Full Text of SB2804 100th General Assembly
SB2804ham001 100TH GENERAL ASSEMBLY | Rep. David B. Reis Filed: 5/21/2018
| | 10000SB2804ham001 | | LRB100 17666 AWJ 40483 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2804
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2804 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "PART 5. NEW HARMONY BRIDGE AUTHORITY ACT | 5 | | Section 5-1. Short title. This Part may be cited as the New | 6 | | Harmony Bridge Authority Act. References in this Part to "this | 7 | | Act" mean this Part. | 8 | | Section 5-5. Findings; intent. The General Assembly finds | 9 | | that the New Harmony Bridge, which crosses the Wabash River | 10 | | south of Interstate 64 and has an entrance span in Illinois and | 11 | | Indiana, is in need of rehabilitation. The White County Bridge | 12 | | Commission, a private entity created by Congress in 1941, lacks | 13 | | the resources necessary to rehabilitate and maintain the | 14 | | bridge. The New Harmony Bridge provides an important link | 15 | | between this State and Indiana. The rehabilitation and |
| | | 10000SB2804ham001 | - 2 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | continued use of the New Harmony Bridge is essential to | 2 | | preserve and improve the public welfare and prosperity of the | 3 | | people of this State. It is in the best interests of the public | 4 | | welfare and public safety that this State and the State of | 5 | | Indiana work together to repair and maintain this historical | 6 | | bridge. The intent of this Act is to ensure that the New | 7 | | Harmony Bridge is rehabilitated and maintained so that it can | 8 | | meet the needs of motorists for years to come. | 9 | | Section 5-10. Definitions. As used in this Act: | 10 | | (1) "Bridge" means the White County bridge over the Wabash | 11 | | River that connects White County, Illinois, and Posey County, | 12 | | Indiana. "Bridge" includes all approaches and rights of way | 13 | | necessary or desirable for the operation and maintenance of the | 14 | | bridge. | 15 | | (2) "Bridge authority" means the New Harmony River Bridge | 16 | | Authority created by Section 5-15. | 17 | | (3) "Commission" refers to the White County bridge | 18 | | commission created by Congressional Act of April 12, 1941, | 19 | | Public Law 77-37, 55 Stat. 140. | 20 | | Section 5-15. Authority establishment. | 21 | | (a) The New Harmony River Bridge Authority is established | 22 | | as a body corporate and politic of the State for the purposes | 23 | | set forth in Section 5-35. | 24 | | (b) The bridge authority has the power to make and enter |
| | | 10000SB2804ham001 | - 3 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | into any contract that may be necessary to implement this Act. | 2 | | The bridge authority's contract power includes the ability to | 3 | | enter into an agreement or contract with the State of Indiana | 4 | | or any governmental entity in the State of Indiana to: | 5 | | (1) form a joint bridge authority; or | 6 | | (2) grant to the bridge authority the power to own and | 7 | | operate assets in the state of Indiana that are transferred | 8 | | by the commission to the bridge authority. | 9 | | Except as otherwise provided by this Act, a contract made | 10 | | by the bridge authority is not subject to approval or | 11 | | ratification by any other board, body, or officer. | 12 | | (c) The bridge authority may exercise its powers with | 13 | | respect to the assets of the commission, if any, including the | 14 | | power to contract with an entity, public or private, | 15 | | established in Indiana, to the extent permitted by Indiana law. | 16 | | Section 5-20. Members. | 17 | | (a) The bridge authority shall be composed of the following | 18 | | individuals: | 19 | | (1) Three members appointed by the Governor, no more | 20 | | than 2 of whom may be from the same political party. | 21 | | (2) One member appointed by the White County Board. | 22 | | (3) One member appointed by the Mayor of Phillipstown. | 23 | | (b) If the bridge authority: | 24 | | (1) forms a joint bridge authority between: | 25 | | (A) the State and Indiana; or |
| | | 10000SB2804ham001 | - 4 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | (B) the State and an Indiana entity; or | 2 | | (2) enters into an agreement with an Indiana entity to | 3 | | jointly act in implementing this Act; | 4 | | then the joint bridge authority may determine the | 5 | | membership and term of office for any bridge authority | 6 | | member representing Indiana or an Indiana entity. | 7 | | (c) Each bridge authority member, before beginning the | 8 | | member's duties, shall execute a bond payable to the State. The | 9 | | bond must: | 10 | | (1) be in the sum of $15,000; | 11 | | (2) be conditioned upon the member's faithful | 12 | | performance of the duties of the member's office; and | 13 | | (3) account for all moneys and property that may come | 14 | | into the member's possession or under the member's control. | 15 | | The cost of the bond shall be paid by the bridge authority | 16 | | upon securing of funding. | 17 | | (d) If a member ceases to be qualified under this Section, | 18 | | the member forfeits the member's office. | 19 | | (e) Bridge authority members are not entitled to salaries | 20 | | but may seek reimbursement for expenses incurred in the | 21 | | performance of their duties upon securing of funding. | 22 | | Section 5-25. Member terms and vacancies. | 23 | | (a) An appointment to the bridge authority shall be for a | 24 | | term of 4 years. Each member appointed to the bridge authority: | 25 | | (1) shall hold office for the term of the appointment; |
