Illinois 2023-2024 Regular Session

Illinois House Bill HB1505 Latest Draft

Bill / Introduced Version Filed 01/26/2023

                            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
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
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
    LRB103 25460 LNS 51809 b
A BILL FOR
HB1505LRB103 25460 LNS 51809 b   HB1505  LRB103 25460 LNS 51809 b
  HB1505  LRB103 25460 LNS 51809 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, township, or road district is
10  required to provide notice by publication in a newspaper by
11  law, order of court, or contract, the municipality, township,
12  or road district may publish the notice on an official
13  municipal, township, or road district website instead of in a
14  newspaper if the notice published on the official municipal,
15  township, or road district website is also published
16  electronically on a searchable online database website and
17  that website provides independent certification of the
18  publication.
19  (b) The municipality, township, or road district or the
20  host of the website may enter into a service-level agreement
21  with an Internet service provider that guarantees the site is
22  accessible to the public over the Internet at least 98% of the
23  time, 24 hours a day, 365 days a year.

 

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
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
    LRB103 25460 LNS 51809 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 25460 LNS 51809 b

 

 



 

  HB1505  LRB103 25460 LNS 51809 b


HB1505- 2 -LRB103 25460 LNS 51809 b   HB1505 - 2 - LRB103 25460 LNS 51809 b
  HB1505 - 2 - LRB103 25460 LNS 51809 b
1  (c) The official municipal, township, or road district
2  website shall display a link to the searchable online database
3  website, which shall contain a list of all current legal
4  notices of the municipality, township, or road district, with
5  links to or the full text of those notices. The website shall
6  contain a search function or other features that improve
7  public accessibility to the notices.
8  (d) Whenever an individual is unable to access an
9  electronic publication of a notice, the issuing municipality,
10  township, or road district shall provide a copy of the notice
11  to the individual free of charge at the principal office of the
12  municipality, township, or road district.
13  (e) Notices shall remain available on the website at least
14  until the last posting date required by law has expired or
15  until the event described in a notice has taken place,
16  whichever is later.
17  (f) Independent certification of the electronic
18  publication shall include a certificate stating the title of
19  the notice, the exact day, date, and time of the notice's
20  publication, the website address of the searchable online
21  database where the notice and archived notices may be accessed
22  by the public, and other information as may be available.
23  (g) For purposes of this Section, a searchable online
24  database website may be operated or managed by a statewide
25  organization of municipalities as authorized by Section 1-8-1
26  of the Illinois Municipal Code or townships as authorized by

 

 

  HB1505 - 2 - LRB103 25460 LNS 51809 b


HB1505- 3 -LRB103 25460 LNS 51809 b   HB1505 - 3 - LRB103 25460 LNS 51809 b
  HB1505 - 3 - LRB103 25460 LNS 51809 b
1  Section 85-15 of the Township Code at no additional cost to the
2  municipality, township, or road district to publish notices
3  thereon.
4  (h) This Section does not apply to a municipality with a
5  population greater than 1,000,000.
6  (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
7  Sec. 3.1.  When any notice is required by law, or order of
8  court, to be published in any newspaper, publication of such
9  notice shall include the printing of such notice in the total
10  circulation of each edition on the date of publication of the
11  newspaper in which the notice is published; and the newspaper
12  publishing the notice shall, at no additional cost to
13  government, cause the notice to be placed on the statewide
14  website established and maintained as a joint venture of the
15  majority of Illinois newspapers as a repository for such
16  notices. All notices required for publication by this Act
17  shall remain legal and valid for all purposes when any error
18  that occurs pursuant to the requirements of this Section for
19  placement of the notice on the statewide website is the fault
20  of the printer.
21  (Source: P.A. 100-72, eff. 1-1-18.)
22  (715 ILCS 5/5) (from Ch. 100, par. 5)
23  Sec. 5.  When any notice is required by law or contract to
24  be published only in a newspaper (unless otherwise expressly

