SB 473-66_ Filed 04/11/2011, 11:30 Austin
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WITHDRAWN Noes _______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 1, line 1; (11)MO047350.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 8-15-2-1; (11)MO047350.1. -->
"SECTION 1. IC 8-15-2-1, AS AMENDED BY P.L.1-2007,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) In order to remove the handicaps and
hazards on the congested highways in Indiana, to facilitate vehicular
traffic throughout the state, to promote the agricultural and industrial
development of the state, and to provide for the general welfare by the
construction of modern express highways embodying safety devices,
including center division, ample shoulder widths, long sight distances,
multiple lanes in each direction, and grade separations at intersections
with other highways and railroads, the authority may:
(1) subject to subsection (d), construct, reconstruct, maintain,
repair, and operate toll road projects at such locations as shall be
approved by the governor;
(2) in accordance with such alignment and design standards as
shall be approved by the authority and subject to IC 8-9.5-8-10,
issue toll road revenue bonds of the state payable solely from
funds pledged for their payment, as authorized by this chapter, to
pay the cost of such projects;
(3) finance, develop, construct, reconstruct, improve, or maintain
improvements for manufacturing, commercial, or public
transportation activities within a county through which a toll road
passes;
(4) in cooperation with the Indiana department of transportation
or a political subdivision, construct, reconstruct, or finance the
construction or reconstruction of an arterial highway or an arterial
street that is located within a county through which a toll road
passes and that:
(A) interchanges with a toll road project; or
(B) intersects with a road or a street that interchanges with a
toll road project;
(5) finance improvements necessary for developing transportation
corridors in northwestern Indiana; and
(6) exercise these powers in participation with any governmental
entity or with any individual, partnership, limited liability
company, or corporation.
(b) Notwithstanding subsection (a), the authority shall not construct,
maintain, operate, nor contract for the construction, maintenance, or
operation of transient lodging facilities on, or adjacent to, such toll road
projects.
(c) This chapter:
(1) applies to the authority only when acting for the purposes set
forth in this chapter; and
(2) does not apply to the authority when acting under any other
statute for any other purpose.
(d) Notwithstanding any other law, neither the authority nor an
operator selected under IC 8-15.5 may carry out any of the following
activities under this chapter unless the general assembly enacts a
statute authorizing that activity: (1) Carrying out construction for
Interstate Highway 69 in a township having a population of more than
seventy-five thousand (75,000) and less than ninety-three thousand five
hundred (93,500) (2) Imposing tolls on motor vehicles for use of the
part of an interstate highway that connects a consolidated city and a
city having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty (11,740).
unless the general assembly enacts a statute authorizing the
activity.".
SOURCE: Page 2, line 10; (11)MO047350.2. -->
Page 2, delete lines 10 through 42, begin a new paragraph and
insert:
SOURCE: IC 8-15-3-9; (11)MO047350.3. -->
"SECTION 3. IC 8-15-3-9, AS AMENDED BY P.L.85-2010,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 9. (a) Subject to subsection (e), the governor must
approve the location of any tollway.
(b) The department may, in any combination, plan, design, develop,
construct, reconstruct, maintain, repair, police, finance, and operate
tollways, public improvements, and arterial streets and roads at those
locations that the governor approves.
(c) The department may, in any combination, plan, design, develop,
construct, reconstruct, improve, finance, operate, repair, or maintain
public improvements such as roads and streets, sewer lines, water lines,
and other utilities if these improvements are:
(1) adjacent or appurtenant to a tollway; or
(2) necessary or desirable for the financing, construction,
operation, or maintenance of a tollway.
(d) The department may, in any combination, plan, design, develop,
construct, reconstruct, improve, maintain, repair, operate, or finance
the construction or reconstruction of an arterial highway or an arterial
street that:
(1) is adjacent to, appurtenant to, or interchanges with a tollway;
or
(2) intersects with a road or street that interchanges with a
tollway.
