IN
Indiana Senate Bill SB0166

Indiana 2022 Regular Session

Indiana Senate Bill SB0166 Compare Versions

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1+*ES0166.1*
2+February 10, 2022
3+ENGROSSED
4+SENATE BILL No. 166
5+_____
6+DIGEST OF SB 166 (Updated February 10, 2022 11:39 am - DI 139)
7+Citations Affected: IC 5-23; IC 6-1.1; IC 6-2.5.
8+Synopsis: Public-private agreements. Provides that a governmental
9+body may enter into a public-private agreement with respect to a
10+transportation project. Provides that any public-private agreement with
11+respect to a transportation project may use availability payments to
12+finance all or a portion of the project. Provides that a governmental
13+body may also enter into a development agreement with a private party
14+for the development, construction, and financing of a privately owned
15+and operated transportation or infrastructure project if the development
16+agreement meets certain conditions. Specifies the contents of public-
17+private agreements for transportation facilities or transportation
18+projects and establishes requirements for the operator of the
19+transportation facility or transportation project. Provides for a property
20+tax exemption and a sales tax exemption. Defines terms.
21+Effective: July 1, 2022; January 1, 2023.
22+Walker K, Holdman, Ford Jon,
23+Randolph Lonnie M, Buck
24+(HOUSE SPONSOR — PRESSEL)
25+January 4, 2022, read first time and referred to Committee on Tax and Fiscal Policy.
26+January 25, 2022, amended, reported favorably — Do Pass.
27+January 31, 2022, read second time, amended, ordered engrossed.
28+February 1, 2022, engrossed. Read third time, passed. Yeas 49, nays 0.
29+HOUSE ACTION
30+February 7, 2022, read first time and referred to Committee on Roads and Transportation.
31+February 10, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
32+Means pursuant to Rule 127.
33+ES 166—LS 6587/DI 134 February 10, 2022
134 Second Regular Session of the 122nd General Assembly (2022)
235 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
336 Constitution) is being amended, the text of the existing provision will appear in this style type,
437 additions will appear in this style type, and deletions will appear in this style type.
538 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
639 provision adopted), the text of the new provision will appear in this style type. Also, the
740 word NEW will appear in that style type in the introductory clause of each SECTION that adds
841 a new provision to the Indiana Code or the Indiana Constitution.
942 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1043 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 166
12-AN ACT to amend the Indiana Code concerning state and local
13-administration.
44+ENGROSSED
45+SENATE BILL No. 166
46+A BILL FOR AN ACT to amend the Indiana Code concerning state
47+and local administration.
1448 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 5-23-2-1.5 IS ADDED TO THE INDIANA CODE
49+1 SECTION 1. IC 5-23-2-1.5 IS ADDED TO THE INDIANA CODE
50+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
51+3 1, 2022]: Sec. 1.5. "Availability payment" means any funding
52+4 stream, whether from a private, local, state, or federal source that
53+5 the governmental body is authorized to use for the construction,
54+6 maintenance, financing, or operations of any transportation
55+7 infrastructure located within the boundaries of the governmental
56+8 body.
57+9 SECTION 2. IC 5-23-2-5.5 IS ADDED TO THE INDIANA CODE
58+10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
59+11 1, 2022]: Sec. 5.5. "Develop" means to plan, design, finance, lease,
60+12 acquire, install, construct, or expand under a public-private
61+13 agreement.
62+14 SECTION 3. IC 5-23-2-6.3 IS ADDED TO THE INDIANA CODE
63+15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
64+16 1, 2022]: Sec. 6.3. "Material default" means a nonperformance of
65+17 its duties by the operator of a public-private agreement which
66+ES 166—LS 6587/DI 134 2
67+1 jeopardizes adequate service to the public from the project.
68+2 SECTION 4. IC 5-23-2-6.9 IS ADDED TO THE INDIANA CODE
69+3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
70+4 1, 2022]: Sec. 6.9. "Operate" means to finance, maintain, improve,
71+5 equip, modify, or repair.