 

 

  HB1505 - 3 - LRB103 25460 LNS 51809 b


HB1505- 4 -LRB103 25460 LNS 51809 b   HB1505 - 4 - LRB103 25460 LNS 51809 b
  HB1505 - 4 - LRB103 25460 LNS 51809 b
1  provided in the contract), it shall be intended to be in a
2  secular newspaper of general circulation, published in the
3  city, town or county, or some newspaper specially authorized
4  by law to publish legal notices, in the city, town, or county.
5  If there is no newspaper published in the county in which the
6  city or town is located, notice shall be given in a secular
7  newspaper, as defined in this Act, that is published in an
8  adjoining county having general circulation within the city or
9  town. Unless otherwise expressly provided in the contract, the
10  term "newspaper" means a newspaper
11  (a) which consists of not less than 4 pages of printed
12  matter and contains at least 100 square inches of printed
13  matter per page; and
14  (b) which is printed through the use of one of the
15  conventional and generally recognized printing processes such
16  as letterpress, lithography or gravure; and
17  (c) which annually averages at least 25% news content per
18  issue; or which annually averages at least 1,000 column inches
19  of news content per issue, the term "news content" meaning for
20  the purposes of this Act any printed matter other than
21  advertising; and
22  (d) which publishes miscellaneous reading matter, legal or
23  other announcements and notices, and news and information
24  concerning current happenings and passing events of a
25  political, social, religious, commercial, financial or legal
26  nature, and advertisements or bulletins; and

 

 

  HB1505 - 4 - LRB103 25460 LNS 51809 b


HB1505- 5 -LRB103 25460 LNS 51809 b   HB1505 - 5 - LRB103 25460 LNS 51809 b
  HB1505 - 5 - LRB103 25460 LNS 51809 b
1  (e) which has been continuously published at regular
2  intervals of at least once each week with a minimum of 50
3  issues per year, for at least one year prior to the first
4  publication of the notice; or which is a successor to a
5  newspaper as herein defined with no interruption of
6  publication of more than 30 days; or which is a merged or
7  consolidated newspaper formed by the merger or consolidation
8  of two or more newspapers, one of which has been continuously
9  published at regular intervals of at least once each week with
10  a minimum of 50 issues per year, for at least one year prior to
11  the first publication of the notice. A newspaper shall be
12  considered as continuously or regularly published although its
13  publication has been suspended, where such suspension was
14  caused by fire or an Act of God or by a labor dispute or by its
15  owner, publisher, managing editor or other essential employee
16  entering the active military service of the United States, if
17  the newspaper was continuously or regularly published for at
18  least one year prior to its suspension and if its publication
19  is resumed at any time not later than 12 months after such fire
20  or Act of God, or if its publication is resumed at any time
21  within 12 months after the termination of the labor dispute,
22  or if its publication is resumed at any time within 12 months
23  after the termination of the war in connection with which such
24  persons entered such military service; and
25  (f) (blank). which has the capability of placing notices
26  required pursuant to this Act on a daily or weekly basis on the

 

 

  HB1505 - 5 - LRB103 25460 LNS 51809 b


HB1505- 6 -LRB103 25460 LNS 51809 b   HB1505 - 6 - LRB103 25460 LNS 51809 b
  HB1505 - 6 - LRB103 25460 LNS 51809 b
1  statewide website as required by Section 2.1.
2  (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
3  (715 ILCS 5/2.1 rep.)
4  Section 10. The Notice By Publication Act is amended by
5  repealing Section 2.1.
6  Section 15. The Newspaper Legal Notice Act is amended by
7  changing Sections 1 and 2 as follows:
8  (715 ILCS 10/1) (from Ch. 100, par. 10)
9  Sec. 1.  Whenever it is required by law that any legal
10  notice or publication shall be published only in a newspaper
11  in this State, it shall be held to mean a newspaper
12  (a) which consists of not less than 4 pages of printed
13  matter and contains at least 100 square inches of printed
14  matter per page; and
15  (b) which is printed through the use of one of the
16  conventional and generally recognized printing processes such
17  as letterpress, lithography or gravure; and
18  (c) which annually averages at least 25% news content per
19  issue; or which annually averages at least 1,000 column inches
20  of news content per issue, the term "news content" meaning for
21  the purposes of this Act any printed matter other than
22  advertising; and
23  (d) which publishes miscellaneous reading matter, legal or

