(220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
Sec. 9. Mailing procedure.
(1) As used in this Section:
(a) "Enclosure" means a card, leaflet, envelope or
combination thereof furnished by the corporation under this Section.
(b) "Mailing" means any communication by a State
agency, other than a mailing made under the Senior Citizens and Disabled Persons Property Tax Relief Act, that is sent through the United States Postal Service to more than 50,000 persons within a 12-month period.
(c) "State agency" means any officer, department,
board, commission, institution or entity of the executive or legislative branches of State government.
(2) To accomplish its powers and duties under Section 5 this Act, the corporation, subject to the following limitations, may prepare and furnish to any State agency an enclosure to be included with a mailing by that agency.
(a) A State agency furnished with an enclosure shall
include the enclosure within the mailing designated by the corporation.
(b) An enclosure furnished by the corporation under
this Section shall be provided to the State agency a reasonable period of time in advance of the mailing.
(c) An enclosure furnished by the corporation under
this Section shall be limited to informing the reader of the purpose, nature and activities of the corporation as set forth in this Act and informing the reader that it may become a member in the corporation, maintain membership in the corporation and contribute money to the corporation directly.
(d) Prior to furnishing an enclosure to the State
agency, the corporation shall seek and obtain approval of the content of the enclosure from the Illinois Commerce Commission. The Commission shall approve the enclosure if it determines that the enclosure (i) is not false or misleading and (ii) satisfies the requirements of this Act. The Commission shall be deemed to have approved the enclosure unless it disapproves the enclosure within 14 days from the date of receipt.
(3) The corporation shall reimburse each State agency for all reasonable incremental costs incurred by the State agency in complying with this Section above the agency's normal mailing and handling costs, provided that:
(a) The State agency shall first furnish the
corporation with an itemized accounting of such additional cost; and
(b) The corporation shall not be required to
reimburse the State agency for postage costs if the weight of the corporation's enclosure does not exceed .35 ounce avoirdupois. If the corporation's enclosure exceeds that weight, then it shall only be required to reimburse the State agency for postage cost over and above what the agency's postage cost would have been had the enclosure weighed only .35 ounce avoirdupois.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
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Last modified: February 18, 2015