(e) Notwithstanding any other law, the governor, the department, or
an operator may not carry out any of the following activities under this
chapter unless the general assembly enacts a statute authorizing that
activity:
(1) Approve the location of a tollway, other than:
(A) Interstate Highway 69 between Interstate Highway 64 and
a city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740);
(B) the Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an
interstate highway in Illinois; or
(C) a project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the state
of Indiana with the commonwealth of Kentucky.
(2) Carry out construction for Interstate Highway 69 in a township
having a population of more than seventy-five thousand (75,000)
and less than ninety-three thousand five hundred (93,500)
(3) Impose tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740). unless the general assembly enacts a statute
authorizing the activity.
SOURCE: IC 8-15.5-1-2; (11)MO047350.4. -->
SECTION 4. IC 8-15.5-1-2, AS AMENDED BY P.L.85-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. (a) This article contains full and complete
authority for public-private agreements between the authority and a
private entity. Except as provided in this article, no law, procedure,
proceeding, publication, notice, consent, approval, order, or act by the
authority or any other officer, department, agency, or instrumentality
of the state or any political subdivision is required for the authority to
enter into a public-private agreement with a private entity under this
article, or for a toll road project that is the subject of a public-private
agreement to be constructed, acquired, maintained, repaired, operated,
financed, transferred, or conveyed.
(b) This subsection does not apply to a project for the construction
of the Illiana Expressway, a limited access facility connecting Interstate
Highway 65 in northwestern Indiana with an interstate highway in
Illinois, or a project that is located within a metropolitan planning area
(as defined by 23 U.S.C. 134) and that connects the state of Indiana
with the commonwealth of Kentucky. Notwithstanding any other law,
after August 1, 2006, neither the authority nor the department may:
(1) issue a request for proposals for; or
(2) enter into;
a public-private agreement under this article that would authorize an
operator to impose tolls for the operation of motor vehicles on all or
part of a project, unless the general assembly adopts a statute
authorizing the imposition of tolls.
(c) Notwithstanding any other law, neither the authority nor an
operator may carry out any of the following activities under this article
unless the general assembly enacts a statute authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500)
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740). unless the general assembly enacts a statute
authorizing the activity.".
Delete page 3.
SOURCE: Page 4, line 1; (11)MO047350.4. -->
Page 4, delete lines 1 through 9.
Page 5, delete lines 34 through 42, begin a new paragraph and
insert:
SOURCE: IC 8-15.7-1-5; (11)MO047350.7. -->
"SECTION 7. IC 8-15.7-1-5, AS AMENDED BY P.L.85-2010,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. (a) This article contains full and complete
authority for agreements and leases with private entities to carry out the
activities described in this article. Except as provided in this article, no
procedure, proceeding, publication, notice, consent, approval, order, or
act by the authority, the department, or any other state or local agency
or official is required to enter into an agreement or lease, and no law to
the contrary affects, limits, or diminishes the authority for agreements
and leases with private entities, except as provided by this article.
(b) Notwithstanding any other law, the department, the authority, or
an operator may not carry out
any of the following activities under this
article unless the general assembly enacts a statute authorizing that
activity:
(1) Issuing a request for proposals for, or entering into, a
public-private agreement concerning a project other than:
(A) Interstate Highway 69 between Interstate Highway 465
and Interstate Highway 64;
(B) the Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an
interstate highway in Illinois; or
(C) a project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the state
of Indiana with the commonwealth of Kentucky.
(2) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500)
(3) Imposing user fees on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740). unless the general assembly enacts a statute
authorizing the activity.
(c) Notwithstanding subsection (b) or any other law, the department
or the authority may enter into a public-private agreement concerning
a project consisting of a passenger or freight railroad system described
in IC 8-15.7-2-14(a)(4). Such an agreement is subject to review and
appropriation by the general assembly. However, this subsection does
not prohibit the department from:
(1) conducting preliminary studies that the department considers
necessary to determine the feasibility of such a project; or
(2) issuing a request for qualifications or a request for proposals,
or both, under IC 8-15.7-4 for such a project.".
