Illinois 2023-2024 Regular Session

Illinois House Bill HB1505 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1505 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, township, or road district 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, township, or road district may publish the notice on an official municipal, township, or road district website instead of in a newspaper if the notice published on the official municipal, township, or road district 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 25460 LNS 51809 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1505 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, township, or road district 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, township, or road district may publish the notice on an official municipal, township, or road district website instead of in a newspaper if the notice published on the official municipal, township, or road district 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 25460 LNS 51809 b LRB103 25460 LNS 51809 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1505 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
33 715 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
44 715 ILCS 5/2.2 new
55 715 ILCS 5/3.1 from Ch. 100, par. 3.1
66 715 ILCS 5/5 from Ch. 100, par. 5
77 715 ILCS 5/2.1 rep.
88 715 ILCS 10/1 from Ch. 100, par. 10
99 715 ILCS 10/2 from Ch. 100, par. 10.1
1010 Amends the Notice By Publication Act. Provides that, whenever a municipality, township, or road district 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, township, or road district may publish the notice on an official municipal, township, or road district website instead of in a newspaper if the notice published on the official municipal, township, or road district 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.
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1616 1 AN ACT concerning notices.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 5. The Notice By Publication Act is amended by
2020 5 changing Sections 3.1 and 5 and by adding Section 2.2 as
2121 6 follows:
2222 7 (715 ILCS 5/2.2 new)
2323 8 Sec. 2.2. Municipal electronic publication.
2424 9 (a) Whenever a municipality, township, or road district is
2525 10 required to provide notice by publication in a newspaper by
2626 11 law, order of court, or contract, the municipality, township,
2727 12 or road district may publish the notice on an official
2828 13 municipal, township, or road district website instead of in a
2929 14 newspaper if the notice published on the official municipal,
3030 15 township, or road district website is also published
3131 16 electronically on a searchable online database website and
3232 17 that website provides independent certification of the
3333 18 publication.
3434 19 (b) The municipality, township, or road district or the
3535 20 host of the website may enter into a service-level agreement
3636 21 with an Internet service provider that guarantees the site is
3737 22 accessible to the public over the Internet at least 98% of the
3838 23 time, 24 hours a day, 365 days a year.
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4242 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1505 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
4343 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
4444 715 ILCS 5/2.2 new
4545 715 ILCS 5/3.1 from Ch. 100, par. 3.1
4646 715 ILCS 5/5 from Ch. 100, par. 5
4747 715 ILCS 5/2.1 rep.
4848 715 ILCS 10/1 from Ch. 100, par. 10
4949 715 ILCS 10/2 from Ch. 100, par. 10.1
5050 Amends the Notice By Publication Act. Provides that, whenever a municipality, township, or road district 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, township, or road district may publish the notice on an official municipal, township, or road district website instead of in a newspaper if the notice published on the official municipal, township, or road district 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.
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5353 A BILL FOR
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6161 715 ILCS 5/5 from Ch. 100, par. 5
6262 715 ILCS 5/2.1 rep.
6363 715 ILCS 10/1 from Ch. 100, par. 10
6464 715 ILCS 10/2 from Ch. 100, par. 10.1
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8383 1 (c) The official municipal, township, or road district
8484 2 website shall display a link to the searchable online database
8585 3 website, which shall contain a list of all current legal
8686 4 notices of the municipality, township, or road district, with
8787 5 links to or the full text of those notices. The website shall
8888 6 contain a search function or other features that improve
8989 7 public accessibility to the notices.
9090 8 (d) Whenever an individual is unable to access an
9191 9 electronic publication of a notice, the issuing municipality,
9292 10 township, or road district shall provide a copy of the notice
9393 11 to the individual free of charge at the principal office of the
9494 12 municipality, township, or road district.
9595 13 (e) Notices shall remain available on the website at least
9696 14 until the last posting date required by law has expired or
9797 15 until the event described in a notice has taken place,
9898 16 whichever is later.
9999 17 (f) Independent certification of the electronic
100100 18 publication shall include a certificate stating the title of
101101 19 the notice, the exact day, date, and time of the notice's
102102 20 publication, the website address of the searchable online
103103 21 database where the notice and archived notices may be accessed
104104 22 by the public, and other information as may be available.
