Illinois 2023-2024 Regular Session

Illinois House Bill HB1502 Latest Draft

Bill / Introduced Version Filed 01/26/2023

                            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

 

 



 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.

 

 

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