Bill Text: IL HB0811 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Notice By Publication Act. Provides that whenever a governmental unit, community college district, or school district is required to provide notice by publication in a newspaper by law, order of court, or contract, the governmental unit, community college district, or school district may publish the notice on an official government website instead of in a newspaper. Provides conditions concerning the availability and format of the notice webpage. 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.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0811 Detail]

Download: Illinois-2021-HB0811-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0811 Introduced , by Rep. Jonathan Carroll 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 governmental unit, community college district, or school district is required to provide notice by publication in a newspaper by law, order of court, or contract, the governmental unit may publish the notice on an official government website instead of in a newspaper. Provides conditions concerning the availability and format of the notice webpage. 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.
LRB102 14122 LNS 19474 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0811 LRB102 14122 LNS 19474 b
AN ACT concerning notices.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Notice By Publication Act is amended by
changing Sections 3.1 and 5 and by adding Section 2.2 as
follows:
(715 ILCS 5/2.2 new)
Sec. 2.2. Electronic publication.
(a) Whenever a governmental unit, community college
district, or school district is required to provide notice by
publication in a newspaper by law, order of court, or
contract, the governmental unit, community college district,
or school district may publish the notice on an official
government website instead of in a newspaper.
(b) The governmental unit, community college district, or
school district, or the host of the notice website, shall
enter into a service-level agreement with an Internet service
provider that guarantees the site is accessible to the public
over the Internet at least 98% of the time, 24 hours a day, 365
days a year.
(c) The official website of the governmental unit,
community college district, or school district shall
prominently display a link to the notice web page, which shall

HB0811 - 2 - LRB102 14122 LNS 19474 b
be an index web page, containing a list of all current legal
notices of the unit or district, with links to the full text of
those notices. The index web page shall also contain a search
function and other features that improve public accessibility
to legal notices.
(d) Whenever an individual is unable to access an
electronic publication of a legal notice, the issuing
governmental unit, community college district, or school
district shall provide a copy of the notice to the individual
free of charge.
(e) Notices shall remain available on the website at least
until the last posting date required by law has expired or
until the event described in a notice has taken place,
whichever is later.
(715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
Sec. 3.1. When any notice is required by law, or order of
court, to be published in any newspaper, publication of such
notice shall include the printing of such notice in the total
circulation of each edition on the date of publication of the
newspaper in which the notice is published; and the newspaper
publishing the notice shall, at no additional cost to
government, cause the notice to be placed on the statewide
website established and maintained as a joint venture of the
majority of Illinois newspapers as a repository for such
notices. All notices required for publication by this Act

HB0811 - 3 - LRB102 14122 LNS 19474 b
shall remain legal and valid for all purposes when any error
that occurs pursuant to the requirements of this Section for
placement of the notice on the statewide website is the fault
of the printer.
(Source: P.A. 100-72, eff. 1-1-18.)
(715 ILCS 5/5) (from Ch. 100, par. 5)
Sec. 5. When any notice is required by law or contract to
be published in a newspaper (unless otherwise expressly
provided in the contract), it shall be intended to be in a
secular newspaper of general circulation, published in the
city, town or county, or some newspaper specially authorized
by law to publish legal notices, in the city, town, or county.
If there is no newspaper published in the county in which the
city or town is located, notice shall be given in a secular
newspaper, as defined in this Act, that is published in an
adjoining county having general circulation within the city or
town. Unless otherwise expressly provided in the contract, the
term "newspaper" means a newspaper
(a) which consists of not less than 4 pages of printed
matter and contains at least 100 square inches of printed
matter per page; and
(b) which is printed through the use of one of the
conventional and generally recognized printing processes such
as letterpress, lithography or gravure; and
(c) which annually averages at least 25% news content per

HB0811 - 4 - LRB102 14122 LNS 19474 b
issue; or which annually averages at least 1,000 column inches
of news content per issue, the term "news content" meaning for
the purposes of this Act any printed matter other than
advertising; and
(d) which publishes miscellaneous reading matter, legal or
other announcements and notices, and news and information
concerning current happenings and passing events of a
political, social, religious, commercial, financial or legal
nature, and advertisements or bulletins; and
(e) which has been continuously published at regular
intervals of at least once each week with a minimum of 50
issues per year, for at least one year prior to the first
publication of the notice; or which is a successor to a
newspaper as herein defined with no interruption of
publication of more than 30 days; or which is a merged or
consolidated newspaper formed by the merger or consolidation
of two or more newspapers, one of which has been continuously
published at regular intervals of at least once each week with
a minimum of 50 issues per year, for at least one year prior to
the first publication of the notice. A newspaper shall be
considered as continuously or regularly published although its
publication has been suspended, where such suspension was
caused by fire or an Act of God or by a labor dispute or by its
owner, publisher, managing editor or other essential employee
entering the active military service of the United States, if
the newspaper was continuously or regularly published for at

