Full Text of SB2804 100th General Assembly
SB2804sam001 100TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 4/20/2018
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| 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 INTERSTATE COMPACT ACT | 5 | | Section 5-1. Short title. This Act may be cited as the New | 6 | | Harmony Bridge Interstate Compact Act. | 7 | | Section 5-5. Findings; intent. The General Assembly finds | 8 | | that the New Harmony Bridge, which crosses the Wabash River | 9 | | south of Interstate 64 and has an entrance span in Illinois and | 10 | | Indiana, is in need of rehabilitation. The White County Bridge | 11 | | Commission, a private entity created by Congress in 1941, lacks | 12 | | the resources necessary to rehabilitate and maintain the | 13 | | bridge. The New Harmony Bridge provides an important link | 14 | | between this State and Indiana. The rehabilitation and | 15 | | continued use of the New Harmony Bridge is essential to |
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| 1 | | preserve and improve the public welfare and prosperity of the | 2 | | people of this State. It is in the best interests of the public | 3 | | welfare and public safety that this State and the State of | 4 | | Indiana work together to repair and maintain this historical | 5 | | bridge. The intent of this Act is to ensure that the New | 6 | | Harmony Bridge is rehabilitated and maintained so that it can | 7 | | continue to meet the needs of motorists for years to come. | 8 | | Section 5-10. Compact creating commission. No later than | 9 | | January 1, 2019, the Governor, by and with the advice and | 10 | | consent of the Senate, shall appoint 3 commissioners to enter | 11 | | into a compact on behalf of this State with the State of | 12 | | Indiana. If the Senate is not in session at the time for making | 13 | | appointments, the Governor shall make temporary appointments | 14 | | as in the case of a vacancy. The 3 commissioners so appointed | 15 | | may act to enter into the following compact: | 16 | | COMPACT BETWEEN ILLINOIS AND INDIANA CREATING THE NEW HARMONY | 17 | | BRIDGE BI-STATE COMMISSION | 18 | | ARTICLE I | 19 | | There is created the New Harmony Bridge Bi-State | 20 | | Commission, which is a body corporate and politic and which has | 21 | | the following powers and duties: | 22 | | (1) Contingent upon the Commission's ability to secure | 23 | | federal financing, to engage in negotiations for the | 24 | | acceptance, rehabilitation, and continued use of the New | 25 | | Harmony Bridge connecting Illinois State Highway 14 to Indiana |
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| 1 | | State Highway 66 at New Harmony, Indiana; | 2 | | (2) Contingent upon the Commission's ability to secure | 3 | | federal financing, to assume the rights and responsibilities of | 4 | | the White County Bridge Commission as they relate to the New | 5 | | Harmony Bridge; | 6 | | (3) To conduct and review studies, testimony, and other | 7 | | information provided by the Illinois and Indiana Departments of | 8 | | Transportation, including but not limited to the collection of | 9 | | studies and papers entitled "Quest for Rehabilitation, | 10 | | Finances, and Public Agency Governance for the White County | 11 | | Bridge Commission Successor", which was prepared in the search | 12 | | for preservation of the transportation network that maintains | 13 | | and enhances the vitality of the bi-state area communities; | 14 | | (4) To secure financing, including but not limited to | 15 | | federal funding, for the rehabilitation and maintenance of the | 16 | | New Harmony Bridge; | 17 | | (5) To establish and charge tolls for transit over the | 18 | | bridge in accordance with the provisions of this compact; and | 19 | | (6) To perform all other necessary and incidental | 20 | | functions. | 21 | | ARTICLE II | 22 | | The rate of toll to be charged for transit over the New | 23 | | Harmony Bridge shall be adjusted by the Commission as to | 24 | | provide a fund sufficient to pay for the reasonable cost of | 25 | | maintenance, repairs, and operation (including the approaches | 26 | | to the bridge) under economical management, and also to provide |
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| 1 | | a sinking fund sufficient to pay the principal and interest of | 2 | | any outstanding bonds. All tolls and other revenues derived | 3 | | from facilities of the Commission shall be used as provided in | 4 | | this Article II. | 5 | | ARTICLE III | 6 | | The Commission shall keep an accurate record of the cost of | 7 | | the bridge and of other expenses and of the daily revenues | 8 | | collected, and shall report annually to the Governor of each | 9 | | State setting forth in detail the operations and transaction | 10 | | conducted by the Commission under this agreement and other | 11 | | applicable laws. | 12 | | ARTICLE IV | 13 | | The membership of the Commission created by this compact | 14 | | shall consist of 10 voting members, appointed as follows: | 15 | | (1) Five members shall be chosen by the State of | 16 | | Illinois: the 3 commissioners who were appointed by the | 17 | | Governor to enter into the compact, but no more than 2 of | 18 | | these appointees may be from the same political party; 1 | 19 | | member appointed by the White County Board; and 1 member | 20 | | appointed by the Mayor of Phillipstown. | 21 | | (2) Five members shall be chosen by the State of | 22 | | Indiana: 3 members shall be appointed by the governor and | 23 | | no more than 2 shall be from the same political party; one | 24 | | member shall be appointed by the appropriate county | 25 | | executive of Posey County; and one member shall be | 26 | | appointed by the appropriate town executive of New Harmony. |
