meaning set forth in IC 8-23-1-41.
    Sec. 5. (a) The major moves construction fund is established for the purpose of:
        (1) funding projects under IC 8-15.7 or IC 8-15-3;
        (2) funding other projects in the department's transportation plan; and
        (3) funding other highway facilities and transportation infrastructure considered appropriate by the department.
    (b) The authority shall hold, administer, and manage the fund.
    (c) Expenses of administering the fund shall be paid from money in the fund or other sources considered appropriate by the authority.
    (d) The fund consists of the following:
        (1) Distributions to the fund from the toll road fund under IC 8-15.5-11.
        (2) Payments made to the authority or the department from operators under IC 8-15.7.
        (3) Appropriations to the fund.
        (4) Gifts, grants, loans, bond proceeds, and other money received for deposit in the fund.
        (5) Revenues arising from:
            (A) a tollway under IC 8-15-3 or IC 8-23-7-22; or
            (B) a toll road under IC 8-15-2 or IC 8-23-7-23;
        that the department designates as part of, and deposits in, the fund.
        (6) Interest, premiums, or other earnings on the fund.
    (e) Money in the fund shall be deposited, paid, and secured in the manner provided by IC 4-4-11-32. Notwithstanding IC 5-13, the authority shall invest the money in the fund that is not needed to meet the obligations of the fund in the manner provided by an investment policy established by resolution of the authority.
    (f) The fund is not part of the state treasury and is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency.
    (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    Sec. 6. (a) The authority may distribute money from the fund for any of the following purposes:
        (1) The payment of any obligation incurred or amounts owed by the authority, the department, or an operator under

article is controlling as to any public-private agreement entered into under this article.
    Sec. 3. 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.
    Chapter 2. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "Authority" refers to the Indiana finance authority.
    Sec. 3. "Department" refers to the Indiana department of transportation.
    Sec. 4. "Offeror" means a private entity that has submitted a proposal for a public-private agreement under this article.
    Sec. 5. "Operator" means a private entity that has entered into a public-private agreement with the authority.
    Sec. 6. "Private entity" means any individual, sole proprietorship, corporation, limited liability company, joint venture, general partnership, limited partnership, nonprofit entity, or other private legal entity. A public agency may provide services to a private entity without affecting the private status of the private entity and the ability to enter into a public-private agreement.
    Sec. 7. "Project" or "toll road project" has the meaning set forth in IC 8-15-2-4(4).
    Sec. 8. "Public-private agreement" means an agreement under this article between a private entity and the authority under which the private entity, acting on behalf of the authority as lessee, licensee, or franchisee, will plan, design, acquire, construct, reconstruct, improve, extend, expand, lease, operate, repair, manage, maintain, or finance a toll road project.
    Sec. 9. "Request for proposals" means all materials and documents prepared by or on behalf of the authority to solicit proposals from offerors to enter into a public-private agreement.
    Sec. 10. "User fees" means the rates, tolls, or fees imposed for the use of, or incidental to, all or any part of a toll road project under a public-private agreement.

notice of the hearing one (1) time in accordance with IC 5-3-1 at least seven (7) days before the hearing. The notice must include the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A description of the related toll road project and of the public-private agreement to be awarded.
        (4) The identity of the offeror that has been preliminarily selected as the operator for the project.
        (5) The address and telephone number of the authority.
        (6) A statement indicating that, subject to section 6 of this chapter, and except for those portions that are confidential under IC 5-14-3, the selected offer and an explanation of the basis upon which the preliminary selection was made are available for public inspection and copying at the principal office of the authority during regular business hours.
    Sec. 10. (a) Subject to section 6 of this chapter, and except for those parts that are confidential under IC 5-14-3, the selected offer and a written explanation of the basis upon which the preliminary selection was made shall be made available for inspection and copying in accordance with IC 5-14-3 at least seven (7) days before the hearing scheduled under section 9 of this chapter.
    (b) At the hearing, the authority shall allow the public to be heard on the preliminary selection.
    Sec. 11. (a) After the procedures required in this chapter have been completed, the authority shall make a determination as to whether the offeror that submitted the selected offer should be designated as the operator for the related toll road project and shall submit its determination to the governor and the budget committee.
    (b) After review of the authority's determination by the budget committee, the governor may accept or reject the determination of the authority. If the governor accepts the determination of the authority, the governor shall designate the offeror who submitted the selected offer as the operator for the related toll road project. The authority shall publish notice of the designation of the operator for the related toll road project one (1) time, in accordance with IC 5-3-1.
    (c) After the designation of the operator for the related toll road project, the authority may execute the public-private agreement with that operator.
    Sec. 12. Any action to contest the validity of a public-private

agreement entered into under this chapter may not be brought after the fifteenth day following the publication of the notice of the designation of an operator under the public-private agreement as provided in section 11 of this chapter.
    Sec. 13. The authority shall disclose the contents of all proposals, except the portions of the proposals that may be treated as confidential in accordance with IC 5-14-3, when either:
        (1) the request for proposal process is terminated under section 8 of this chapter; or
        (2) the public-private agreement has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted.
    Chapter 5. Terms and Conditions of Public-Private Agreements
    Sec. 1. (a) Before developing or operating a toll road project, a private entity that has been selected as the operator of a toll road project under this article shall enter into a public-private agreement with the authority setting forth the rights and duties of the operator under this article.
    (b) A public-private agreement entered into under this article must be approved by the governor before its execution.
    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 ninety-nine (99) 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.
    Sec. 3. In addition to the requirements of section 2 of this chapter, a public-private agreement may include additional provisions concerning:
        (1) Review and approval by the authority of the operator's plans for the development and operation of the toll road project.
        (2) Inspection by the authority of construction of or improvements to the toll road project.
        (3) Maintenance by the operator of a policy or policies of public liability insurance (copies of which shall be filed with the authority, accompanied by proofs of coverage) or self-insurance, each in a form and amount satisfactory to the authority to insure coverage of tort liability to the public and employees and to enable the continued operation of the toll road project.
        (4) Filing by the operator, on a periodic basis, of appropriate financial statements in a form acceptable to the authority.
        (5) Filing by the operator, on a periodic basis, of appropriate traffic reports in a form acceptable to the authority.
        (6) Payments to the operator. These payments may consist of one (1) or more of the following:
            (A) The retention by the operator of the revenues collected by the operator in the operation and management of the toll road project.
            (B) Payments made to the operator by the authority.
            (C) Other sources of payment or revenue to the operator, if any.
        (7) Financing obligations of the operator and the authority, including entering into agreements for the benefit of the financing parties.
        (8) Apportionment of expenses between the operator and the authority.
        (9) The rights and duties of the operator, the authority, and other state and local governmental entities with respect to use of the toll road project, including the state police department and other law enforcement and public safety agencies.

