IN
Indiana Senate Bill SB0157

Indiana 2022 Regular Session

Indiana Senate Bill SB0157 Compare Versions

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1+*SB0157.1*
2+January 12, 2022
3+SENATE BILL No. 157
4+_____
5+DIGEST OF SB 157 (Updated January 11, 2022 10:48 am - DI 140)
6+Citations Affected: IC 4-20.5; IC 8-15.5; IC 8-15.7; IC 8-23.
7+Synopsis: Disposition of real property by INDOT. Provides that an
8+agency real estate professional may determine the fair market value of
9+real property the department of transportation (INDOT) owns and is
10+seeking to sell under certain conditions. Makes conforming changes.
11+Provides that real property shall be appraised prior to acquisition by
12+INDOT, except under certain conditions concerning donation and
13+valuation of the real property. Requires INDOT to prepare a waiver
14+valuation if an appraisal is unnecessary. Suspends certain rules for
15+persons preparing or reviewing a waiver valuation. Provides that
16+INDOT may sell real property without advertising or competitive bids
17+under certain circumstances. Extends the sunset of certain public-
18+private agreement provisions from June 30, 2023, to June 30, 2031.
19+Effective: July 1, 2022.
20+Crider
21+January 4, 2022, read first time and referred to Committee on Homeland Security and
22+Transportation.
23+January 11, 2022, reported favorably — Do Pass.
24+SB 157—LS 6767/DI 143 January 12, 2022
125 Second Regular Session of the 122nd General Assembly (2022)
226 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
327 Constitution) is being amended, the text of the existing provision will appear in this style type,
428 additions will appear in this style type, and deletions will appear in this style type.
529 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
630 provision adopted), the text of the new provision will appear in this style type. Also, the
731 word NEW will appear in that style type in the introductory clause of each SECTION that adds
832 a new provision to the Indiana Code or the Indiana Constitution.
933 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1034 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 157
12-AN ACT to amend the Indiana Code concerning transportation.
35+SENATE BILL No. 157
36+A BILL FOR AN ACT to amend the Indiana Code concerning
37+transportation.
1338 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 4-20.5-7-9 IS AMENDED TO READ AS
15-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) This section
16-applies only to the following:
17-(1) The transfer of property to a political subdivision under
18-section 10 of this chapter.
19-(2) The sale of property under sections 11 through 16 of this
20-chapter.
21-(b) This section does not apply under the following circumstances:
22-(1) The lease of property for a term of four (4) years or less.
23-(2) If the commissioner or agency real estate professional
24-determines that the value of the property is likely to be less than
25-either of the following:
26-(A) Five Ten thousand dollars ($5,000). ($10,000).
27-(B) An amount established by the department in rules adopted
28-under IC 4-22-2.
29-(c) The property shall be appraised by an appraiser who has the
30-qualifications determined by the commissioner.
31-(d) The transferring agency shall pay for the cost of the appraisal.
32-SECTION 2. IC 8-15.5-1-2, AS AMENDED BY P.L.165-2021,
33-SECTION 129, IS AMENDED TO READ AS FOLLOWS
34-[EFFECTIVE JULY 1, 2022]: Sec. 2. (a) This article contains full and
35-complete authority for public-private agreements between the authority,
36-SEA 157 2
37-a private entity, and, where applicable, a governmental entity. Except
38-as provided in this article, no law, procedure, proceeding, publication,
39-notice, consent, approval, order, or act by the authority or any other
40-officer, department, agency, or instrumentality of the state or any
41-political subdivision is required for the authority to enter into a
42-public-private agreement with a private entity under this article, or for
43-a project that is the subject of a public-private agreement to be
44-constructed, acquired, maintained, repaired, operated, financed,
45-transferred, or conveyed.
46-(b) Before the authority or the department may issue a request for
47-proposals for or enter into a public-private agreement under this article
48-that would authorize an operator to impose user fees for the operation
49-of motor vehicles on all or part of a toll road project, the general
50-assembly must adopt a statute authorizing the imposition of user fees.
