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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:

5    Section 5-1. Short title. This Part may be cited as the New
6Harmony Bridge Interstate Compact Act. References in this Part
7to "this Act" mean this Part.
8    Section 5-5. Findings; intent. The General Assembly finds
9that the New Harmony Bridge, which crosses the Wabash River
10south of Interstate 64 and has an entrance span in Illinois and
11Indiana, is in need of rehabilitation. The White County Bridge
12Commission, a private entity created by Congress in 1941, lacks
13the resources necessary to rehabilitate and maintain the
14bridge. The New Harmony Bridge provides an important link
15between this State and Indiana. The rehabilitation and
16continued use of the New Harmony Bridge is essential to
17preserve and improve the public welfare and prosperity of the
18people of this State. It is in the best interests of the public
19welfare and public safety that this State and the State of
20Indiana work together to repair and maintain this historical
21bridge. The intent of this Act is to ensure that the New
22Harmony Bridge is rehabilitated and maintained so that it can



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1meet the needs of motorists for years to come.
2    Section 5-10. Compact creating commission. No later than
3January 1, 2019, the Governor, by and with the advice and
4consent of the Senate, shall appoint 3 commissioners to enter
5into a compact on behalf of this State with the State of
6Indiana. If the Senate is not in session at the time for making
7appointments, the Governor shall make temporary appointments
8as in the case of a vacancy. No more than 2 members appointed
9by the Governor may be from the same political party. The 3
10commissioners so appointed may act to enter into the following
15    There is created the New Harmony Bridge Bi-State
16Commission, a body corporate and politic having the following
17powers and duties:
18    (1) Contingent upon the Commission's ability to secure
19federal financing, to engage in negotiations for the
20acceptance, rehabilitation, and continued use of the New
21Harmony Bridge connecting Illinois State Highway 14 to Indiana
22State Highway 66 at New Harmony, Indiana;
23    (2) Contingent upon the Commission's ability to secure
24federal financing, to assume the rights and responsibilities of
25the White County Bridge Commission as they relate to the New



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1Harmony Bridge;
2    (3) To conduct and review studies, testimony, and other
3information provided by the Illinois and Indiana Departments of
4Transportation, including, but not limited to, the collection
5of studies and papers entitled "Quest for Rehabilitation,
6Finances, and Public Agency Governance for the White County
7Bridge Commission Successor", that was prepared in the search
8for preservation of the transportation network that maintains
9and enhances the vitality of the bi-state area communities;
10    (4) To secure financing, including, but not limited to,
11federal funding, for the rehabilitation and maintenance of the
12New Harmony Bridge;
13    (5) To establish and charge tolls for transit over the
14bridge in accordance with the provisions of this compact; and
15    (6) To perform all other necessary and incidental
18    The rate of toll to be charged for transit over the New
19Harmony Bridge shall be adjusted by the Commission as to
20provide a fund sufficient to pay for the reasonable cost of
21maintenance, repairs, and operation (including the approaches
22to the bridge) under economical management, and also to provide
23a sinking fund sufficient to pay the principal and interest of
24any outstanding bonds. All tolls and other revenues derived
25from facilities of the Commission shall be used as provided in
26this Article II.



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2    The Commission shall keep an accurate record of the cost of
3the bridge and of other expenses and of the daily revenues
4collected, and shall report annually to the Governor of each
5State setting forth in detail the operations and transactions
6conducted by the Commission under this agreement and other
7applicable laws.
9    The membership of the Commission created by this compact
10shall consist of 10 voting members, appointed as follows:
11        (1) Five members shall be chosen by the State of
12    Illinois: the 3 commissioners who were appointed by the
13    Governor to enter into the compact, but no more than 2 of
14    these appointees may be from the same political party; 1
15    member appointed by the White County Board; and 1 member
16    appointed by the Mayor of Phillipstown.
17        (2) Five members shall be chosen by the State of
18    Indiana: 3 members shall be appointed by the Governor and
19    no more than 2 shall be from the same political party; one
20    member shall be appointed by the appropriate county
21    executive of Posey County; and one member shall be
22    appointed by the appropriate town executive of New Harmony.
23    The members shall be chosen in the manner and for the terms
24fixed by the legislature of each State, except as provided by
25this compact.



