IC 8-14-14
Chapter 14. Major Moves Construction Fund
IC 8-14-14-1 "Authority"
Sec. 1. As used in this chapter, "authority" refers to the Indiana
finance authority established by IC 4-4-11-4. As added by P.L.47-2006, SEC.5.
IC 8-14-14-2 "Department"
Sec. 2. As used in this chapter, "department" refers to the Indiana
department of transportation. As added by P.L.47-2006, SEC.5.
IC 8-14-14-3 "Fund"
Sec. 3. As used in this chapter, "fund" refers to the major moves
construction fund established by section 5 of this chapter. As added by P.L.47-2006, SEC.5.
IC 8-14-14-4 "Transportation plan"
Sec. 4. As used in this chapter, "transportation plan" refers to the
department's long range comprehensive transportation plan
developed under IC 8-23-2-5. As added by P.L.47-2006, SEC.5.
IC 8-14-14-5 Establishment of fund; administration
Sec. 5. (a) The major moves construction fund is established for
the purpose of:
(1) funding projects, other than passenger or freight railroad
systems as described in IC 8-15.7-2-14(a)(4), under IC 8-15.7
or IC 8-15-3;
(2) funding other projects in the department's transportation
plan; and
(3) funding distributions under sections 6 and 7 of this chapter.
(b) The fund shall be administered by the department.
(c) Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of the
fund in the same manner as money is invested by the public
employees' retirement fund under IC 5-10.3-5. However, the
treasurer of state may not invest the money in the fund in equity
securities. The treasurer of state may contract with investment
management professionals, investment advisors, and legal counsel to
assist in the investment of the fund and may pay the state expenses
incurred under those contracts from the fund. Interest that accrues
from these investments shall be deposited in the fund.
(d) The fund consists of the following:
(1) Distributions to the fund from the toll road fund under
IC 8-15.5-11.
(2) Distributions to the fund from the next generation trust fund
under IC 8-14-15.
(3) Appropriations to the fund.
(4) Gifts, grants, loans, bond proceeds, and other money
received for deposit in the fund.
(5) Revenues arising from:
(A) a tollway under IC 8-15-3 or IC 8-23-7-22; or
(B) a toll road under IC 8-15-2 or IC 8-23-7-23;
that the department designates as part of, and deposits in, the
fund.
(6) Payments, other than payments for passenger or freight
railroad systems as described in IC 8-15.7-2-14(a)(4), made to
the authority or the department from operators under IC 8-15.7.
(7) Interest, premiums, or other earnings on the fund.
(e) The fund is considered a trust fund for purposes of
IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise
removed from the fund by the state board of finance, the budget
agency, or any other state agency.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(g) Money in the fund must be appropriated by the general
assembly to be available for expenditure. As added by P.L.47-2006, SEC.5. Amended by P.L.203-2007, SEC.2.
IC 8-14-14-6 Distributions from the fund
Sec. 6. (a) If the authority enters into a public-private agreement
concerning the Indiana Toll Road under IC 8-15.5, the auditor of
state shall make the following distributions from the fund for the
indicated purposes:
(1) One hundred fifty million dollars ($150,000,000) to the
treasurer of state for deposit in the motor vehicle highway
account established by IC 8-14-1. Notwithstanding IC 8-14-1,
on or before October 15, 2006, and on or before October 15,
2007, the auditor of state shall distribute seventy-five million
dollars ($75,000,000) of the money deposited in the motor
vehicle highway account under this subdivision to each of the
counties, cities, and towns eligible to receive a distribution from
the motor vehicle highway account under IC 8-14-1 and in the
same proportion among the counties, cities, and towns as funds
are distributed from the motor vehicle highway account under
IC 8-14-1. The auditor of state:
(A) shall make the distributions required by this subdivision
separately from distributions required by IC 8-14-1; and
(B) may not combine the distributions required by this
subdivision with distributions required by IC 8-14-1.
Money distributed under this subdivision may be used only for
purposes that money distributed from the motor vehicle
highway account may be expended under IC 8-14-1.
