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SB0029 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0029
Introduced 1/13/2025, by Sen. Cristina Castro
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.
LRB104 03021 LNS 13039 b
A BILL FOR
SB0029
LRB104 03021 LNS 13039 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
SB0029
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LRB104 03021 LNS 13039 b
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
SB0029
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LRB104 03021 LNS 13039 b
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
SB0029
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LRB104 03021 LNS 13039 b
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
SB0029
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LRB104 03021 LNS 13039 b
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
SB0029
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LRB104 03021 LNS 13039 b
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
SB0029
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LRB104 03021 LNS 13039 b
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
.)
SB0029
- 8 -
LRB104 03021 LNS 13039 b
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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