HB 1008-26_ Filed 01/30/2006, 08:00 Orentlicher


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1008 be amended to read as follows:

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