(2) The following amounts to the northwest Indiana regional
development authority for deposit in the development authority
fund established under IC 36-7.5-4-1:
(A) Forty million dollars ($40,000,000) during the state
fiscal year beginning July 1, 2006. During the state fiscal
year beginning July 1, 2006, the regional development
authority must pay at least twenty million dollars
($20,000,000) of the distribution received under this clause
to an airport authority that is carrying out an airport
expansion project described in IC 36-7.5-2-1(2).
(B) Eighty million dollars ($80,000,000) to be distributed in
installments of ten million dollars ($10,000,000) during the
state fiscal year beginning July 1, 2007, and each of the
seven (7) state fiscal years thereafter.
However, no distributions may be made under clause (B) until
the development authority's comprehensive strategic
development plan prepared under IC 36-7.5-3-4 has been
reviewed by the budget committee and approved by the director
of the office of management and budget. In addition, no
distributions may be made under clause (B) during the state
fiscal years beginning July 1, 2009, July 1, 2011, and July 1,
2013, unless the budget committee has reviewed the status of
the plan and any changes to the plan.
(3) The following amounts to each of the following counties on
or before September 15, 2006, for deposit in local major moves
construction funds under IC 8-14-16:
(A) Forty million dollars ($40,000,000) to each county
described in IC 8-14-16-1(1) through IC 8-14-16-1(5).
However, if a county described in IC 8-14-16-1(3) becomes
a member of the northwest Indiana regional development
authority, the distribution to that county is twenty-five
million dollars ($25,000,000) instead of forty million dollars
($40,000,000).
(B) Twenty-five million dollars ($25,000,000) to each
county described in IC 8-14-16-1(6).
(C) Fifteen million dollars ($15,000,000) to each county
described in IC 8-14-16-1(7).
(4) One hundred seventy-nine million dollars ($179,000,000)
during the state fiscal year beginning July 1, 2006, to the state
highway fund for use by the department for preliminary
engineering, purchase of rights-of-way, or construction of
highways, roads, and bridges. After review by the budget
committee, and subject to the approval of the governor, the
budget agency may augment this distribution from balances
available in the fund.
(5) An amount sufficient to provide for the payments owed by
the authority as a result of a written agreement entered into
under IC 8-15.5-7-6 to fund reductions in, or refunds of, user
fees imposed on Class 2 vehicles, or to establish or replenish
the reserves therefore, to the administration account of the toll
road fund. The budget agency shall determine the amount of the
distributions required to be made by this subdivision for each
state fiscal year beginning with the state fiscal year ending June
30, 2007, and ending with the state fiscal year ending June 30,
2016.
(6) An amount sufficient to make any payments required by
IC 5-10.3-6-8.9 as a result of a public-private agreement under
IC 8-15.5.
(b) There is annually appropriated from the fund an amount
sufficient to make any distributions required by subsection (a). As added by P.L.47-2006, SEC.5.
IC 8-14-14-7 Additional distributions from the fund
Sec. 7. (a) In addition to any distributions required by section 6 of
this chapter, money in the fund may be used for any of the following
purposes:
(1) Except as provided in subsection (b), the payment of any
obligation incurred or amounts owed by the authority, the
department, or an operator under IC 8-15-2, IC 8-15-3,
IC 8-15.5, or IC 8-15.7 in connection with the execution and
performance of a public-private agreement under IC 8-15.5 or
IC 8-15.7, including establishing reserves.
(2) Lease payments to the authority, if money for those
payments is specifically appropriated by the general assembly.
(3) Distributions to the treasurer of state for deposit in the state
highway fund, for the funding of any project in the department's
transportation plan.
(b) Money in the fund may not be used for the payment of an
obligation incurred or amounts owed by the authority, the
department, or an operator under IC 8-15.7 in connection with a
public-private agreement under IC 8-15.7 concerning a passenger or
freight railroad system as described in IC 8-15.7-2-14(a)(4). As added by P.L.47-2006, SEC.5. Amended by P.L.203-2007, SEC.3.
