Bill Text: IL HB4432 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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 or may have an anti-competitive effect. Limits home rule powers. Makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4432 Detail]

Download: Illinois-2019-HB4432-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4432 Introduced , by Rep. Mark Batinick SYNOPSIS AS INTRODUCED:
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 or may have an anti-competitive effect. Limits home rule powers. Makes conforming changes.
LRB101 18434 AWJ 67882 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
HB4432 LRB101 18434 AWJ 67882 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 Sections 11-19-5 and 11-19-7 and by adding Section
11-19-5.5 as follows:
(65 ILCS 5/11-19-5) (from Ch. 24, par. 11-19-5)
Sec. 11-19-5. Every city, village or incorporated town may
provide such method or methods as shall be approved by the
corporate authorities for the disposition of garbage, refuse
and ashes. Any municipality may provide by ordinance that such
method or methods shall be the exclusive method or methods for
the disposition of garbage, refuse and ashes to be allowed
within that municipality unless the exclusive method or methods
may displace competition or . Such ordinance may be enacted
notwithstanding the fact that competition may be displaced or
that such ordinance may have an anti-competitive effect. Such
methods may include, but need not be limited to land fill,
feeding of garbage to hogs, incineration, reduction to
fertilizer, or otherwise. Salvage and fertilizer or other
matter or things of value may be sold and the proceeds used for
the operation of the system. Material that is intended or
collected to be recycled is not garbage, refuse or ashes. A

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municipality with a population of less than 1,000,000 shall not
provide by ordinance for any methods that award a franchise for
the collection or final disposition of general construction or
demolition debris, except as allowed under Section 11-19-1.
(Source: P.A. 100-316, eff. 1-1-18.)
(65 ILCS 5/11-19-5.5 new)
Sec. 11-19-5.5. Exclusive contract or franchise.
Notwithstanding any other provision of law, a municipality may
not enter into a contract or franchise under this 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 or may have an anti-competitive
effect.
A home rule municipality may not enter into contracts or
franchises in a manner inconsistent with 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.
(65 ILCS 5/11-19-7) (from Ch. 24, par. 11-19-7)
Sec. 11-19-7. When the corporate authorities of 2 or more
cities, villages, or incorporated towns each declare by
ordinance that it is in the best interests of such cities,

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villages, or incorporated towns to join with each other or with
any one or more than one county in the collection and disposal
or solely in the collection or solely in the disposal of
garbage, refuse and ashes, they shall cause a contract to be
prepared which shall set forth: (a) Whether the cities,
villages or incorporated towns shall participate in a joint
garbage department to be operated as an inter-municipal
function; or whether the cities, villages or incorporated towns
shall enter into a contract or contracts with a private party
or parties for the collection and disposal of garbage, refuse
and ashes; (b) The financial responsibilities and
contributions of the respective cities, villages and
incorporated towns and counties; (c) The personnel
responsibilities and contributions of the respective cities,
villages and incorporated towns and counties; (d) Whether the
financing shall be by service charges to be collected from
persons, firms, and corporations receiving service, by tax
levies, or both; (e) The term of the contract which shall be
not less than one year nor more than 30 years: Provided, such
contract may be modified from time to time as conditions may
warrant, may be extended for periods not exceeding 30 years,
may be opened to admit additional cities, villages,
incorporated towns or counties and may be changed to permit the
withdrawal of any participant on such conditions as shall be
agreed to by all of the participants; (f) If the contracting
parties so desire, an undertaking that they will provide by

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ordinance, license, contract or other means that the methods of
disposal employed within any municipality with more than
130,000 but less than 2,000,000 population, or within any
municipality which is a signatory to a plan providing for the
management of solid waste generated by more than one
municipality or county, shall be the exclusive methods of
disposal to be allowed within their respective jurisdictions,
unless the exclusive methods may displace competition or
notwithstanding the fact that competition may be displaced or
that such ordinance or agreement may have an anti-competitive
effect; and (g) Such other provisions as shall be deemed
necessary to effectuate a workable system of collection and
disposal or solely of collection or solely of disposal of
garbage, refuse, and ashes.
The corporate authorities of any city, village, or
incorporated town and the governing body of any county entering
into any such joint exercise of powers shall appoint a
committee of no more than 3 of its own members to make
continuing studies of the operations of such joint exercise of
powers. This committee shall also meet as necessary with the
committees appointed by the other contracting parties and all
of such committees shall together constitute a joint committee
on garbage and refuse disposal. Such joint committee shall make
recommendations necessary for the improvement of the garbage,
refuse and ashes collection and disposal services or collection
service or disposal service alone as the case may be, and shall

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prepare such rules and regulations as it may from time to time
deem necessary. The corporate authorities may adopt such rules
and regulations by ordinance and may provide penalties for the
violation thereof. The committee chosen by each of the
contracting parties shall have a single vote in all activities
of the joint committee.
(Source: P.A. 84-963.)