SB 473-2_ Filed 04/07/2011, 10:22

Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

7

                                                        NO:
5

MR. SPEAKER:

    Your Committee on       Roads and Transportation     , to which was referred       Senate Bill 473     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 2, line 10; (11)CR047301.2. -->     Page 2, delete lines 10 through 42, begin a new paragraph and insert:
SOURCE: IC 8-15-3-9; (11)CR047301.2. -->     "SECTION 2. 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) (1) 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) (2) 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).

SOURCE: IC 8-15.5-1-2; (11)CR047301.3. -->     SECTION 3. 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) (b) 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).".
    Delete page 3.

SOURCE: Page 4, line 1; (11)CR047301.4. -->     Page 4, delete lines 1 through 10.
    Page 4, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 8-15.5-6-2; (11)CR047301.5. -->     "SECTION 5. IC 8-15.5-6-2, AS AMENDED BY P.L.85-2010, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) Unless otherwise provided by federal law or

this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a toll road project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.
    (b) IC 5-16-7 concerning the common construction wage applies to the following:
        (1) The
operator or any contractor or subcontractor of the operator engaged in 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.
         (2) The operator or any contractor or subcontractor of the operator engaged in the construction of a project that is the subject of a public-private agreement entered into after June 30, 2011.".

SOURCE: Page 5, line 14; (11)CR047301.5. -->     Page 5, delete lines 14 through 42, begin a new paragraph and insert:
SOURCE: IC 8-15.7-1-5; (11)CR047301.7. -->     "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) (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).
        (3) (2) 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).
    (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)CR047301.6. -->     Page 6, delete lines 1 through 15.
    Page 12, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 8-15.7-6-2; (11)CR047301.11. -->     "SECTION 11. IC 8-15.7-6-2, AS AMENDED BY P.L.85-2010, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) Unless otherwise provided by federal law or this section, the operator or any contractor or subcontractor of the operator engaged in the construction of a project is not required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.
    (b) IC 5-16-7 concerning the common construction wage applies to

the following:
        (1) The
operator or any contractor or subcontractor of the operator engaged in 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.
         (2) The operator or any contractor or subcontractor of the operator engaged in the construction of a project that is the subject of a public-private agreement entered into after June 30, 2011.".

SOURCE: Page 13, line 17; (11)CR047301.13. -->     Page 13, delete lines 17 through 42, begin a new paragraph and insert:
SOURCE: IC 8-23-7-22; (11)CR047301.13. -->     "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) (1) 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) (2) 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).".

SOURCE: Page 14, line 1; (11)CR047301.14. -->     Page 14, delete lines 1 through 12.
    Page 14, delete lines 29 through 42, begin a new paragraph and insert:
    " (b) Upon receiving notice, as described in IC 9-21-3.5-10(c), of the failure of an owner of a vehicle to pay a fine, charge, or other assessment for a toll violation documented under IC 9-21-3.5-12, the bureau shall withhold the annual registration of the vehicle that was used in the commission of the toll violation until the owner pays the fine, charge, or other assessment, plus any applicable fees, to:
        (1) the bureau; or
        (2) the appropriate authority under IC 9-21-3.5 that is responsible for the collection of fines, charges, or other assessments for toll violations under IC 9-21-3.5.
If the owner pays the fine, charge, or assessment, plus any applicable fees, to the bureau as described in subdivision (1), the bureau shall remit the appropriate amount to the appropriate authority under IC 9-21-3.5 that is responsible for the collection of fines, charges, assessments, or fees for toll violations under IC 9-21-3.5.
".

    Page 15, delete lines 1 through 3.
    Page 15, line 9, delete "." and insert " or user fee.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 473 as printed February 18, 2011.)

and when so amended that said bill do pass.

__________________________________

Representative Soliday


CR047301/DI 96    2011