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Indiana General Assembly
House Bill 1008


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House Bill 1008

ARCHIVE (2006)

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DIGEST OF HB 1008 (Updated March 14, 2006 11:48 pm - DI 44)

Public-private agreements for transportation. Amends the current laws concerning toll roads and tollways and adds new provisions to authorize: (1) the Indiana finance authority (IFA) to enter into public-private agreements (agreements) with private entities (operators) concerning toll road projects; and (2) the Indiana department of transportation (INDOT) to enter into agreements with operators concerning tollway projects, roads, and bridges. Provides that the IFA may not enter into an agreement after August 1, 2006, if the agreement would authorize the imposition of tolls unless a statute authorizing the imposition of tolls is enacted. Provides that INDOT may not enter into an agreement concerning a project other than I-69. Prohibits the IFA, INDOT, or an operator from: (1) carrying out construction for I-69 in certain townships; (2) imposing tolls on a highway between Martinsville and Indianapolis; or (3) establishing a tollway (except on part of I-69); unless a statute authorizing that construction, tolling, or tollway is enacted. Provides that an agreement may be for any combination of the planning, acquisition, construction, improvement, extension, operation, repair, maintenance, and financing of projects. Provides that an agreement is subject to the approval of the governor after review by the budget committee. Establishes procedures for selection of operators by the IFA and INDOT. Permits the establishment of user fees and tolls under an agreement, including maximum tolls and user fees and criteria for the adjustment of those maximums. Provides that, with the approval of the budget director after review by the budget committee, an agreement may include a moral obligation of the state to pay certain costs incurred as a result of default by the state under the agreement. Provides that an agreement may include provisions concerning electronic toll collection systems and photo or video based toll collection enforcement systems. Authorizes the IFA to adopt emergency rules concerning user fees under an agreement and enforcement procedures and assessments for failure to pay required tolls, including electronic and photo or video based collection enforcement. Establishes a process to withdraw state employees from the public employees' retirement fund (PERF) and to allow certain state employees to retire when the employees' particular departmental, occupational, or other classifications are terminated from state employment as a result of: (1) a lease or other transfer of state property to a nongovernmental entity; or (2) a contractual arrangement with a nongovernmental entity to perform certain state functions. Establishes the funding sources for the amounts that the state is required to contribute to PERF for the purchase of up to 24 months of creditable service needed by a terminated employee who elects normal or early retirement. Deletes the requirement for certain payments to the northwest Indiana regional development authority (RDA) from toll road revenues or the state general fund. Provides that property leased or acquired by an operator for a public-private project is exempt from property taxes. Provides that an operator's income from an agreement is subject to taxation in the same manner as income received by other private entities. Provides that revenues from an agreement entered into with respect to a toll road shall be deposited in the toll road fund and used to: (1) retire certain outstanding bonds; (2) pay amounts owed by the IFA with respect to the agreement; and (3) distribute $500,000,000 to the next generation trust fund. Provides that the remaining money in the toll road fund is to be distributed to the major moves construction fund. Establishes the major moves construction fund and provides for distributions from that fund for various purposes. Permits the budget agency, after budget committee review, to augment distributions from the major moves construction fund to INDOT. Provides that the total amount of distributions from the major moves construction fund for projects or purposes that benefit counties traversed by the Indiana toll road may not be less than 34% of the money transferred to the major moves construction fund from the toll road fund plus money held in escrow for certain toll reductions. Provides that the budget agency is responsible for determining the amount necessary to comply with the 34% requirement. Establishes the next generation trust fund and provides for distributions of interest on the fund to the major moves construction fund at 5 year intervals beginning in 2011. Provides for the distribution of revenues from an agreement entered into with respect to a tollway to the major moves construction fund, to the state highway fund, to INDOT for use on other projects designated by INDOT, or to the operator, the IFA, or INDOT for debt reduction. Prohibits the operator under an agreement or a person having at least a 1% interest in the operator from making political contributions to state, local, or legislative candidates or certain political committees. Provides that INDOT may not convert a state highway to a toll road or a tollway unless the general assembly adopts a statute approving the conversion. Allocates $2,000,000 from the special employment and training services fund for certain pre- apprenticeship and apprenticeship programs related to the construction trades. Eliminates an allocation for certain training and counseling assistance programs provided by state educational institutions. Permits LaPorte County council to join the RDA if the county council and the city council of Michigan City adopt ordinances before September 15, 2006, providing that they are joining the RDA. Requires LaPorte County and Michigan City to make annual payments to the RDA. Provides that LaPorte County and Michigan City may use all or a part of their distributions from the major moves construction fund to pay their required contributions to the NIRDA. Permits Laporte County to use economic development income tax (EDIT) revenue to pay the county's contributions to the RDA provides that revenue from any increase in the county's EDIT rate must be used for that purpose. Makes technical corrections and conforming amendments.
Current Status:
 Law Enacted
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