51-However, during the period beginning July 1, 2011, and ending June
52-30, 2023, June 30, 2031, the general assembly is not required to enact
53-a statute authorizing the authority or the department to issue a request
54-for proposals or enter into a public-private agreement to authorize an
55-operator to impose user fees for the operation of motor vehicles on all
56-or part of the following projects:
57-(1) A project on which construction begins after June 30, 2011,
58-not including any part of Interstate Highway 69 other than a part
59-described in subdivision (4).
60-(2) The addition of toll lanes, including high occupancy toll lanes,
61-to a highway, roadway, or other facility in existence on July 1,
62-2011, if the number of nontolled lanes on the highway, roadway,
63-or facility as of July 1, 2011, does not decrease due to the addition
64-of the toll lanes.
65-(3) The Illiana Expressway, a limited access facility connecting
66-Interstate Highway 65 in northwestern Indiana with an interstate
67-highway in Illinois.
68-(4) A project that is located within a metropolitan planning area
69-(as defined by 23 U.S.C. 134) and that connects the state of
70-Indiana with the commonwealth of Kentucky.
71-However, neither the authority nor the department may issue a request
72-for proposals for a public-private agreement under this article that
73-would authorize an operator to impose user fees unless the budget
74-committee has reviewed the request for proposals.
75-(c) Except as provided in subsection (b), before the authority or an
76-operator may carry out any of the following activities under this article,
77-the general assembly must enact a statute authorizing that activity:
78-(1) Imposing user fees on motor vehicles for use of Interstate
79-SEA 157 3
80-Highway 69.
81-(2) Imposing user fees on motor vehicles for use of a nontolled
82-highway, roadway, or other facility in existence or under
83-construction on July 1, 2011, including nontolled interstate
84-highways, U.S. routes, and state routes.
85-(d) The general assembly is not required to enact a statute
86-authorizing the authority or the department to issue a request for
87-proposals or enter into a public-private agreement for a freeway
88-project.
89-(e) The authority may enter into a public-private agreement for a
90-facility project if the general assembly, by statute, authorizes the
91-authority to enter into a public-private agreement for the facility
92-project.
93-(f) As permitted by subsection (e), the general assembly authorizes
94-the authority to enter into public-private agreements for a state park inn
95-and related improvements in an existing state park located in a county
96-with a population of more than two hundred thousand (200,000) and
97-less than three hundred thousand (300,000).
98-SECTION 3. IC 8-15.7-1-5, AS AMENDED BY P.L.165-2021,
99-SECTION 131, IS AMENDED TO READ AS FOLLOWS
100-[EFFECTIVE JULY 1, 2022]: Sec. 5. (a) This article contains full and
101-complete authority for agreements and leases with private entities to
102-carry out the activities described in this article. Except as provided in
103-this article, no procedure, proceeding, publication, notice, consent,
104-approval, order, or act by the authority, the department, or any other
105-state or local agency or official is required for the department to enter
106-into a public-private agreement with a private entity under this article
107-for a project to be constructed, maintained, repaired, or operated, and
108-no law to the contrary affects, limits, or diminishes the authority for
109-agreements and leases with private entities, except as provided by this
110-article. However, this article may not be construed to:
111-(1) limit the power of the authority, the department, or a private
112-entity to enter an agreement; or
113-(2) impose any procedural or substantive requirements on the
114-authority, the department, or a private entity;
115-concerning a project (as defined by IC 8-15.5-2-7) carried out under
116-IC 8-15.5.
117-(b) Notwithstanding any other law, and except as provided in
118-subsection (d), before the department, the authority, or an operator may
119-enter into public-private agreements that impose user fees on motor
120-vehicles for use of:
121-(1) Interstate Highway 69; or
122-SEA 157 4
123-(2) nontolled highways, roadways, or other facilities in existence
124-or under construction on July 1, 2011, including nontolled
125-interstate highways, U.S. routes, and state routes;
126-the general assembly must enact a statute authorizing that activity.
127-(c) Notwithstanding any other law, the department or the authority
128-may enter into a public-private agreement concerning a project
129-consisting of a passenger or freight railroad system described in
130-IC 8-15.7-2-14(a)(4). Such an agreement is subject to review and
131-appropriation by the general assembly. However, this subsection does
132-not prohibit the department from:
133-(1) conducting preliminary studies that the department considers
134-necessary to determine the feasibility of such a project; or
135-(2) issuing a request for qualifications or a request for proposals,
136-or both, under IC 8-15.7-4 for such a project.
