Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 157
AN ACT to amend the Indiana Code concerning transportation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-20.5-7-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) This section
applies only to the following:
(1) The transfer of property to a political subdivision under
section 10 of this chapter.
(2) The sale of property under sections 11 through 16 of this
chapter.
(b) This section does not apply under the following circumstances:
(1) The lease of property for a term of four (4) years or less.
(2) If the commissioner or agency real estate professional
determines that the value of the property is likely to be less than
either of the following:
(A) Five Ten thousand dollars ($5,000). ($10,000).
(B) An amount established by the department in rules adopted
under IC 4-22-2.
(c) The property shall be appraised by an appraiser who has the
qualifications determined by the commissioner.
(d) The transferring agency shall pay for the cost of the appraisal.
SECTION 2. IC 8-15.5-1-2, AS AMENDED BY P.L.165-2021,
SECTION 129, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2. (a) This article contains full and
complete authority for public-private agreements between the authority,
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a private entity, and, where applicable, a governmental 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 project that is the subject of a public-private agreement to be
constructed, acquired, maintained, repaired, operated, financed,
transferred, or conveyed.
(b) Before the authority or the department may issue a request for
proposals for or enter into a public-private agreement under this article
that would authorize an operator to impose user fees for the operation
of motor vehicles on all or part of a toll road project, the general
assembly must adopt a statute authorizing the imposition of user fees.
However, during the period beginning July 1, 2011, and ending June
30, 2023, June 30, 2031, the general assembly is not required to enact
a statute authorizing the authority or the department to issue a request
for proposals or enter into a public-private agreement to authorize an
operator to impose user fees for the operation of motor vehicles on all
or part of the following projects:
(1) A project on which construction begins after June 30, 2011,
not including any part of Interstate Highway 69 other than a part
described in subdivision (4).
(2) The addition of toll lanes, including high occupancy toll lanes,
to a highway, roadway, or other facility in existence on July 1,
2011, if the number of nontolled lanes on the highway, roadway,
or facility as of July 1, 2011, does not decrease due to the addition
of the toll lanes.
(3) The Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an interstate
highway in Illinois.
(4) A project that is located within a metropolitan planning area
(as defined by 23 U.S.C. 134) and that connects the state of
Indiana with the commonwealth of Kentucky.
However, neither the authority nor the department may issue a request
for proposals for a public-private agreement under this article that
would authorize an operator to impose user fees unless the budget
committee has reviewed the request for proposals.
(c) Except as provided in subsection (b), before the authority or an
operator may carry out any of the following activities under this article,
the general assembly must enact a statute authorizing that activity:
(1) Imposing user fees on motor vehicles for use of Interstate
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Highway 69.
(2) Imposing user fees on motor vehicles for use of a nontolled
highway, roadway, or other facility in existence or under
construction on July 1, 2011, including nontolled interstate
highways, U.S. routes, and state routes.
(d) The general assembly is not required to enact a statute
authorizing the authority or the department to issue a request for
proposals or enter into a public-private agreement for a freeway
project.
(e) The authority may enter into a public-private agreement for a
facility project if the general assembly, by statute, authorizes the
authority to enter into a public-private agreement for the facility
project.
(f) As permitted by subsection (e), the general assembly authorizes
the authority to enter into public-private agreements for a state park inn
and related improvements in an existing state park located in a county
with a population of more than two hundred thousand (200,000) and
less than three hundred thousand (300,000).
SECTION 3. IC 8-15.7-1-5, AS AMENDED BY P.L.165-2021,
SECTION 131, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 5. (a) This article contains full and
complete authority for agreements and leases with private entities to
carry out the activities described in this article. Except as provided 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 for the department to enter
into a public-private agreement with a private entity under this article
for a project to be constructed, maintained, repaired, or operated, 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. However, this article may not be construed to:
(1) limit the power of the authority, the department, or a private
entity to enter an agreement; or
(2) impose any procedural or substantive requirements on the
authority, the department, or a private entity;
concerning a project (as defined by IC 8-15.5-2-7) carried out under
IC 8-15.5.
(b) Notwithstanding any other law, and except as provided in
subsection (d), before the department, the authority, or an operator may
enter into public-private agreements that impose user fees on motor
vehicles for use of:
(1) Interstate Highway 69; or
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(2) nontolled highways, roadways, or other facilities in existence
or under construction on July 1, 2011, including nontolled
interstate highways, U.S. routes, and state routes;
the general assembly must enact a statute authorizing that activity.
(c) Notwithstanding 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.
(d) During the period beginning July 1, 2011, and ending June 30,
2023, June 30, 2031, the general assembly is not required to enact a
statute authorizing the department, the authority, or an operator to issue
a request for proposals for, or enter into, a public-private agreement
that imposes user fees for the operation of motor vehicles for the
following projects:
(1) A project on which construction begins after June 30, 2011,
not including any part of Interstate Highway 69 other than a part
described in subdivision (4).