operator.
    Sec. 5. Notwithstanding any contrary provision of this article, the authority may enter into a public-private agreement with multiple private entities if the authority determines in writing that it is in the public interest to do so.
    Sec. 6. The department or any other state agency may perform any duties and exercise any powers of the authority under this article or the public-private agreement that have been assigned, subcontracted, or delegated to it by the authority.
    Chapter 6. Construction and Operating Standards for Toll Road Projects
    Sec. 1. The plans and specifications for each toll road project constructed under this article must comply with:
        (1) the authority's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and
        (2) any other applicable state or federal standards.
    Sec. 2. Unless otherwise provided by federal law, 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.
    Sec. 3. The operator or any contractor or subcontractor of the operator engaged in the construction of a toll road project is subject to:
        (1) the provisions of 25 IAC 5 concerning equal opportunities for minority business enterprises and women's business enterprises to participate in procurement and contracting processes; and
        (2) the provisions that may be established by the authority in a public-private agreement with respect to awarding contracts to Indiana businesses (as defined in IC 5-22-15-20.5).
    Sec. 4. Each toll road project constructed or operated under this article is considered to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance standards, and enforcement of traffic laws.
    Sec. 5. An operator may enter into agreements for maintenance or other services under this article with the authority, the

department, or other state agencies. The authority may:
        (1) with the assistance of all applicable state agencies, establish a unified permitting and licensing process for the processing and issuance of all necessary permits and licenses for toll road projects under this article, including, but not limited to, all environmental permits and business and tax licenses; and
        (2) provide other services for which the authority is reimbursed, including, but not limited to, preliminary planning, environmental certification (including the procurement of all necessary environmental permits), and preliminary design of toll road projects under this article.
    Sec. 6. The authority shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses, and approvals necessary for toll road projects under this article.
    Chapter 7. User Fees
    Sec. 1. (a) Notwithstanding IC 8-9.5-8 and IC 8-15-2-14(j), and subject to section 8 of this chapter, the authority may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a toll road project in accordance with the public-private agreement.
    (b) In fixing the amounts referred to in subsection (a), the authority may:
        (1) establish maximum amounts for the user fees; and
        (2) provide for increases or decreases of the user fees or the maximum amounts established based upon the indices, methodologies, or other factors that the authority considers appropriate.
    Sec. 2. A schedule of the current user fees shall be made available by the operator to any member of the public on request.
    Sec. 3. User fees established by the authority under this article are not subject to supervision or regulation by any other commission, board, bureau, or agency of the state, or by any political subdivision.
    Sec. 4. (a) Subject to section 8 of this chapter, user fees established by the authority under section 1 of this chapter for the use of a toll road project must be nondiscriminatory and may:
        (1) include different user fees based on categories such as vehicle class, vehicle size, vehicle axles, vehicle weight, volume, location, or traffic congestion or such other means or classification as the authority determines to be appropriate;

authority may:
        (1) continue to charge user fees for the use of the toll road project; or
        (2) delegate to a third party the authority to continue to collect the user fees.
    (b) Revenues collected under this section must first be used for operations and maintenance of the toll road project. Any revenues determined by the authority to be excess must be paid to the authority for deposit in the toll road fund established by IC 8-15.5-11-5.
    Sec. 7. Any action to contest the validity of user fees fixed under this chapter may not be brought after the fifteenth day following the effective date of a rule fixing such user fees adopted under IC 4-22-2-37.1(a)(30).
    Sec. 8. (a) As used in this section, "passenger motor vehicle" means:
        (1) a passenger motor vehicle (as defined in IC 9-13-2-123); or
        (2) a truck (as defined in IC 9-13-2-188) that has a declared gross weight of not more than seven thousand (7,000) pounds;
that is owned or leased by an individual and is not used for commercial purposes.
    (b) The user fees charged by the operator of the Indiana Toll Road under a public-private agreement for the use of the Indiana Toll Road by passenger motor vehicles that are owned or leased by individuals who reside in a county traversed by the Indiana Toll Road may not exceed the user fees for passenger motor vehicles that were in effect January 1, 2006.
    (c) The operator of the Indiana Toll Road under a public-private agreement shall take the steps necessary to implement this section. The bureau of motor vehicles and other state agencies shall cooperate with the operator as necessary to implement this section.
    (d) This section expires July 1, 2016.
    Chapter 8. Taxation of Operators
    Sec. 1. A toll road project and tangible personal property used exclusively in connection with a toll road project that are:
        (1) owned by the authority and leased, franchised, licensed or otherwise conveyed to an operator; or
        (2) acquired, constructed, or otherwise provided by an operator in connection with the toll road project;
under the terms of a public-private agreement are considered to be public property devoted to an essential public and governmental