137-(d) During the period beginning July 1, 2011, and ending June 30,
138-2023, June 30, 2031, the general assembly is not required to enact a
139-statute authorizing the department, the authority, or an operator to issue
140-a request for proposals for, or enter into, a public-private agreement
141-that imposes user fees for the operation of motor vehicles for the
142-following projects:
143-(1) A project on which construction begins after June 30, 2011,
144-not including any part of Interstate Highway 69 other than a part
145-described in subdivision (4).
146-(2) The addition of toll lanes, including high occupancy toll lanes,
147-to a highway, roadway, or other facility in existence on July 1,
148-2011, if the number of nontolled lanes on the highway, roadway,
149-or facility as of July 1, 2011, does not decrease due to the addition
150-of the toll lanes.
151-(3) The Illiana Expressway, a limited access facility connecting
152-Interstate Highway 65 in northwestern Indiana with an interstate
153-highway in Illinois.
154-(4) A project that is located within a metropolitan planning area
155-(as defined by 23 U.S.C. 134) and that connects the state of
156-Indiana with the commonwealth of Kentucky.
157-(e) The following apply:
158-(1) The authority shall be a party to any public-private agreement
159-entered into pursuant to this article that requires payments to be
160-made to an operator after the operator receives final payment for
161-construction.
162-(2) The authority may issue bonds or refunding bonds under
163-IC 5-1.2-4 to provide funds for any amounts identified under this
164-article but is not required to comply with IC 8-9.5-8-10.
165-SEA 157 5
166-SECTION 4. IC 8-23-7-2.5 IS ADDED TO THE INDIANA CODE
167-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
168-1, 2022]: Sec. 2.5. (a) Except as provided in subsection (b), real
169-property to be acquired by the department for a purpose described
170-in section 2 of this chapter shall be appraised before the initiation
171-of negotiations.
172-(b) An appraisal is not required if:
173-(1) the owner is donating the property and releases the agency
174-from its obligation to appraise the property; or
175-(2) the agency determines that an appraisal is unnecessary
176-because the valuation problem is uncomplicated and the
177-anticipated value of the proposed acquisition is estimated at
178-less than ten thousand dollars ($10,000) based on a review of
179-available data.
180-(c) When an appraisal is determined to be unnecessary, the
181-agency shall prepare a waiver valuation. A person preparing or
182-reviewing a waiver valuation is precluded from complying with
183-Standard Rules 1, 2, 3, and 4 of the Uniform Standards of
184-Professional Appraisal Practice, as in effect in the current edition,
185-as promulgated by the Appraisal Standards Board of the Appraisal
186-Foundation.
187-(d) A person performing a waiver valuation under subsection (c)
188-must have sufficient understanding of the local real estate market
189-to be qualified to make the waiver valuation.
190-SECTION 5. IC 8-23-7-13, AS AMENDED BY P.L.246-2005,
191-SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
192-JULY 1, 2022]: Sec. 13. If the department determines that real property
193-owned in fee simple by the department will not be needed for a purpose
194-described in section 2 of this chapter, the commissioner may, with the
195-approval of the budget agency, issue an order describing the surplus
196-property and offering the surplus property for sale at or above its fair
197-market value as determined by:
198-(1) appraisers of the department, if the value of the property is
199-at least ten thousand dollars ($10,000); or
200-(2) agency real estate professionals, if the value of the
201-property is less than ten thousand dollars ($10,000).
202-The department may combine or divide parcels of surplus property to
203-facilitate the sale of the property.
204-SECTION 6. IC 8-23-7-16 IS AMENDED TO READ AS
205-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. If the appraised
206-value of real property determined to be surplus under section 13 of this
207-chapter does not exceed four is less than ten thousand dollars ($4,000),
208-SEA 157 6
209-($10,000), the department may sell the surplus property without
210-advertising or competitive bids for not less than the full appraised value
211-of the surplus property upon approval by the commissioner and the
212-governor.