HB0811 - 5 - LRB102 14122 LNS 19474 b
least one year prior to its suspension and if its publication
is resumed at any time not later than 12 months after such fire
or Act of God, or if its publication is resumed at any time
within 12 months after the termination of the labor dispute,
or if its publication is resumed at any time within 12 months
after the termination of the war in connection with which such
persons entered such military service. ; and
(f) (Blank). which has the capability of placing notices
required pursuant to this Act on a daily or weekly basis on the
statewide website as required by Section 2.1.
(Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
(715 ILCS 5/2.1 rep.)
Section 10. The Notice By Publication Act is amended by
repealing Section 2.1.
Section 15. The Newspaper Legal Notice Act is amended by
changing Sections 1 and 2 as follows:
(715 ILCS 10/1) (from Ch. 100, par. 10)
Sec. 1. Whenever it is required by law that any legal
notice or publication shall be published in a newspaper in
this State, it shall be held to mean a newspaper
(a) which consists of not less than 4 pages of printed
matter and contains at least 100 square inches of printed
matter per page; and

HB0811 - 6 - LRB102 14122 LNS 19474 b
(b) which is printed through the use of one of the
conventional and generally recognized printing processes such
as letterpress, lithography or gravure; and
(c) which annually averages at least 25% news content per
issue; or which annually averages at least 1,000 column inches
of news content per issue, the term "news content" meaning for
the purposes of this Act any printed matter other than
advertising; and
(d) which publishes miscellaneous reading matter, legal or
other announcements and notices, and news and information
concerning current happenings and passing events of a
political, social, religious, commercial, financial or legal
nature, and advertisements or bulletins; and
(e) which has been continuously published at regular
intervals of at least once each week with a minimum of 50
issues per year, for at least one year prior to the first
publication of the notice; or which is a successor to a
newspaper as herein defined with no interruption of
publication of more than 30 days; or which is a merged or
consolidated newspaper formed by the merger or consolidation
of two or more newspapers, one of which has been continuously
published at regular intervals of at least once each week with
a minimum of 50 issues per year for at least one year prior to
the first publication of the notice. A newspaper shall be
considered as continuously or regularly published although its
publication has been suspended, where such suspension was

HB0811 - 7 - LRB102 14122 LNS 19474 b
caused by fire or an Act of God or by a labor dispute or by its
owner, publisher, managing editor or other essential employee
entering the active military service of the United States, if
the newspaper was continuously or regularly published for at
least one year prior to its suspension and if its publication
is resumed at any time not later than 12 months after such fire
or Act of God, or if its publication is resumed at any time
within 12 months after the termination of the labor dispute,
or if its publication is resumed at any time within 12 months
after the termination of the war in connection with which such
persons entered such military service. ; and
(f) (Blank). which has the capability of placing, at no
additional cost to government, notices required pursuant to
this Act on a daily or weekly basis on the statewide website
established and maintained as a joint venture by the majority
of Illinois newspapers as a repository for such notices.
(Source: P.A. 96-59, eff. 7-23-09; 96-1144, eff. 12-31-12.)
(715 ILCS 10/2) (from Ch. 100, par. 10.1)
Sec. 2. When any legal notice is required by law to be
published in any newspaper, such notice shall include the
printing of such notice in the total circulation of each
edition on the date of publication of the newspaper in which
the notice is published; and the newspaper publishing the
notice shall, at no additional cost to government, cause the
notice to be placed on the statewide website established and

HB0811 - 8 - LRB102 14122 LNS 19474 b
maintained as a joint venture of the majority of Illinois
newspapers as a repository for such notices. All notices
required for publication by this Act shall remain legal and
valid for all purposes when any error that occurs pursuant to
the requirements of this Section in the requirement for
placement of the notice on the statewide website is the fault
of the printer.
(Source: P.A. 100-72, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.