| | | 10000SB2804ham001 | - 5 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | (2) shall continue to serve after the expiration of the | 2 | | appointment until a successor is appointed and qualified; | 3 | | (3) remains eligible for reappointment to the bridge | 4 | | authority if the requirements described in Section 5-20 of | 5 | | this Act remain met; and | 6 | | (4) may be removed from office by the other members of | 7 | | the bridge authority with or without cause. | 8 | | (b) A vacancy shall be filled by appointment by the | 9 | | Governor, by and with the advice and consent of the Senate, for | 10 | | the unexpired term. In the case of a vacancy while the Senate | 11 | | is not in session, the Governor shall make a temporary | 12 | | appointment until the next meeting of the Senate, when the | 13 | | Governor shall nominate a person to fill the office. | 14 | | (c) A member of the bridge authority, including a member | 15 | | appointed under Section 5-20, may be reappointed. | 16 | | Section 5-30. Meetings. | 17 | | (a) The bridge authority shall hold an organizational | 18 | | meeting within 30 days after the initial appointment of the | 19 | | members and every January of each subsequent year. During each | 20 | | organizational meeting, the bridge authority must elect the | 21 | | following officers from existing bridge authority membership: | 22 | | (1) A chair. | 23 | | (2) A vice chair. | 24 | | (3) A secretary treasurer. | 25 | | (b) The bridge authority may adopt rules in order to |
| | | 10000SB2804ham001 | - 6 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | implement this Section. | 2 | | Section 5-35. Purpose. The bridge authority is established | 3 | | for the purpose of: | 4 | | (1) inheriting the assets, duties, powers, and rights | 5 | | of the commission; | 6 | | (2) accepting the transfer and ownership of the bridge | 7 | | and all interests of the commission in real and personal | 8 | | property; | 9 | | (3) accepting or receiving all other assets of the | 10 | | commission; and | 11 | | (4) equipping, financing, improving, maintaining, | 12 | | operating, reconstructing, rehabilitating, and restoring | 13 | | the bridge for use by motor vehicles, pedestrians, and | 14 | | other modes of transportation. | 15 | | Section 5-40. Powers. | 16 | | (a) The bridge authority may: | 17 | | (1) Accept the assets of the commission. | 18 | | (2) Hold, exchange, lease, rent, sell (by conveyance by | 19 | | deed, land sale contract, or other instrument), use, or | 20 | | otherwise dispose of property acquired for the purpose of | 21 | | implementing this Act. | 22 | | (3) Prescribe the duties and regulate the compensation | 23 | | of the employees of the bridge authority. | 24 | | (4) Provide a pension and retirement system for |
| | | 10000SB2804ham001 | - 7 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | employees of the bridge authority through use of the | 2 | | appropriate public employees' retirement fund. | 3 | | (5) Contract for the alteration, construction, | 4 | | extension, improvement, rehabilitation, or restoration of | 5 | | the bridge. | 6 | | (6) Accept grants, loans, and other forms of financial | 7 | | assistance from the federal government, the State, a unit | 8 | | of local government, a foundation, or any other source. | 9 | | (7) Establish and revise, as necessary, any charge or | 10 | | toll assessed for transit over the bridge. | 11 | | (8) Collect or cause to be collected any charge or toll | 12 | | assessed for transit over the bridge. | 13 | | (9) Borrow money and issue bonds, notes, certificates, | 14 | | or other evidences of indebtedness for the purpose of | 15 | | accomplishing any of the corporate purposes and refund or | 16 | | advance refund any of the evidences of indebtedness with | 17 | | bonds, notes, certificates, or other evidence of | 18 | | indebtedness, subject to compliance with any condition or | 19 | | limitation set forth in this Act. | 20 | | (10) Convert the bridge to and from a pedestrian | 21 | | bridge, vehicular bridge, or a combination of a pedestrian | 22 | | and vehicular bridge. | 23 | | (11) Transfer ownership of the bridge to Indiana only | 24 | | after approval by White County residents through | 25 | | referendum.