 

 

  HB1505 - 6 - LRB103 25460 LNS 51809 b


HB1505- 7 -LRB103 25460 LNS 51809 b   HB1505 - 7 - LRB103 25460 LNS 51809 b
  HB1505 - 7 - LRB103 25460 LNS 51809 b
1  other announcements and notices, and news and information
2  concerning current happenings and passing events of a
3  political, social, religious, commercial, financial or legal
4  nature, and advertisements or bulletins; and
5  (e) which has been continuously published at regular
6  intervals of at least once each week with a minimum of 50
7  issues per year, for at least one year prior to the first
8  publication of the notice; or which is a successor to a
9  newspaper as herein defined with no interruption of
10  publication of more than 30 days; or which is a merged or
11  consolidated newspaper formed by the merger or consolidation
12  of two or more newspapers, one of which has been continuously
13  published at regular intervals of at least once each week with
14  a minimum of 50 issues per year for at least one year prior to
15  the first publication of the notice. A newspaper shall be
16  considered as continuously or regularly published although its
17  publication has been suspended, where such suspension was
18  caused by fire or an Act of God or by a labor dispute or by its
19  owner, publisher, managing editor or other essential employee
20  entering the active military service of the United States, if
21  the newspaper was continuously or regularly published for at
22  least one year prior to its suspension and if its publication
23  is resumed at any time not later than 12 months after such fire
24  or Act of God, or if its publication is resumed at any time
25  within 12 months after the termination of the labor dispute,
26  or if its publication is resumed at any time within 12 months

 

 

  HB1505 - 7 - LRB103 25460 LNS 51809 b


HB1505- 8 -LRB103 25460 LNS 51809 b   HB1505 - 8 - LRB103 25460 LNS 51809 b
  HB1505 - 8 - LRB103 25460 LNS 51809 b
1  after the termination of the war in connection with which such
2  persons entered such military service; and
3  (f) (blank). which has the capability of placing, at no
4  additional cost to government, notices required pursuant to
5  this Act on a daily or weekly basis on the statewide website
6  established and maintained as a joint venture by the majority
7  of Illinois newspapers as a repository for such notices.
8  (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
9  (715 ILCS 10/2) (from Ch. 100, par. 10.1)
10  Sec. 2.  When any legal notice is required by law to be
11  published in any newspaper, such notice shall include the
12  printing of such notice in the total circulation of each
13  edition on the date of publication of the newspaper in which
14  the notice is published; and the newspaper publishing the
15  notice shall, at no additional cost to government, cause the
16  notice to be placed on the statewide website established and
17  maintained as a joint venture of the majority of Illinois
18  newspapers as a repository for such notices. All notices
19  required for publication by this Act shall remain legal and
20  valid for all purposes when any error that occurs pursuant to
21  the requirements of this Section in the requirement for
22  placement of the notice on the statewide website is the fault
23  of the printer.
24  (Source: P.A. 100-72, eff. 1-1-18.)
25  Section 99. Effective date. This Act takes effect upon

 

 

  HB1505 - 8 - LRB103 25460 LNS 51809 b


HB1505- 9 -LRB103 25460 LNS 51809 b   HB1505 - 9 - LRB103 25460 LNS 51809 b
  HB1505 - 9 - LRB103 25460 LNS 51809 b
1  becoming law.

 

 

  HB1505 - 9 - LRB103 25460 LNS 51809 b