Bill Amendment: IL SB2804 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: NEW HARMONY BRIDGE COMPACT ACT

Status: 2018-08-19 - Public Act . . . . . . . . . 100-0981 [SB2804 Detail]

Download: Illinois-2017-SB2804-Senate_Amendment_002.html

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Sen. Dale A. Righter

Filed: 5/8/2018

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AMENDMENT TO SENATE BILL 2804
AMENDMENT NO. ______. Amend Senate Bill 2804 by replacing
everything after the enacting clause with the following:
"PART 5. NEW HARMONY BRIDGE INTERSTATE COMPACT ACT
Section 5-1. Short title. This Part may be cited as the New
Harmony Bridge Interstate Compact Act. References in this Part
to "this Act" mean this Part.
Section 5-5. Findings; intent. The General Assembly finds
that the New Harmony Bridge, which crosses the Wabash River
south of Interstate 64 and has an entrance span in Illinois and
Indiana, is in need of rehabilitation. The White County Bridge
Commission, a private entity created by Congress in 1941, lacks
the resources necessary to rehabilitate and maintain the
bridge. The New Harmony Bridge provides an important link
between this State and Indiana. The rehabilitation and

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continued use of the New Harmony Bridge is essential to
preserve and improve the public welfare and prosperity of the
people of this State. It is in the best interests of the public
welfare and public safety that this State and the State of
Indiana work together to repair and maintain this historical
bridge. The intent of this Act is to ensure that the New
Harmony Bridge is rehabilitated and maintained so that it can
meet the needs of motorists for years to come.
Section 5-10. Compact creating commission. No later than
January 1, 2019, the Governor, by and with the advice and
consent of the Senate, shall appoint 3 commissioners to enter
into a compact on behalf of this State with the State of
Indiana. If the Senate is not in session at the time for making
appointments, the Governor shall make temporary appointments
as in the case of a vacancy. No more than 2 members appointed
by the Governor may be from the same political party. The 3
commissioners so appointed may act to enter into the following
compact:
COMPACT BETWEEN ILLINOIS AND INDIANA CREATING THE NEW HARMONY
BRIDGE BI-STATE COMMISSION
ARTICLE I
There is created the New Harmony Bridge Bi-State
Commission, a body corporate and politic having the following
powers and duties:
(1) Contingent upon the Commission's ability to secure

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federal financing, to engage in negotiations for the
acceptance, rehabilitation, and continued use of the New
Harmony Bridge connecting Illinois State Highway 14 to Indiana
State Highway 66 at New Harmony, Indiana;
(2) Contingent upon the Commission's ability to secure
federal financing, to assume the rights and responsibilities of
the White County Bridge Commission as they relate to the New
Harmony Bridge;
(3) To conduct and review studies, testimony, and other
information provided by the Illinois and Indiana Departments of
Transportation, including, but not limited to, the collection
of studies and papers entitled "Quest for Rehabilitation,
Finances, and Public Agency Governance for the White County
Bridge Commission Successor", that was prepared in the search
for preservation of the transportation network that maintains
and enhances the vitality of the bi-state area communities;
(4) To secure financing, including, but not limited to,
federal funding, for the rehabilitation and maintenance of the
New Harmony Bridge;
(5) To establish and charge tolls for transit over the
bridge in accordance with the provisions of this compact; and
(6) To perform all other necessary and incidental
functions.
ARTICLE II
The rate of toll to be charged for transit over the New
Harmony Bridge shall be adjusted by the Commission as to

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provide a fund sufficient to pay for the reasonable cost of
maintenance, repairs, and operation (including the approaches
to the bridge) under economical management, and also to provide
a sinking fund sufficient to pay the principal and interest of
any outstanding bonds. All tolls and other revenues derived
from facilities of the Commission shall be used as provided in
this Article II.
ARTICLE III
The Commission shall keep an accurate record of the cost of
the bridge and of other expenses and of the daily revenues
collected, and shall report annually to the Governor of each
State setting forth in detail the operations and transactions
conducted by the Commission under this agreement and other
applicable laws.
ARTICLE IV
The membership of the Commission created by this compact
shall consist of 10 voting members, appointed as follows:
(1) Five members shall be chosen by the State of
Illinois: the 3 commissioners who were appointed by the
Governor to enter into the compact, but no more than 2 of
these appointees may be from the same political party; 1
member appointed by the White County Board; and 1 member
appointed by the Mayor of Phillipstown.
(2) Five members shall be chosen by the State of
Indiana: 3 members shall be appointed by the Governor and
no more than 2 shall be from the same political party; one

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member shall be appointed by the appropriate county
executive of Posey County; and one member shall be
appointed by the appropriate town executive of New Harmony.
The members shall be chosen in the manner and for the terms
fixed by the legislature of each State, except as provided by
this compact.
ARTICLE V
(1) The Commission shall elect from its number a
chairperson and vice-chairperson, and may appoint officers and
employees as it may require for the performance of its duties,
and shall fix and determine their qualifications and duties.
(2) Unless otherwise determined by the legislatures of the
State of Illinois and the State of Indiana, no action of the
Commission shall be binding unless taken at a meeting at which
at least 2 members from each State are present and unless a
majority of the members from each State present at the meeting
vote in favor of the action. Each State reserves the right to
provide by law for the exercise of the veto power by the
Governor over any action of any commissioner.
(3) The State of Illinois and the State of Indiana shall
provide penalties for violations of any order, rule, or
regulation of the Commission, and for the manner of
enforcement.
ARTICLE VI
Contingent upon the Commission's ability to secure federal
financing, the Commission is authorized and directed to proceed