IC 8-14-14-8 Allocation of distributions for certain projects
Sec. 8. (a) The total amount of distributions from the fund for
projects or purposes that benefit a county traversed by the Indiana
Toll Road may not be less than thirty-four percent (34%) of:
(1) the money that is transferred to the fund from the toll road
fund under IC 8-15.5-11; plus
(2) the amount initially set aside in the administration account
of the toll road fund to establish an escrow account to
implement a written agreement entered into under IC 8-15.5-7-6
to fund reductions in, or refunds of, user fees imposed on Class
2 vehicles.
(b) The budget agency shall determine the amount of distributions
required by this section. In making the determination, the budget
agency shall include the following amounts:
(1) Amounts distributed to counties traversed by the Indiana
Toll Road under section 6(a)(1) of this chapter.
(2) Money distributed to the northwest Indiana regional
development authority under this chapter.
(3) Money distributed under section 6(a)(3) of this chapter.
(4) Projects carried out by the department in counties traversed
by the Indiana Toll Road and funded with money distributed
under section 6(a)(4)of this chapter.
(5) The amount initially set aside in the administration account
of the toll road fund to establish an escrow account to
implement a written agreement entered into under IC 8-15.5-7-6
to fund reductions in, or refunds of, user fees imposed on Class
2 vehicles.
(6) Money transferred to the administration account of the toll
road fund under section 6(a)(5) of this chapter.
(7) Payments to the public employees' retirement fund required
by section 6(a)(6) of this chapter. As added by P.L.47-2006, SEC.5.
IC 8-14-14
Chapter 14. Major Moves Construction Fund
IC 8-14-14-1 "Authority"
Sec. 1. As used in this chapter, "authority" refers to the Indiana
finance authority established by IC 4-4-11-4. As added by P.L.47-2006, SEC.5.
IC 8-14-14-2 "Department"
Sec. 2. As used in this chapter, "department" refers to the Indiana
department of transportation. As added by P.L.47-2006, SEC.5.
IC 8-14-14-3 "Fund"
Sec. 3. As used in this chapter, "fund" refers to the major moves
construction fund established by section 5 of this chapter. As added by P.L.47-2006, SEC.5.
IC 8-14-14-4 "Transportation plan"
Sec. 4. As used in this chapter, "transportation plan" refers to the
department's long range comprehensive transportation plan
developed under IC 8-23-2-5. As added by P.L.47-2006, SEC.5.
IC 8-14-14-5 Establishment of fund; administration
Sec. 5. (a) The major moves construction fund is established for
the purpose of:
(1) funding projects, other than passenger or freight railroad
systems as described in IC 8-15.7-2-14(a)(4), under IC 8-15.7
or IC 8-15-3;
(2) funding other projects in the department's transportation
plan; and
(3) funding distributions under sections 6 and 7 of this chapter.
(b) The fund shall be administered by the department.
(c) Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of the
fund in the same manner as money is invested by the public
employees' retirement fund under IC 5-10.3-5. However, the
treasurer of state may not invest the money in the fund in equity
securities. The treasurer of state may contract with investment
management professionals, investment advisors, and legal counsel to
assist in the investment of the fund and may pay the state expenses
incurred under those contracts from the fund. Interest that accrues
from these investments shall be deposited in the fund.
(d) The fund consists of the following:
(1) Distributions to the fund from the toll road fund under
IC 8-15.5-11.
(2) Distributions to the fund from the next generation trust fund
under IC 8-14-15.
(3) Appropriations to the fund.
(4) Gifts, grants, loans, bond proceeds, and other money
received for deposit in the fund.
(5) Revenues arising from:
(A) a tollway under IC 8-15-3 or IC 8-23-7-22; or
(B) a toll road under IC 8-15-2 or IC 8-23-7-23;
that the department designates as part of, and deposits in, the
fund.
(6) Payments, other than payments for passenger or freight
railroad systems as described in IC 8-15.7-2-14(a)(4), made to
the authority or the department from operators under IC 8-15.7.
(7) Interest, premiums, or other earnings on the fund.
(e) The fund is considered a trust fund for purposes of
IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise
removed from the fund by the state board of finance, the budget
agency, or any other state agency.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(g) Money in the fund must be appropriated by the general
assembly to be available for expenditure. As added by P.L.47-2006, SEC.5. Amended by P.L.203-2007, SEC.2.