| 26 | | (b) The bridge authority may exercise any of the powers |
| | | 10000SB2804ham001 | - 8 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | authorized by this Act in the state of Indiana to the extent | 2 | | provided: | 3 | | (1) under Indiana law; or | 4 | | (2) through a joint action taken with Indiana or an | 5 | | Indiana entity as described in Section 5-15 of this Act. | 6 | | Section 5-45. Bridge rehabilitation. The Authority is | 7 | | authorized and directed to proceed with the rehabilitation of | 8 | | the bridge as rapidly as economically practicable and is vested | 9 | | with all necessary and appropriate powers, not inconsistent | 10 | | with the constitution or the laws of the United States or of | 11 | | either the State of Illinois or the State of Indiana, to effect | 12 | | the same, except the power to assess or levy taxes. | 13 | | Section 5-50. Taxes. The Authority has no independent power | 14 | | to tax. The Authority is not required to pay any taxes or | 15 | | assessments of any kind or nature upon any property required or | 16 | | used by it for its purposes or any rates, fees, rents, | 17 | | receipts, or incomes at any time received by it. The bonds | 18 | | issued by the Authority under item (9) of subsection (a) of | 19 | | Section 5-40, their transfer, and the income from the bonds are | 20 | | not taxable income for the purposes of the individual and | 21 | | corporate income tax under Illinois law and shall not be taxed | 22 | | by any unit of local government. | 23 | | Section 5-55. Interstate compact; rights of the Authority. |
| | | 10000SB2804ham001 | - 9 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | If both the State of Illinois and the State of Indiana enter | 2 | | into the compact under Section 10-5 of the New Harmony Bridge | 3 | | Interstate Compact Act, then the Authority may transfer all | 4 | | rights, powers, and duties of the Authority to the New Harmony | 5 | | Bridge Bi-State Commission. | 6 | | PART 10. NEW HARMONY BRIDGE INTERSTATE COMPACT ACT | 7 | | Section 10-1. Short title. This Part may be cited as the | 8 | | New Harmony Bridge Interstate Compact Act. References in this | 9 | | Part to "this Act" mean this Part. | 10 | | Section 10-5. Compact creating commission. The Governor, | 11 | | by and with the advice and consent of the Senate, shall appoint | 12 | | 3 commissioners to enter into a compact on behalf of this State | 13 | | with the State of Indiana. If the Senate is not in session at | 14 | | the time for making appointments, the Governor shall make | 15 | | temporary appointments as in the case of a vacancy. No more | 16 | | than 2 members appointed by the Governor may be from the same | 17 | | political party. The 3 commissioners so appointed may act to | 18 | | enter into the following compact: | 19 | | COMPACT BETWEEN ILLINOIS AND INDIANA CREATING THE NEW HARMONY | 20 | | BRIDGE BI-STATE COMMISSION | 21 | | ARTICLE I | 22 | | There is created the New Harmony Bridge Bi-State | 23 | | Commission, a body corporate and politic having the following |
| | | 10000SB2804ham001 | - 10 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | powers and duties: | 2 | | (1) To engage in negotiations for the acceptance, | 3 | | rehabilitation, and continued use of the New Harmony Bridge | 4 | | connecting Illinois State Highway 14 to Indiana State Highway | 5 | | 66 at New Harmony, Indiana; | 6 | | (2) To assume the rights and responsibilities of the | 7 | | Illinois New Harmony Bridge Authority and the Indiana New | 8 | | Harmony and Wabash River Bridge Authority as they relate to the | 9 | | New Harmony Bridge; | 10 | | (3) To conduct and review studies, testimony, and other | 11 | | information provided by the Illinois and Indiana Departments of | 12 | | Transportation, including, but not limited to, the collection | 13 | | of studies and papers entitled "Quest for Rehabilitation, | 14 | | Finances, and Public Agency Governance for the White County | 15 | | Bridge Commission Successor", that was prepared in the search | 16 | | for preservation of the transportation network that maintains | 17 | | and enhances the vitality of the bi-state area communities; | 18 | | (4) To secure financing, for the rehabilitation and | 19 | | maintenance of the New Harmony Bridge; | 20 | | (5) To establish and charge tolls for transit over the | 21 | | bridge in accordance with the provisions of this compact; and | 22 | | (6) To perform all other necessary and incidental | 23 | | functions. | 24 | | ARTICLE II | 25 | | The rate of toll to be charged for transit over the New | 26 | | Harmony Bridge shall be adjusted by the Commission as to |