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with the rehabilitation of the bridge as rapidly as
economically practicable and is vested with all necessary and
appropriate powers, not inconsistent with the constitution or
the laws of the United States or of either the State of
Illinois or the State of Indiana, to effect the same, except
the power to assess or levy taxes.
ARTICLE VII
In witness thereof, we have here set our hands and seals
under the authority vested in us by law.
(Signed)
In the Presence of:
(Signed)
Section 5-15. Signing and filing of compact; bi-state
participation required. The compact shall, when signed by the
signatories as provided by this Act, become binding upon the
State of Illinois and shall be filed in the office of the
Secretary of State, except the compact shall not become
effective unless prior to the signing of the compact, the
Indiana General Assembly passes legislation providing for the
creation of the New Harmony Bridge Bi-State Commission under
terms consistent with this Act.
Section 5-20. Filling of vacancies. A vacancy occurring in
the office of an appointed commissioner shall be filled by
appointment by the Governor for the unexpired term, as provided

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in Section 5-35.
Section 5-25. Appointment and qualifications of
commissioners. The commissioners appointed by the Governor
under Section 5-10 shall also be members of the New Harmony
Bridge Bi-State Commission created by compact between the
States of Illinois and Indiana.
The White County Board shall appoint one member and the
Mayor of Phillipstown shall appoint one member to the New
Harmony Bridge Bi-State Commission no later than 30 days after
the Harmony Bridge Bi-State Commission is created.
Section 5-30. Tenure; successors. Of the commissioners
first appointed under Section 5-10, one shall be appointed to
serve for a term of one year, one for 2 years, and one for 3
years. At the expiration of the term of each commissioner and
of each succeeding commissioner, the Governor shall appoint a
successor who shall hold office for a term of 3 years. Each
commissioner shall hold office until his or her successor has
been appointed and qualified.
Section 5-35. Filling vacancies. A vacancy occurring in the
office of an appointed commissioner shall be filled by
appointment by the Governor, by and with the advice and consent
of the Senate, for the unexpired term. In the case of a vacancy
while the Senate is not in session, the Governor shall make a

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temporary appointment until the next meeting of the Senate,
when the Governor shall nominate a person to fill the office.
Section 5-40. Compensation and expenses of commissioners.
The commissioners shall serve without compensation but shall be
reimbursed for the necessary expenses incurred in the
performance of their duties.
Section 5-45. Powers and duties of commissioners. The
commissioners shall have the powers and duties and be subject
to the limitations provided for in the compact entered between
the State of Illinois and the State of Indiana to form the New
Harmony Bridge Bi-State Commission, and, together with the
commissioners from the State of Indiana, shall form the New
Harmony Bridge Bi-State Commission.
Section 5-50. Repeal. If both the State of Illinois and the
State of Indiana do not enter into the compact under Section
5-10 on or before December 31, 2019, then this Act is repealed
on January 1, 2020. The Index Department of the Office of the
Secretary of State shall notify the Clerk of the House of
Representatives, the Secretary of the Senate, and the
Legislative Reference Bureau by February 1, 2020 whether the
State of Illinois and the State of Indiana entered into the
compact on or before December 31, 2019.

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PART 10. NEW HARMONY BRIDGE AUTHORITY ACT
Section 10-1. Short title. This Part may be cited as the
New Harmony Bridge Authority Act. References in this Part to
"this Act" mean this Part.
Section 10-5. Definitions. As used in this Act:
(1) "Bridge" means the White County bridge over the Wabash
River that connects White County, Illinois, and Posey County,
Indiana. "Bridge" includes all approaches and rights of way
necessary or desirable for the operation and maintenance of the
bridge.
(2) "Bridge authority" means the New Harmony River Bridge
Authority created by Section 10-10.
(3) "Commission" refers to the White County bridge
commission created by Congressional Act of April 12, 1941,
Public Law 77-37, 55 Stat. 140.
Section 10-10. Authority establishment.
(a) If the State of Illinois and the State of Indiana do
not enter into the compact creating the New Harmony Bridge
Bi-State Commission on or before December 31, 2019, the New
Harmony River Bridge Authority is established on January 1,
2020 as a body corporate and politic of the State for the
purposes set forth in Section 10-30.
(b) The bridge authority has the power to make and enter

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into any contract that may be necessary to implement this Act
only if federal funding or other non-State funding has been
secured by the bridge authority to cover any necessary or
incidental costs of the contract. The bridge authority's
contract power includes the ability to enter into an agreement
or contract with the State of Indiana or any governmental
entity in the State of Indiana to:
(1) form a joint bridge authority; or
(2) grant to the bridge authority the power to own and
operate assets in the state of Indiana that are transferred
by the commission to the bridge authority.
Except as otherwise provided by this Act, a contract made
by the bridge authority is not subject to approval or
ratification by any other board, body, or officer.
(c) Subject to federal funding or other non-State funding,
the bridge authority may exercise its powers with respect to
the assets of the commission, if any, including the power to
contract with an entity, public or private, established in
Indiana, to the extent permitted by Indiana law.
Section 10-15. Members.
(a) The bridge authority shall be composed of the following
individuals:
(1) Three members appointed by the Governor, no more
than 2 of whom may be from the same political party.
(2) One member appointed by the White County Board.