IC 8-14-14-6 Distributions from the fund
Sec. 6. (a) If the authority enters into a public-private agreement
concerning the Indiana Toll Road under IC 8-15.5, the auditor of
state shall make the following distributions from the fund for the
indicated purposes:
(1) One hundred fifty million dollars ($150,000,000) to the
treasurer of state for deposit in the motor vehicle highway
account established by IC 8-14-1. Notwithstanding IC 8-14-1,
on or before October 15, 2006, and on or before October 15,
2007, the auditor of state shall distribute seventy-five million
dollars ($75,000,000) of the money deposited in the motor
vehicle highway account under this subdivision to each of the
counties, cities, and towns eligible to receive a distribution from
the motor vehicle highway account under IC 8-14-1 and in the
same proportion among the counties, cities, and towns as funds
are distributed from the motor vehicle highway account under
IC 8-14-1. The auditor of state:
(A) shall make the distributions required by this subdivision
separately from distributions required by IC 8-14-1; and
(B) may not combine the distributions required by this
subdivision with distributions required by IC 8-14-1.
Money distributed under this subdivision may be used only for
purposes that money distributed from the motor vehicle
highway account may be expended under IC 8-14-1.
(2) The following amounts to the northwest Indiana regional
development authority for deposit in the development authority
fund established under IC 36-7.5-4-1:
(A) Forty million dollars ($40,000,000) during the state
fiscal year beginning July 1, 2006. During the state fiscal
year beginning July 1, 2006, the regional development
authority must pay at least twenty million dollars
($20,000,000) of the distribution received under this clause
to an airport authority that is carrying out an airport
expansion project described in IC 36-7.5-2-1(2).
(B) Eighty million dollars ($80,000,000) to be distributed in
installments of ten million dollars ($10,000,000) during the
state fiscal year beginning July 1, 2007, and each of the
seven (7) state fiscal years thereafter.
However, no distributions may be made under clause (B) until
the development authority's comprehensive strategic
development plan prepared under IC 36-7.5-3-4 has been
reviewed by the budget committee and approved by the director
of the office of management and budget. In addition, no
distributions may be made under clause (B) during the state
fiscal years beginning July 1, 2009, July 1, 2011, and July 1,
2013, unless the budget committee has reviewed the status of
the plan and any changes to the plan.
(3) The following amounts to each of the following counties on
or before September 15, 2006, for deposit in local major moves
construction funds under IC 8-14-16:
(A) Forty million dollars ($40,000,000) to each county
described in IC 8-14-16-1(1) through IC 8-14-16-1(5).
However, if a county described in IC 8-14-16-1(3) becomes
a member of the northwest Indiana regional development
authority, the distribution to that county is twenty-five
million dollars ($25,000,000) instead of forty million dollars
($40,000,000).
(B) Twenty-five million dollars ($25,000,000) to each
county described in IC 8-14-16-1(6).
(C) Fifteen million dollars ($15,000,000) to each county
described in IC 8-14-16-1(7).
(4) One hundred seventy-nine million dollars ($179,000,000)
during the state fiscal year beginning July 1, 2006, to the state
highway fund for use by the department for preliminary
engineering, purchase of rights-of-way, or construction of
highways, roads, and bridges. After review by the budget
committee, and subject to the approval of the governor, the
budget agency may augment this distribution from balances
available in the fund.
(5) An amount sufficient to provide for the payments owed by
the authority as a result of a written agreement entered into
under IC 8-15.5-7-6 to fund reductions in, or refunds of, user
fees imposed on Class 2 vehicles, or to establish or replenish
the reserves therefore, to the administration account of the toll
road fund. The budget agency shall determine the amount of the
distributions required to be made by this subdivision for each
state fiscal year beginning with the state fiscal year ending June
30, 2007, and ending with the state fiscal year ending June 30,
2016.
(6) An amount sufficient to make any payments required by
IC 5-10.3-6-8.9 as a result of a public-private agreement under
IC 8-15.5.