| | | 10000SB2804ham001 | - 11 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | provide a fund sufficient to pay for the reasonable cost of | 2 | | maintenance, repairs, and operation (including the approaches | 3 | | to the bridge) under economical management, and also to provide | 4 | | a sinking fund sufficient to pay the principal and interest of | 5 | | any outstanding bonds. All tolls and other revenues derived | 6 | | from facilities of the Commission shall be used as provided in | 7 | | this Article II. | 8 | | ARTICLE III | 9 | | The Commission shall keep an accurate record of the cost of | 10 | | the bridge and of other expenses and of the daily revenues | 11 | | collected, and shall report annually to the Governor of each | 12 | | State setting forth in detail the operations and transactions | 13 | | conducted by the Commission under this agreement and other | 14 | | applicable laws. | 15 | | ARTICLE IV | 16 | | The membership of the Commission created by this compact | 17 | | shall consist of 10 voting members, appointed as follows: | 18 | | (1) Five members shall be chosen by the State of | 19 | | Illinois: the 3 commissioners who were appointed by the | 20 | | Governor to enter into the compact, but no more than 2 of | 21 | | these appointees may be from the same political party; 1 | 22 | | member appointed by the White County Board; and 1 member | 23 | | appointed by the Mayor of Phillipstown. | 24 | | (2) Five members shall be chosen by the State of | 25 | | Indiana. | 26 | | The members shall be chosen in the manner and for the terms |
| | | 10000SB2804ham001 | - 12 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | fixed by the legislature of each State, except as provided by | 2 | | this compact. | 3 | | ARTICLE V | 4 | | (1) The Commission shall elect from its number a | 5 | | chairperson and vice-chairperson, and may appoint officers and | 6 | | employees as it may require for the performance of its duties, | 7 | | and shall fix and determine their qualifications and duties. | 8 | | (2) Unless otherwise determined by the legislatures of the | 9 | | State of Illinois and the State of Indiana, no action of the | 10 | | Commission shall be binding unless taken at a meeting at which | 11 | | at least 2 members from each State are present and unless a | 12 | | majority of the members from each State present at the meeting | 13 | | vote in favor of the action. Each State reserves the right to | 14 | | provide by law for the exercise of the veto power by the | 15 | | Governor over any action of any commissioner. | 16 | | (3) The State of Illinois and the State of Indiana shall | 17 | | provide penalties for violations of any order, rule, or | 18 | | regulation of the Commission, and for the manner of | 19 | | enforcement. | 20 | | ARTICLE VI | 21 | | The Commission is authorized and directed to proceed with | 22 | | the rehabilitation of the bridge as rapidly as economically | 23 | | practicable and is vested with all necessary and appropriate | 24 | | powers, not inconsistent with the constitution or the laws of | 25 | | the United States or of either the State of Illinois or the | 26 | | State of Indiana, to effect the same, except the power to |
| | | 10000SB2804ham001 | - 13 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | assess or levy taxes. | 2 | | ARTICLE VII | 3 | | The Commission has no independent power to tax. | 4 | | The Commission is not required to pay any taxes or | 5 | | assessments of any kind or nature upon any property required or | 6 | | used by it for its purposes or any rates, fees, rents, | 7 | | receipts, or incomes at any time received by it. The bonds | 8 | | issued by the Commission under Article VIII, their transfer, | 9 | | and the income from the bonds are not taxable income for the | 10 | | purposes of the individual and corporate income tax under | 11 | | Illinois or Indiana law and shall not be taxed by any political | 12 | | subdivision of Illinois or Indiana.