213-SECTION 7. IC 8-23-7-22, AS AMENDED BY P.L.165-2021,
214-SECTION 133, IS AMENDED TO READ AS FOLLOWS
215-[EFFECTIVE JULY 1, 2022]: Sec. 22. (a) Subject to subsection (b),
216-the department may, after issuing an order and receiving the governor's
217-approval, determine that a state highway should become a tollway.
218-After the order becomes effective, the department shall maintain and
219-operate the tollway and levy and collect tolls as provided in IC 8-15-3
220-or enter into a public-private agreement with an operator with respect
221-to the tollway under IC 8-15.7. Before issuing an order under this
222-section, the department shall submit to the governor a plan to bring the
223-tollway to the current design standards of the department for new state
224-highways within a specified period. The specified period may not
225-exceed five (5) years.
226-(b) Before the governor, the department, or an operator may carry
227-out any of the following activities under this section, the general
228-assembly must enact a statute authorizing that activity:
229-(1) Determine that a highway that is in existence or under
230-construction on July 1, 2011, should become a tollway.
231-(2) Impose tolls on motor vehicles for use of Interstate Highway
232-69.
233-(c) Notwithstanding subsection (b), during the period beginning July
234-1, 2011, and ending June 30, 2023, June 30, 2031, the general
235-assembly is not required to enact a statute authorizing the governor, the
236-department, or an operator to determine that all or part of the following
237-projects should become a tollway:
238-(1) A project on which construction begins after June 30, 2011,
239-not including any part of Interstate Highway 69 other than a part
240-described in subdivision (4).
241-(2) The addition of toll lanes, including high occupancy toll lanes,
242-to a highway, roadway, or other facility in existence on July 1,
243-2011, if the number of nontolled lanes on the highway, roadway,
244-or facility as of July 1, 2011, does not decrease due to the addition
245-of the toll lanes.
246-(3) The Illiana Expressway, a limited access facility connecting
247-Interstate Highway 65 in northwestern Indiana with an interstate
248-highway in Illinois.
249-(4) A project that is located within a metropolitan planning area
250-(as defined by 23 U.S.C. 134) and that connects the state of
251-SEA 157 7
252-Indiana with the commonwealth of Kentucky.
253-SEA 157 President of the Senate
254-President Pro Tempore
255-Speaker of the House of Representatives
256-Governor of the State of Indiana
257-Date: Time:
258-SEA 157
39+1 SECTION 1. IC 4-20.5-7-9 IS AMENDED TO READ AS
40+2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) This section
41+3 applies only to the following:
42+4 (1) The transfer of property to a political subdivision under
43+5 section 10 of this chapter.
44+6 (2) The sale of property under sections 11 through 16 of this
45+7 chapter.
46+8 (b) This section does not apply under the following circumstances:
47+9 (1) The lease of property for a term of four (4) years or less.
48+10 (2) If the commissioner or agency real estate professional
49+11 determines that the value of the property is likely to be less than
50+12 either of the following:
51+13 (A) Five Ten thousand dollars ($5,000). ($10,000).
52+14 (B) An amount established by the department in rules adopted
53+15 under IC 4-22-2.
54+16 (c) The property shall be appraised by an appraiser who has the
55+17 qualifications determined by the commissioner.
56+SB 157—LS 6767/DI 143 2
57+1 (d) The transferring agency shall pay for the cost of the appraisal.
58+2 SECTION 2. IC 8-15.5-1-2, AS AMENDED BY P.L.165-2021,
59+3 SECTION 129, IS AMENDED TO READ AS FOLLOWS
60+4 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) This article contains full and
61+5 complete authority for public-private agreements between the authority,
62+6 a private entity, and, where applicable, a governmental entity. Except
63+7 as provided in this article, no law, procedure, proceeding, publication,
64+8 notice, consent, approval, order, or act by the authority or any other
65+9 officer, department, agency, or instrumentality of the state or any
66+10 political subdivision is required for the authority to enter into a
67+11 public-private agreement with a private entity under this article, or for
68+12 a project that is the subject of a public-private agreement to be
69+13 constructed, acquired, maintained, repaired, operated, financed,
70+14 transferred, or conveyed.
