SB 473-51_ Filed 04/11/2011, 11:30 Dembowski


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    WITHDRAWN        Noes _______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)MO047375.4. -->     Page 4, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 8-15.5-5-2; (11)MO047375.5. -->     "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 the following:
            (A) For the original term of a public-private agreement entered into before July 1, 2011,
seventy-five (75) years.
             (B) For the term, including all extensions, of a public-private agreement entered into after June 30, 2011, fifty (50) 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.".

SOURCE: Page 14, line 14; (11)MO047375.14. -->     Page 14, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 8-15.7-13-1; (11)MO047375.14. -->     "SECTION 14. IC 8-15.7-13-1, AS ADDED BY P.L.47-2006, SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. The term of a public-private agreement, including all extensions, may not exceed the following:
        (1) For a public-private agreement entered into before July 1, 2011,
seventy-five (75) years.
         (2) For a public-private agreement entered into after June 30, 2011, fifty (50) years.
For purposes of measuring the term, the term begins on the date on which operations of a part of the qualifying project by the operator commences.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 473 as printed April 8, 2011.)

________________________________________

Representative Dembowski


MO047375/DI 51     2011