SB 473-10_ 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    WITHDRAWN        Noes _______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)MO047313.4. -->     Page 4, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 8-15.5-5-2; (11)MO047313.5. -->     "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 seventy-five (75) 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 properly maintained.
        (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

ordinances.
        (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.
         (11) For a public-private agreement entered into after July 1, 2011, provisions requiring the operator to purchase, install, and maintain at the operator's expense signage that:
            (A) is located:
                (i) one-quarter (1/4) of a mile before; and
                (ii) one-quarter (1/4) of a mile after;
            at each location at which the operator collects tolls, user fees, or other charges through manual or nonmanual methods; and
            (B) states that the road was designated a toll road by the governor and not by the general assembly.
".

SOURCE: Page 13, line 7; (11)MO047313.13. -->     Page 13, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 8-15.7-5-1.5; (11)MO047313.12. -->     "SECTION 12. IC 8-15.7-5-1.5, AS ADDED BY P.L.85-2010, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. In addition to the other requirements of this article, a public-private agreement entered into under this article must include the following:
        (1) A requirement for the completion of all environmental analyses of the project required by state and federal law in the manner and at the times required by the appropriate state and federal agencies.
        (2) A requirement for ownership by the department in the name of the state of Indiana of:
            (A) all the real property on which the project is located; and
            (B) all of the improvements on that real property.
        (3) An expedited method for resolving disputes between or among the department, the parties to the public-private agreement, and affected jurisdictions, as required by IC 8-15.7-12-2.
         (4) For a public-private agreement entered into after July 1, 2011, provisions requiring the operator to purchase, install, and maintain at the operator's expense signage that:
            (A) is located:
                (i) one-quarter (1/4) of a mile before; and
                (ii) one-quarter (1/4) of a mile after;
            at each location at which the operator collects tolls, user fees, or other charges through manual or nonmanual methods; and
            (B) states that the road was designated a tollway by the governor and not by the general assembly.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 473 as printed April 8, 2011.)

________________________________________

Representative Reske


MO047313/DI 103     2011