(2) The addition of toll lanes, including high occupancy toll lanes,
to a highway, roadway, or other facility in existence on July 1,
2011, if the number of nontolled lanes on the highway, roadway,
or facility as of July 1, 2011, does not decrease due to the addition
of the toll lanes.
(3) The Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an interstate
highway in Illinois.
(4) A project that is located within a metropolitan planning area
(as defined by 23 U.S.C. 134) and that connects the state of
Indiana with the commonwealth of Kentucky.
(e) The following apply:
(1) The authority shall be a party to any public-private agreement
entered into pursuant to this article that requires payments to be
made to an operator after the operator receives final payment for
construction.
(2) The authority may issue bonds or refunding bonds under
IC 5-1.2-4 to provide funds for any amounts identified under this
article but is not required to comply with IC 8-9.5-8-10.
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SECTION 4. IC 8-23-7-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 2.5. (a) Except as provided in subsection (b), real
property to be acquired by the department for a purpose described
in section 2 of this chapter shall be appraised before the initiation
of negotiations.
(b) An appraisal is not required if:
(1) the owner is donating the property and releases the agency
from its obligation to appraise the property; or
(2) the agency determines that an appraisal is unnecessary
because the valuation problem is uncomplicated and the
anticipated value of the proposed acquisition is estimated at
less than ten thousand dollars ($10,000) based on a review of
available data.
(c) When an appraisal is determined to be unnecessary, the
agency shall prepare a waiver valuation. A person preparing or
reviewing a waiver valuation is precluded from complying with
Standard Rules 1, 2, 3, and 4 of the Uniform Standards of
Professional Appraisal Practice, as in effect in the current edition,
as promulgated by the Appraisal Standards Board of the Appraisal
Foundation.
(d) A person performing a waiver valuation under subsection (c)
must have sufficient understanding of the local real estate market
to be qualified to make the waiver valuation.
SECTION 5. IC 8-23-7-13, AS AMENDED BY P.L.246-2005,
SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. If the department determines that real property
owned in fee simple by the department will not be needed for a purpose
described in section 2 of this chapter, the commissioner may, with the
approval of the budget agency, issue an order describing the surplus
property and offering the surplus property for sale at or above its fair
market value as determined by:
(1) appraisers of the department, if the value of the property is
at least ten thousand dollars ($10,000); or
(2) agency real estate professionals, if the value of the
property is less than ten thousand dollars ($10,000).
The department may combine or divide parcels of surplus property to
facilitate the sale of the property.
SECTION 6. IC 8-23-7-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. If the appraised
value of real property determined to be surplus under section 13 of this
chapter does not exceed four is less than ten thousand dollars ($4,000),
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($10,000), the department may sell the surplus property without
advertising or competitive bids for not less than the full appraised value
of the surplus property upon approval by the commissioner and the
governor.
SECTION 7. IC 8-23-7-22, AS AMENDED BY P.L.165-2021,
SECTION 133, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 22. (a) Subject to subsection (b),
the department may, after issuing an order and receiving the governor's
approval, determine that a state highway should become a tollway.
After the order becomes effective, the department shall maintain and
operate the tollway and levy and collect tolls as provided in IC 8-15-3
or enter into a public-private agreement with an operator with respect
to the tollway under IC 8-15.7. Before issuing an order under this
section, the department shall submit to the governor a plan to bring the
tollway to the current design standards of the department for new state
highways within a specified period. The specified period may not
exceed five (5) years.
(b) Before the governor, the department, or an operator may carry
out any of the following activities under this section, the general
assembly must enact a statute authorizing that activity:
(1) Determine that a highway that is in existence or under
construction on July 1, 2011, should become a tollway.
(2) Impose tolls on motor vehicles for use of Interstate Highway
69.
(c) Notwithstanding subsection (b), during the period beginning July
1, 2011, and ending June 30, 2023, June 30, 2031, the general
assembly is not required to enact a statute authorizing the governor, the
department, or an operator to determine that all or part of the following
projects should become a tollway:
(1) A project on which construction begins after June 30, 2011,
not including any part of Interstate Highway 69 other than a part
described in subdivision (4).
(2) The addition of toll lanes, including high occupancy toll lanes,
to a highway, roadway, or other facility in existence on July 1,
2011, if the number of nontolled lanes on the highway, roadway,
or facility as of July 1, 2011, does not decrease due to the addition
of the toll lanes.
(3) The Illiana Expressway, a limited access facility connecting
Interstate Highway 65 in northwestern Indiana with an interstate
highway in Illinois.
(4) A project that is located within a metropolitan planning area
(as defined by 23 U.S.C. 134) and that connects the state of
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Indiana with the commonwealth of Kentucky.
SEA 157 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 157