SOURCE: Page 6, line 1; (11)MO047350.6. -->
Page 6, delete lines 1 through 34.
Page 14, delete lines 15 through 42, begin a new paragraph and
insert:
SOURCE: IC 8-23-7-22; (11)MO047350.13. -->
"SECTION 13. IC 8-23-7-22, AS AMENDED BY P.L.85-2010,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 22. (a) Subject to subsection (b), the department
may, after issuing an order and receiving the governor's approval,
determine that a state highway should become a tollway. After the
order becomes effective, the department shall maintain and operate the
tollway and levy and collect tolls as provided in IC 8-15-3 or enter into
a public-private agreement with an operator with respect to the tollway
under IC 8-15.7. Before issuing an order under this section, the
department shall submit to the governor a plan to bring the tollway to
the current design standards of the department for new state highways
within a specified period. The specified period may not exceed five (5)
years.
(b) Notwithstanding any other law, the governor, the department, or
an operator may not carry out any of the following activities under this
section unless the general assembly enacts a statute authorizing that
activity:
(1) Determine that a highway, other than:
(A) Interstate Highway 69 between Interstate Highway 64 and
a city having a population of more than eleven thousand five
hundred (11,500) but less than eleven thousand seven hundred
forty (11,740);
(B) the Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an
interstate highway in Illinois; or
(C) a project that is located within a metropolitan planning
area (as defined by 23 U.S.C. 134) and that connects the state
of Indiana with the commonwealth of Kentucky.
should become a tollway.
(2) Carry out construction for Interstate Highway 69 in a township
having a population of more than seventy-five thousand (75,000)
and less than ninety-three thousand five hundred (93,500)
(3) Impose tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740). unless the general assembly enacts a statute
authorizing the activity.
SOURCE: IC 8-23-7-23; (11)MO047350.14. -->
SECTION 14. IC 8-23-7-23, AS AMENDED BY P.L.47-2006,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 23. (a) Subject to subsection (c), the department
may, after issuing an order and receiving the governor's approval,
determine that a state highway should become a toll road. An order
under this section does not become effective unless the authority adopts
a resolution to accept the designated state highway, or part of the
highway, as a toll road project under the conditions contained in the
order. An order issued by the department under this section must set
forth the conditions upon which the transfer of the state highway, or
part of the highway, to the authority must occur, including the
following:
(1) The consideration, if any, to be paid by the authority to the
department.
(2) A requirement that the authority:
(A) enter into a contract or lease with the department with
respect to the toll road project under IC 8-9.5-8-7 or
IC 8-9.5-8-8; or
(B) enter into a public-private agreement with an operator with
respect to the toll road under IC 8-15.5.
(b) To complete a transfer under this section, the department must,
with the governor's approval, execute a certificate describing the real
and personal property constituting or to be transferred with the state
highway that is to become a toll road project. Upon delivery of the
certificate to the authority, the real and personal property described in
the certificate is under the jurisdiction and control of the authority.
(c) Notwithstanding any other law, neither the authority nor an
operator may carry out any of the following activities under this section
unless the general assembly enacts a statute authorizing that activity:
(1) Carrying out construction for Interstate Highway 69 in a
township having a population of more than seventy-five thousand
(75,000) and less than ninety-three thousand five hundred
(93,500)
(2) Imposing tolls on motor vehicles for use of the part of an
interstate highway that connects a consolidated city and a city
having a population of more than eleven thousand five hundred
(11,500) but less than eleven thousand seven hundred forty
(11,740). unless the general assembly enacts a statute
authorizing the activity.".
SOURCE: Page 15, line 1; (11)MO047350.15. -->
Page 15, delete lines 1 through 10.
Renumber all SECTIONS consecutively.
(Reference is to ESB 473 as printed April 8, 2011.)
________________________________________
MO047350/DI 103 2011