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HB 3405

Relating to child care.

2025 Regular Session

Clarifies that municipalities can remove motorist-placed human-waste containers from streets and public property to curb sanitation hazards.

In committee upon adjournment.
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WeVote Research Nonpartisan
Bill Summary · HB 3405

Summary — HB 3405 (MUNI CD — Remove Waste Container)

Status: Referred to Senate Assignments (received in Senate April 14, 2025; reported to Assignments May 19, 2025)
Introduced: February 26, 2025
Sponsor(s): Rep. Dave Severin (primary); co‑sponsors include Kevin Schmidt, Christopher "C.D." Davidsmeyer, Steven Reick, Martin J. Moylan, Regan Deering, Lawrence Walsh Jr., Martin McLaughlin, Anthony DeLuca, Terri Bryant (Senate chief sponsor).
Related bill: SB 1218 (companion)
Statute amended: 65 ILCS 5/11‑80‑3 (Illinois Municipal Code — Streets and Public Ways)

Purpose / Intent

HB 3405 clarifies and restates municipal authority to prevent and remove encroachments and obstructions on streets, ditches, and other municipal property, explicitly including containers placed for the purpose of containing human waste. The bill addresses improvised waste-containment devices placed on public rights‑of‑way (an issue attributed in bill materials to truckers/motorists).

Key provisions

  • Amends 65 ILCS 5/11‑80‑3 to specify that the corporate authorities of each municipality may prevent and remove from streets, ditches, and other municipal property encroachments or obstructions “including, but not limited to, containers placed by motorists in a street or ditch or on other municipal property for the purpose of containing human waste.”
  • The text retained the existing broad municipal power to remove encroachments/obstructions; this amendment adds an explicit example (human‑waste containers).

Note: an earlier version/synopsis of the bill described “truckers” placing such containers; the adopted House amendment generalizes the language to “motorists.”

Who is affected

  • Municipal governments: affirms/clarifies power to remove waste containers and similar obstructions from public streets, ditches, and municipal property.
  • Motorists / truck drivers: those who place containers or other devices on public property to contain human waste would be subject to removal of those devices.
  • General public: potential public‑health and sanitation impacts in areas where such practices occur; local enforcement activity may increase.

Procedural / timeline notes

  • Introduced in the House (Feb 2025); passed the House with recorded votes (House floor amendment adopted; recorded House passage noted).
  • Transmitted to the Senate (received April 14, 2025); referred to Senate Assignments (May 19, 2025).
  • Companion bill: SB 1218.

Implementation and impact considerations

  • The bill clarifies municipal authority but does not establish enforcement procedures, penalties, notice requirements, or disposal protocols — leaving those specifics to local ordinance or practice.
  • No fiscal analysis or funding provisions are included; costs (enforcement, removal, cleanup, storage/disposal) would likely be borne by municipalities unless local laws provide otherwise.
  • Could be used by municipalities to address public‑health, sanitation, traffic, or aesthetic concerns associated with makeshift waste containment on public rights‑of‑way.

Compiled from official sources — confirm details with the bill’s official record.

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