Bill Text: IL HB4531 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Notice By Publication Act. Provides that whenever a governmental unit 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 web page. 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: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4531 Detail]

Download: Illinois-2013-HB4531-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4531 Introduced , by Rep. Joe Sosnowski 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 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 web page. 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.
LRB098 14741 HEP 51011 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4531 LRB098 14741 HEP 51011 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 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.
(b) The governmental unit, 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 governmental unit's official Internet website
shall prominently display a link to the notice web page
containing a list of all current legal notices of the unit with
links to the full text of those notices. The web page shall
also contain a search function and other features that improve
public accessibility to legal notices.

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(d) Whenever an individual is unable to access an
electronic publication of a legal notice, the issuing
governmental unit 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, place the notice 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 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. 96-1144, eff. 12-31-12.)
(715 ILCS 5/5) (from Ch. 100, par. 5)

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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
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

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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 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

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(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
(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

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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 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

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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, place the
notice 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 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.

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(Source: P.A. 96-1144, eff. 12-31-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.