HB 1008-23_ Filed 03/01/2006, 10:14 Tallian

SENATE MOTION


MADAM PRESIDENT:

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

SOURCE: Page 29, line 26; (06)MO100864.29. -->     Page 29, line 26, delete "." and insert " at least three (3) times in each county affected by the toll road project. Separate notices shall be published in a county under this section:
        (1) at least thirty (30) days before the date the proposals are to be received;
        (2) at least fifteen (15) days before the date the proposals are to be received; and
        (3) at least seven (7) days before the date the proposals are to be received.
".
    Page 30, delete lines 19 through 37, begin a new paragraph and insert:
    " Sec. 9. (a) If the authority makes a preliminary selection of an operator under section 8 of this chapter, the authority shall schedule public hearings on the preliminary selection in at least the cities listed in subsection (d). The authority shall publish notice of the hearings at least three (3) times in the following counties:
        (1) In each county in which a hearing is to be held.
        (2) In each county affected by the toll road project.
    (b) Separate notices shall be published under subsection (a) in accordance with IC 5-3-1:
        (1) at least thirty (30) days before a hearing;
        (2) at least fifteen (15) days before a hearing; and
        (3) at least seven (7) days before a hearing.
    (c) The notice for each hearing published under this section must include the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A description of the related toll road project and of the public-private agreement to be awarded.
        (4) The identity of the offeror that has been preliminarily

selected as the operator for the project.
        (5) The address and telephone number of the authority.
        (6) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under IC 5-14-3, the selected offer and an explanation of the basis upon which the preliminary selection was made are available for public inspection and copying at the principal office of the authority during regular business hours.
".
    (d) Public hearings must be held under this section in at least the following cities, which the general assembly finds may be affected by the public-private agreement or the use of money derived from the public-private contract:
        (1) South Bend.
        (2) Gary or Merrillville.
        (3) Fort Wayne.
        (4) Washington.
        (5) Bloomington.
        (6) Evansville.
        (7) Jeffersonville.
    (e) At the beginning of each hearing, a representative of the authority must make a presentation that is understandable by the average individual and that explains all the facts and information related to the proposed public-private agreement and the options the state authority has if there is a default in any of the terms of the proposed public-private agreement.
".
    Page 31, line 16, delete "," and insert " in each county affected by the toll road project not more than ten (10) days after the designation,".
    Page 31, line 19, after "project," insert " the governor shall submit the designation to the general assembly for approval at a special session called specifically for the purpose of considering the terms and conditions of the public-private agreement. If the general assembly approves the public-private agreement by bill as provided in Article 4, Section 1 of the Constitution of the State of Indiana,".
    (Reference is to EHB 1008 as printed February 24, 2006.)

________________________________________

Senator TALLIAN


MO100864/DI 75     2006