72+6 SECTION 5. IC 5-23-2-15.3 IS ADDED TO THE INDIANA CODE
73+7 AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
74+8 1, 2022]: Sec. 15.3. "Qualifying project" refers to either of the
75+9 following:
76+10 (1) A transportation facility.
77+11 (2) A transportation project.
78+12 SECTION 6. IC 5-23-2-15.5 IS ADDED TO THE INDIANA CODE
79+13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
80+14 1, 2022]: Sec. 15.5. (a) "Revenues" means the income, earnings,
81+15 lease payments, or other service payments relating to the
82+16 development or operation of a transportation facility or
83+17 transportation project.
84+18 (b) The term includes, but is not limited to, money received as
85+19 grants or otherwise from the governmental body, the federal
86+20 government, the state, a public entity, or an agency or
87+21 instrumentality thereof in aid of the qualifying project.
88+22 SECTION 7. IC 5-23-2-17 IS ADDED TO THE INDIANA CODE
89+23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
90+24 1, 2022]: Sec. 17. "Transportation facility" means any new or
91+25 existing road, highway, toll highway, bridge, tunnel, or intermodal
92+26 facility, located in the jurisdiction of a governmental body.
93+27 SECTION 8. IC 5-23-2-18 IS ADDED TO THE INDIANA CODE
94+28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
95+29 1, 2022]: Sec. 18. "Transportation project" means any combination
96+30 of the development, financing, or operation with respect to all or
97+31 a portion of any transportation facility located in the jurisdiction
98+32 of a governmental body.
99+33 SECTION 9. IC 5-23-8 IS ADDED TO THE INDIANA CODE AS
100+34 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
101+35 1, 2022]:
102+36 Chapter 8. Transportation and Infrastructure Projects
103+37 Sec. 1. (a) A governmental body may enter into a public-private
104+38 agreement with respect to a transportation project, if the
105+39 governmental body complies with the statutory requirements
106+40 under this article. Any public-private agreement with respect to a
107+41 transportation project may use availability payments to finance all
108+42 or a portion of the project.
109+ES 166—LS 6587/DI 134 3
110+1 (b) A governmental body may also enter into a development
111+2 agreement with a private party for the development, construction,
112+3 and financing of a privately owned and operated transportation or
113+4 infrastructure project if the development agreement:
114+5 (1) does not obligate the governmental body to spend any
115+6 public funds for the privately owned and operated
116+7 transportation or infrastructure project;
117+8 (2) obligates the private party to operate the transportation or
118+9 infrastructure project without limitation on the persons, class
119+10 of persons, or vehicles using the project, except as may be
120+11 dictated by safety, security, design, and load capacities of the
121+12 project; and
122+13 (3) obligates the private party to permit local, state, and
123+14 federal emergency vehicles, including vehicles operated by
124+15 police, fire, emergency medical services, and sheriff
125+16 personnel, to use the transportation project without tolls or
126+17 fees.
127+18 Sec. 2. (a) Before developing or operating the qualifying project,
128+19 the operator must enter into a public-private agreement with the
129+20 governmental body. The public-private agreement must provide
130+21 for the following:
131+22 (1) Delivery of performance and payment bonds, letters of
132+23 credit, or other security acceptable to the governmental body
133+24 in connection with the development or operation of the
134+25 qualifying project in the form and amount required by
135+26 IC 5-23-3-2(a)(8).
136+27 (2) Review of the design for the qualifying project by the
137+28 governmental body and, if the design conforms to standards
138+29 acceptable to the governmental body, the approval of the
139+30 governmental body. This subdivision does not require the
140+31 operator to complete the design of the qualifying project
141+32 before the execution of the public-private agreement.
142+33 (3) Inspection of the qualifying project by the governmental
143+34 body to ensure that the operator's activities are acceptable to
144+35 the governmental body as outlined in the public-private
145+36 agreement.