function and purpose and the property, and an operator's leasehold estate, franchise, license, and other interests in the property are exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state.
    Sec. 2. Income received by an operator under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities.
    Sec. 3. An operator or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in the toll road project is not exempt from the application of the gross retail or use tax under IC 6-2.5 with respect to such a purchase.
    Chapter 9. Records of Operators
    Sec. 1. Records that are provided by an operator to the authority that relate to compliance by an operator with the terms of a public-private agreement are subject to inspection and copying in accordance with IC 5-14-3.
    Chapter 10. Additional Powers of the Authority Concerning Toll Road Projects
    Sec. 1. The authority may exercise any powers provided under this article in participation or cooperation with the department or any other governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute.
    Sec. 2. (a) The authority may make and enter into all contracts and agreements necessary or incidental to the performance of the authority's duties and the execution of the authority's powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the authority and may be for any term of years and contain any terms that are considered reasonable by the authority.
    (b) The:
        (1) department; and
        (2) any other state agency;
may make and enter into all contracts and agreements necessary or incidental to the performance of the duties and the execution of the powers granted to the department or the state agency in accordance with this article or the public-private agreement. These contracts or agreements are not subject to any approvals other than the approval of the department or state agency and may be

for any term of years and contain any terms that are considered reasonable the department or the state agency.
    Sec. 3. (a) The authority may pay any amounts owed by the authority under a public-private agreement entered into under this article from any funds available to the authority under this article or any other statute.
    (b) Subject to review by the budget committee established by IC 4-12-1-3 and approval by the budget director appointed under IC 4-12-1-3, a public-private agreement entered into under this article may:
        (1) establish a procedure for the authority or a person acting on behalf of the authority to certify to the general assembly the amount needed to pay any amounts owed by the authority under a public-private agreement; or
        (2) otherwise create a moral obligation of the state to pay any amounts owed by the authority under the public-private agreement.
    (c) The authority may issue bonds under IC 4-4-11 or IC 8-15-2 to provide funds for any amounts identified under this section without complying with IC 8-9.5-8-10.
    Sec. 4. For purposes of this article, the authority may authorize an operator under a public-private agreement to perform any of its duties under IC 8-15-2-1, IC 8-15-2-6, IC 8-15-2-18, and IC 8-15-2-24.
    Sec. 5. The authority may exercise any of its powers under IC 8-15-2 or any other provision of Indiana Code as necessary or desirable for the performance of the authority's duties and the execution of the authority's powers under this article.
    Sec. 6. The authority may not take any action under this chapter that would impair the public-private agreement entered into under this article.
    Sec. 7. (a) The authority shall enter into an agreement between and among the operator, the authority, and the state police department concerning the provision of law enforcement assistance with respect to a toll road project that is the subject of a public-private agreement under this article.
    (b) The authority may enter into arrangements with the state police department related to costs incurred in providing law enforcement assistance under this article.
    (c) All law enforcement officers of the state and any political subdivision have the same powers and jurisdiction within the limits of a toll road project as they have in their respective areas of

jurisdiction, including the roads and highways of the state. These law enforcement officers shall have access to a toll road project that is the subject of a public-private agreement to exercise their powers and jurisdiction.
    Chapter 11. Toll Road Fund
    Sec. 1. As used in this chapter, "account" refers to an account established within the fund.
    Sec. 2. As used in this chapter, "eligible political subdivision" refers to:
        (1) counties through which a toll road project traverses; and
        (2) cities and towns in those counties.
    Sec. 3. As used in this chapter, "eligible project" means:
        (1) with respect to an eligible political subdivision, the acquisition, construction, renovation, improvement, and equipping of projects designed to facilitate the movement of people, goods, services, and information, including, but not limited to:
            (A) roads;
            (B) trails and bike paths;
            (C) intermodal freight facilities;
            (D) airports;
            (E) bridges;
            (F) public transit facilities and equipment;
            (G) pipes and pumping stations for the transportation of gases and liquids; and
            (H) cabling and other transmission equipment for data, voice, and electricity;
        (2) with respect to the northwest Indiana regional development authority:
            (A) all or part of a distribution described in IC 8-15-2-14.7; and
            (B) the acquisition, construction, renovation, improvement, and equipping of a project (as defined in IC 36-7.5-1);
        (3) with respect to the northeast Indiana regional development authority:
            (A) all or part of a distribution described in IC 8-15-2-14.8; and
            (B) the acquisition, construction, renovation, improvement, and equipping of a project (as defined in IC 36-7.6-1); and
        (4) with respect to the department, the acquisition, construction, renovation, improvement, and equipping of projects identified in the department's current long range

comprehensive transportation plan.
    Sec. 4. As used in this chapter, "fund" refers to the toll road fund established by section 5 of this chapter.
    Sec. 5. (a) The toll road fund is established to provide funds to:
        (1) pay or defease certain bonds in the manner provided by this chapter;
        (2) pay amounts owed by the authority in connection with the execution and performance of a public-private agreement under this article; and
        (3) make distributions for eligible projects to:
            (A) the department;
            (B) the northwest Indiana regional development authority established in IC 36-7.5-2;
            (C) the northeast Indiana regional development authority established in IC 36-7.6-2; and
            (D) eligible political subdivisions.
    (b) The authority shall hold, administer, and manage the fund.
    (c) Expenses of administering the fund shall be paid from money in the fund.
    (d) The fund consists of the following:
        (1) Money received from an operator under a public-private agreement.
        (2) Appropriations, if any, made by the general assembly.
        (3) Grants and gifts intended for deposit in the fund.
        (4) Interest, premiums, gains, or other earnings on the fund.
    (e) The authority shall establish the following separate accounts within the fund:
        (1) The bond retirement account.
        (2) The administration account.
        (3) The eligible project account.
    (f) Money in the fund shall be deposited, paid, and secured in the manner provided by IC 4-4-11-32. Notwithstanding IC 5-13, the authority shall invest the money in the fund that is not needed to meet the obligations of the fund in the manner provided by an investment policy established by resolution of the authority.
    (g) The fund is not part of the state treasury and is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency.
    (h) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