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| 1 | | The members shall be chosen in the manner and for the terms | 2 | | fixed by the legislature of each State, except as provided by | 3 | | this compact. | 4 | | ARTICLE V | 5 | | (1) The Commission shall elect from its number a | 6 | | chairperson and vice-chairperson, and may appoint officers and | 7 | | employees as it may require for the performance of its duties, | 8 | | and shall fix and determine their qualifications and duties. | 9 | | (2) Until otherwise determined by the legislatures of the | 10 | | State of Illinois and the State of Indiana, no action of the | 11 | | Commission shall be binding unless taken at a meeting at which | 12 | | at least 2 members from each State are present and unless a | 13 | | majority of the members from each State present at the meeting | 14 | | vote in favor of the action. Each State reserves the right to | 15 | | provide by law for the exercise of the veto power by the | 16 | | Governor over any action of any commissioner. | 17 | | (3) The State of Illinois and the State of Indiana shall | 18 | | provide penalties for violations of any order, rule, or | 19 | | regulation of the Commission, and for the manner of | 20 | | enforcement. | 21 | | ARTICLE VI | 22 | | Contingent upon the Commission's ability to secure federal | 23 | | financing, the Commission is authorized and directed to proceed | 24 | | with the rehabilitation of the bridge as rapidly as | 25 | | economically practicable and is vested with all necessary and | 26 | | appropriate powers, not inconsistent with the constitution or |
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| 1 | | the laws of the United States or of either the State of | 2 | | Illinois or the State of Indiana, to effect the same, except | 3 | | the power to assess or levy taxes. | 4 | | ARTICLE VII | 5 | | In witness thereof, we have here set our hands and seals | 6 | | under the authority vested in us by law. | 7 | | (Signed)
| 8 | | In the Presence of:
| 9 | | (Signed) | 10 | | Section 5-15. Signing and filing of compact; bi-state | 11 | | participation required. The compact shall, when signed by the | 12 | | signatories as provided by this Act, become binding upon the | 13 | | State of Illinois and shall be filed in the office of the | 14 | | Secretary of State, except the compact shall not become | 15 | | effective unless prior to the signing of the compact, the | 16 | | Indiana General Assembly passes legislation providing for the | 17 | | creation of the New Harmony Bridge Bi-State Commission under | 18 | | terms consistent with this Act and the New Harmony Bridge | 19 | | Commissioners Act. | 20 | | Section 5-20. Filling of vacancies. A vacancy occurring in | 21 | | the office of an appointed commissioner shall be filled by | 22 | | appointment by the Governor for the unexpired term, as provided | 23 | | in Section 35. |
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| 1 | | Section 5-25. Appointment and qualifications of | 2 | | commissioners. No later than January 1, 2019, the Governor, by | 3 | | and with the advice and consent of the Senate, shall appoint 3 | 4 | | commissioners to enter into the compact and who shall also be | 5 | | members of the New Harmony Bridge Bi-State Commission created | 6 | | by compact between the States of Illinois and Indiana. If the | 7 | | Senate is not in session at the time for making appointments, | 8 | | the Governor shall make temporary appointments as in the case | 9 | | of a vacancy. No more than 2 members appointed by the Governor | 10 | | may be from the same political party. | 11 | | The White County Board shall appoint one member and the | 12 | | Mayor of Phillipstown shall appoint one member to the New | 13 | | Harmony Bridge Bi-State Commission no later than 30 days after | 14 | | the Harmony Bridge Bi-State Commission is created. | 15 | | Section 5-30. Tenure; successors. Of the commissioners | 16 | | first appointed, one shall be appointed to serve for a term of | 17 | | one year, one for 2 years, and one for 3 years. At the | 18 | | expiration of the term of each commissioner and of each | 19 | | succeeding commissioner, the Governor shall appoint a | 20 | | successor who shall hold office for a term of 3 years. Each | 21 | | commissioner shall hold office until his or her successor has | 22 | | been appointed and qualified. | 23 | | Section 5-35. Filling vacancies. A vacancy occurring in the | 24 | | office of an appointed commissioner shall be filled by |
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| 1 | | appointment by the Governor, by and with the advice and consent | 2 | | of the Senate, for the unexpired term. In the case of a vacancy | 3 | | while the Senate is not in session, the Governor shall make a | 4 | | temporary appointment until the next meeting of the Senate, | 5 | | when the Governor shall nominate a person to fill the office. | 6 | | Section 5-40. Compensation and expenses of commissioners. | 7 | | The commissioners shall serve without compensation but shall be | 8 | | reimbursed for the necessary expenses incurred in the | 9 | | performance of their duties. | 10 | | Section 5-45. Powers and duties of commissioners. The | 11 | | commissioners shall have the powers and duties and be subject | 12 | | to the limitations provided for in the compact entered between | 13 | | the State of Illinois and the State of Indiana to form the New | 14 | | Harmony Bridge Bi-State Commission, and, together with 3 | 15 | | commissioners from the State of Indiana, shall form the New | 16 | | Harmony Bridge Bi-State Commission.
