Bill Text: IN SB0382 | 2010 | Regular Session | Introduced
Bill Title: Public-private agreements.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 03/18/2010 [SB0382 Detail]
Download: Indiana-2010-SB0382-Introduced.html
Citations Affected: IC 8-15-3-9; IC 8-15.5; IC 8-15.7; IC 8-23-7-22.
Synopsis: Illiana Expressway. For purposes of statutes concerning
approval of the location of a tollway or the designation of a state
highway as a tollway, permits the designation of the Illiana Expressway
as a tollway (current law prohibits such a designation without
legislative authorization). For purposes of the statutes governing
public-private agreements by the Indiana finance authority or the
department of transportation concerning toll roads or tollways,
authorizes a public-private agreement for a project concerning the
Illiana Expressway (current law prohibits such an agreement without
legislative authorization) that would permit an operator to impose tolls
for the operation of motor vehicles. Specifies that the common
construction wage statute applies to a project for the Illiana
Expressway.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
(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); or
(B) the Illiana Expressway, a limited access facility
connecting Interstate Highway 65 in northwestern Indiana
with Interstate Highway 55 in Illinois.
(2) 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) 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).
(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 Interstate Highway 55 in Illinois. 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) 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).
(b) IC 5-16-7 concerning the common construction wage applies to 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 Interstate Highway 55 in Illinois.
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; or
(B) the Illiana Expressway, a limited access facility
connecting Interstate Highway 65 in northwestern Indiana
with Interstate Highway 55 in Illinois.
(2) 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) 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.
(b) IC 5-16-7 concerning the common construction wage applies to 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 Interstate Highway 55 in Illinois.
(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); or
(B) the Illiana Expressway, a limited access facility connecting Interstate Highway 65 in northwestern Indiana with Interstate Highway 55 in Illinois;
should become a tollway.
(2) 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) 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).