department shall submit to the authority a list of the eligible projects that:
        (1) are to be carried out by the department during the state fiscal year beginning on July 1 of that year; and
        (2) require a distribution of money from the eligible project account.
The list must include the amount of distributions required for each project during the fiscal year, the total amount of distributions required for all projects during the fiscal year, and the schedule of distributions required for each project. Upon a determination by the authority that the department's request complies with this chapter, the authority shall make the distributions in the amounts and in accordance with the schedule of projects provided by the department. The authority shall pay the distributions from the eligible project account to the treasurer of state for deposit in the state highway fund.
    (c) Before July 1, 2006, and every year thereafter, the northwest Indiana regional development authority may submit to the authority a request for a distribution from the eligible project account. The request must include a list of the eligible projects that:
        (1) are to be carried out by the northwest Indiana regional development authority during the state fiscal year beginning on July 1 of that year; and
        (2) require a distribution of money from the eligible project account.
The list must include the amount of distributions requested for each project during the fiscal year, the total amount of distributions requested for all projects during the fiscal year, and the proposed schedule of distributions for each project. The authority may approve, modify and approve, or reject a request made under this section. The authority shall make any distributions in the amounts and in accordance with the schedule as approved by the authority and shall pay the distributions from the eligible project account to the northwest Indiana regional development authority for deposit in the general account of the development authority fund established under IC 36-7.5-4-1.
    (d) Before July 1, 2006, and every year thereafter, the northeast Indiana regional development authority may submit to the authority a request for a distribution from the eligible project account. The request must include a list of the eligible projects that:

department under IC 8-15.7-4, serves the public purpose of this article if the action facilitates the timely development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, or operation of a qualifying project.
    Sec. 3. It is the intent of this article to:
        (1) encourage investment in Indiana by private entities that facilitates the development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of transportation facilities; and
        (2) grant public and private entities the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this article.
    Sec. 4. The powers conferred by this article shall be liberally construed in order to accomplish their purposes and are in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this article, this article is controlling as to any public-private agreement entered into under this article.
    Sec. 5. This article contains full and complete authority for agreements and leases with private entities to carry out the activities described 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.
    Sec. 6. To the extent that this article permits or requires the authority, the department, or a private entity to carry out any law other than this article under a public-private agreement, the action shall be carried out in conformity with this article.
    Chapter 2. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "Affected jurisdiction" means the following:
        (1) Any county, city, or town in which all or a part of a qualifying project is located.
        (2) Any other public entity directly affected by the qualifying project.
    Sec. 3. "Authority" or "Indiana finance authority" refers to the Indiana finance authority established by IC 4-4-11-4.
    Sec. 4. "Develop" or "development" means to do one (1) or

more of the following:
        (1) Plan.
        (2) Design.
        (3) Develop.
        (4) Lease.
        (5) Acquire.
        (6) Install.
        (7) Construct.
        (8) Reconstruct.
        (9) Rehabilitate.
        (10) Extend.
        (11) Expand.
    Sec. 5. "Highway, street, or road" has the meaning set forth in IC 8-23-1-23.
    Sec. 6. "Law enforcement officer" has the meaning set forth in IC 35-41-1-17.
    Sec. 7. "Maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the authority.
    Sec. 8. "Offeror" means a private entity that has submitted a qualification submittal or a proposal for a public-private agreement under this article.
    Sec. 9. "Operate" or "operation" means to do one (1) or more of the following:
        (1) Maintain.
        (2) Improve.
        (3) Equip.
        (4) Modify.
        (5) Otherwise operate.
    Sec. 10. "Operator" means a private entity that has entered into a public-private agreement with the authority to provide services to or on behalf of the authority.
    Sec. 11. "Political subdivision" has the meaning set forth in IC 36-1-2-13.
    Sec. 12. "Private entity" means any combination of one (1) or more individuals, corporations, general partnerships, limited liability companies, limited partnerships, joint ventures, business trusts, nonprofit entities, or other business entities that are parties to a proposal for a qualifying project or a public-private agreement related to a qualifying project. A public agency may provide services to an operator as a subcontractor or subconsultant

without affecting the private status of the private entity and the entity's or operator's ability to enter into a public-private agreement.
    Sec. 13. "Project" means all or part of the following:
        (1) A limited access facility (as defined in IC 8-23-1-28).
        (2) A tollway (as defined in IC 8-15-3-7).
        (3) Roads and bridges.
        (4) All or part of a bridge, tunnel, overpass, underpass, interchange, structure, ramp, access road, service road, entrance plaza, approach, tollhouse, utility corridor, toll gantry, rest stop, service area, or administration, storage, or other building or facility, including temporary facilities and buildings or facilities and structures that will not be tolled, that the authority determines is appurtenant, necessary, or desirable for the development, financing, or operation of the facilities described in subdivisions (1), (2) and (3).
        (5) An improvement, betterment, enlargement, extension, or reconstruction of all or part of any of the facilities described in this section, including a nontolled part, that is separately designated by name or number.
    Sec. 14. "Public-private agreement" means the public-private agreement between the operator and the authority that relates to any combination of the development, financing, or operation of a qualifying project and is entered into under this article.
    Sec. 15. "Qualifying project" means one (1) or more projects developed, financed, or operated by an operator under this article.
    Sec. 16. "Request for proposals" means all materials and documents prepared by or on behalf of the authority to solicit proposals from offerors to enter into a public-private agreement.
    Sec. 17. "Request for qualifications" means all materials and documents prepared by or on behalf of the authority to solicit qualification submittals from offerors to enter into a public-private agreement.
    Sec. 18. "Revenues" means all revenues, including any combination of:
        (1) income;
        (2) earnings and interest;
        (3) user fees;
        (4) lease payments;
        (5) allocations;
        (6) federal, state, and local appropriations, grants, loans, lines of credit, and credit guarantees;