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(3) One member appointed by the Mayor of Phillipstown.
(b) If the bridge authority:
(1) forms a joint bridge authority between:
(A) the State and Indiana; or
(B) the State and an Indiana entity; or
(2) enters into an agreement with an Indiana entity to
jointly act in implementing this Act;
then the joint bridge authority may determine the
membership and term of office for any bridge authority
member representing Indiana or an Indiana entity.
(c) Each bridge authority member, before beginning the
member's duties, shall execute a bond payable to the State. The
bond must:
(1) be in the sum of $15,000;
(2) be conditioned upon the member's faithful
performance of the duties of the member's office; and
(3) account for all monies and property that may come
into the member's possession or under the member's control.
The cost of the bond shall be paid by the bridge authority
upon securing of federal funding or other non-State funding.
(d) If a member ceases to be qualified under this Section,
the member forfeits the member's office.
(e) Bridge authority members are not entitled to salaries
but may seek reimbursement for expenses incurred in the
performance of their duties upon securing of federal funding or
other non-State funding.

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Section 10-20. Member terms and vacancies.
(a) An appointment to the bridge authority shall be for a
term of 4 years. Each member appointed to the bridge authority:
(1) shall hold office for the term of the appointment;
(2) shall continue to serve after the expiration of the
appointment until a successor is appointed and qualified;
(3) remains eligible for reappointment to the bridge
authority if the requirements described in Section 10-15 of
this Act remain met; and
(4) may be removed from office by the other members of
the bridge authority with or without cause.
(b) Members of the bridge authority shall fill vacancies
for any unexpired term of a member or for any member appointed
by the other members of the bridge authority as provided in
this Section.
(c) A member of the bridge authority, including a member
appointed under Section 10-15, may be reappointed.
Section 10-25. Meetings.
(a) The bridge authority shall hold an organizational
meeting within 30 days after the initial appointment of the
members and every January of each subsequent year. During each
organizational meeting, the bridge authority must elect the
following officers from existing bridge authority membership:
(1) A chair.

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(2) A vice chair.
(3) A secretary treasurer.
(b) The bridge authority may adopt rules in order to
implement this Section.
Section 10-30. Purpose. The bridge authority is
established for the purpose of:
(1) inheriting the assets, duties, powers, and rights
of the commission;
(2) accepting the transfer and ownership of the bridge
and all interests of the commission in real and personal
property;
(3) accepting or receiving all other assets of the
commission; and
(4) equipping, financing, improving, maintaining,
operating, reconstructing, rehabilitating, and restoring
the bridge for use by motor vehicles, pedestrians, and
other modes of transportation.
Section 10-35. Powers.
(a) Subject to adequate federal funding or other non-State
funding, the bridge authority may:
(1) Accept the assets of the commission.
(2) Hold, exchange, lease, rent, sell (by conveyance by
deed, land sale contract, or other instrument), use, or
otherwise dispose of property acquired for the purpose of

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implementing this Act.
(3) Prescribe the duties and regulate the compensation
of the employees of the bridge authority.
(4) Provide a pension and retirement system for
employees of the bridge authority through use of the
appropriate public employees' retirement fund.
(5) Contract for the alteration, construction,
extension, improvement, rehabilitation, or restoration of
the bridge.
(6) Accept grants, loans, and other forms of financial
assistance from the federal government, the State, a unit
of local government, a foundation, or any other source.
(7) Establish and revise, as necessary, any charge or
toll assessed for transit over the bridge.
(8) Collect or cause to be collected any charge or toll
assessed for transit over the bridge.
(b) The bridge authority may exercise any of the powers
authorized by this Act in the state of Indiana to the extent
provided:
(1) under Indiana law; or
(2) through a joint action taken with Indiana or an
Indiana entity as described in Section 10-10 of this Act.
Section 10-40. Repeal. If both the State of Illinois and
the State of Indiana enter into the compact under Section 5-10
of the New Harmony Bridge Interstate Compact Act on or before

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December 31, 2019, then this Act is repealed on January 1,
2020. The Index Department of the Office of the Secretary of
State shall notify the Clerk of the House of Representatives,
the Secretary of the Senate, and the Legislative Reference
Bureau by February 1, 2020 whether the State of Illinois and
the State of Indiana entered into the compact on or before
December 31, 2019.
PART 99. EFFECTIVE DATE
Section 99-1. Effective date. This Act takes effect upon
becoming law.".