103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3154 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 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 05692 LNS 50711 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3154 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 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 05692 LNS 50711 b LRB103 05692 LNS 50711 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3154 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 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 05692 LNS 50711 b LRB103 05692 LNS 50711 b
LRB103 05692 LNS 50711 b
A BILL FOR
HB3154LRB103 05692 LNS 50711 b HB3154 LRB103 05692 LNS 50711 b
HB3154 LRB103 05692 LNS 50711 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 HB3154 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 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 05692 LNS 50711 b LRB103 05692 LNS 50711 b
LRB103 05692 LNS 50711 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
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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 (715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
25 Sec. 3.1. When any notice is required by law, or order of
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1 court, to be published in any newspaper, publication of such
2 notice shall include the printing of such notice in the total
3 circulation of each edition on the date of publication of the
4 newspaper in which the notice is published; and the newspaper
5 publishing the notice shall, at no additional cost to
6 government, cause the notice to be placed on the statewide
7 website established and maintained as a joint venture of the
8 majority of Illinois newspapers as a repository for such
9 notices. All notices required for publication by this Act
10 shall remain legal and valid for all purposes when any error
11 that occurs pursuant to the requirements of this Section for
12 placement of the notice on the statewide website is the fault
13 of the printer.
14 (Source: P.A. 100-72, eff. 1-1-18.)
15 (715 ILCS 5/5) (from Ch. 100, par. 5)
16 Sec. 5. When any notice is required by law or contract to
17 be published only in a newspaper (unless otherwise expressly
18 provided in the contract), it shall be intended to be in a
19 secular newspaper of general circulation, published in the
20 city, town, or county, or some newspaper specially authorized
21 by law to publish legal notices, in the city, town, or county.
22 If there is no newspaper published in the county in which the
23 city or town is located, notice shall be given in a secular
24 newspaper, as defined in this Act, that is published in an
25 adjoining county having general circulation within the city or
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1 town. Unless otherwise expressly provided in the contract, the
2 term "newspaper" means a newspaper:
3 (a) which consists of not less than 4 pages of printed
4 matter and contains at least 100 square inches of printed
5 matter per page; and
6 (b) which is printed through the use of one of the
7 conventional and generally recognized printing processes such
8 as letterpress, lithography, or gravure; and
9 (c) which annually averages at least 25% news content per
10 issue; or which annually averages at least 1,000 column inches
11 of news content per issue, the term "news content" meaning for
12 the purposes of this Act any printed matter other than
13 advertising; and
14 (d) which publishes miscellaneous reading matter, legal or
15 other announcements and notices, and news and information
16 concerning current happenings and passing events of a
17 political, social, religious, commercial, financial, or legal
18 nature, and advertisements or bulletins; and
19 (e) which has been continuously published at regular
20 intervals of at least once each week with a minimum of 50
21 issues per year, for at least one year prior to the first
22 publication of the notice; or which is a successor to a
23 newspaper as herein defined with no interruption of
24 publication of more than 30 days; or which is a merged or
25 consolidated newspaper formed by the merger or consolidation
26 of 2 two or more newspapers, one of which has been continuously
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1 published at regular intervals of at least once each week with
2 a minimum of 50 issues per year, for at least one year prior to
3 the first publication of the notice. A newspaper shall be
4 considered as continuously or regularly published although its
5 publication has been suspended, where such suspension was
6 caused by fire or an Act of God or by a labor dispute or by its
7 owner, publisher, managing editor, or other essential employee
8 entering the active military service of the United States, if
9 the newspaper was continuously or regularly published for at
10 least one year prior to its suspension and if its publication
11 is resumed at any time not later than 12 months after such fire
12 or Act of God, or if its publication is resumed at any time
13 within 12 months after the termination of the labor dispute,
14 or if its publication is resumed at any time within 12 months
15 after the termination of the war in connection with which such
16 persons entered such military service; and
17 (f) (blank). which has the capability of placing notices
18 required pursuant to this Act on a daily or weekly basis on the
19 statewide website as required by Section 2.1.
20 (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
21 (715 ILCS 5/2.1 rep.)
22 Section 10. The Notice By Publication Act is amended by
23 repealing Section 2.1.
24 Section 15. The Newspaper Legal Notice Act is amended by
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1 changing Sections 1 and 2 as follows:
2 (715 ILCS 10/1) (from Ch. 100, par. 10)
3 Sec. 1. Whenever it is required by law that any legal
4 notice or publication shall be published only in a newspaper
5 in this State, it shall be held to mean a newspaper:
6 (a) which consists of not less than 4 pages of printed
7 matter and contains at least 100 square inches of printed
8 matter per page; and
9 (b) which is printed through the use of one of the
10 conventional and generally recognized printing processes such
11 as letterpress, lithography, or gravure; and
12 (c) which annually averages at least 25% news content per
13 issue; or which annually averages at least 1,000 column inches
14 of news content per issue, the term "news content" meaning for
15 the purposes of this Act any printed matter other than
16 advertising; and
17 (d) which publishes miscellaneous reading matter, legal or
18 other announcements and notices, and news and information
19 concerning current happenings and passing events of a
20 political, social, religious, commercial, financial, or legal
21 nature, and advertisements or bulletins; and
22 (e) which has been continuously published at regular
23 intervals of at least once each week with a minimum of 50
24 issues per year, for at least one year prior to the first
25 publication of the notice; or which is a successor to a
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1 newspaper as herein defined with no interruption of
2 publication of more than 30 days; or which is a merged or
3 consolidated newspaper formed by the merger or consolidation
4 of 2 two or more newspapers, one of which has been continuously
5 published at regular intervals of at least once each week with
6 a minimum of 50 issues per year for at least one year prior to
7 the first publication of the notice. A newspaper shall be
8 considered as continuously or regularly published although its
9 publication has been suspended, where such suspension was
10 caused by fire or an Act of God or by a labor dispute or by its
11 owner, publisher, managing editor, or other essential employee
12 entering the active military service of the United States, if
13 the newspaper was continuously or regularly published for at
14 least one year prior to its suspension and if its publication
15 is resumed at any time not later than 12 months after such fire
16 or Act of God, or if its publication is resumed at any time
17 within 12 months after the termination of the labor dispute,
18 or if its publication is resumed at any time within 12 months
19 after the termination of the war in connection with which such
20 persons entered such military service; and
21 (f) (blank). which has the capability of placing, at no
22 additional cost to government, notices required pursuant to
23 this Act on a daily or weekly basis on the statewide website
24 established and maintained as a joint venture by the majority
25 of Illinois newspapers as a repository for such notices.
26 (Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
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1 (715 ILCS 10/2) (from Ch. 100, par. 10.1)
2 Sec. 2. When any legal notice is required by law to be
3 published in any newspaper, such notice shall include the
4 printing of such notice in the total circulation of each
5 edition on the date of publication of the newspaper in which
6 the notice is published; and the newspaper publishing the
7 notice shall, at no additional cost to government, cause the
8 notice to be placed on the statewide website established and
9 maintained as a joint venture of the majority of Illinois
10 newspapers as a repository for such notices. All notices
11 required for publication by this Act shall remain legal and
12 valid for all purposes when any error that occurs pursuant to
13 the requirements of this Section in the requirement 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 Section 99. Effective date. This Act takes effect upon
18 becoming law.
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