user fee rates are not subject to supervision or regulation by any commission, board, bureau, or agency of the state or any municipality, other than the authority to the extent set forth in the public-private agreement.
    Sec. 3. The operator may own, lease, or acquire any property interest or other right to develop, finance, or operate the qualifying project.
    Sec. 4. In operating the qualifying project, the operator may do the following:
        (1) Make user classifications as permitted in the public-private agreement.
        (2) As permitted in the public-private agreement or otherwise with the consent of the authority or the department, as applicable, make and enforce reasonable rules to the same extent that the authority or the department may make and enforce rules with respect to a similar project.
    Sec. 5. The authority shall establish a program to facilitate participation in qualifying projects by:
        (1) small businesses that qualify for a small business set-aside under IC 4-13.6-2-11;
        (2) businesses certified under IC 4-13-16.5 as a minority business enterprise;
        (3) businesses certified under IC 4-13-16.5 as a women's business enterprise;
        (4) businesses treated as disadvantaged business enterprises under federal or state law; and
        (5) businesses defined under IC 5-22-15-20.5 as Indiana businesses, to the extent permitted by applicable federal and state law and regulations.
    Chapter 4. Procurement Process
    Sec. 1. The authority may request proposals from private entities for all or part of the development, financing, and operation of one (1) or more projects.
    Sec. 2. (a) This section establishes the competitive proposal procedure that the authority shall use to enter into a public-private agreement with an operator under this article.
    (b) The authority may pursue a competitive proposal procedure using a request for qualifications and a request for proposals process or proceed directly to a request for proposals.
    (c) If the authority elects to use a request for qualifications phase, it must provide a public notice of the request for qualifications, for the period considered appropriate by the

authority, before the date set for receipt of submittals in response to the solicitation. The authority shall provide the notice by posting in a designated public area and publication in a newspaper of general circulation, in the manner provided by IC 5-3-1. In addition, submittals in response to the solicitation may be solicited directly from potential offerors.
    (d) The authority shall evaluate qualification submittals based on the requirements and evaluation criteria set forth in the request for qualifications.
    (e) If the authority has undertaken a request for qualifications phase resulting in one (1) or more prequalified or shortlisted offerors, the request for proposals shall be limited to those offerors that have been prequalified or shortlisted.
    (f) If the authority has not issued a request for qualifications and intends to use only a one (1) phase request for proposals procurement, the authority must provide a public notice of the request for proposals for the period considered appropriate by the authority, before the date set for receipt of proposals. The authority shall provide the notice by posting in a designated public area and publication in a newspaper of general circulation, in the manner provided by IC 5-3-1. In addition, proposals may be solicited directly from potential offerors.
    (g) The authority shall submit a draft of the request for proposals to the budget committee for its review before the issuance by the authority of the request for proposals to potential offerors. The request for proposals must:
        (1) indicate in general terms the scope of work, goods, and services sought to be procured;
        (2) contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement and the qualifying project;
        (3) specify the factors, criteria, and other information that will be used in evaluating the proposals;
        (4) specify any requirements or goals for use of:
            (A) minority business enterprises and women's business enterprises certified under IC 4-13-16.5;
            (B) disadvantaged business enterprises under federal or state law;
            (C) businesses defined under IC 5-22-15-20.5 as Indiana businesses, to the extent permitted by applicable federal and state law and regulations; and
            (D) businesses that qualify for a small business set aside

under IC 4-13.6-2-11;
        (5) contain or incorporate by reference the other applicable contractual terms and conditions; and
        (6) contain or incorporate by reference any other provisions, materials, or documents that the authority considers appropriate.
    (h) The authority shall determine the evaluation criteria that are appropriate for each project and shall set those criteria forth in the request for proposals. The authority may use a selection process that results in selection of the proposal offering the best value to the public, a selection process that results in selection of the proposal offering the lowest price or cost or the highest payment to, or revenue sharing with, the authority, or any other selection process that the authority determines is in the best interests of the state and the public.
    (i) The authority shall evaluate proposals based on the requirements and evaluation criteria set forth in the request for proposals.
    (j) The authority may select one (1) or more offerors for negotiations based on the evaluation criteria set forth in the request for proposals. If the authority believes that negotiations with the selected offeror or offerors are not likely to result in a public-private agreement, or, in the case of a best value selection process, no longer reflect the best value to the state and the public, the authority may commence negotiations with other responsive offerors, if any, and may suspend, terminate, or continue negotiations with the original offeror or offerors. If negotiations are unsuccessful, the authority shall terminate the procurement, may not award the public-private agreement, and may commence a new procurement for a public-private agreement. If the authority determines that negotiations with an offeror have been successfully completed, the authority shall, subject to the other requirements of this article, award the public-private agreement to the offeror.
    (k) Before awarding a public-private agreement to an operator, the authority shall schedule a public hearing on the proposed public-private agreement and publish notice of the hearing one (1) time in accordance with IC 5-3-1 at least seven (7) days before the hearing. The notice must include the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A description of the agreement to be awarded.
        (4) The recommendation that has been made to award the