(b) There is annually appropriated from the fund an amount
sufficient to make any distributions required by subsection (a). As added by P.L.47-2006, SEC.5.
IC 8-14-14-7 Additional distributions from the fund
Sec. 7. (a) In addition to any distributions required by section 6 of
this chapter, money in the fund may be used for any of the following
purposes:
(1) Except as provided in subsection (b), the payment of any
obligation incurred or amounts owed by the authority, the
department, or an operator under IC 8-15-2, IC 8-15-3,
IC 8-15.5, or IC 8-15.7 in connection with the execution and
performance of a public-private agreement under IC 8-15.5 or
IC 8-15.7, including establishing reserves.
(2) Lease payments to the authority, if money for those
payments is specifically appropriated by the general assembly.
(3) Distributions to the treasurer of state for deposit in the state
highway fund, for the funding of any project in the department's
transportation plan.
(b) Money in the fund may not be used for the payment of an
obligation incurred or amounts owed by the authority, the
department, or an operator under IC 8-15.7 in connection with a
public-private agreement under IC 8-15.7 concerning a passenger or
freight railroad system as described in IC 8-15.7-2-14(a)(4). As added by P.L.47-2006, SEC.5. Amended by P.L.203-2007, SEC.3.
IC 8-14-14-8 Allocation of distributions for certain projects
Sec. 8. (a) The total amount of distributions from the fund for
projects or purposes that benefit a county traversed by the Indiana
Toll Road may not be less than thirty-four percent (34%) of:
(1) the money that is transferred to the fund from the toll road
fund under IC 8-15.5-11; plus
(2) the amount initially set aside in the administration account
of the toll road fund to establish an escrow account to
implement a written agreement entered into under IC 8-15.5-7-6
to fund reductions in, or refunds of, user fees imposed on Class
2 vehicles.
(b) The budget agency shall determine the amount of distributions
required by this section. In making the determination, the budget
agency shall include the following amounts:
(1) Amounts distributed to counties traversed by the Indiana
Toll Road under section 6(a)(1) of this chapter.
(2) Money distributed to the northwest Indiana regional
development authority under this chapter.
(3) Money distributed under section 6(a)(3) of this chapter.
(4) Projects carried out by the department in counties traversed
by the Indiana Toll Road and funded with money distributed
under section 6(a)(4)of this chapter.
(5) The amount initially set aside in the administration account
of the toll road fund to establish an escrow account to
implement a written agreement entered into under IC 8-15.5-7-6
to fund reductions in, or refunds of, user fees imposed on Class
2 vehicles.
(6) Money transferred to the administration account of the toll
road fund under section 6(a)(5) of this chapter.
(7) Payments to the public employees' retirement fund required
by section 6(a)(6) of this chapter. As added by P.L.47-2006, SEC.5.
IC 8-14-14
Chapter 14. Major Moves Construction Fund
IC 8-14-14-1 "Authority"
Sec. 1. As used in this chapter, "authority" refers to the Indiana
finance authority established by IC 4-4-11-4. As added by P.L.47-2006, SEC.5.
IC 8-14-14-2 "Department"
Sec. 2. As used in this chapter, "department" refers to the Indiana
department of transportation. As added by P.L.47-2006, SEC.5.
IC 8-14-14-3 "Fund"
Sec. 3. As used in this chapter, "fund" refers to the major moves
construction fund established by section 5 of this chapter. As added by P.L.47-2006, SEC.5.
IC 8-14-14-4 "Transportation plan"
Sec. 4. As used in this chapter, "transportation plan" refers to the
department's long range comprehensive transportation plan
developed under IC 8-23-2-5. As added by P.L.47-2006, SEC.5.
IC 8-14-14-5 Establishment of fund; administration
Sec. 5. (a) The major moves construction fund is established for
the purpose of:
(1) funding projects, other than passenger or freight railroad
systems as described in IC 8-15.7-2-14(a)(4), under IC 8-15.7
or IC 8-15-3;
(2) funding other projects in the department's transportation
plan; and
(3) funding distributions under sections 6 and 7 of this chapter.
(b) The fund shall be administered by the department.
