95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2297


 
Introduced 2/14/2008, by Sen. James F. Clayborne, Jr.
 
SYNOPSIS AS INTRODUCED:
 		








  



65 ILCS 5/11-19-1
  from Ch. 24, par. 11-19-1







    Amends the Illinois Municipal Code. Provides that no municipality with a population of less than 1,000,000 may award a franchise to a private entity for the collection of waste from non-residential locations without first:  (i) holding at least one public hearing; (ii) providing at least 45 days' written notice of the hearing to all private entities that provide non-residential waste collection services within the municipality; and (iii) providing public notice of the hearing. Requires the municipality to provide at least 3 years' notice to all private entities then providing waste collection services to non-residential locations within the municipality before awarding a franchise to a private entity for the collection of waste from non-residential locations. Preempts home rule powers.
















LRB095 19075 RCE 45266 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2297

LRB095 19075 RCE 45266 b






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    AN ACT concerning local government.

 
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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 Illinois Municipal Code is amended  by 
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changing Section 11-19-1 as follows:
 



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    (65 ILCS 5/11-19-1)  (from Ch. 24, par. 11-19-1)



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    Sec. 11-19-1. Contracts.  
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    (a) Any city, village or incorporated town may make 
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contracts
with any other city, village, or incorporated town or 
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with any person,
corporation, or county, or any agency created 
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by intergovernmental
agreement, for more than one year and not 
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exceeding 30 years
relating to the collection and final 
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disposition, or relating solely to
either the collection or 
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final disposition of garbage, refuse and ashes.
A municipality 
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may contract with private industry to operate a
designated 
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facility for the disposal, treatment or recycling of solid

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waste, and may enter into contracts with private firms or
local 
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governments for the delivery of waste to such facility.
In 
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regard to a contract involving a garbage, refuse, or garbage 
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and refuse
incineration facility, the 30 year contract 
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limitation imposed by this
Section shall be computed so that 
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the 30 years shall not begin to run until
the date on which the 
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facility actually begins accepting garbage or refuse.
The 
 


 






SB2297
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payments required in regard to any contract entered into under

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this Division 19 shall not be regarded as indebtedness of the 
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city,
village, or incorporated town, as the case may be, for 
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the purpose of any
debt limitation imposed by any law.

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    (b)  No municipality with a population of less than 
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1,000,000 may award a franchise to a private entity for the 
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collection of waste from non-residential locations without 
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first:  (i) holding at least one public hearing seeking comment 
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on the advisability of awarding such a franchise; (ii) 
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providing at least 45 days' written notice of the hearing, 
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delivered by first class mail to all private entities that 
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provide non-residential waste collection services within the 
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municipality that the municipality is able to identify through 
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local government records; and (iii) providing public notice of 
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the hearing. 
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    (c)         Before a municipality with a population of less than 
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1,000,000 awards a franchise to a private entity for the 
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collection of waste from non-residential locations, the 
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municipality must provide at least 3 years' notice to all 
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private entities then providing waste collection services to 
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non-residential locations within the municipality. 
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    (d)         For purposes of this Section, "waste" means garbage, 
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refuse, or ashes as defined in Section 11-19-2. 
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    (e)          A home rule unit may not award a franchise to a private 
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entity for the collection of waste,  or terminate or decline to 
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issue any license, in a manner contrary to the provisions of 
 


 






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this Section; this Section is a limitation under subsection (i) 
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of Section 6 of Article VII of the Illinois Constitution on the 
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concurrent exercise by home rule units of powers and functions 
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exercised by the State. 
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(Source: P.A. 86-1023; 86-1025; 86-1039; 86-1475.)