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Public Act 096-0059 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Notice By Publication Act is amended by | ||||
changing Section 5 and by adding Section 11 as follows:
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(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. | ||||
Unless otherwise
expressly provided in the contract, the term | ||||
"newspaper" means a newspaper
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(a) which consists of not less than 4 pages of printed | ||||
matter and
contains at least 100 130 square inches of printed | ||||
matter per page; and
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(b) which is printed through the use of one of the | ||||
conventional and
generally recognized printing processes such | ||||
as letterpress, lithography or
gravure; and
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(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
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(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
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(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
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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.
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(Source: Laws 1959, p. 1494.)
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(715 ILCS 5/11 new) | ||
Sec. 11. Applicability. Any notice published prior to the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly and in compliance with the provisions of this | ||
amendatory Act shall be legal and valid for all purposes. | ||
Section 10. The Newspaper Legal Notice Act is amended by | ||
changing Section 1 and by adding Section 3 as follows:
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(715 ILCS 10/1) (from Ch. 100, par. 10)
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Sec. 1.
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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
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(a) which consists of not less than 4 pages of printed | ||
matter and
contains at least 100 130 square inches of printed | ||
matter per page; and
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(b) which is printed through the use of one of the | ||
conventional and
generally recognized printing processes such |
as letterpress, lithography or
gravure; and
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(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
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(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
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(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
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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.
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(Source: Laws 1959, p. 1496.)
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(715 ILCS 10/3 new) | ||
Sec. 3. Applicability. Any notice published prior to the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly and in compliance with the provisions of this | ||
amendatory Act shall be legal and valid for all purposes.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |