07 AM 38
0026
ADOPTED
Senators
Murphy of the 27th, Pearson of the 51st and Williams of the 19th offered the
following amendment:
Amend
SB 154 (LC 0277ER) by striking lines 2 through 4 of page 1 and inserting in
their place the following:
general provisions applicable only to municipal corporations, so as to provide definitions; to provide that municipal corporations and newly incorporated municipalities shall provide certain notice to solid waste collection firms prior to displacing such firms from providing services to the municipal corporations and newly incorporated municipalities; to provide
general provisions applicable only to municipal corporations, so as to provide definitions; to provide that municipal corporations and newly incorporated municipalities shall provide certain notice to solid waste collection firms prior to displacing such firms from providing services to the municipal corporations and newly incorporated municipalities; to provide
By
striking from line 13 on page 1 through line 9 of page 2 and inserting in their
place the following:
(1)
'Agreement' shall mean any subscription agreement or franchise agreement for
solid waste collection services.
(2)
'Displacement' or 'displace' shall mean any action by a municipality or a
governing entity responsible for providing solid waste collection which
prohibits or has the effect of prohibiting a firm from providing all or a
portion of the collections services for solid waste or recovered materials or
both which the firm is providing at the time of final approval of the action
which would result in the displacement of the firm, with the exception of an
action taken by a municipality, a governing entity responsible for solid waste
collection, or a private entity subject to a subscription agreement displacing
a firm subsequent to material breach of the service agreement by such
firm.
(3)
'Displacement territory' shall mean the territory for which a firm is providing
solid waste collection services at the time of displacement.
(4)
'Firm' shall mean a private solid waste collection firm.
(5)
'Franchise agreement' shall mean the right and privilege to provide solid waste
collection services granted to a firm by a governing entity responsible for
providing solid waste collection in the displacement territory.
(6)
'Local Act' shall mean a local Act passed by the General Assembly granting an
original charter creating a municipal corporation pursuant to Chapter 31 of this
title.
(7)
'Municipal corporation' or 'municipality' shall mean:
(A)
A municipal corporation pursuant to Article 4 of Chapter 36 of this title;
or
(B)
A municipal corporation newly incorporated pursuant to Chapter 31 of this
title.
(8)
'Resolution' shall mean a resolution required pursuant to Article 4 of Chapter
36 of this title as a condition to a municipal corporation annexing any
territory.
(9)
'Referendum' shall mean a referendum required ratifying a resolution pursuant to
Article 4 of Chapter 36 of this title.