146+37 (4) Maintenance of a policy of public liability insurance, a
147+38 copy of which must be filed with the governmental body and
148+39 accompanied by proofs of coverage, or self-insurance, each in
149+40 the form and amount satisfactory to the governmental body
150+41 and reasonably sufficient to ensure coverage of tort liability
151+42 to the public and employees and to enable the continued
152+ES 166—LS 6587/DI 134 4
153+1 operation of the qualifying project.
154+2 (5) Monitoring by the governmental body of the maintenance
155+3 practices to be performed by the operator to ensure that the
156+4 qualifying project is properly maintained.
157+5 (6) Periodic filing by the operator of the appropriate financial
158+6 statements that pertain to the qualifying project.
159+7 (7) Procedures that govern the rights and responsibilities of
160+8 the governmental body and the operator in the course of the
161+9 construction and operation of the qualifying project and in
162+10 the event of the termination of the public-private agreement
163+11 or a material default by the operator. The procedures must
164+12 include conditions that govern the assumption of the duties
165+13 and responsibilities of the operator by an entity that funded,
166+14 in whole or part, the qualifying project or by the
167+15 governmental body, and must provide for the transfer or
168+16 purchase of property or other interests of the operator by the
169+17 governmental body.
170+18 (8) Have safeguards in place to ensure that additional costs or
171+19 service disruptions are not imposed on the public in the event
172+20 of material default or cancellation of the public-private
173+21 agreement by the governmental body.
174+22 (9) Have safeguards in place to ensure that the governmental
175+23 body or operator has the opportunity to add capacity to the
176+24 proposed qualifying project or other facilities serving similar
177+25 predominantly public purposes.
178+26 (10) Duties of the operator, including the terms and conditions
179+27 that the governmental body determines serve the public
180+28 purpose of this section.
181+29 (b) The public-private agreement under this chapter may
182+30 include the following:
183+31 (1) An agreement by the governmental body to make grants
184+32 or loans to the operator from amounts received from the
185+33 federal, state, or local government or an agency or
186+34 instrumentality thereof.
187+35 (2) A provision under which each entity agrees to provide
188+36 notice of default and cure rights for the benefit of the other
189+37 entity, including, but not limited to, a provision regarding
190+38 unavoidable delays.
191+39 (3) A provision that terminates the authority and duties of the
192+40 operator under this section and dedicates the qualifying
193+41 project to the governmental body.
194+42 Sec. 3. (a) The operator shall do the following:
195+ES 166—LS 6587/DI 134 5
196+1 (1) Develop or operate the qualifying project in a manner that
197+2 is acceptable to the governmental body in accordance with the
198+3 provisions of the public-private agreement.
199+4 (2) Maintain or provide by contract for the maintenance or
200+5 improvement of the qualifying project if required by the
201+6 public-private agreement.
202+7 (3) Cooperate with the governmental body in making best
203+8 efforts to establish interconnection between the qualifying
204+9 project and any other facility or infrastructure as requested
205+10 by the governmental body in accordance with the provisions
206+11 of the public-private agreement.
207+12 (4) Comply with the operating agreement.
208+13 (b) Each private facility that is constructed under this section
209+14 must comply with the requirements of the following:
210+15 (1) Federal, state, and local laws.
211+16 (2) State, regional, and local comprehensive plans.
212+17 (3) The governmental body's rules, procedures, and standards
213+18 for facilities.
214+19 (4) All other conditions that the governmental body
215+20 determines to be in the public's best interest and that are
216+21 included in the public-private agreement.
217+22 (c) The governmental body may provide services to the operator
218+23 at its option. An agreement for maintenance and other services
219+24 entered into under this section must provide for full
220+25 reimbursement for services rendered for qualifying projects.
221+26 (d) An operator of a qualifying project may provide additional
222+27 services for the qualifying project to the public or to other private
223+28 entities if the provision of additional services does not impair the
224+29 operator's ability to meet its commitments to the governmental
225+30 body under the public-private agreement.
226+31 SECTION 10. IC 6-1.1-10-49 IS ADDED TO THE INDIANA
227+32 CODE AS A NEW SECTION TO READ AS FOLLOWS
228+33 [EFFECTIVE JULY 1, 2022]: Sec. 49. (a) This section applies to
229+34 assessment dates occurring after December 31, 2022.
