Full Text of SB2297 95th General Assembly
SB2297sam002 95TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 4/11/2008
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LRB095 19075 RLJ 49458 a |
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| AMENDMENT TO SENATE BILL 2297
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| AMENDMENT NO. ______. Amend Senate Bill 2297, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Municipal Code is amended by | 6 |
| 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. | 9 |
| (a) Any city, village or incorporated town may make | 10 |
| contracts
with any other city, village, or incorporated town or | 11 |
| with any person,
corporation, or county, or any agency created | 12 |
| by intergovernmental
agreement, for more than one year and not | 13 |
| exceeding 30 years
relating to the collection and final | 14 |
| disposition, or relating solely to
either the collection or | 15 |
| final disposition of garbage, refuse and ashes.
A municipality | 16 |
| may contract with private industry to operate a
designated |
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LRB095 19075 RLJ 49458 a |
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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 | 3 |
| governments for the delivery of waste to such facility.
In | 4 |
| regard to a contract involving a garbage, refuse, or garbage | 5 |
| and refuse
incineration facility, the 30 year contract | 6 |
| limitation imposed by this
Section shall be computed so that | 7 |
| the 30 years shall not begin to run until
the date on which the | 8 |
| facility actually begins accepting garbage or refuse.
The | 9 |
| 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 | 11 |
| city,
village, or incorporated town, as the case may be, for | 12 |
| the purpose of any
debt limitation imposed by any law. | 13 |
| (b) If a municipality with a population of less than | 14 |
| 1,000,000 has never awarded a franchise to a private entity for | 15 |
| the collection of waste from non-residential locations, then | 16 |
| that municipality may not award such a franchise without first: | 17 |
| (i) holding at least one public hearing seeking comment on the | 18 |
| advisability of awarding such a franchise; (ii) providing at | 19 |
| least 30 days' written notice of the hearing, delivered by | 20 |
| first class mail to all private entities that provide | 21 |
| non-residential waste collection services within the | 22 |
| municipality that the municipality is able to identify through | 23 |
| its records; and (iii) providing public notice of the hearing. | 24 |
| At the public hearing, the municipality must disclose and | 25 |
| discuss the proposed franchise fee or calculation formula of | 26 |
| such franchise fee that it will receive under the proposed |
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LRB095 19075 RLJ 49458 a |
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| franchise. | 2 |
| (c) If a municipality with a population of less than | 3 |
| 1,000,000 has never awarded a franchise to a private entity for | 4 |
| the collection of waste from non-residential locations, then a | 5 |
| private entity may not begin providing waste collection | 6 |
| services to non-residential locations under a franchise | 7 |
| agreement with that municipality at any time before the date | 8 |
| that is 15 months after the date the ordinance or resolution | 9 |
| approving the award of the franchise is adopted. | 10 |
| (d) For purposes of this Section, "waste" means garbage, | 11 |
| refuse, or ashes as defined in Section 11-19-2. | 12 |
| (e) A home rule unit may not award a franchise to a private | 13 |
| entity for the collection of waste in a manner contrary to the | 14 |
| provisions of this Section. This Section is a limitation under | 15 |
| subsection (i) of Section 6 of Article VII of the Illinois | 16 |
| Constitution on the concurrent exercise by home rule units of | 17 |
| powers and functions exercised by the State.
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| (Source: P.A. 86-1023; 86-1025; 86-1039; 86-1475.)
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| Section 99. Effective date. This Act takes effect October | 20 |
| 1, 2008.".
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