agreement to an identified offeror or offerors.
        (5) The address and telephone number of the authority.
    (l) At the hearing, the authority shall allow the public to be heard on the proposed public-private agreement.
    (m) When the terms and conditions of multiple awards are specified in the request for proposals, awards may be made to more than one (1) offeror.
    Sec. 3. (a) After the procedures required in this chapter have been completed, the authority shall make a determination as to whether the successful offeror should be designated as the operator for the project and shall submit its decision to the governor and the budget committee.
    (b) After review of the authority's determination by the budget committee, the governor may accept or reject the determination of the authority. If the governor accepts the determination of the authority, the governor shall designate the successful offeror as the operator for the project. The authority shall publish notice of the designation of the operator one (1) time, in accordance with IC 5-3-1.
    (c) After the designation of the successful offeror as the operator for the project, the authority may execute the public-private agreement.
    (d) An action to contest the validity of a public-private agreement entered into under this chapter may not be brought after the fifteenth day following the publication of the notice of the designation of the operator under the public-private agreement under subsection (b).
    Sec. 4. The authority may pay a stipulated amount to an unsuccessful offeror that submits a responsive proposal in response to a request for proposals under this chapter, in exchange for the work product contained in that proposal. The use by the authority or the department of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the authority or the department and does not confer liability on the recipient of the stipulated amount under this section. After payment of the stipulated amount:
        (1) the authority, the department, and the unsuccessful offeror jointly own the rights to, and may make use of any work product contained in, the proposal, including the technologies, techniques, methods, processes, ideas, and information contained in the proposal, project design, and project financial plan; and

chapter, if the authority determines that if the records were made public, the financial or competitive interest of the authority or offeror would be adversely affected.
    (c) Before the authority may consider whether information submitted by an offeror or under this section is confidential, the offeror must do the following:
        (1) Invoke the exclusion upon submission of the data or other materials for which protection from disclosure is sought.
        (2) Identify the data or other materials for which protection is sought.
        (3) State the reasons why protection is necessary.
    (d) Procurement records shall not be interpreted to include proprietary, commercial, or financial information, balance sheets, financial statements, escrowed proposal or bid documents, financial models, or trade secrets provided by the operator with or in connection with its qualification submittal or proposal. All such materials:
        (1) shall be considered confidential;
        (2) are not subject to disclosure, inspection, or copying under IC 5-14-3; and
        (3) are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release.
    (e) An inspection of procurement records under this section is subject to reasonable restrictions to ensure the security and integrity of the records.
    Sec. 7. (a) This section applies to a metropolitan statistical area, as defined by the United States Office of Management and Budget, in Indiana that is served by more than one (1) interstate system highway, street, or road.
    (b) As used in this section, "interstate system" has the meaning set forth in IC 8-23-1-25.
    (c) In establishing the route of a qualified project through a metropolitan statistical area, the authority shall consider routes that have the least disruptive influence on established businesses and residents. To the extent practicable, the authority shall consider using:
        (1) an established interstate system highway, street, or road in the metropolitan statistical area; or
        (2) a route that is west of established business corridors in a
        less densely used part of the metropolitan statistical area;
as the route of a qualified project to avoid the disruption of neighborhoods and business areas.

agreement or are otherwise acceptable to the authority.
        (4) Maintenance of:
            (A) one (1) or more policies of public liability insurance (copies of which shall be filed with the authority accompanied by proofs of coverage); or
            (B) self-insurance;
        each in the form and amount required by the public-private agreement or otherwise satisfactory to the authority as reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project.
        (5) If operations are included within the operator's obligations under the public-private agreement, monitoring of the maintenance practices of the operator by the authority or another entity designated by the authority or under the public-private agreement, and the taking of the actions that the authority finds appropriate to ensure that the qualifying project is properly maintained.
        (6) Reimbursement to be paid to the authority as set forth in the public-private agreement for services provided by the authority.
        (7) Filing of appropriate financial statements and reports as set forth in the public-private agreement or as otherwise in a form acceptable to the authority on a periodic basis.
        (8) Compensation or payments to the operator. Compensation or payments may include one (1) or more of the following:
            (A) A development fee, payable on a lump sum basis, progress payment basis, time and materials basis, or any other basis considered appropriate by the authority.
            (B) An operations fee, payable on a lump sum basis, time and material basis, periodic basis, or any other basis considered appropriate by the authority.
            (C) All or part of the revenues, if any, arising out of operation of the qualifying project.
            (D) A maximum rate of return on investment or return on equity or a combination of the two (2).
            (E) In kind services, materials, property, equipment, or other items.
            (F) Compensation in the event of any termination.
            (G) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the authority.

supplement to the public-private agreement that:
            (A) sets forth the complete price or cost to, or payment to or revenue sharing with, the authority; and
            (B) may include the provisions described in section 1 of this chapter and other provisions required or permitted under this chapter; and
        (3) contain any other provisions related to any aspect of the development, financing, and operation of a qualifying project that the parties determine to be appropriate.
    (c) Until a supplement to the public-private agreement described in subsection (b)(2) has been executed, the operator may not commence active construction, complete development, or commence operation of a qualifying project or acquire any leasehold rights or other real property rights in a qualifying project.
    Sec. 3. (a) The authority may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a qualifying project in accordance with the public-private agreement. In fixing these amounts, the authority may:
        (1) establish maximum amounts for the user fees; and
        (2) provide for increases or decreases of the maximum amounts based upon the indices, methodologies, or other factors that the authority considers appropriate.
    (b) User fees established by the authority for the use of a qualifying project must be nondiscriminatory and may:
        (1) include different user fees based on categories such as vehicle class, vehicle size, vehicle axles, vehicle weight, volume, location, traffic congestion, or other means or classification that the authority determines to be appropriate;
        (2) vary by time of day or year; and
        (3) be based on one (1) or more factors considered relevant by the authority, which may include any combination of:
            (A) lease payments;
            (B) financing costs and charges;
            (C) debt repayment, including principal and interest;
            (D) costs of development;
            (E) costs of operation;
            (F) working capital;
            (G) reserves;
            (H) depreciation;
            (I) compensation to the operator;
            (J) compensation to the authority; and

