SOURCE: Page 25, line 32; (06)MO100827.25. -->
Page 25, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 8-15-4; (06)MO100827.32. -->
"SECTION 32. IC 8-15-4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 4. Bipartisan Public-Private Partnership Review
Commission
Sec. 1. As used in this chapter, "agreement" refers to the
following:
(1) A public-private partnership agreement (as defined in
IC 8-15.5-2-8).
(2) A public-private partnership agreement (as defined in
IC 8-15.7-2-14).
Sec. 2. As used in this chapter, "commission" refers to the
bipartisan public-private partnership review commission.
Sec. 3. As used in this chapter, "authority" refers to the Indiana
finance authority established by IC 4-4-11-4.
Sec. 4. As used in this chapter, "operator" refers to the
following:
(1) An operator (as defined in IC 8-15.5-2-5).
(2) An operator (as defined in IC 8-15.7-2-10).
Sec. 5. The bipartisan public-private partnership review
commission is established.
Sec. 6. The commission consists of eight (8) members appointed
by the governor.
Sec. 7. None of the members may be members of the general
assembly.
Sec. 8. Not more than four (4) members of the commission may
be members of the same political party.
Sec. 9. (a) This section applies to the appointment of the four (4)
members of the commission who are not members of the same
political party as the governor.
(b) Two (2) of the members appointed under this section shall be
appointed from a list of six (6) names submitted to the governor by
the leader of the party opposite the governor.
(c) Two (2) of the members appointed under this section shall be
appointed from a list of six (6) names submitted to the governor by
the leader of the party opposite the governor.
Sec. 10. Subject to this section, the term of a member of the
commission is four (4) years.
(b) Four (4) of the initial members of the commission selected by
the governor shall serve an abbreviated term. Not more than one
(1) of the members appointed under section 9(b) of this chapter and
one (1) of the members appointed under section 9(c) of this chapter
may be selected for an abbreviated term under this section. The
term of an initial member serving an abbreviated term under this
section expires on June 30, 2008.
(c) The term of an initial member not serving an abbreviated
term under this section expires June 30, 2010.
Sec. 11. The governor shall fill a vacancy on the commission for
the remainder of the vacating member's term in the same manner
as vacating member was appointed.
Sec. 12. The governor shall appoint the chairperson of the
commission. The member appointed as chairperson serves as the
chairperson at the pleasure of the governor.
Sec. 13. The expenses of the commission shall be paid by the
authority.
Sec. 14. Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
Sec. 14. Each member of the commission who is a state employee
is entitled to reimbursement for traveling expenses as provided
under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 15. The affirmative votes of a majority of the voting
members appointed to the commission are required for the
commission to take action on any measure, including final reports.
Sec. 16. A meeting of the commission may be called by the
chairperson, the governor, or three (3) members of the commission
in a writing submitted to the chairperson.
Sec. 17. The commission shall review proposed public-private
agreements with proposed operators as provided under IC 8-15.5
and IC 8-15.7.".
SOURCE: Page 30, line 18; (06)MO100827.30. -->
Page 30, line 18, after "governor" insert "
, the bipartisan
public-private partnership review commission,".
Page 30, between lines 19 and 20, begin a new paragraph and insert:
"
(b) Upon receipt of the determination under subsection (a), the
bipartisan public-private partnership review commission shall
evaluate the proposed project, the proposed public-private
agreement, and the proposed operator. The authority and all state
agencies shall cooperate with the bipartisan public-private
partnership review commission and provide the bipartisan
public-private partnership review commission with the information
that the designation review commission determines is necessary to
carry out the analysis. The analysis must cover financial and all
other benefits and costs of the proposed public-private agreement
with the proposed operator. The bipartisan public-private
partnership review commission shall submit the designation review
committee's findings and recommendations to the general assembly
in an electronic format under IC 5-14-6, the governor, and the
members of the budget committee. The recommendation must be
accompanied by sufficient supporting documentation to permit a
reader to identify the bipartisan public-private partnership review
commission's assumptions and verify the accuracy and
completeness of the bipartisan public-private partnership review
commission's analysis.".
Page 30, line 20, delete "(b) After" and insert "
(c) If the designation
review committee submits a recommendation that the authority
enter into the proposed public-private partnership with the
proposed operator and after".
Page 30, line 28, delete "(c)" and insert "
(d)".
Page 52, line 10, after "governor" insert "
, the bipartisan
public-private partnership review commission,".
Page 52, between lines 11 and 12, begin a new paragraph and insert:
"
(b) Upon receipt of the determination under subsection (a), the
bipartisan public-private partnership review commission shall
evaluate the proposed project, the proposed public-private
agreement, and the proposed operator. The authority and all state
agencies shall cooperate with the bipartisan public-private
partnership review commission and provide the bipartisan
public-private partnership review commission with the information
that the designation review commission determines is necessary to
carry out the analysis. The analysis must cover financial and all
other benefits and costs of the proposed public-private agreement
with the proposed operator. The bipartisan public-private
partnership review commission shall submit the designation review
committee's findings and recommendations to the general assembly
in an electronic format under IC 5-14-6, the governor, and the
members of the budget committee. The recommendation must be
accompanied by sufficient supporting documentation to permit a
reader to identify the bipartisan public-private partnership review
commission's assumptions and verify the accuracy and
completeness of the bipartisan public-private partnership review
commission's analysis.".
Page 52, line 12, delete "(b) After" and insert " (c) If the bipartisan
public-private partnership review commission submits a
recommendation that the authority enter into the proposed
public-private partnership with the proposed operator and after".
Page 52, line 19, delete "(c)" and insert " (d)".
Page 52, line 22, delete "(d)" and insert " (e)".
Page 52, line 26, delete "(b)." and insert " (c).".
Renumber all SECTIONS consecutively.
(Reference is to HB 1008 as printed January 26, 2006.)
________________________________________
Representative Orentlicher
MO100827/DI 69 2006