| 17 | | Section 5-50. Liability of Illinois Department of | 18 | | Transportation. The Illinois Department of Transportation and | 19 | | its employees are not liable for any action or inaction of the | 20 | | New Harmony Bridge Bi-State Commission including, but not | 21 | | limited to, damages or injury suffered by any person. | 22 | | Section 5-55. Repeal. If both the State of Illinois and the |
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| 1 | | State of Indiana do not enter into the compact under Section | 2 | | 5-10 on or before December 31, 2019, then this Act is repealed | 3 | | on January 1, 2020. | 4 | | PART 10. NEW HARMONY BRIDGE AUTHORITY ACT | 5 | | Section 10-1. Short title. This Act may be cited as the New | 6 | | Harmony Bridge Authority Act. | 7 | | Section 10-5. Definitions. As used in this Act: | 8 | | (1) "Bridge" means the White County bridge over the Wabash | 9 | | River that connects White County, Illinois, and Posey County, | 10 | | Indiana. "Bridge" includes all approaches and rights of way | 11 | | necessary or desirable for the operation and maintenance of the | 12 | | bridge. | 13 | | (2) "Bridge authority" means the New Harmony River Bridge | 14 | | Authority created by Section 10-10. | 15 | | (3) "Commission" refers to the White County bridge | 16 | | commission created by Congressional Act of April 12, 1941, | 17 | | Public Law 77-37, 55 Stat. 140. | 18 | | Section 10-10. Authority establishment. | 19 | | (a) If the State of Illinois and the State of Indiana do | 20 | | not enter into the compact under Section 5-10 of the New | 21 | | Harmony Bridge Interstate Compact Act on or before December 31, | 22 | | 2019, the New Harmony River Bridge Authority is established on |
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| 1 | | January 1, 2020 as a body corporate and politic of the State | 2 | | for the purposes set forth in Section 10-30. | 3 | | (b) The bridge authority has the power to make and enter | 4 | | into any contract that may be necessary to implement this Act | 5 | | only if federal funding or other non-State funding has been | 6 | | secured by the bridge authority to cover any necessary or | 7 | | incidental costs of the contract. The bridge authority's | 8 | | contract power includes the ability to enter into an agreement | 9 | | or contract with the State of Indiana or any governmental | 10 | | entity in the State of Indiana to: | 11 | | (1) form a joint bridge authority; or | 12 | | (2) grant to the bridge authority the power to own and | 13 | | operate assets in the state of Indiana that are transferred | 14 | | by the commission to the bridge authority. | 15 | | Except as otherwise provided by this Act, a contract made | 16 | | by the bridge authority is not subject to approval or | 17 | | ratification by any other board, body, or officer. | 18 | | (c) Subject to federal funding or other non-State funding, | 19 | | the bridge authority may exercise its powers with respect to | 20 | | the assets of the commission, if any, including the power to | 21 | | contract with an entity, public or private, established in | 22 | | Indiana, to the extent permitted by Indiana law. | 23 | | Section 10-15. Members. | 24 | | (a) The bridge authority shall be composed of the following | 25 | | individuals: |
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| 1 | | (1) Three members appointed by the governor, no more | 2 | | than 2 of whom may be from the same political party. | 3 | | (2) One member appointed by the White County Board. | 4 | | (3) One member appointed by the Mayor of Phillipstown. | 5 | | (b) If the bridge authority: | 6 | | (1) forms a joint bridge authority between: | 7 | | (A) the State and Indiana; or | 8 | | (B) the State and an Indiana entity; or | 9 | | (2) enters into an agreement with an Indiana entity to | 10 | | jointly act in implementing this Act; | 11 | | then the joint bridge authority may determine the | 12 | | membership and term of office for any bridge authority | 13 | | member representing Indiana or an Indiana entity. | 14 | | (c) Each bridge authority member, before beginning the | 15 | | member's duties, shall execute a bond payable to the State. The | 16 | | bond must: | 17 | | (1) be in the sum of $15,000; | 18 | | (2) be conditioned upon the member's faithful | 19 | | performance of the duties of the member's office; and | 20 | | (3) account for all monies and property that may come | 21 | | into the member's possession or under the member's control. | 22 | | The cost of the bond shall be paid by the bridge authority | 23 | | upon securing of federal funding or other non-State funding. | 24 | | (d) If a member ceases to be qualified under this Section, | 25 | | the member forfeits the member's office. | 26 | | (e) Bridge authority members are not entitled to salaries |
