HB0988 98TH GENERAL ASSEMBLY

LRB098 03895 MLW 33913 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0988

Introduced 1/29/2013, by Rep. David Reis

SYNOPSIS AS INTRODUCED:

New Act

Creates the New Harmony Bridge Compact Act and the New Harmony Bridge Commissioners Act. Contains a statement of legislative findings and purpose. Provides that no later than January 1, 2014, the Governor, by and with the advice and consent of the Senate, shall appoint 3 commissioners to enter into a compact on behalf of the State of Illinois with the State of Indiana to create the New Harmony Bridge Bi-State Commission to effectuate the rehabilitation and maintenance of the New Harmony Bridge. Contains provisions concerning the membership, powers, and duties of the Commission. Provides that the commissioners shall serve without compensation, but shall be entitled to be reimbursed for the necessary expenses incurred in the performance of their duties. Provides that the compact shall expire 5 years after the date it becomes effective, or upon conveyance of the New Harmony Bridge to a private entity, whichever date is earlier, unless the legislatures of the compacting States authorize an extension of the terms of the compact. Effective immediately.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE 1

Section 1-1. 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 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 amendatory Act of the 98th General Assembly is to ensure that the New Harmony Bridge is rehabilitated and maintained so that it can continue to meet the needs of motorists for years to come.

ARTICLE 5

Section 5-1. Short title. This Act may be cited as the New Harmony Bridge Compact Act.

Section 5-5. Compact creating commission. No later than January 1, 2014, 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. Any 2 of the 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, which is a body corporate and politic and which has the following powers and duties:

(1) Contingent upon the Commission's ability to secure 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", which 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;

(6) Upon completion of rehabilitation of the bridge, to locate a private entity capable of maintaining and operating the bridge and to convey the bridge to the entity under reasonable terms; and

(7) 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 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 transaction conducted by the Commission under this agreement and other applicable laws.

ARTICLE IV

When the rehabilitation of the bridge has been completed, the bridge shall be conveyed to a private entity under reasonable terms.

ARTICLE V

The membership of the Commission created by this compact shall consist of 6 voting members, appointed as follows:

(1) Three members shall be chosen by the State of Illinois; one member shall be a resident of Carmi, Illinois; one member shall be a resident of Crossville, Illinois; and one member shall be a resident of White County, Illinois. No more than 2 of these appointees may be from the same political party.

(2) Three members shall be chosen by the State of Indiana; one member shall be a resident of Mt. Vernon, Indiana; one member shall be a resident of New Harmony, Indiana; and one member shall be a resident of Posy County, Indiana. No more than 2 of these appointees may be from the same political party.

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 VI

(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) Until 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 VII

Contingent upon the Commission's ability to secure federal financing, the Commission is authorized and directed to proceed 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 VIII

This compact shall expire 5 years after the date it becomes effective, or upon conveyance of the New Harmony Bridge to a private entity, whichever date is earlier, unless the legislatures of the compacting States authorize an extension of the terms of this compact.

ARTICLE IX

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 5-10. 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 and the New Harmony Bridge Commissioners Act.

Section 5-15. 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 in Section 10-15 of the New Harmony Bridge Commissioners Act.

ARTICLE 10

Section 10-1. Short title. This Act may be cited as the New Harmony Bridge Commissioners Act.

Section 10-5. Appointment and qualifications of commissioners. No later than January 1, 2014, the Governor, by and with the advice and consent of the Senate, shall appoint 3 commissioners of the New Harmony Bridge Bi-State Commission created by compact between the States of Illinois and 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. One member shall be a resident of Carmi, one member shall be a resident of Crossville, and one member shall be a resident of White County. No more than 2 commissioners may be from the same political party.

Section 10-10. Tenure; successors. Of the commissioners first appointed, 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 10-15. 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 temporary appointment until the next meeting of the Senate, when the Governor shall nominate a person to fill the office.

Section 10-20. Compensation and expenses of commissioners. The commissioners shall serve without compensation but shall be entitled to be reimbursed for the necessary expenses incurred in the performance of their duties.

Section 10-25. 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 3 commissioners from the State of Indiana shall form the New Harmony Bridge Bi-State Commission.

Section 10-30. Dissolution of commission; termination of compact. Upon the conveyance of the New Harmony Bridge to a private entity under reasonable terms or 5 years after the date the compact becomes effective, whichever date is earlier, the Commission shall be dissolved and all of its rights, powers, and duties under this Act and under the compact entered into between the State of Illinois and the State of Indiana shall be terminated. The legislatures of the compacting States may authorize an extension of the terms of the compact.

ARTICLE 99

Section 99. Effective date. This Act takes effect upon becoming law.