SB 473-8_ Filed 04/11/2011, 11:14 Reske


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 473 be amended to read as follows:

SOURCE: Page 4, line 9; (11)MO047311.4. -->     Page 4, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 8-15.5-4-1.5; (11)MO047311.4. -->     "SECTION 4. IC 8-15.5-4-1.5, AS ADDED BY P.L.85-2010, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. (a) The authority may not issue a request for proposals for a toll road project under this article unless the authority has received a preliminary feasibility study and an economic impact study for the project from the department, prepared in the same manner as required by IC 8-15.7-4-1.
    (b) The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:
        (1) Economic impacts on existing commercial and industrial development.
        (2) Potential impacts on employment.
        (3) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.
        (4) Fiscal impacts on revenues to local units of government.
        (5) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.
The authority shall post a copy of the economic impact study on the authority's Internet web site and shall also provide copies of the study to the governor and the legislative council (in an electronic format under IC 5-14-6).
    (c) After completion of the economic impact study, the authority

must conduct a public hearing on the results of the study in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:
        (1) post notice of the public hearing on the authority's Internet web site;
        (2) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and
        (3) include in the notices under subdivisions (1) and (2):
            (A) the date, time, and place of the hearing;
            (B) the subject matter of the hearing;
            (C) a description of the purpose of the economic impact study;
            (D) a description of the proposed project and its location; and
            (E) a statement concerning the availability of the study on the authority's Internet web site.
At the hearing, the authority shall allow the public to be heard on the economic impact study and the proposed project.
     (d) The governor shall attend each public hearing conducted under this section.

SOURCE: IC 8-15.5-4-9; (11)MO047311.5. -->     SECTION 5. IC 8-15.5-4-9, AS AMENDED BY P.L.85-2010, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) If the authority makes a preliminary selection of an operator under section 8 of this chapter, the authority shall schedule a public hearing on the preliminary selection and the terms of the public-private agreement for the project. The hearing shall be conducted in the county seat of the county in which the proposed project is to be located.
    (b) At least ten (10) days before the public hearing, the authority shall post on its Internet web site:
        (1) the proposal submitted by the offeror that has been preliminarily selected as the operator for the project, except for those parts of the proposal that are confidential under this article; and
        (2) the proposed public-private agreement for the project.
    (c) At least ten (10) days before the public hearing, the authority shall:
        (1) post notice of the public hearing on the authority's Internet web site; and
        (2) publish notice of the hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county in which the proposed project is to be located.
    (d) The notices required by subsection (c) 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 this chapter, the following are available on the authority's Internet web site and are also available for public inspection and copying at the principal office of the authority during regular business hours:
            (A) The selected offer.
            (B) An explanation of the basis upon which the preliminary selection was made.
            (C) The proposed public-private agreement for the project.
    (e) At the hearing, the authority shall allow the public to be heard on the preliminary selection of the operator for the proposed project and the terms of the public-private agreement for the proposed project.
     (f) The governor shall attend each public hearing conducted under this section.".

SOURCE: Page 8, line 42; (11)MO047311.8. -->     Page 8, after line 42, begin a new line blocked left and insert:
" The governor shall attend each public hearing conducted under this subsection.".
    Page 12, between lines 26 and 27, begin a new paragraph and insert:
    " (n) The governor shall attend each public hearing conducted under this section.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 473 as printed April 8, 2011.)

________________________________________

Representative Reske


MO047311/DI 103     2011