SB 473-3_ Filed 04/11/2011, 11:12 Reske
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 473 be amended to read as follows:
SOURCE: Page 4, line 30; (11)MO047303.4. -->
Page 4, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 8-15.5-5-2; (11)MO047303.5. -->
"SECTION 5. IC 8-15.5-5-2, AS AMENDED BY P.L.85-2010,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. A public-private agreement entered into under
this article must provide for the following:
(1) The original term of the public-private agreement, which may
not exceed the following:
(A) For a public-private agreement entered into before
July 1, 2011,
seventy-five (75) years.
(B) For a public-private agreement entered into after June
30, 2011, twenty-five (25) years.
(2) Provisions for a:
(A) lease, franchise, or license of the toll road project and the
real property owned by the authority upon which the toll road
project is located or is to be located; or
(B) management agreement or other contract to operate the toll
road project and the real property owned by the authority upon
which the toll road project is located or is to be located;
for a predetermined period. The public-private agreement must
provide for ownership of all improvements and real property by
the authority in the name of the state.
(3) Monitoring of the operator's maintenance practices by the
authority and the taking of actions by the authority that it
considers appropriate to ensure that the toll road project is
(4) The basis upon which user fees that may be collected by the
operator, as determined under this article, are established.
(5) Compliance with applicable state and federal laws and local
(6) Grounds for termination of the public-private agreement by
the authority or the operator.
(7) The date of termination of the operator's authority and duties
under this article.
(8) Procedures for amendment of the agreement.
(9) Provisions requiring the completion of all environmental
analyses of the toll road project required by state and federal law
in the manner and at the times required by the appropriate state
and federal agencies.
(10) An expedited method for resolving disputes between or
among the authority, the parties to the public-private agreement,
and units of local government that contain any part of the toll road
project, as required by IC 8-15.5-10-8.".
SOURCE: Page 14, line 14; (11)MO047303.14. -->
Page 14, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 8-15.7-13-1; (11)MO047303.14. -->
"SECTION 14. IC 8-15.7-13-1, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. The term of a public-private agreement,
including all extensions, may not exceed seventy-five (75) years. The
original term of a public-private agreement entered into after June
30, 2011, may not exceed twenty-five (25) years.
For purposes of
measuring the term, the term begins on the date on which operations of
a part of the qualifying project by the operator commences.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 473 as printed April 8, 2011.)
MO047303/DI 103 2011