Full Text of SB3692 96th General Assembly
SB3692enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 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.
A municipality | 15 |
| may contract with private industry to operate a
designated | 16 |
| facility for the disposal, treatment or recycling of solid
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| waste, and may enter into contracts with private firms or
local | 18 |
| governments for the delivery of waste to such facility.
In | 19 |
| regard to a contract involving a garbage, refuse, or garbage | 20 |
| and refuse
incineration facility, the 30 year contract | 21 |
| limitation imposed by this
Section shall be computed so that | 22 |
| the 30 years shall not begin to run until
the date on which the | 23 |
| facility actually begins accepting garbage or refuse.
The |
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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 | 3 |
| city,
village, or incorporated town, as the case may be, for | 4 |
| the purpose of any
debt limitation imposed by any law. | 5 |
| (b) If a municipality with a population of less than | 6 |
| 1,000,000 has never awarded a franchise to a private entity for | 7 |
| the collection of waste from non-residential locations, then | 8 |
| that municipality may not award such a franchise without | 9 |
| issuing a request for proposal. The municipality may not issue | 10 |
| a request for proposal without first: (i) holding at least one | 11 |
| public hearing seeking comment on the advisability of issuing a | 12 |
| request for proposal and awarding such a franchise; (ii) | 13 |
| providing at least 30 days' written notice of the hearing, | 14 |
| delivered by first class mail to all private entities that | 15 |
| provide non-residential waste collection services within the | 16 |
| municipality that the municipality is able to identify through | 17 |
| its records; and (iii) providing at least 30 days' public | 18 |
| notice of the hearing. | 19 |
| After issuing a request for proposal, the municipality may | 20 |
| not award a franchise without first: (i) allowing at least 30 | 21 |
| days for proposals to be submitted to the municipality; (ii) | 22 |
| holding at least one public hearing after the receipt of | 23 |
| proposals on whether to award a franchise to a proposed | 24 |
| franchisee; and (iii) providing at least 30 days' public notice | 25 |
| of the hearing. At the public hearing, the municipality must | 26 |
| disclose and discuss the proposed franchise fee or calculation |
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| formula of such franchise fee that it will receive under the | 2 |
| proposed franchise. | 3 |
| (b-5) If no request for proposal is issued within 120 days | 4 |
| after the initial public hearing required in subsection (b), | 5 |
| then the municipality must hold another hearing as outlined in | 6 |
| subsection (b). | 7 |
| (b-10) If a municipality has not awarded a franchise within | 8 |
| 210 days after the date that a request for proposal is issued | 9 |
| pursuant to subsection (b), then the municipality must adhere | 10 |
| to all of the requirements set forth in subsections (b) and | 11 |
| (b-5). | 12 |
| (b-15) The franchise fee and any other fees, taxes, or | 13 |
| charges imposed by the municipality in connection with a | 14 |
| franchise for the collection of waste from non-residential | 15 |
| locations must be used exclusively for costs associated with | 16 |
| administering the franchise program. | 17 |
| (c) If a municipality with a population of less than | 18 |
| 1,000,000 has never awarded a franchise to a private entity for | 19 |
| the collection of waste from non-residential locations, then a | 20 |
| private entity may not begin providing waste collection | 21 |
| services to non-residential locations under a franchise | 22 |
| agreement with that municipality at any time before the date | 23 |
| that is 15 months after the date the ordinance or resolution | 24 |
| approving the award of the franchise is adopted. | 25 |
| (d) For purposes of this Section, "waste" means garbage, | 26 |
| 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 | 2 |
| entity for the collection of waste in a manner contrary to the | 3 |
| provisions of this Section. This Section is a limitation under | 4 |
| subsection (i) of Section 6 of Article VII of the Illinois | 5 |
| Constitution on the concurrent exercise by home rule units of | 6 |
| powers and functions exercised by the State.
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| (Source: P.A. 95-856, eff. 10-1-08.)
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| Section 90. The State Mandates Act is amended by adding | 9 |
| Section 8.34 as follows: | 10 |
| (30 ILCS 805/8.34 new) | 11 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 12 |
| of this Act, no reimbursement by the State is required for the | 13 |
| implementation of any mandate created by this amendatory Act of | 14 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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