qualifying project. The public-private agreement may contain any other lawful term or condition to which the operator and the authority mutually agree, including provisions regarding change orders, dispute resolution, required upgrades to the qualifying project, tolling policies, changes and modifications to the qualifying project, unavoidable delays, or provisions for a loan or grant of public funds for the development or operation, or both, of one (1) or more qualifying projects.
    Sec. 6. To the extent that the authority receives any payment or compensation under the public-private agreement other than repayment of a loan or grant or reimbursement for services provided by the authority or the department to the operator, the payment or compensation shall be distributed at the direction of the authority to the:
        (1) major moves construction fund established under IC 8-14-14;
        (2) department for deposit in the state highway fund established by IC 8-23-9-54;
        (3) department for use on other projects designated by the department; or
        (4) operator or the authority for debt reduction.
    Sec. 7. (a) Upon the termination or expiration of the public-private agreement, including a termination for default, the authority may take over the qualifying project and succeed to all of the right, title, and interest in the qualifying project. The authority may agree to accept the qualifying project subject to any liens on revenues previously granted by the operator to any person providing financing for the qualifying project.
    (b) If the authority elects to take over a qualifying project, the authority may do all or part of the following:
        (1) Develop, finance, or operate the project.
        (2) Impose, collect, retain, and use user fees, if any, for the project.
    (c) The authority may use any revenues collected under this section for any lawful purpose, including:
        (1) making payments to individuals or entities in connection with the financing of the qualifying project;
        (2) paying development costs of the project;
        (3) paying current operation costs of the project or facilities, including compensation to the authority or the department for the services of the authority or the department in operating the qualifying project;

reports prepared by the operator or others, on behalf of the authority as provided under the public-private agreement;
        (5) preparing, negotiating, and executing any change orders and amendments to the public-private agreement, except where the authority is the contracting party, in which case the authority shall execute the change orders and amendments prepared and negotiated by the department;
        (6) issuing other written correspondence and communications on behalf of the authority as provided under the public-private agreement;
        (7) preparing and issuing noncompliance letters and reports, warning notices, and default letters to the operator on behalf of the authority as provided under the public-private agreement; and
        (8) exercising rights and remedies for a breach or default by the operator on behalf of the authority as provided under the public-private agreement, except for rights and remedies relating to financial matters that the department is not permitted to exercise under applicable law, in which case the authority shall exercise the rights and remedies.
    Chapter 6. Development and Operations Standards for Projects
    Sec. 1. The plans and specifications, if any, for each project developed under this article must comply with:
        (1) the department's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and
        (2) any other applicable state or federal standards.
    Sec. 2. Unless otherwise provided by federal law, 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.
    Sec. 3. Each project constructed or operated under this article is considered to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance standards, and enforcement of traffic laws.
    Sec. 4. An operator may enter into agreements for maintenance or other services under this article with the department and other local or state agencies. The authority or the department may:

under this article, including grants, loans, lines of credit, and guarantees.
    Sec. 2. The authority or the department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this article and may enter into any contracts required to receive the assistance. The authority or the department may determine that it serves the public purpose of this article for all or part of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant, loan, line of credit, or loan guarantee made by a local, state, or federal government or any agency or instrumentality of a local, state, or federal government.
    Sec. 3. The authority or the department may agree to make grants or loans for any combination of the development, financing, or operation of a qualifying project from amounts received from the federal, state, or local government or any agency or instrumentality of the federal, state, or local government.
    Sec. 4. The financing of a qualifying project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement.
    Sec. 5. For the purpose of financing a qualifying project, the operator and the authority or the department may do the following:
        (1) Propose to use all or part of the revenues available to them.
        (2) Enter into grant agreements.
        (3) Access any designated transportation trust funds.
        (4) Access any other funds available to the authority or the department and the operator.
        (5) Accept grants from the authority, the port commission, any other state infrastructure bank, or any other agency or entity.
    Sec. 6. (a) For the purpose of financing a qualifying project, the authority may enter into agreements, leases, or subleases with the department or an operator, or both, and do the following:
        (1) Issue bonds, debt, or other obligations under IC 4-4-11, IC 8-15-2, or IC 8-15.7-9.
        (2) Enter into loan agreements or other credit facilities.
        (3) Secure any financing with a pledge of, security interest in, or lien on all or part of a property subject to the agreement, including all of the party's property interests in the qualifying project.

must comply with IC 8-14.5-5 except that:
        (1) the lease is not required to comply with IC 8-14.5-5-3(a)(1); and
        (2) notwithstanding IC 8-14.5-5-2(a)(2), a lease under this chapter may be extended from biennium to biennium, with the extensions not to exceed a lease term of ninety-nine (99) years unless the department gives notice of nonextension at least six (6) months before the end of the biennium, in which event the lease expires at the end of the biennium in which the notice is given.
    Sec. 3. The department shall pay lease rentals for leases that the department has entered into under this chapter that secure bonds issued under this chapter from any legally available revenues, including:
        (1) payments received from an operator;
        (2) federal highway revenues, subject to the limitations in IC 8-14.5-7;
        (3) distributions from the motor vehicle highway account under IC 8-14-1-3; and
        (4) other funds available to the department for such purpose.
    Sec. 4. The bonds or notes issued under this chapter:
        (1) constitute the corporate obligations of the authority;
        (2) do not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation; and
        (3) are payable solely as to both principal and interest from:
            (A) the revenues from a lease to the department, if any;
            (B) proceeds of bonds or notes, if any;
            (C) investment earnings on proceeds of bonds or notes; or
            (D) other funds available to the authority for such purpose.
    Chapter 10. Acquisition of Property
    Sec. 1. (a) A public entity may dedicate any property interest that it has for public use as a qualifying project if the public entity finds that dedication of the property interest will serve the public purpose of this article. In connection with the dedication, a public entity may convey any property interest that the public entity has to the operator, subject to the:
        (1) conditions imposed by general law governing conveyances; and
        (2) provisions of this article;
for the consideration that the public entity considers appropriate.
    (b) Consideration for a transfer under this section may include

