Illinois General Assembly - Full Text of HB0342
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Full Text of HB0342  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/29/2021, by Rep. Mark Batinick


65 ILCS 5/11-19-5  from Ch. 24, par. 11-19-5
65 ILCS 5/11-19-5.5 new
65 ILCS 5/11-19-7  from Ch. 24, par. 11-19-7

    Amends the Disposal of Refuse, Garbage and Ashes Division of the Illinois Municipal Code. Provides that a municipality may not enter into a contract or franchise under the Division exclusively with one provider of disposal services or provide for an exclusive method or methods for the disposition of garbage, refuse, or ashes if the exclusive method or methods may displace competition with respect to the disposition of garbage, refuse, and ashes from commercial location customers or may have an anti-competitive effect. Limits home rule powers. Makes conforming changes.

LRB102 04379 AWJ 14397 b






HB0342LRB102 04379 AWJ 14397 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-19-5 and 11-19-7 and by adding Section
611-19-5.5 as follows:
7    (65 ILCS 5/11-19-5)  (from Ch. 24, par. 11-19-5)
8    Sec. 11-19-5. Every city, village or incorporated town may
9provide such method or methods as shall be approved by the
10corporate authorities for the disposition of garbage, refuse
11and ashes. Any municipality may provide by ordinance that such
12method or methods shall be the exclusive method or methods for
13the disposition of garbage, refuse and ashes to be allowed
14within that municipality unless the exclusive method or
15methods may displace competition with respect to the
16disposition of garbage, refuse, and ashes from commercial
17location customers or . Such ordinance may be enacted
18notwithstanding the fact that competition may be displaced or
19that such ordinance may have an anti-competitive effect. Such
20methods may include, but need not be limited to land fill,
21feeding of garbage to hogs, incineration, reduction to
22fertilizer, or otherwise. Salvage and fertilizer or other
23matter or things of value may be sold and the proceeds used for



HB0342- 2 -LRB102 04379 AWJ 14397 b

1the operation of the system. Material that is intended or
2collected to be recycled is not garbage, refuse or ashes. A
3municipality with a population of less than 1,000,000 shall
4not provide by ordinance for any methods that award a
5franchise for the collection or final disposition of general
6construction or demolition debris, except as allowed under
7Section 11-19-1.
8(Source: P.A. 100-316, eff. 1-1-18.)
9    (65 ILCS 5/11-19-5.5 new)
10    Sec. 11-19-5.5. Exclusive contract or franchise.
11Notwithstanding any other provision of law, a municipality may
12not enter into a contract or franchise under this Division
13exclusively with one provider of disposal services or provide
14for an exclusive method or methods for the disposition of
15garbage, refuse, or ashes if the exclusive method or methods
16may displace competition with respect to the disposition of
17garbage, refuse, and ashes from commercial location customers
18or may have an anti-competitive effect.
19    A home rule municipality may not enter into contracts or
20franchises in a manner inconsistent with this Section. This
21Section is a limitation under subsection (i) of Section 6 of
22Article VII of the Illinois Constitution on the concurrent
23exercise by home rule units of powers and functions exercised
24by the State.



HB0342- 3 -LRB102 04379 AWJ 14397 b

1    (65 ILCS 5/11-19-7)  (from Ch. 24, par. 11-19-7)
2    Sec. 11-19-7. When the corporate authorities of 2 or more
3cities, villages, or incorporated towns each declare by
4ordinance that it is in the best interests of such cities,
5villages, or incorporated towns to join with each other or
6with any one or more than one county in the collection and
7disposal or solely in the collection or solely in the disposal
8of garbage, refuse and ashes, they shall cause a contract to be
9prepared which shall set forth: (a) Whether the cities,
10villages or incorporated towns shall participate in a joint
11garbage department to be operated as an inter-municipal
12function; or whether the cities, villages or incorporated
13towns shall enter into a contract or contracts with a private
14party or parties for the collection and disposal of garbage,
15refuse and ashes; (b) The financial responsibilities and
16contributions of the respective cities, villages and
17incorporated towns and counties; (c) The personnel
18responsibilities and contributions of the respective cities,
19villages and incorporated towns and counties; (d) Whether the
20financing shall be by service charges to be collected from
21persons, firms, and corporations receiving service, by tax
22levies, or both; (e) The term of the contract which shall be
23not less than one year nor more than 30 years: Provided, such
24contract may be modified from time to time as conditions may
25warrant, may be extended for periods not exceeding 30 years,
26may be opened to admit additional cities, villages,



HB0342- 4 -LRB102 04379 AWJ 14397 b

1incorporated towns or counties and may be changed to permit
2the withdrawal of any participant on such conditions as shall
3be agreed to by all of the participants; (f) If the contracting
4parties so desire, an undertaking that they will provide by
5ordinance, license, contract or other means that the methods
6of disposal employed within any municipality with more than
7130,000 but less than 2,000,000 population, or within any
8municipality which is a signatory to a plan providing for the
9management of solid waste generated by more than one
10municipality or county, shall be the exclusive methods of
11disposal to be allowed within their respective jurisdictions,
12unless the exclusive methods may displace competition with
13respect to the disposition of garbage, refuse, and ashes from
14commercial location customers or notwithstanding the fact that
15competition may be displaced or that such ordinance or
16agreement may have an anti-competitive effect; and (g) Such
17other provisions as shall be deemed necessary to effectuate a
18workable system of collection and disposal or solely of
19collection or solely of disposal of garbage, refuse, and
21    The corporate authorities of any city, village, or
22incorporated town and the governing body of any county
23entering into any such joint exercise of powers shall appoint
24a committee of no more than 3 of its own members to make
25continuing studies of the operations of such joint exercise of
26powers. This committee shall also meet as necessary with the



HB0342- 5 -LRB102 04379 AWJ 14397 b

1committees appointed by the other contracting parties and all
2of such committees shall together constitute a joint committee
3on garbage and refuse disposal. Such joint committee shall
4make recommendations necessary for the improvement of the
5garbage, refuse and ashes collection and disposal services or
6collection service or disposal service alone as the case may
7be, and shall prepare such rules and regulations as it may from
8time to time deem necessary. The corporate authorities may
9adopt such rules and regulations by ordinance and may provide
10penalties for the violation thereof. The committee chosen by
11each of the contracting parties shall have a single vote in all
12activities of the joint committee.
13(Source: P.A. 84-963.)