230+35 (b) Tangible property (including without limitation, land,
231+36 personal property, real property, and improvements to land) is
232+37 exempt from property taxation if the property is used as a part of
233+38 or incorporated into a transportation facility (as defined
234+39 IC 5-23-2-17) under a public-private agreement executed in
235+40 accordance with IC 5-23-8-1(a) or a development agreement
236+41 executed in accordance with IC 5-23-8-1(b).
237+42 (c) The application of the exemption described in subsection (b)
238+ES 166—LS 6587/DI 134 6
239+1 shall apply to otherwise qualifying tangible property irrespective
240+2 of the owner or taxpayer of the property or when such property
241+3 was placed in service.
242+4 SECTION 11. IC 6-2.5-5-56 IS ADDED TO THE INDIANA CODE
243+5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
244+6 JANUARY 1, 2023]: Sec. 56. (a) Transactions involving tangible
245+7 personal property are exempt from the state gross retail tax if the
246+8 person acquiring the property acquires it for incorporation into a
247+9 transportation facility (as defined in IC 5-23-2-17) under a:
248+10 (1) public-private agreement executed in accordance with
249+11 IC 5-23-8-1(a); or
250+12 (2) development agreement executed in accordance with
251+13 IC 5-23-8-1(b).
252+14 (b) The exemption described in subsection (a) shall not apply to
253+15 the extent that the applicable public-private agreement or
254+16 development agreement is entered into before January 1, 2023.
255+ES 166—LS 6587/DI 134 7
256+COMMITTEE REPORT
257+Madam President: The Senate Committee on Tax and Fiscal Policy,
258+to which was referred Senate Bill No. 166, has had the same under
259+consideration and begs leave to report the same back to the Senate with
260+the recommendation that said bill be AMENDED as follows:
261+Page 1, between the enacting clause and line 1, begin a new
262+paragraph and insert:
263+"SECTION 1. IC 5-23-2-1.5 IS ADDED TO THE INDIANA CODE
16264 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17265 1, 2022]: Sec. 1.5. "Availability payment" means any funding
18266 stream, whether from a private, local, state, or federal source that
19267 the governmental body is authorized to use for the construction,
20268 maintenance, financing, or operations of any transportation
21269 infrastructure located within the boundaries of the governmental
22270 body.
23271 SECTION 2. IC 5-23-2-5.5 IS ADDED TO THE INDIANA CODE
24272 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
25273 1, 2022]: Sec. 5.5. "Develop" means to plan, design, finance, lease,
26274 acquire, install, construct, or expand under a public-private
27275 agreement.
28276 SECTION 3. IC 5-23-2-6.3 IS ADDED TO THE INDIANA CODE
29277 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30278 1, 2022]: Sec. 6.3. "Material default" means a nonperformance of
31279 its duties by the operator of a public-private agreement which
32280 jeopardizes adequate service to the public from the project.
33281 SECTION 4. IC 5-23-2-6.9 IS ADDED TO THE INDIANA CODE
34282 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35283 1, 2022]: Sec. 6.9. "Operate" means to finance, maintain, improve,
36-SEA 166 — Concur 2
37284 equip, modify, or repair.
38285 SECTION 5. IC 5-23-2-15.3 IS ADDED TO THE INDIANA CODE
39-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
286+AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40287 1, 2022]: Sec. 15.3. "Qualifying project" refers to either of the
41288 following:
42289 (1) A transportation facility.
43290 (2) A transportation project.
44-SECTION 6. IC 5-23-2-15.5 IS ADDED TO THE INDIANA CODE
291+SECTION 5. IC 5-23-2-15.5 IS ADDED TO THE INDIANA CODE
45292 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
46293 1, 2022]: Sec. 15.5. (a) "Revenues" means the income, earnings,
47294 lease payments, or other service payments relating to the
48295 development or operation of a transportation facility or
49296 transportation project.
