Full Text of SB3539 97th General Assembly
SB3539 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3539 Introduced 2/8/2012, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-19-1 | from Ch. 24, par. 11-19-1 |
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Amends the Illinois Municipal Code. Provides that contracts entered into by any city, village, or incorporated town relating to the collection and final disposition of garbage, refuse, and ashes shall not include material that is intended to be recycled, except in the case of residential curbside recycling.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-19-1 as follows:
| 6 | | (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
| 7 | | Sec. 11-19-1. Contracts.
| 8 | | (a) Any city, village or incorporated town may make | 9 | | contracts
with any other city, village, or incorporated town or | 10 | | with any person,
corporation, or county, or any agency created | 11 | | by intergovernmental
agreement, for more than one year and not | 12 | | exceeding 30 years
relating to the collection and final | 13 | | disposition, or relating solely to
either the collection or | 14 | | final disposition of garbage, refuse and ashes , other than | 15 | | material that is intended or collected to be recycled, except | 16 | | for residential curbside recycling .
A municipality may | 17 | | contract with private industry to operate a
designated facility | 18 | | for the disposal, treatment or recycling of solid
waste, and | 19 | | may enter into contracts with private firms or
local | 20 | | governments for the delivery of waste to such facility.
In | 21 | | regard to a contract involving a garbage, refuse, or garbage | 22 | | and refuse
incineration facility, the 30 year contract | 23 | | limitation imposed by this
Section shall be computed so that |
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| 1 | | the 30 years shall not begin to run until
the date on which the | 2 | | facility actually begins accepting garbage or refuse.
The | 3 | | payments required in regard to any contract entered into under
| 4 | | this Division 19 shall not be regarded as indebtedness of the | 5 | | city,
village, or incorporated town, as the case may be, for | 6 | | the purpose of any
debt limitation imposed by any law. | 7 | | (b) If a municipality with a population of less than | 8 | | 1,000,000 has never awarded a franchise to a private entity for | 9 | | the collection of waste from non-residential locations, then | 10 | | that municipality may not award such a franchise without | 11 | | issuing a request for proposal. The municipality may not issue | 12 | | a request for proposal without first: (i) holding at least one | 13 | | public hearing seeking comment on the advisability of issuing a | 14 | | request for proposal and awarding a franchise; (ii) providing | 15 | | at least 30 days' written notice of the hearing, delivered by | 16 | | first class mail to all private entities that provide | 17 | | non-residential waste collection services within the | 18 | | municipality that the municipality is able to identify through | 19 | | its records; and (iii) providing at least 30 days' public | 20 | | notice of the hearing. | 21 | | After issuing a request for proposal, the municipality may | 22 | | not award a franchise without first: (i) allowing at least 30 | 23 | | days for proposals to be submitted to the municipality; (ii) | 24 | | holding at least one public hearing after the receipt of | 25 | | proposals on whether to award a franchise to a proposed | 26 | | franchisee; and (iii) providing at least 30 days' public notice |
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| 1 | | of the hearing. At the public hearing, the municipality must | 2 | | disclose and discuss the proposed franchise fee or calculation | 3 | | formula of such franchise fee that it will receive under the | 4 | | proposed franchise. | 5 | | (b-5) If no request for proposal is issued within 120 days | 6 | | after the initial public hearing required in subsection (b), | 7 | | then the municipality must hold another hearing as outlined in | 8 | | subsection (b). | 9 | | (b-10) If a municipality has not awarded a franchise within | 10 | | 210 days after the date that a request for proposal is issued | 11 | | pursuant to subsection (b), then the municipality must adhere | 12 | | to all of the requirements set forth in subsections (b) and | 13 | | (b-5). | 14 | | (b-15) The franchise fee and any other fees, taxes, or | 15 | | charges imposed by the municipality in connection with a | 16 | | franchise for the collection of waste from non-residential | 17 | | locations must be used exclusively for costs associated with | 18 | | administering the franchise program. | 19 | | (c) If a municipality with a population of less than | 20 | | 1,000,000 has never awarded a franchise to a private entity for | 21 | | the collection of waste from non-residential locations, then a | 22 | | private entity may not begin providing waste collection | 23 | | services to non-residential locations under a franchise | 24 | | agreement with that municipality at any time before the date | 25 | | that is 15 months after the date the ordinance or resolution | 26 | | approving the award of the franchise is adopted. |
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| 1 | | (d) For purposes of this Section, "waste" means garbage, | 2 | | refuse, or ashes as defined in Section 11-19-2. | 3 | | (e) A home rule unit may not award a franchise to a private | 4 | | entity for the collection of waste in a manner contrary to the | 5 | | provisions of this Section. This Section is a limitation under | 6 | | subsection (i) of Section 6 of Article VII of the Illinois | 7 | | Constitution on the concurrent exercise by home rule units of | 8 | | powers and functions exercised by the State.
| 9 | | (Source: P.A. 95-856, eff. 10-1-08; 96-1215, eff. 7-22-10.)
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