SB 473-9_ Filed 04/11/2011, 11:16 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    WITHDRAWN        Noes _______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 30; (11)MO047312.4. -->     Page 4, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 8-15.5-5-4; (11)MO047312.6. -->     "SECTION 6. IC 8-15.5-5-4, AS ADDED BY P.L.47-2006, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The operator may finance its obligations with respect to the toll road project and the public-private agreement in the amounts and upon the terms and conditions determined by the operator.
    (b) Except as provided in subsection (d), the operator may:
        (1) issue debt, equity, or other securities or obligations;
        (2) enter into sale and leaseback transactions; and
        (3) secure any financing with a pledge of, security interest in, or lien on any user fees charged and collected for the use of the toll road project and any property interest of the operator in the toll road project.
However, any bonds, debt, other securities, or other financing issued for the purposes of this article shall not be considered to constitute a debt of the state or any political subdivision of the state or a pledge of the faith and credit of the state or any political subdivision.
    (c) The operator may deposit the user fees charged and collected for the use of the toll road project in a separate account held by a trustee or escrow agent for the benefit of the secured parties of the operator.
     (d) The operator may not finance a toll road project that is the subject of a public-private agreement entered into after June 30, 2011, with money obtained in any manner from a financial

institution that received assistance under the federal Troubled Asset Relief Program.".

SOURCE: Page 13, line 28; (11)MO047312.13. -->     Page 13, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 8-15.7-8-4; (11)MO047312.15. -->     "SECTION 15. IC 8-15.7-8-4, AS ADDED BY P.L.47-2006, SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) Except as provided in subsection (b), the financing of a qualifying project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement.
     (b) A qualifying project that is the subject of a public-private agreement entered into after June 30, 2011, may not be financed with money obtained in any manner from a financial institution that received assistance under the federal Troubled Asset Relief Program.".
SOURCE: Page 14, line 14; (11)MO047312.14. -->     Page 14, between lines 14 and 15, begin a new paragraph and insert:
    " (d) A financing arrangement entered into under this section must be in compliance with section 4(b) of this chapter.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 473 as printed April 8, 2011.)

________________________________________

Representative Reske


MO047312/DI 103     2011