(c) Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of the
fund in the same manner as money is invested by the public
employees' retirement fund under IC 5-10.3-5. However, the
treasurer of state may not invest the money in the fund in equity
securities. The treasurer of state may contract with investment
management professionals, investment advisors, and legal counsel to
assist in the investment of the fund and may pay the state expenses
incurred under those contracts from the fund. Interest that accrues
from these investments shall be deposited in the fund.
(d) The fund consists of the following:
(1) Distributions to the fund from the toll road fund under
IC 8-15.5-11.
(2) Distributions to the fund from the next generation trust fund
under IC 8-14-15.
(3) Appropriations to the fund.
(4) Gifts, grants, loans, bond proceeds, and other money
received for deposit in the fund.
(5) Revenues arising from:
(A) a tollway under IC 8-15-3 or IC 8-23-7-22; or
(B) a toll road under IC 8-15-2 or IC 8-23-7-23;
that the department designates as part of, and deposits in, the
fund.
(6) Payments, other than payments for passenger or freight
railroad systems as described in IC 8-15.7-2-14(a)(4), made to
the authority or the department from operators under IC 8-15.7.
(7) Interest, premiums, or other earnings on the fund.
(e) The fund is considered a trust fund for purposes of
IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise
removed from the fund by the state board of finance, the budget
agency, or any other state agency.
(f) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(g) Money in the fund must be appropriated by the general
assembly to be available for expenditure. As added by P.L.47-2006, SEC.5. Amended by P.L.203-2007, SEC.2.
IC 8-14-14-6 Distributions from the fund
Sec. 6. (a) If the authority enters into a public-private agreement
concerning the Indiana Toll Road under IC 8-15.5, the auditor of
state shall make the following distributions from the fund for the
indicated purposes:
(1) One hundred fifty million dollars ($150,000,000) to the
treasurer of state for deposit in the motor vehicle highway
account established by IC 8-14-1. Notwithstanding IC 8-14-1,
on or before October 15, 2006, and on or before October 15,
2007, the auditor of state shall distribute seventy-five million
dollars ($75,000,000) of the money deposited in the motor
vehicle highway account under this subdivision to each of the
counties, cities, and towns eligible to receive a distribution from
the motor vehicle highway account under IC 8-14-1 and in the
same proportion among the counties, cities, and towns as funds
are distributed from the motor vehicle highway account under
IC 8-14-1. The auditor of state:
(A) shall make the distributions required by this subdivision
separately from distributions required by IC 8-14-1; and
(B) may not combine the distributions required by this
subdivision with distributions required by IC 8-14-1.
Money distributed under this subdivision may be used only for
purposes that money distributed from the motor vehicle
highway account may be expended under IC 8-14-1.
(2) The following amounts to the northwest Indiana regional
development authority for deposit in the development authority
fund established under IC 36-7.5-4-1:
(A) Forty million dollars ($40,000,000) during the state
fiscal year beginning July 1, 2006. During the state fiscal
year beginning July 1, 2006, the regional development
authority must pay at least twenty million dollars
($20,000,000) of the distribution received under this clause
to an airport authority that is carrying out an airport
expansion project described in IC 36-7.5-2-1(2).
(B) Eighty million dollars ($80,000,000) to be distributed in
installments of ten million dollars ($10,000,000) during the
state fiscal year beginning July 1, 2007, and each of the
seven (7) state fiscal years thereafter.
However, no distributions may be made under clause (B) until
the development authority's comprehensive strategic
development plan prepared under IC 36-7.5-3-4 has been
reviewed by the budget committee and approved by the director
of the office of management and budget. In addition, no
distributions may be made under clause (B) during the state
fiscal years beginning July 1, 2009, July 1, 2011, and July 1,
2013, unless the budget committee has reviewed the status of
the plan and any changes to the plan.
(3) The following amounts to each of the following counties on
or before September 15, 2006, for deposit in local major moves
construction funds under IC 8-14-16:
(A) Forty million dollars ($40,000,000) to each county
described in IC 8-14-16-1(1) through IC 8-14-16-1(5).