50297 (b) The term includes, but is not limited to, money received as
298+ES 166—LS 6587/DI 134 8
51299 grants or otherwise from the governmental body, the federal
52300 government, the state, a public entity, or an agency or
53-instrumentality thereof in aid of the qualifying project.
54-SECTION 7. IC 5-23-2-17 IS ADDED TO THE INDIANA CODE
55-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
56-1, 2022]: Sec. 17. "Transportation facility" means any new or
57-existing road, highway, toll highway, bridge, tunnel, railroad (as
58-defined in IC 8-3-1-2), or intermodal facility, located in the
59-jurisdiction of a governmental body.
60-SECTION 8. IC 5-23-2-18 IS ADDED TO THE INDIANA CODE
61-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
62-1, 2022]: Sec. 18. "Transportation project" means any combination
63-of the development, financing, or operation with respect to all or
64-a portion of any transportation facility located in the jurisdiction
65-of a governmental body.
66-SECTION 9. IC 5-23-8 IS ADDED TO THE INDIANA CODE AS
67-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
68-1, 2022]:
69-Chapter 8. Transportation and Infrastructure Projects
70-Sec. 1. (a) A governmental body may enter into a public-private
71-agreement with respect to a transportation project, if the
72-governmental body complies with the statutory requirements
73-under this article. Any public-private agreement with respect to a
74-transportation project may use availability payments to finance all
75-or a portion of the project.
76-(b) A governmental body may also enter into a development
77-agreement with a private party for the development, construction,
78-and financing of a privately owned and operated transportation or
79-SEA 166 — Concur 3
80-infrastructure project if the development agreement:
81-(1) does not obligate the governmental body to spend any
82-public funds for the privately owned and operated
83-transportation or infrastructure project;
84-(2) obligates the private party to operate the transportation or
85-infrastructure project without limitation on the persons, class
86-of persons, or vehicles using the project, except as may be
87-dictated by safety, security, design, and load capacities of the
88-project; and
89-(3) obligates the private party to permit local, state, and
90-federal emergency vehicles, including vehicles operated by
91-police, fire, emergency medical services, and sheriff
92-personnel, to use the transportation project without tolls or
93-fees.
94-Sec. 2. (a) Before developing or operating the qualifying project,
95-the operator must enter into a public-private agreement with the
96-governmental body. The public-private agreement must provide
97-for the following:
301+instrumentality thereof in aid of the qualifying project.".
302+Page 1, line 6, delete "under" and insert "located in".
303+Page 1, line 12, delete "under" and insert "located in".
304+Page 2, line 1, delete "Sec. 1." and insert "Sec. 0.5. This chapter
305+applies to public-private agreements in counties that have a
306+population of more than one hundred ninety-nine thousand
307+(199,000) persons, according to the most recent United States
308+decennial census.
309+Sec. 1.".
310+Page 2, line 5, delete "tolling or".
311+Page 2, line 18, delete "or" and insert "and".
312+Page 2, delete lines 24 through 42, begin a new paragraph and
313+insert:
314+"Sec. 2. (a) Before developing or operating the transportation
315+facility or transportation project, the operator must enter into a
316+public-private agreement with the governmental body. The
317+public-private agreement must provide for the following:
98318 (1) Delivery of performance and payment bonds, letters of
99319 credit, or other security acceptable to the governmental body
100320 in connection with the development or operation of the
101-qualifying project in the form and amount required by
102-IC 5-23-3-2(a)(8).
321+project in the form and amount required by IC 5-23-3-2(a)(8).
103322 (2) Review of the design for the qualifying project by the
104323 governmental body and, if the design conforms to standards
105324 acceptable to the governmental body, the approval of the
106325 governmental body. This subdivision does not require the
107326 operator to complete the design of the qualifying project
108327 before the execution of the public-private agreement.
109328 (3) Inspection of the qualifying project by the governmental
110329 body to ensure that the operator's activities are acceptable to
111330 the governmental body as outlined in the public-private
112331 agreement.
