Illinois General Assembly - Full Text of Public Act 095-0856
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Public Act 095-0856


 

Public Act 0856 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0856
 
SB2297 Enrolled LRB095 19075 RCE 45266 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 11-19-1 as follows:
 
    (65 ILCS 5/11-19-1)  (from Ch. 24, par. 11-19-1)
    Sec. 11-19-1. Contracts.
    (a) Any city, village or incorporated town may make
contracts with any other city, village, or incorporated town or
with any person, corporation, or county, or any agency created
by intergovernmental agreement, for more than one year and not
exceeding 30 years relating to the collection and final
disposition, or relating solely to either the collection or
final disposition of garbage, refuse and ashes. A municipality
may contract with private industry to operate a designated
facility for the disposal, treatment or recycling of solid
waste, and may enter into contracts with private firms or local
governments for the delivery of waste to such facility. In
regard to a contract involving a garbage, refuse, or garbage
and refuse incineration facility, the 30 year contract
limitation imposed by this Section shall be computed so that
the 30 years shall not begin to run until the date on which the
facility actually begins accepting garbage or refuse. The
payments required in regard to any contract entered into under
this Division 19 shall not be regarded as indebtedness of the
city, village, or incorporated town, as the case may be, for
the purpose of any debt limitation imposed by any law.
    (b) If a municipality with a population of less than
1,000,000 has never awarded a franchise to a private entity for
the collection of waste from non-residential locations, then
that municipality may not award such a franchise without first:
(i) holding at least one public hearing seeking comment on the
advisability of awarding such a franchise; (ii) providing at
least 30 days' written notice of the hearing, delivered by
first class mail to all private entities that provide
non-residential waste collection services within the
municipality that the municipality is able to identify through
its records; and (iii) providing public notice of the hearing.
At the public hearing, the municipality must disclose and
discuss the proposed franchise fee or calculation formula of
such franchise fee that it will receive under the proposed
franchise.
    (c) If a municipality with a population of less than
1,000,000 has never awarded a franchise to a private entity for
the collection of waste from non-residential locations, then a
private entity may not begin providing waste collection
services to non-residential locations under a franchise
agreement with that municipality at any time before the date
that is 15 months after the date the ordinance or resolution
approving the award of the franchise is adopted.
    (d) For purposes of this Section, "waste" means garbage,
refuse, or ashes as defined in Section 11-19-2.
    (e) A home rule unit may not award a franchise to a private
entity for the collection of waste in a manner contrary to the
provisions of this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(Source: P.A. 86-1023; 86-1025; 86-1039; 86-1475.)
 
    Section 99. Effective date. This Act takes effect October
1, 2008.

Effective Date: 10/1/2008