SB 1-3_ Filed 02/06/2007, 09:35 Jackman
SENATE MOTION
MADAM PRESIDENT:
I move
that Senate Bill 1 be amended to read as follows:
SOURCE: Page 6, line 9; (07)MO000102.6. -->
Page 6, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 8-15-2-1; (07)MO000102.3. -->
"SECTION 3. IC 8-15-2-1, AS AMENDED BY P.L.47-2006,
SECTION 8, AND AS AMENDED BY P.L.1-2006, SECTION 156, IS
CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. (a) In order to remove the
handicaps and hazards on the congested highways in Indiana, to
facilitate vehicular traffic throughout the state, to promote the
agricultural and industrial development of the state, and to provide for
the general welfare by the construction of modern express highways
embodying safety devices, including center division, ample shoulder
widths, long sight distances, multiple lanes in each direction, and grade
separations at intersections with other highways and railroads, the
authority may:
(1) subject to subsection (d), construct, reconstruct, maintain,
repair, and operate toll road projects at such locations as shall be
approved by the governor;
(2) in accordance with such alignment and design standards as
shall be approved by the authority and subject to IC 8-9.5-8-10,
issue toll road revenue bonds of the state payable solely from
funds pledged for their payment, as authorized by this chapter, to
pay the cost of such projects;
(3) finance, develop, construct, reconstruct, improve, or maintain
improvements for manufacturing, commercial, or public
transportation activities within a county through which a toll road
passes;
(4) in cooperation with the Indiana department of transportation
or a political subdivision, construct, reconstruct, or finance the
construction or reconstruction of an arterial highway or an arterial
street that is located within a county through which a toll road
passes and that:
(A) interchanges with a toll road project; or
(B) intersects with a road or a street that interchanges with a
toll road project;
(5) finance improvements necessary for developing transportation
corridors in northwestern Indiana; and
(6) exercise these powers in participation with any governmental
entity or with any individual, partnership, limited liability
company, or corporation.
(b) Notwithstanding subsection (a), the authority shall not construct,
maintain, operate, nor contract for the construction, maintenance, or
operation of transient lodging facilities on, or adjacent to, such toll road
projects.
(c) This chapter:
(1) applies to the authority only when acting for the purposes set
forth in this chapter; and
(2) does not apply to the authority when acting under any other
statute for any other purpose.
(d) Notwithstanding any other law, neither the authority nor an
operator selected under IC 8-15.5 may carry out any of the following
activities under this chapter 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).
(3) Carrying out the construction of the Indiana Commerce
Connector within the boundaries of Moral Township in
Shelby County.
(e) As used in this section, "Indiana Commerce Connector"
means a limited access facility beginning at Interstate Highway 69
in Madison County and ending at Interstate Highway 70 in
Hendricks County or Morgan County.".
SOURCE: Page 7, line 14; (07)MO000102.7. -->
Page 7, between lines 14 and 15, begin a new line block indented
and insert:
"
(4) Carry out the construction of the Indiana Commerce
Connector within the boundaries of Moral Township in
Shelby County.".
Page 8, between lines 4 and 5, begin a new line block indented and
insert:
"
(3) Carrying out the construction of the Indiana Commerce
Connector within the boundaries of Moral Township in
Shelby County.
(c) As used in this section, "Indiana Commerce Connector"
means a limited access facility beginning at Interstate Highway 69
in Madison County and ending at Interstate Highway 70 in
Hendricks County or Morgan County.".
Page 8, between lines 38 and 39, begin a new line block indented
and insert:
" (4) Carrying out the construction of the Indiana Commerce
Connector within the boundaries of Moral Township in
Shelby County.".
Page 12, between lines 13 and 14, begin a new line block indented
and insert:
" (4) Carry out the construction of the Indiana Commerce
Connector within the boundaries of Moral Township in
Shelby County.
SOURCE: IC 8-23-7-23; (07)MO000102.10. -->
SECTION 10. IC 8-23-7-23, AS AMENDED BY P.L.47-2006,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 23. (a) Subject to subsection (c), the department
may, after issuing an order and receiving the governor's approval,
determine that a state highway should become a toll road. An order
under this section does not become effective unless the authority adopts
a resolution to accept the designated state highway, or part of the
highway, as a toll road project under the conditions contained in the
order. An order issued by the department under this section must set
forth the conditions upon which the transfer of the state highway, or
part of the highway, to the authority must occur, including the
following:
(1) The consideration, if any, to be paid by the authority to the
department.
(2) A requirement that the authority:
(A) enter into a contract or lease with the department with
respect to the toll road project under IC 8-9.5-8-7 or
IC 8-9.5-8-8; or
(B) enter into a public-private agreement with an operator with
respect to the toll road under IC 8-15.5.
(b) To complete a transfer under this section, the department must,
with the governor's approval, execute a certificate describing the real
and personal property constituting or to be transferred with the state
highway that is to become a toll road project. Upon delivery of the
certificate to the authority, the real and personal property described in
the certificate is under the jurisdiction and control of the authority.
(c) Notwithstanding any other law, neither the authority nor an
operator may carry out any of the following activities under this section
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).
(3) Carrying out the construction of the Indiana Commerce
Connector within the boundaries of Moral Township in
Shelby County.
(d) As used in this section, "Indiana Commerce Connector"
means a limited access facility beginning at Interstate Highway 69
in Madison County and ending at Interstate Highway 70 in
Hendricks County or Morgan County.".
Renumber all SECTIONS consecutively.
(Reference is to SB 1 as printed February 2, 2007.)
________________________________________
Senator JACKMAN