However, if a county described in IC 8-14-16-1(3) becomes
a member of the northwest Indiana regional development
authority, the distribution to that county is twenty-five
million dollars ($25,000,000) instead of forty million dollars
($40,000,000).
(B) Twenty-five million dollars ($25,000,000) to each
county described in IC 8-14-16-1(6).
(C) Fifteen million dollars ($15,000,000) to each county
described in IC 8-14-16-1(7).
(4) One hundred seventy-nine million dollars ($179,000,000)
during the state fiscal year beginning July 1, 2006, to the state
highway fund for use by the department for preliminary
engineering, purchase of rights-of-way, or construction of
highways, roads, and bridges. After review by the budget
committee, and subject to the approval of the governor, the
budget agency may augment this distribution from balances
available in the fund.
(5) An amount sufficient to provide for the payments owed by
the authority as a result of a written agreement entered into
under IC 8-15.5-7-6 to fund reductions in, or refunds of, user
fees imposed on Class 2 vehicles, or to establish or replenish
the reserves therefore, to the administration account of the toll
road fund. The budget agency shall determine the amount of the
distributions required to be made by this subdivision for each
state fiscal year beginning with the state fiscal year ending June
30, 2007, and ending with the state fiscal year ending June 30,
2016.
(6) An amount sufficient to make any payments required by
IC 5-10.3-6-8.9 as a result of a public-private agreement under
IC 8-15.5.
(b) There is annually appropriated from the fund an amount
sufficient to make any distributions required by subsection (a). As added by P.L.47-2006, SEC.5.
IC 8-14-14-7 Additional distributions from the fund
Sec. 7. (a) In addition to any distributions required by section 6 of
this chapter, money in the fund may be used for any of the following
purposes:
(1) Except as provided in subsection (b), the payment of any
obligation incurred or amounts owed by the authority, the
department, or an operator under IC 8-15-2, IC 8-15-3,
IC 8-15.5, or IC 8-15.7 in connection with the execution and
performance of a public-private agreement under IC 8-15.5 or
IC 8-15.7, including establishing reserves.
(2) Lease payments to the authority, if money for those
payments is specifically appropriated by the general assembly.
(3) Distributions to the treasurer of state for deposit in the state
highway fund, for the funding of any project in the department's
transportation plan.
(b) Money in the fund may not be used for the payment of an
obligation incurred or amounts owed by the authority, the
department, or an operator under IC 8-15.7 in connection with a
public-private agreement under IC 8-15.7 concerning a passenger or
freight railroad system as described in IC 8-15.7-2-14(a)(4). As added by P.L.47-2006, SEC.5. Amended by P.L.203-2007, SEC.3.
IC 8-14-14-8 Allocation of distributions for certain projects
Sec. 8. (a) The total amount of distributions from the fund for
projects or purposes that benefit a county traversed by the Indiana
Toll Road may not be less than thirty-four percent (34%) of:
(1) the money that is transferred to the fund from the toll road
fund under IC 8-15.5-11; plus
(2) the amount initially set aside in the administration account
of the toll road fund to establish an escrow account to
implement a written agreement entered into under IC 8-15.5-7-6
to fund reductions in, or refunds of, user fees imposed on Class
2 vehicles.
(b) The budget agency shall determine the amount of distributions
required by this section. In making the determination, the budget
agency shall include the following amounts:
(1) Amounts distributed to counties traversed by the Indiana
Toll Road under section 6(a)(1) of this chapter.
(2) Money distributed to the northwest Indiana regional
development authority under this chapter.
(3) Money distributed under section 6(a)(3) of this chapter.
(4) Projects carried out by the department in counties traversed
by the Indiana Toll Road and funded with money distributed
under section 6(a)(4)of this chapter.
(5) The amount initially set aside in the administration account
of the toll road fund to establish an escrow account to
implement a written agreement entered into under IC 8-15.5-7-6
to fund reductions in, or refunds of, user fees imposed on Class
2 vehicles.
(6) Money transferred to the administration account of the toll
road fund under section 6(a)(5) of this chapter.
(7) Payments to the public employees' retirement fund required
by section 6(a)(6) of this chapter. As added by P.L.47-2006, SEC.5.
