093_HB2873ham002

 










                                     LRB093 09370 BDD 14181 a

 1                    AMENDMENT TO HOUSE BILL 2873

 2        AMENDMENT NO.     .  Amend House Bill 2873  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Township  Code is amended by changing
 5    Section 85-13 as follows:

 6        (60 ILCS 1/85-13)
 7        Sec. 85-13.  Township services, generally.
 8        (a)  The township board may either expend funds  directly
 9    or  may enter into any cooperative agreement or contract with
10    any other governmental  entity,  not-for-profit  corporation,
11    non-profit  community  service association, or any for-profit
12    business entity as provided in subsection (b) with respect to
13    the expenditure of township funds, or funds made available to
14    the  township  under  the  federal  State  and  Local  Fiscal
15    Assistance Act of 1972,  to  provide  any  of  the  following
16    services to the residents of the township:
17             (1)  Ordinary    and   necessary   maintenance   and
18        operating expenses for the following:
19                  (A)  Public safety (including law  enforcement,
20             fire protection, and building code enforcement).
21                  (B)  Environmental protection (including sewage
22             disposal, sanitation, and pollution abatement).
 
                            -2-      LRB093 09370 BDD 14181 a
 1                  (C)  Public  transportation  (including transit
 2             systems,  paratransit  systems,  and   streets   and
 3             roads).
 4                  (D)  Health.
 5                  (E)  Recreation.
 6                  (F)  Libraries.
 7                  (G)  Social services for the poor and aged.
 8             (2)  Ordinary  and  necessary  capital  expenditures
 9        authorized by law.
10             (3)  Development    and   retention   of   business,
11        industrial, manufacturing, and tourist facilities  within
12        the township.
13        (b)  To  be  eligible  to receive funds from the township
14    under this Section, a private not-for-profit  corporation  or
15    community service association shall have been in existence at
16    least one year before receiving the funds. The township board
17    may, however, for the purpose of providing day care services,
18    contract  with  day  care facilities licensed under the Child
19    Care Act of 1969, regardless of whether  the  facilities  are
20    organized on a for-profit or not-for-profit basis.
21        (c)  Township   governments   that   directly  expend  or
22    contract  for  day  care  shall  use  the  standard  of  need
23    established by the Department of Children and Family Services
24    in determining recipients of subsidized day  care  and  shall
25    use  the rate schedule used by the Department of Children and
26    Family Services for the purchase of subsidized day care.
27        (d)  Township  governments  that   directly   expend   or
28    contract  for  senior  citizen  services  may  contract  with
29    for-profit     (or    not-for-profit)    and    non-sectarian
30    organizations as provided in Sections 220-15 and 220-35.
31        (e)  Those township supervisors or other elected township
32    officials who are also members of a county  board  shall  not
33    vote  on  questions  before  the township board or the county
34    board that relate to  agreements  or  contracts  between  the
 
                            -3-      LRB093 09370 BDD 14181 a
 1    township  and  the county under this Section or agreements or
 2    contracts between  the  township  and  the  county  that  are
 3    otherwise authorized by law.
 4        (f)  Notwithstanding   Article   210  of  this  Code,  in
 5    townships with a population exceeding 75,000 according to the
 6    most recent federal decennial census, the township board  may
 7    enter  into contracts with private firms or local governments
 8    for the collection and the recycling, treatment, and disposal
 9    of garbage, refuse, and ashes in a  facility  designated  for
10    the recycling, treatment, collection, and disposal.
11        As used in the subsection:
12             (1)  "Garbage"   means  wastes  resulting  from  the
13        handling, preparation, cooking, and consumption  of  food
14        and  wastes  from  the  handling,  storage,  and  sale of
15        produce.
16             (2)  "Refuse"   means:   (i)   combustible    trash,
17        including  but  not  limited  to,  paper, cartons, boxes,
18        barrels, wood, excelsior, tree branches, yard  trimmings,
19        wood  furniture, and bedding; (ii) non combustible trash,
20        including but not limited to,  metals,  tin  cans,  metal
21        furniture,  dirt,  small quantities of rock and pieces of
22        concrete, glass, crockery, and other mineral waste; (iii)
23        street rubbish, including  but  not  limited  to,  street
24        sweepings,  dirt,  leaves, catch-basin dirt, and contents
25        of litter receptacles. "Refuse" does not  mean,  however,
26        earth and wastes from building operations or solid wastes
27        resulting   from  industrial  process  and  manufacturing
28        operations such as food processing  wastes,  boiler-house
29        cinders, lumber, or scraps and shavings.
30             (3)  "Ashes"  means  residue  from  fires  used  for
31        cooking and for heating buildings.
32        The  township board may enter into direct agreements with
33    for-profit corporations or other business entities  to  carry
34    out   recycling  programs  in  unincorporated  areas  of  the
 
                            -4-      LRB093 09370 BDD 14181 a
 1    township.
 2        The township board  may  by  ordinance  adopt  rules  and
 3    regulations  relating to recycling programs in unincorporated
 4    areas of the  township  that  it  from  time  to  time  deems
 5    necessary  and  may provide penalties for violations of those
 6    rules and regulations.
 7        (g)  For  purposes  of  alleviating  high   unemployment,
 8    economically  depressed  conditions,  and  lack of moderately
 9    priced housing, the trustees of a township that includes  all
10    or  a  portion  of  a  city that is a "financially distressed
11    city" under the Financially Distressed City Law may  contract
12    with  one  or more not-for-profit or for-profit organizations
13    to  construct  and  operate  within  the  boundaries  of  the
14    township a factory designed to manufacture housing or housing
15    components.  The  contract  may  provide  for   the   private
16    organization   or   organizations   to  manage  some  or  all
17    operations of the factory and may provide for (i) payment  of
18    employee  compensation  and  taxes;  (ii)  discharge of other
19    legal  responsibilities;  (iii)  sale   of   products;   (iv)
20    disposition  of  the  factory, equipment, and other property;
21    and (v) any other  matters  the  township  trustees  consider
22    reasonable.
23    (Source: P.A.   86-475;  86-580;  86-1028;  86-1194;  87-708;
24    87-810; 87-895; 87-999; 88-62.)".