| 13 | | ARTICLE VIII | 14 | | The Commission may incur indebtedness subject to debt | 15 | | limits imposed by substantially identical laws of the states of | 16 | | Illinois and Indiana. Indebtedness of the Commission may not be | 17 | | secured by the full faith and credit or the tax revenues of the | 18 | | state of Illinois or Indiana or a political subdivision of the | 19 | | state of Illinois or Indiana other than the Commission or as | 20 | | otherwise authorized by substantially identical laws of the | 21 | | states of Illinois and Indiana. Bonds shall be issued only | 22 | | under terms authorized by substantially identical laws of the | 23 | | states of Illinois and Indiana. | 24 | | ARTICLE IX | 25 | | In witness thereof, we have here set our hands and seals | 26 | | under the authority vested in us by law. |
| | | 10000SB2804ham001 | - 14 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | (Signed)
| 2 | | In the Presence of:
| 3 | | (Signed) | 4 | | Section 10-10. Signing and filing of compact; bi-state | 5 | | participation required. The compact shall, when signed by the | 6 | | signatories as provided by this Act, become binding upon the | 7 | | State of Illinois and shall be filed in the office of the | 8 | | Secretary of State, except the compact shall not become | 9 | | effective unless prior to the signing of the compact, the | 10 | | Indiana General Assembly passes legislation providing for the | 11 | | creation of the New Harmony Bridge Bi-State Commission under | 12 | | terms consistent with this Act. | 13 | | Section 10-15. Appointment and qualifications of | 14 | | commissioners. The commissioners appointed by the Governor | 15 | | under Section 10-5 shall also be members of the New Harmony | 16 | | Bridge Bi-State Commission created by compact between the | 17 | | States of Illinois and Indiana. | 18 | | The White County Board shall appoint one member and the | 19 | | Mayor of Phillipstown shall appoint one member to the New | 20 | | Harmony Bridge Bi-State Commission no later than 30 days after | 21 | | the Harmony Bridge Bi-State Commission is created. | 22 | | Section 10-20. Tenure; successors. The term of a | 23 | | commissioner is 4 years. At the expiration of the term of each |
| | | 10000SB2804ham001 | - 15 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | commissioner and of each succeeding commissioner, the Governor | 2 | | shall appoint a successor who shall hold office for a term of 3 | 3 | | years. Each commissioner shall hold office until his or her | 4 | | successor has been appointed and qualified. | 5 | | Section 10-25. Filling vacancies. A vacancy occurring in | 6 | | the office of an appointed commissioner shall be filled by | 7 | | appointment by the Governor, by and with the advice and consent | 8 | | of the Senate, for the unexpired term. In the case of a vacancy | 9 | | while the Senate is not in session, the Governor shall make a | 10 | | temporary appointment until the next meeting of the Senate, | 11 | | when the Governor shall nominate a person to fill the office. | 12 | | Section 10-30. Compensation and expenses of commissioners. | 13 | | The commissioners shall serve without compensation but shall be | 14 | | reimbursed for the necessary expenses incurred in the | 15 | | performance of their duties. | 16 | | Section 10-35. Powers and duties of commissioners. The | 17 | | commissioners shall have the powers and duties and be subject | 18 | | to the limitations provided for in the compact entered between | 19 | | the State of Illinois and the State of Indiana to form the New | 20 | | Harmony Bridge Bi-State Commission, and, together with the | 21 | | commissioners from the State of Indiana, shall form the New | 22 | | Harmony Bridge Bi-State Commission.
|
| | | 10000SB2804ham001 | - 16 - | LRB100 17666 AWJ 40483 a |
|
| 1 | | PART 99. EFFECTIVE DATE | 2 | | Section 99-1. Effective date. This Act takes effect upon | 3 | | becoming law.".
|
|