HB1502 - 8 - LRB103 05679 LNS 50698 b