71+15 (b) Before the authority or the department may issue a request for
72+16 proposals for or enter into a public-private agreement under this article
73+17 that would authorize an operator to impose user fees for the operation
74+18 of motor vehicles on all or part of a toll road project, the general
75+19 assembly must adopt a statute authorizing the imposition of user fees.
76+20 However, during the period beginning July 1, 2011, and ending June
77+21 30, 2023, June 30, 2031, the general assembly is not required to enact
78+22 a statute authorizing the authority or the department to issue a request
79+23 for proposals or enter into a public-private agreement to authorize an
80+24 operator to impose user fees for the operation of motor vehicles on all
81+25 or part of the following projects:
82+26 (1) A project on which construction begins after June 30, 2011,
83+27 not including any part of Interstate Highway 69 other than a part
84+28 described in subdivision (4).
85+29 (2) The addition of toll lanes, including high occupancy toll lanes,
86+30 to a highway, roadway, or other facility in existence on July 1,
87+31 2011, if the number of nontolled lanes on the highway, roadway,
88+32 or facility as of July 1, 2011, does not decrease due to the addition
89+33 of the toll lanes.
90+34 (3) The Illiana Expressway, a limited access facility connecting
91+35 Interstate Highway 65 in northwestern Indiana with an interstate
92+36 highway in Illinois.
93+37 (4) A project that is located within a metropolitan planning area
94+38 (as defined by 23 U.S.C. 134) and that connects the state of
95+39 Indiana with the commonwealth of Kentucky.
96+40 However, neither the authority nor the department may issue a request
97+41 for proposals for a public-private agreement under this article that
98+42 would authorize an operator to impose user fees unless the budget
99+SB 157—LS 6767/DI 143 3
100+1 committee has reviewed the request for proposals.
101+2 (c) Except as provided in subsection (b), before the authority or an
102+3 operator may carry out any of the following activities under this article,
103+4 the general assembly must enact a statute authorizing that activity:
104+5 (1) Imposing user fees on motor vehicles for use of Interstate
105+6 Highway 69.
106+7 (2) Imposing user fees on motor vehicles for use of a nontolled
107+8 highway, roadway, or other facility in existence or under
108+9 construction on July 1, 2011, including nontolled interstate
109+10 highways, U.S. routes, and state routes.
110+11 (d) The general assembly is not required to enact a statute
111+12 authorizing the authority or the department to issue a request for
112+13 proposals or enter into a public-private agreement for a freeway
113+14 project.
114+15 (e) The authority may enter into a public-private agreement for a
115+16 facility project if the general assembly, by statute, authorizes the
116+17 authority to enter into a public-private agreement for the facility
117+18 project.
118+19 (f) As permitted by subsection (e), the general assembly authorizes
119+20 the authority to enter into public-private agreements for a state park inn
120+21 and related improvements in an existing state park located in a county
121+22 with a population of more than two hundred thousand (200,000) and
122+23 less than three hundred thousand (300,000).
123+24 SECTION 3. IC 8-15.7-1-5, AS AMENDED BY P.L.165-2021,
124+25 SECTION 131, IS AMENDED TO READ AS FOLLOWS
125+26 [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) This article contains full and
126+27 complete authority for agreements and leases with private entities to
127+28 carry out the activities described in this article. Except as provided in
128+29 this article, no procedure, proceeding, publication, notice, consent,
129+30 approval, order, or act by the authority, the department, or any other
130+31 state or local agency or official is required for the department to enter
131+32 into a public-private agreement with a private entity under this article
132+33 for a project to be constructed, maintained, repaired, or operated, and
133+34 no law to the contrary affects, limits, or diminishes the authority for
134+35 agreements and leases with private entities, except as provided by this
135+36 article. However, this article may not be construed to:
136+37 (1) limit the power of the authority, the department, or a private
137+38 entity to enter an agreement; or
138+39 (2) impose any procedural or substantive requirements on the
139+40 authority, the department, or a private entity;
140+41 concerning a project (as defined by IC 8-15.5-2-7) carried out under
141+42 IC 8-15.5.