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| 1 | | but may seek reimbursement for expenses incurred in the | 2 | | performance of their duties upon securing of federal funding or | 3 | | other non-State funding. | 4 | | Section 10-20. Member terms and vacancies. | 5 | | (a) An appointment to the bridge authority shall be for a | 6 | | term of 4 years. Each member appointed to the bridge authority: | 7 | | (1) shall hold office for the term of the appointment; | 8 | | (2) shall continue to serve after the expiration of the | 9 | | appointment until a successor is appointed and qualified; | 10 | | (3) remains eligible for reappointment to the bridge | 11 | | authority if the requirements described in Section 10-15 of | 12 | | this Act remain met; and | 13 | | (4) may be removed from office by the other members of | 14 | | the bridge authority with or without cause. | 15 | | (b) Members of the bridge authority shall fill vacancies | 16 | | for any unexpired term of a member or for any member appointed | 17 | | by the other members of the bridge authority as provided in | 18 | | this Section. | 19 | | (c) A member of the bridge authority, including a member | 20 | | appointed under Section 10-15, may be reappointed. | 21 | | Section 10-25. Meetings. | 22 | | (a) The bridge authority shall hold an organizational | 23 | | meeting within 30 days after the initial appointment of the | 24 | | members and every January of each subsequent year. During each |
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| 1 | | organizational meeting, the bridge authority must elect the | 2 | | following officers from existing bridge authority membership: | 3 | | (1) A chair. | 4 | | (2) A vice chair. | 5 | | (3) A secretary treasurer. | 6 | | (b) The bridge authority may adopt rules in order to | 7 | | implement this Section. | 8 | | Section 10-30. Purpose. The bridge authority is | 9 | | established for the purpose of: | 10 | | (1) inheriting the assets, duties, powers, and rights | 11 | | of the commission; | 12 | | (2) accepting the transfer and ownership of the bridge | 13 | | and all interests of the commission in real and personal | 14 | | property; | 15 | | (3) accepting or receiving all other assets of the | 16 | | commission; and | 17 | | (4) equipping, financing, improving, maintaining, | 18 | | operating, reconstructing, rehabilitating, and restoring | 19 | | the bridge for use by motor vehicles, pedestrians, and | 20 | | other modes of transportation. | 21 | | Section 10-35. Powers. | 22 | | (a) The bridge authority may do the following subject to | 23 | | adequate federal funding or other non-State funding: | 24 | | (1) Accept the assets of the commission. |
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| 1 | | (2) Hold, exchange, lease, rent, sell (by conveyance by | 2 | | deed, land sale contract, or other instrument), use, or | 3 | | otherwise dispose of property acquired for the purpose of | 4 | | implementing this Act. | 5 | | (3) Prescribe the duties and regulate the compensation | 6 | | of the employees of the bridge authority. | 7 | | (4) Provide a pension and retirement system for | 8 | | employees of the bridge authority through use of the | 9 | | Illinois public employees' retirement fund. | 10 | | (5) Contract for the alteration, construction, | 11 | | extension, improvement, rehabilitation, or restoration of | 12 | | the bridge. | 13 | | (6) Accept grants, loans, and other forms of financial | 14 | | assistance from the federal government, the State, a unit | 15 | | of local government, a foundation, or any other source. | 16 | | (7) Establish and revise, as necessary, any charge or | 17 | | toll assessed for transit over the bridge. | 18 | | (8) Collect or cause to be collected any charge or toll | 19 | | assessed for transit over the bridge. | 20 | | (b) The bridge authority may exercise any of the powers | 21 | | authorized by this Act in the state of Indiana to the extent | 22 | | provided: | 23 | | (1) under Indiana law; or | 24 | | (2) through a joint action taken with Indiana or an | 25 | | Indiana entity as described in Section 10-10 of this Act. |
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| 1 | | Section 10-40. Liability of Illinois Department of | 2 | | Transportation. The Illinois Department of Transportation and | 3 | | its employees are not liable for any action or inaction of the | 4 | | New Harmony Bridge Authority including, but not limited to, | 5 | | damages or injury suffered by any person. | 6 | | Section 10-45. Repeal. If both the State of Illinois and | 7 | | the State of Indiana enter into the compact under Section 5-10 | 8 | | of the New Harmony Bridge Interstate Compact Act on or before | 9 | | December 31, 2019, then this Act is repealed on January 1, | 10 | | 2020. | 11 | | PART 99. EFFECTIVE DATE | 12 | | Section 99-1. Effective date. This Act takes effect upon | 13 | | becoming law.".
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