Reference is to Printer's Date 1/23/13-H.
Amend the bill, as and if amended, by striking all after the
enacting words and inserting:
/SECTION 1. This act may
be cited as the "Business Freedom to Choose Act".
SECTION 2. Section 44-96-80(G) of the 1976 Code is amended to read:
"(G) Counties are
strongly encouraged to pursue a regional approach to solid waste
management. Nothing in this chapter, however,
shall may be construed to require a
county to participate in a regional plan or to prohibit two or
more counties within the State which are not contiguous from
preparing, approving, and submitting a regional solid waste
management plan or one or more counties, including
industrial solid waste generators
located therein in these counties, from
contracting with an in-state solid waste disposal facility
located outside of the county or region. Not later than
eighteen months after the date of enactment of this chapter,
each county shall notify the department in writing whether it
intends to submit a single county solid waste management plan or
to participate in a regional plan."
SECTION 3. Section 44-96-80(K) of the 1976 Code is amended to read:
"(K) The
governing body of a county is authorized to enact
such ordinances as may be
necessary to carry out its responsibilities under this
chapter; provided, however, that the governing body of
a county but may not enact an ordinance
inconsistent with the state solid waste management plan, with
any a provision of this chapter, with
any other another applicable provision
of state law, or with any a regulation
promulgated by the department providing for the protection of
public health and public safety or for protection
of the environment. An ordinance that requires
disposal of waste at one or more designated solid waste
management facilities or that requires recovered materials to be
processed or recycled at one or more designated facilities is
considered inconsistent with the provisions of this
chapter."
SECTION 4. Section 44-55-1210 of the 1976 Code is amended to read:
"Section 44-55-1210.
The governing body of any a
county may by ordinance or resolution provide
that require the county shall
engage in the collection and disposal to
collect and dispose of solid waste. Such
This collection and disposal may be accomplished either
by use of county employees and equipment or by contract with
a private agencies entity or
municipalities municipality of the
county. Service charges A service
charge may be levied against persons a
person for whom a collection services
are service is provided whether such
services are this service is performed by the
county, a municipality, or a private
agency entity. To the extent that a
county ordinance requires disposal of waste at one or more
designated solid waste management facilities or requires
recovered materials to be processed or recycled at one or more
designated facilities, the ordinance is void."
SECTION 5. This act takes effect upon approval by the Governor and applies to ordinances in existence on or after the effective date of this act. An ordinance enacted prior to the effective date of this act is rendered invalid from the effective date of this act forward. Nothing in this act shall be construed to impair the contractual obligations of any county, municipality, or other political subdivision arising from, or incurred in connection with, any bonds, notes, or other evidences of indebtedness issued by such entity prior to the effective date of this act, which are secured by, and payable from, a solid waste user fee imposed by such entity. /
Renumber sections to conform.
Amend title to conform.