142+SB 157—LS 6767/DI 143 4
143+1 (b) Notwithstanding any other law, and except as provided in
144+2 subsection (d), before the department, the authority, or an operator may
145+3 enter into public-private agreements that impose user fees on motor
146+4 vehicles for use of:
147+5 (1) Interstate Highway 69; or
148+6 (2) nontolled highways, roadways, or other facilities in existence
149+7 or under construction on July 1, 2011, including nontolled
150+8 interstate highways, U.S. routes, and state routes;
151+9 the general assembly must enact a statute authorizing that activity.
152+10 (c) Notwithstanding any other law, the department or the authority
153+11 may enter into a public-private agreement concerning a project
154+12 consisting of a passenger or freight railroad system described in
155+13 IC 8-15.7-2-14(a)(4). Such an agreement is subject to review and
156+14 appropriation by the general assembly. However, this subsection does
157+15 not prohibit the department from:
158+16 (1) conducting preliminary studies that the department considers
159+17 necessary to determine the feasibility of such a project; or
160+18 (2) issuing a request for qualifications or a request for proposals,
161+19 or both, under IC 8-15.7-4 for such a project.
162+20 (d) During the period beginning July 1, 2011, and ending June 30,
163+21 2023, June 30, 2031, the general assembly is not required to enact a
164+22 statute authorizing the department, the authority, or an operator to issue
165+23 a request for proposals for, or enter into, a public-private agreement
166+24 that imposes user fees for the operation of motor vehicles for the
167+25 following projects:
168+26 (1) A project on which construction begins after June 30, 2011,
169+27 not including any part of Interstate Highway 69 other than a part
170+28 described in subdivision (4).
171+29 (2) The addition of toll lanes, including high occupancy toll lanes,
172+30 to a highway, roadway, or other facility in existence on July 1,
173+31 2011, if the number of nontolled lanes on the highway, roadway,
174+32 or facility as of July 1, 2011, does not decrease due to the addition
175+33 of the toll lanes.
176+34 (3) The Illiana Expressway, a limited access facility connecting
177+35 Interstate Highway 65 in northwestern Indiana with an interstate
178+36 highway in Illinois.
179+37 (4) A project that is located within a metropolitan planning area
180+38 (as defined by 23 U.S.C. 134) and that connects the state of
181+39 Indiana with the commonwealth of Kentucky.
182+40 (e) The following apply:
183+41 (1) The authority shall be a party to any public-private agreement
184+42 entered into pursuant to this article that requires payments to be
185+SB 157—LS 6767/DI 143 5
186+1 made to an operator after the operator receives final payment for
187+2 construction.
188+3 (2) The authority may issue bonds or refunding bonds under
189+4 IC 5-1.2-4 to provide funds for any amounts identified under this
190+5 article but is not required to comply with IC 8-9.5-8-10.
191+6 SECTION 4. IC 8-23-7-2.5 IS ADDED TO THE INDIANA CODE
192+7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
193+8 1, 2022]: Sec. 2.5. (a) Except as provided in subsection (b), real
194+9 property to be acquired by the department for a purpose described
195+10 in section 2 of this chapter shall be appraised before the initiation
196+11 of negotiations.
197+12 (b) An appraisal is not required if:
198+13 (1) the owner is donating the property and releases the agency
199+14 from its obligation to appraise the property; or
200+15 (2) the agency determines that an appraisal is unnecessary
201+16 because the valuation problem is uncomplicated and the
202+17 anticipated value of the proposed acquisition is estimated at
203+18 less than ten thousand dollars ($10,000) based on a review of
204+19 available data.
205+20 (c) When an appraisal is determined to be unnecessary, the
206+21 agency shall prepare a waiver valuation. A person preparing or
207+22 reviewing a waiver valuation is precluded from complying with
208+23 Standard Rules 1, 2, 3, and 4 of the Uniform Standards of
209+24 Professional Appraisal Practice, as in effect in the current edition,
210+25 as promulgated by the Appraisal Standards Board of the Appraisal
211+26 Foundation.
212+27 (d) A person performing a waiver valuation under subsection (c)
213+28 must have sufficient understanding of the local real estate market
214+29 to be qualified to make the waiver valuation.
