Illinois General Assembly

Previous General Assemblies

Public Act 096-1215


 

Public Act 1215 96TH GENERAL ASSEMBLY



 


 
Public Act 096-1215
 
SB3692 EnrolledLRB096 14101 RLJ 28889 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
issuing a request for proposal. The municipality may not issue
a request for proposal without first: (i) holding at least one
public hearing seeking comment on the advisability of issuing a
request for proposal and 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 at least 30 days' public
notice of the hearing.
    After issuing a request for proposal, the municipality may
not award a franchise without first: (i) allowing at least 30
days for proposals to be submitted to the municipality; (ii)
holding at least one public hearing after the receipt of
proposals on whether to award a franchise to a proposed
franchisee; and (iii) providing at least 30 days' 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.
    (b-5) If no request for proposal is issued within 120 days
after the initial public hearing required in subsection (b),
then the municipality must hold another hearing as outlined in
subsection (b).
    (b-10) If a municipality has not awarded a franchise within
210 days after the date that a request for proposal is issued
pursuant to subsection (b), then the municipality must adhere
to all of the requirements set forth in subsections (b) and
(b-5).
    (b-15) The franchise fee and any other fees, taxes, or
charges imposed by the municipality in connection with a
franchise for the collection of waste from non-residential
locations must be used exclusively for costs associated with
administering the franchise program.
    (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. 95-856, eff. 10-1-08.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.34 as follows:
 
    (30 ILCS 805/8.34 new)
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 96th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/22/2010