Full Text of SB3692 96th General Assembly
SB3692 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3692
Introduced 2/11/2010, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-19-1 |
from Ch. 24, par. 11-19-1 |
30 ILCS 805/8.33 new |
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Amends the Illinois Municipal Code. Provides that 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 the municipality may not award a franchise without issuing a request for proposal. Specifies the requirements for issuing a request for proposal and awarding a franchise. Provides that the franchise fee may not exceed $25,000. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
HOME RULE NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB3692 |
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LRB096 14101 RLJ 28889 b |
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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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SB3692 |
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LRB096 14101 RLJ 28889 b |
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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 whether the advisability of | 12 |
| awarding such a franchise should be awarded ; (ii) providing at | 13 |
| least 90 30 days' written notice of the hearing, delivered by | 14 |
| first class mail to all private entities that provide | 15 |
| non-residential waste collection services within the | 16 |
| municipality that the municipality is able to identify through | 17 |
| its records; and (iii) providing public notice of the hearing ; | 18 |
| and (iv) allowing at least 45 days after the public hearing for | 19 |
| written public comments to be submitted to the municipality on | 20 |
| the question of whether a franchise should be awarded . At the | 21 |
| public hearing, the municipality must disclose and discuss the | 22 |
| proposed franchise fee or calculation formula of such franchise | 23 |
| fee that it will receive under the proposed franchise. The | 24 |
| franchise fee may not exceed $25,000. The franchise fee and any | 25 |
| other fees, taxes, or charges imposed by the municipality in | 26 |
| connection with a franchise for the collection of waste from |
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SB3692 |
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LRB096 14101 RLJ 28889 b |
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| non-residential locations must be used exclusively for costs | 2 |
| associated with administering the franchise program. | 3 |
| (b-5) A municipality may not award a franchise less than 30 | 4 |
| days after the close of the comment period required by | 5 |
| subsection (b). | 6 |
| (c) If a municipality with a population of less than | 7 |
| 1,000,000 has never awarded a franchise to a private entity for | 8 |
| the collection of waste from non-residential locations, then a | 9 |
| private entity may not begin providing waste collection | 10 |
| services to non-residential locations under a franchise | 11 |
| agreement with that municipality at any time before the date | 12 |
| that is 15 months after the date the ordinance or resolution | 13 |
| approving the award of the franchise is adopted. | 14 |
| (c-5) If a municipality has not awarded a franchise within | 15 |
| 12 months after the date of notice of the public hearing held | 16 |
| pursuant to subsection (b), then the municipality must hold | 17 |
| another public hearing and adhere to the requirements set forth | 18 |
| in subsections (b), (b-5), and (c). | 19 |
| (d) For purposes of this Section, "waste" means garbage, | 20 |
| refuse, or ashes as defined in Section 11-19-2. | 21 |
| (e) A home rule unit may not award a franchise to a private | 22 |
| entity for the collection of waste in a manner contrary to the | 23 |
| provisions of this Section. This Section is a limitation under | 24 |
| subsection (i) of Section 6 of Article VII of the Illinois | 25 |
| Constitution on the concurrent exercise by home rule units of | 26 |
| powers and functions exercised by the State.
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SB3692 |
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LRB096 14101 RLJ 28889 b |
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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 | 3 |
| Section 8.33 as follows: | 4 |
| (30 ILCS 805/8.33 new) | 5 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 6 |
| of this Act, no reimbursement by the State is required for the | 7 |
| implementation of any mandate created by this amendatory Act of | 8 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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