215+30 SECTION 5. IC 8-23-7-13, AS AMENDED BY P.L.246-2005,
216+31 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
217+32 JULY 1, 2022]: Sec. 13. If the department determines that real property
218+33 owned in fee simple by the department will not be needed for a purpose
219+34 described in section 2 of this chapter, the commissioner may, with the
220+35 approval of the budget agency, issue an order describing the surplus
221+36 property and offering the surplus property for sale at or above its fair
222+37 market value as determined by:
223+38 (1) appraisers of the department, if the value of the property is
224+39 at least ten thousand dollars ($10,000); or
225+40 (2) agency real estate professionals, if the value of the
226+41 property is less than ten thousand dollars ($10,000).
227+42 The department may combine or divide parcels of surplus property to
228+SB 157—LS 6767/DI 143 6
229+1 facilitate the sale of the property.
230+2 SECTION 6. IC 8-23-7-16 IS AMENDED TO READ AS
231+3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. If the appraised
232+4 value of real property determined to be surplus under section 13 of this
233+5 chapter does not exceed four is less than ten thousand dollars ($4,000),
234+6 ($10,000), the department may sell the surplus property without
235+7 advertising or competitive bids for not less than the full appraised value
236+8 of the surplus property upon approval by the commissioner and the
237+9 governor.
238+10 SECTION 7. IC 8-23-7-22, AS AMENDED BY P.L.165-2021,
239+11 SECTION 133, IS AMENDED TO READ AS FOLLOWS
240+12 [EFFECTIVE JULY 1, 2022]: Sec. 22. (a) Subject to subsection (b),
241+13 the department may, after issuing an order and receiving the governor's
242+14 approval, determine that a state highway should become a tollway.
243+15 After the order becomes effective, the department shall maintain and
244+16 operate the tollway and levy and collect tolls as provided in IC 8-15-3
245+17 or enter into a public-private agreement with an operator with respect
246+18 to the tollway under IC 8-15.7. Before issuing an order under this
247+19 section, the department shall submit to the governor a plan to bring the
248+20 tollway to the current design standards of the department for new state
249+21 highways within a specified period. The specified period may not
250+22 exceed five (5) years.
251+23 (b) Before the governor, the department, or an operator may carry
252+24 out any of the following activities under this section, the general
253+25 assembly must enact a statute authorizing that activity:
254+26 (1) Determine that a highway that is in existence or under
255+27 construction on July 1, 2011, should become a tollway.
256+28 (2) Impose tolls on motor vehicles for use of Interstate Highway
257+29 69.
258+30 (c) Notwithstanding subsection (b), during the period beginning July
259+31 1, 2011, and ending June 30, 2023, June 30, 2031, the general
260+32 assembly is not required to enact a statute authorizing the governor, the
261+33 department, or an operator to determine that all or part of the following
262+34 projects should become a tollway:
263+35 (1) A project on which construction begins after June 30, 2011,
264+36 not including any part of Interstate Highway 69 other than a part
265+37 described in subdivision (4).
266+38 (2) The addition of toll lanes, including high occupancy toll lanes,
267+39 to a highway, roadway, or other facility in existence on July 1,
268+40 2011, if the number of nontolled lanes on the highway, roadway,
269+41 or facility as of July 1, 2011, does not decrease due to the addition
270+42 of the toll lanes.
271+SB 157—LS 6767/DI 143 7
272+1 (3) The Illiana Expressway, a limited access facility connecting
273+2 Interstate Highway 65 in northwestern Indiana with an interstate
274+3 highway in Illinois.
275+4 (4) A project that is located within a metropolitan planning area
276+5 (as defined by 23 U.S.C. 134) and that connects the state of
277+6 Indiana with the commonwealth of Kentucky.
278+SB 157—LS 6767/DI 143 8
279+COMMITTEE REPORT
280+Madam President: The Senate Committee on Homeland Security
281+and Transportation, to which was referred Senate Bill No. 157, has had
282+the same under consideration and begs leave to report the same back
283+to the Senate with the recommendation that said bill DO PASS.
284+ (Reference is to SB 157 as introduced.)
285+
286+CRIDER, Chairperson
287+Committee Vote: Yeas 6, Nays 1
288+SB 157—LS 6767/DI 143