113332 (4) Maintenance of a policy of public liability insurance, a
114333 copy of which must be filed with the governmental body and
115334 accompanied by proofs of coverage, or self-insurance, each in
116335 the form and amount satisfactory to the governmental body
117336 and reasonably sufficient to ensure coverage of tort liability
118337 to the public and employees and to enable the continued
119338 operation of the qualifying project.
120339 (5) Monitoring by the governmental body of the maintenance
121340 practices to be performed by the operator to ensure that the
122-SEA 166 — Concur 4
341+ES 166—LS 6587/DI 134 9
123342 qualifying project is properly maintained.
124343 (6) Periodic filing by the operator of the appropriate financial
125344 statements that pertain to the qualifying project.
126345 (7) Procedures that govern the rights and responsibilities of
127346 the governmental body and the operator in the course of the
128347 construction and operation of the qualifying project and in
129348 the event of the termination of the public-private agreement
130349 or a material default by the operator. The procedures must
131350 include conditions that govern the assumption of the duties
132351 and responsibilities of the operator by an entity that funded,
133352 in whole or part, the qualifying project or by the
134353 governmental body, and must provide for the transfer or
135354 purchase of property or other interests of the operator by the
136355 governmental body.
137356 (8) Have safeguards in place to ensure that additional costs or
138357 service disruptions are not imposed on the public in the event
139358 of material default or cancellation of the public-private
140359 agreement by the governmental body.
141360 (9) Have safeguards in place to ensure that the governmental
142361 body or operator has the opportunity to add capacity to the
143-proposed qualifying project or other facilities serving similar
362+proposed project or other facilities serving similar
144363 predominantly public purposes.
145364 (10) Duties of the operator, including the terms and conditions
146365 that the governmental body determines serve the public
147366 purpose of this section.
148367 (b) The public-private agreement under this chapter may
149368 include the following:
150369 (1) An agreement by the governmental body to make grants
151370 or loans to the operator from amounts received from the
152371 federal, state, or local government or an agency or
153372 instrumentality thereof.
154373 (2) A provision under which each entity agrees to provide
155374 notice of default and cure rights for the benefit of the other
156375 entity, including, but not limited to, a provision regarding
157376 unavoidable delays.
158377 (3) A provision that terminates the authority and duties of the
159378 operator under this section and dedicates the qualifying
160379 project to the governmental body.
161380 Sec. 3. (a) The operator shall do the following:
162381 (1) Develop or operate the qualifying project in a manner that
163382 is acceptable to the governmental body in accordance with the
164383 provisions of the public- private agreement.
165-SEA 166 — Concur 5
384+ES 166—LS 6587/DI 134 10
166385 (2) Maintain or provide by contract for the maintenance or
167386 improvement of the qualifying project if required by the
168387 public-private agreement.
169388 (3) Cooperate with the governmental body in making best
170389 efforts to establish interconnection between the qualifying
171390 project and any other facility or infrastructure as requested
172391 by the governmental body in accordance with the provisions
173392 of the public-private agreement.
174393 (4) Comply with the operating agreement.
175394 (b) Each private facility that is constructed under this section
176395 must comply with the requirements of the following:
177396 (1) Federal, state, and local laws.
178397 (2) State, regional, and local comprehensive plans.
179398 (3) The governmental body's rules, procedures, and standards
180399 for facilities.
181400 (4) All other conditions that the governmental body
182401 determines to be in the public's best interest and that are
183402 included in the public-private agreement.
184403 (c) The governmental body may provide services to the operator
185404 at its option. An agreement for maintenance and other services
186405 entered into under this section must provide for full
187406 reimbursement for services rendered for qualifying projects.
188-(d) An operator of a qualifying project may provide additional
407+(d) A operator of a qualifying project may provide additional
189408 services for the qualifying project to the public or to other private
190409 entities if the provision of additional services does not impair the
191410 operator's ability to meet its commitments to the governmental
192411 body under the public-private agreement.