an agreement with the operator to develop, finance, or operate the qualifying project. The property interests that the public entity may convey to the operator in connection with a dedication under this section may include licenses, franchises, easements, or any other right or interest that the public entity considers appropriate.
    Sec. 2. The authority, the department, and an operator may enter into the leases, licenses, easements, and other grants of property interests that the authority determines necessary to carry out this article.
    Chapter 11. Law Enforcement
    Sec. 1. All law enforcement officers of the state and of each affected jurisdiction have the same powers and jurisdiction within the limits of the qualifying project as they have in their respective areas of jurisdiction.
    Sec. 2. Law enforcement officers shall have access to the qualifying project at any time for the purpose of exercising the law enforcement officer's powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the operator to any greater degree than the police power extends to any other private buildings and improvements.
    Sec. 3. (a) The traffic and motor vehicle laws of Indiana or, if applicable, any local jurisdiction apply to conduct on a qualifying project to the same extent as they apply to conduct on similar projects in Indiana or the local jurisdiction.
    (b) Punishment for infractions and offenses shall be as prescribed by law for conduct occurring on similar projects in Indiana or the local jurisdiction.
    Chapter 12. Resolution of Disputes
    Sec. 1. The authority has exclusive jurisdiction to adjudicate all matters specifically committed to the authority's jurisdiction by this article.
    Sec. 2. The authority shall establish an expedited method for resolving disputes between the authority and the parties to a public-private agreement and shall set forth that method in the public-private agreement.
    Sec. 3. The authority may pay, pursue, mediate, and settle any claim arising out of a public-private agreement.
    Sec. 4. A public-private agreement may permit a party to the agreement to submit any claim arising under the agreement to arbitration or alternative dispute resolution under IC 34-57.
    Chapter 13. Term of Agreement; Reversion of Property to State
    Sec. 1. The term of a public-private agreement, including all

extensions, may not exceed ninety-nine (99) 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.
    Sec. 2. The authority shall terminate the operator's authority and duties under the public-private agreement on the date set forth in the public-private agreement.
    Sec. 3. Upon termination of the public-private agreement, the authority and duties of the operator under this article cease, except for any duties and obligations that extend beyond the termination as set forth in the public-private agreement, and the qualifying project reverts to the authority and shall be dedicated to the authority for public use.
    Chapter 14. Additional Powers of the Authority and the Department With Respect to Qualifying Projects
    Sec. 1. The authority or the department may exercise any powers provided under this article in participation or cooperation with any governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute.
    Sec. 2. The authority or the department may make and enter into all contracts and agreements necessary or incidental to the performance of the authority's or department's duties and the execution of the authority's or department's powers under this article. These contracts or agreements are not subject to any approvals other than the approval of the authority or the department, as applicable, and may be for any term of years and contain any terms that are considered reasonable by the authority or the department.
    Sec. 3. The authority or the department may pay the costs incurred under a public-private agreement entered into under this article from any funds legally available to the authority or the department under this article or any other statute.
    Sec. 4. For purposes of this article, the authority or the department may authorize an operator under a public-private agreement to perform any of its duties under IC 8-15-3-9, IC 8-15-3-16, IC 8-15-3-29, IC 8-15-3-30, and IC 8-15-3-33.
    Sec. 5. The authority may exercise any of its powers under IC 8-15-3 as necessary or desirable for the performance of its duties and the execution of the its powers under this article.
    Sec. 6. The department may exercise any of its powers under IC 8-15-3 as necessary or desirable for the performance of its

project, or toll road.
    Sec. 3. As used in this chapter, "department" refers to the Indiana department of transportation.
    Sec. 4. As used in this chapter, "operator" has the meaning set forth in IC 8-15.5-2-5 or IC 8-15.7-2-10.
    Sec. 5. As used in this chapter, "owner" means a person in whose name a motor vehicle is registered under:
        (1) IC 9-18;
        (2) the laws of another state;
        (3) the laws of a foreign country; or
        (4) the International Registration Plan.
    Sec. 6. As used in this chapter, "qualifying project" has the meaning set forth in IC 8-15.7-2-15.
    Sec. 7. As used in this chapter, "toll road" has the meaning set forth in IC 8-15-2-4(4).
    Sec. 8. As used in this chapter, "tollway" has the meaning set forth in IC 8-15-3-7.
    Sec. 9. The owner of a motor vehicle, other than an authorized emergency vehicle, that is driven or towed through a toll collection facility on a toll road, tollway, or qualifying project shall pay the proper toll.
    Sec. 10. The department or the authority may adopt and enforce rules concerning:
        (1) the placement and use of automated traffic law enforcement systems to enforce collection of user fees;
        (2) required notification to owners of toll violations;
        (3) the process for collection and enforcement of unpaid amounts;
        (4) the amount of fines, charges, and assessments for toll violations; and
        (5) other matters relating to automated traffic law enforcement systems that the department or the authority considers appropriate.
    Sec. 11. Before enforcing a rule adopted under section 10 of this chapter, the department, the authority, or an operator must install advance warning signs along the tollways, toll roads, or qualifying projects proceeding to the location at which an automated traffic law enforcement system is located.
    Sec. 12. (a) In the prosecution of a toll violation, proof that the motor vehicle was driven or towed through the toll collection facility without payment of the proper toll may be shown by a video recording, a photograph, an electronic recording, or other