SB 473-48_ Filed 04/11/2011, 11:30 Pelath


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    WITHDRAWN        Noes _______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)MO047363.4. -->     Page 4, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 8-15.5-4-7; (11)MO047363.4. -->     "SECTION 4. IC 8-15.5-4-7, AS ADDED BY P.L.47-2006, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) The authority shall negotiate with one (1) or more responsible offerors who submit proposals that are determined to be reasonably capable of being selected for a public-private agreement and may seek to obtain a final offer from one (1) or more responsible offerors.
    (b) In determining whether one (1) or more responsible offerors are reasonably capable of being selected for a public-private agreement, the authority must consider all the following:
        (1) The responsible offeror's expertise, qualifications, competence, skills, and know-how to perform its obligations under the proposed public-private agreement in accordance with the public-private agreement.
        (2) The financial strength of the responsible offeror, including its capitalization.
        (3) The experience of the responsible offeror in operating toll roads and highways and other similar projects and the quality of the responsible offeror's past or present performance on other similar or equivalent projects.
        (4) The integrity, background, and reputation of the responsible offeror, including the absence of criminal, civil, or regulatory claims or actions against the responsible offeror.
    (c) The requirements set forth in subsection (b) also apply to the approval by the authority of any successor or replacement operator under the public-private agreement after the execution of the public-private agreement under section 11 of this chapter.
    (d) In making its determination under subsection (b) or (c), the authority shall consider the offeror or operator as well as any private entity that controls the actions of the offeror or operator.
     (e) A private entity may not be considered a responsible offeror if the private entity is delinquent in the payment of any of the following:
        (1) A listed tax (as defined in IC 6-8.1-1-1).
        (2) Insurance premiums tax (IC 27-1-18-2).
        (3) Property taxes.
        (4) A special assessment (as defined in IC 6-1.1-1-17).
".
SOURCE: Page 4, line 30; (11)MO047363.4. -->     Page 4, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 8-15.5-4-11.5; (11)MO047363.6. -->     "SECTION 6. IC 8-15.5-4-11.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11.5. An offeror is not eligible to be designated as an operator and enter into a public-private agreement with the authority if the offeror is delinquent in the payment of any of the following:
        (1) A listed tax (as defined in IC 6-8.1-1-1).
        (2) Insurance premiums tax (IC 27-1-18-2).
        (3) Property taxes.
        (4) A special assessment (as defined in IC 6-1.1-1-17).

Before entering into a public-private agreement with an offeror, the authority shall certify to the governor that the authority has conducted a due diligence review and determined that the offeror is not delinquent in the payment of any tax described in subdivisions (1) through (4).".
SOURCE: Page 11, line 9; (11)MO047363.11. -->     Page 11, line 9, after "proposals." insert " A private entity may not be considered a responsible offeror if the private entity is delinquent in the payment of any of the following:
        (1) A listed tax (as defined in IC 6-8.1-1-1).
        (2) Insurance premiums tax (IC 27-1-18-2).
        (3) Property taxes.
        (4) A special assessment (as defined in IC 6-1.1-1-17).
".
    Page 13, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 8-15.7-4-3.5; (11)MO047363.13. -->     "SECTION 13. IC 8-15.7-4-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.5. An offeror is not eligible to be designated as an operator and enter into a public-private agreement with the department if the offeror is delinquent in the payment of any of the following:
        (1) A listed tax (as defined in IC 6-8.1-1-1).
        (2) Insurance premiums tax (IC 27-1-18-2).
        (3) Property taxes.
        (4) A special assessment (as defined in IC 6-1.1-1-17).

Before entering into a public-private agreement with an offeror, the department shall certify to the governor that the authority has conducted a due diligence review and determined that the offeror is not delinquent in the payment of any tax described in subdivisions (1) through (4).".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 473 as printed April 8, 2011.)

________________________________________

Representative Pelath


MO047363/DI 51     2011