193-SECTION 10. IC 6-1.1-10-49 IS ADDED TO THE INDIANA
194-CODE AS A NEW SECTION TO READ AS FOLLOWS
195-[EFFECTIVE JULY 1, 2022]: Sec. 49. (a) This section applies to
196-assessment dates occurring after December 31, 2022.
412+SECTION 4. IC 6-1.1-10-49 IS ADDED TO THE INDIANA CODE
413+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
414+1, 2022]: Sec. 49. (a) This section applies to assessment dates
415+occurring after December 31, 2022.
197416 (b) Tangible property (including without limitation, land,
198417 personal property, real property, and improvements to land) is
199418 exempt from property taxation if the property is used as a part of
200419 or incorporated into a transportation facility (as defined
201420 IC 5-23-2-17) under a public-private agreement executed in
202421 accordance with IC 5-23-8-1(a) or a development agreement
203422 executed in accordance with IC 5-23-8-1(b).
204423 (c) The application of the exemption described in subsection (b)
205424 shall apply to otherwise qualifying tangible property irrespective
206425 of the owner or taxpayer of the property or when such property
207426 was placed in service.
208-SEA 166 — Concur 6
209-SECTION 11. IC 6-2.5-5-56 IS ADDED TO THE INDIANA CODE
427+ES 166—LS 6587/DI 134 11
428+SECTION 5. IC 6-2.5-5-56 IS ADDED TO THE INDIANA CODE
210429 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
211430 JANUARY 1, 2023]: Sec. 56. (a) Transactions involving tangible
212431 personal property are exempt from the state gross retail tax if the
213432 person acquiring the property acquires it for incorporation into a
214433 transportation facility (as defined in IC 5-23-2-17) under a:
215434 (1) public-private agreement executed in accordance with
216435 IC 5-23-8-1(a); or
217436 (2) development agreement executed in accordance with
218437 IC 5-23-8-1(b).
219438 (b) The exemption described in subsection (a) shall not apply to
220439 the extent that the applicable public-private agreement or
221-development agreement is entered into before January 1, 2023.
222-SEA 166 — Concur President of the Senate
223-President Pro Tempore
224-Speaker of the House of Representatives
225-Governor of the State of Indiana
226-Date: Time:
227-SEA 166 — Concur
440+development agreement is entered into before January 1, 2023.".
441+Page 3, delete lines 1 through 17.
442+Renumber all SECTIONS consecutively.
443+and when so amended that said bill do pass.
444+(Reference is to SB 166 as introduced.)
445+HOLDMAN, Chairperson
446+Committee Vote: Yeas 13, Nays 0.
447+_____
448+SENATE MOTION
449+Madam President: I move that Senate Bill 166 be amended to read
450+as follows:
451+Page 2, line 25, after "tunnel," insert "or".
452+Page 2, line 26, delete "intercity or high speed passenger or
453+commercial rail, or".
454+Page 2, line 27, delete "other transportation facility or
455+infrastructure,".
456+Page 5, line 8, delete "public- private" and insert "public-private".
457+Page 5, line 31, after "(d)" delete "A" and insert "An".
458+Renumber all SECTIONS consecutively.
459+(Reference is to SB 166 as printed January 26, 2022.)
460+WALKER K
461+ES 166—LS 6587/DI 134 12
462+COMMITTEE REPORT
463+Mr. Speaker: Your Committee on Roads and Transportation, to
464+which was referred Senate Bill 166, has had the same under
465+consideration and begs leave to report the same back to the House with
466+the recommendation that said bill be amended as follows:
467+Page 2, delete lines 37 through 40.
468+Page 3, line 22, delete "transportation" and insert "qualifying
469+project,".
470+Page 3, line 23, delete "facility or transportation project,".
471+ Page 3, line 28, after "operation of the" insert "qualifying".
472+Page 4, line 27, after "proposed" insert "qualifying".
473+Renumber all SECTIONS consecutively.
474+and when so amended that said bill do pass.
475+(Reference is to SB 166 as reprinted February 1, 2022.)
476+PRESSEL
477+Committee Vote: yeas 11, nays 0.
478+ES 166—LS 6587/DI 134