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| Public Act 096-1144 | ||||
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AN ACT concerning notices.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Notice By Publication Act is amended by | ||||
changing Sections 2, 3.1, 5, and 11 and by adding Section 2.1 | ||||
as follows:
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(715 ILCS 5/2) (from Ch. 100, par. 2)
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Sec. 2.
Whenever an officer of a court, unit of local | ||||
government, or school
district is required by law to give | ||||
notice by publication in a newspaper
which is published in a | ||||
particular unit of local government or school
district, he | ||||
shall, if there is no newspaper which is published in the unit
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of local government or school district, give notice by | ||||
publication in a
newspaper published in the county in which the | ||||
unit of local government or
school district is located and | ||||
having general circulation within the unit
of local government | ||||
or school district. If there is no newspaper published in the | ||||
county in which the unit of local government or school district | ||||
is located, notice by publication in a newspaper shall be given | ||||
in a secular newspaper, as defined in this Act, published in an | ||||
adjoining county having general circulation within the unit of | ||||
local government or school district.
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(Source: P.A. 78-425.)
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(715 ILCS 5/2.1 new) | ||
Sec. 2.1. Statewide website. Whenever notice by | ||
publication in a newspaper is required by law, order of court, | ||
or contract, 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.
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(715 ILCS 5/3.1) (from Ch. 100, par. 3.1)
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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.
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(Source: P.A. 83-1483.)
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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. 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
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(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
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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; and .
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(f) 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.)
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(715 ILCS 5/11) | ||
Sec. 11. Applicability. | ||
(a) 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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(b) If, after the effective date of this amendatory Act of | ||
the 96th General Assembly, there is a notice that is required | ||
by law or order of court to be published in a particular unit | ||
of local government or school district and there is no | ||
newspaper published in that unit of local government or school | ||
district, or, in the county in which the unit of local | ||
government or school district is located, the notice shall be | ||
published in a secular newspaper, as defined by this Act, that | ||
is published in an adjoining county having general circulation | ||
within the unit of local government or school district. To the | ||
extent that there is a conflict between the provisions of this | ||
amendatory Act of the 96th General Assembly and any other | ||
provision of law, the provisions added by this amendatory Act | ||
of the 96th General Assembly shall control. | ||
(Source: P.A. 96-59, eff. 7-23-09.) | ||
Section 10. The Newspaper Legal Notice Act is amended by | ||
changing Sections 1, 2, and 3 as follows:
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(715 ILCS 10/1) (from Ch. 100, par. 10)
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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
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(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
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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; and .
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(f) 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.)
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(715 ILCS 10/2) (from Ch. 100, par. 10.1)
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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. 78-673.)
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(715 ILCS 10/3) | ||
Sec. 3. Applicability. | ||
(a) 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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(b) If, after the effective date of this amendatory Act of | ||
the 96th General Assembly, there is a notice that is required | ||
by law or order of court to be published in a particular unit | ||
of local government or school district and there is no | ||
newspaper published in that unit of local government or school | ||
district, or, in the county in which the unit of local | ||
government or school district is located, the notice shall be | ||
published in a secular newspaper, as defined by this Act, that | ||
is published in an adjoining county having general circulation | ||
within the unit of local government or school district. To the | ||
extent that there is a conflict between the provisions of this | ||
amendatory Act of the 96th General Assembly and any other | ||
provision of law, the provisions added by this amendatory Act | ||
of the 96th General Assembly shall control. | ||
(Source: P.A. 96-59, eff. 7-23-09.)
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Section 99. Effective date. This Act takes effect December | ||
31, 2012.
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