105105 23 (g) For purposes of this Section, a searchable online
106106 24 database website may be operated or managed by a statewide
107107 25 organization of municipalities as authorized by Section 1-8-1
108108 26 of the Illinois Municipal Code or townships as authorized by
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119119 1 Section 85-15 of the Township Code at no additional cost to the
120120 2 municipality, township, or road district to publish notices
121121 3 thereon.
122122 4 (h) This Section does not apply to a municipality with a
123123 5 population greater than 1,000,000.
124124 6 (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
125125 7 Sec. 3.1. When any notice is required by law, or order of
126126 8 court, to be published in any newspaper, publication of such
127127 9 notice shall include the printing of such notice in the total
128128 10 circulation of each edition on the date of publication of the
129129 11 newspaper in which the notice is published; and the newspaper
130130 12 publishing the notice shall, at no additional cost to
131131 13 government, cause the notice to be placed on the statewide
132132 14 website established and maintained as a joint venture of the
133133 15 majority of Illinois newspapers as a repository for such
134134 16 notices. All notices required for publication by this Act
135135 17 shall remain legal and valid for all purposes when any error
136136 18 that occurs pursuant to the requirements of this Section for
137137 19 placement of the notice on the statewide website is the fault
138138 20 of the printer.
139139 21 (Source: P.A. 100-72, eff. 1-1-18.)
140140 22 (715 ILCS 5/5) (from Ch. 100, par. 5)
141141 23 Sec. 5. When any notice is required by law or contract to
142142 24 be published only in a newspaper (unless otherwise expressly
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153153 1 provided in the contract), it shall be intended to be in a
154154 2 secular newspaper of general circulation, published in the
155155 3 city, town or county, or some newspaper specially authorized
156156 4 by law to publish legal notices, in the city, town, or county.
157157 5 If there is no newspaper published in the county in which the
158158 6 city or town is located, notice shall be given in a secular
159159 7 newspaper, as defined in this Act, that is published in an
160160 8 adjoining county having general circulation within the city or
161161 9 town. Unless otherwise expressly provided in the contract, the
162162 10 term "newspaper" means a newspaper
163163 11 (a) which consists of not less than 4 pages of printed
164164 12 matter and contains at least 100 square inches of printed
165165 13 matter per page; and
166166 14 (b) which is printed through the use of one of the
167167 15 conventional and generally recognized printing processes such
168168 16 as letterpress, lithography or gravure; and
169169 17 (c) which annually averages at least 25% news content per
170170 18 issue; or which annually averages at least 1,000 column inches
171171 19 of news content per issue, the term "news content" meaning for
172172 20 the purposes of this Act any printed matter other than
173173 21 advertising; and
174174 22 (d) which publishes miscellaneous reading matter, legal or
175175 23 other announcements and notices, and news and information
176176 24 concerning current happenings and passing events of a
177177 25 political, social, religious, commercial, financial or legal
178178 26 nature, and advertisements or bulletins; and
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189189 1 (e) which has been continuously published at regular
190190 2 intervals of at least once each week with a minimum of 50
191191 3 issues per year, for at least one year prior to the first
192192 4 publication of the notice; or which is a successor to a
193193 5 newspaper as herein defined with no interruption of
194194 6 publication of more than 30 days; or which is a merged or
195195 7 consolidated newspaper formed by the merger or consolidation
196196 8 of two or more newspapers, one of which has been continuously
197197 9 published at regular intervals of at least once each week with
198198 10 a minimum of 50 issues per year, for at least one year prior to
199199 11 the first publication of the notice. A newspaper shall be
200200 12 considered as continuously or regularly published although its
201201 13 publication has been suspended, where such suspension was
202202 14 caused by fire or an Act of God or by a labor dispute or by its
203203 15 owner, publisher, managing editor or other essential employee
204204 16 entering the active military service of the United States, if
205205 17 the newspaper was continuously or regularly published for at
206206 18 least one year prior to its suspension and if its publication
207207 19 is resumed at any time not later than 12 months after such fire
208208 20 or Act of God, or if its publication is resumed at any time
209209 21 within 12 months after the termination of the labor dispute,
210210 22 or if its publication is resumed at any time within 12 months
211211 23 after the termination of the war in connection with which such
212212 24 persons entered such military service; and
213213 25 (f) (blank). which has the capability of placing notices
214214 26 required pursuant to this Act on a daily or weekly basis on the
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225225 1 statewide website as required by Section 2.1.
226226 2 (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
227227 3 (715 ILCS 5/2.1 rep.)
228228 4 Section 10. The Notice By Publication Act is amended by
229229 5 repealing Section 2.1.
230230 6 Section 15. The Newspaper Legal Notice Act is amended by
231231 7 changing Sections 1 and 2 as follows:
232232 8 (715 ILCS 10/1) (from Ch. 100, par. 10)
233233 9 Sec. 1. Whenever it is required by law that any legal
234234 10 notice or publication shall be published only in a newspaper
235235 11 in this State, it shall be held to mean a newspaper
236236 12 (a) which consists of not less than 4 pages of printed
237237 13 matter and contains at least 100 square inches of printed
238238 14 matter per page; and
239239 15 (b) which is printed through the use of one of the
240240 16 conventional and generally recognized printing processes such
241241 17 as letterpress, lithography or gravure; and
242242 18 (c) which annually averages at least 25% news content per
243243 19 issue; or which annually averages at least 1,000 column inches
244244 20 of news content per issue, the term "news content" meaning for
245245 21 the purposes of this Act any printed matter other than
246246 22 advertising; and
247247 23 (d) which publishes miscellaneous reading matter, legal or
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258258 1 other announcements and notices, and news and information
259259 2 concerning current happenings and passing events of a
260260 3 political, social, religious, commercial, financial or legal
261261 4 nature, and advertisements or bulletins; and
262262 5 (e) which has been continuously published at regular
263263 6 intervals of at least once each week with a minimum of 50
264264 7 issues per year, for at least one year prior to the first
265265 8 publication of the notice; or which is a successor to a
266266 9 newspaper as herein defined with no interruption of
267267 10 publication of more than 30 days; or which is a merged or
268268 11 consolidated newspaper formed by the merger or consolidation
269269 12 of two or more newspapers, one of which has been continuously
270270 13 published at regular intervals of at least once each week with
271271 14 a minimum of 50 issues per year for at least one year prior to
272272 15 the first publication of the notice. A newspaper shall be
273273 16 considered as continuously or regularly published although its
274274 17 publication has been suspended, where such suspension was
275275 18 caused by fire or an Act of God or by a labor dispute or by its
276276 19 owner, publisher, managing editor or other essential employee
277277 20 entering the active military service of the United States, if
278278 21 the newspaper was continuously or regularly published for at
279279 22 least one year prior to its suspension and if its publication
280280 23 is resumed at any time not later than 12 months after such fire
281281 24 or Act of God, or if its publication is resumed at any time
282282 25 within 12 months after the termination of the labor dispute,
283283 26 or if its publication is resumed at any time within 12 months
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294294 1 after the termination of the war in connection with which such
295295 2 persons entered such military service; and
296296 3 (f) (blank). which has the capability of placing, at no
297297 4 additional cost to government, notices required pursuant to
298298 5 this Act on a daily or weekly basis on the statewide website
299299 6 established and maintained as a joint venture by the majority
300300 7 of Illinois newspapers as a repository for such notices.
301301 8 (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
302302 9 (715 ILCS 10/2) (from Ch. 100, par. 10.1)
303303 10 Sec. 2. When any legal notice is required by law to be
304304 11 published in any newspaper, such notice shall include the
305305 12 printing of such notice in the total circulation of each
306306 13 edition on the date of publication of the newspaper in which
307307 14 the notice is published; and the newspaper publishing the
308308 15 notice shall, at no additional cost to government, cause the
309309 16 notice to be placed on the statewide website established and
310310 17 maintained as a joint venture of the majority of Illinois
311311 18 newspapers as a repository for such notices. All notices
312312 19 required for publication by this Act shall remain legal and
313313 20 valid for all purposes when any error that occurs pursuant to
314314 21 the requirements of this Section in the requirement for
315315 22 placement of the notice on the statewide website is the fault
316316 23 of the printer.
317317 24 (Source: P.A. 100-72, eff. 1-1-18.)
318318 25 Section 99. Effective date. This Act takes effect upon
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