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1    (1) The Commission shall elect from its number a
2chairperson and vice-chairperson, and may appoint officers and
3employees as it may require for the performance of its duties,
4and shall fix and determine their qualifications and duties.
5    (2) Unless otherwise determined by the legislatures of the
6State of Illinois and the State of Indiana, no action of the
7Commission shall be binding unless taken at a meeting at which
8at least 2 members from each State are present and unless a
9majority of the members from each State present at the meeting
10vote in favor of the action. Each State reserves the right to
11provide by law for the exercise of the veto power by the
12Governor over any action of any commissioner.
13    (3) The State of Illinois and the State of Indiana shall
14provide penalties for violations of any order, rule, or
15regulation of the Commission, and for the manner of
18    Contingent upon the Commission's ability to secure federal
19financing, the Commission is authorized and directed to proceed
20with the rehabilitation of the bridge as rapidly as
21economically practicable and is vested with all necessary and
22appropriate powers, not inconsistent with the constitution or
23the laws of the United States or of either the State of
24Illinois or the State of Indiana, to effect the same, except
25the power to assess or levy taxes.



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1    In witness thereof, we have here set our hands and seals
2under the authority vested in us by law.
4In the Presence of:
6    Section 5-15. Signing and filing of compact; bi-state
7participation required. The compact shall, when signed by the
8signatories as provided by this Act, become binding upon the
9State of Illinois and shall be filed in the office of the
10Secretary of State, except the compact shall not become
11effective unless prior to the signing of the compact, the
12Indiana General Assembly passes legislation providing for the
13creation of the New Harmony Bridge Bi-State Commission under
14terms consistent with this Act.
15    Section 5-20. Filling of vacancies. A vacancy occurring in
16the office of an appointed commissioner shall be filled by
17appointment by the Governor for the unexpired term, as provided
18in Section 5-35.
19    Section 5-25. Appointment and qualifications of
20commissioners. The commissioners appointed by the Governor
21under Section 5-10 shall also be members of the New Harmony
22Bridge Bi-State Commission created by compact between the
23States of Illinois and Indiana.



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1    The White County Board shall appoint one member and the
2Mayor of Phillipstown shall appoint one member to the New
3Harmony Bridge Bi-State Commission no later than 30 days after
4the Harmony Bridge Bi-State Commission is created.
5    Section 5-30. Tenure; successors. Of the commissioners
6first appointed under Section 5-10, one shall be appointed to
7serve for a term of one year, one for 2 years, and one for 3
8years. At the expiration of the term of each commissioner and
9of each succeeding commissioner, the Governor shall appoint a
10successor who shall hold office for a term of 3 years. Each
11commissioner shall hold office until his or her successor has
12been appointed and qualified.
13    Section 5-35. Filling vacancies. A vacancy occurring in the
14office of an appointed commissioner shall be filled by
15appointment by the Governor, by and with the advice and consent
16of the Senate, for the unexpired term. In the case of a vacancy
17while the Senate is not in session, the Governor shall make a
18temporary appointment until the next meeting of the Senate,
19when the Governor shall nominate a person to fill the office.
20    Section 5-40. Compensation and expenses of commissioners.
21The commissioners shall serve without compensation but shall be
22reimbursed for the necessary expenses incurred in the
23performance of their duties.



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1    Section 5-45. Powers and duties of commissioners. The
2commissioners shall have the powers and duties and be subject
3to the limitations provided for in the compact entered between
4the State of Illinois and the State of Indiana to form the New
5Harmony Bridge Bi-State Commission, and, together with the
6commissioners from the State of Indiana, shall form the New
7Harmony Bridge Bi-State Commission.
8    Section 5-50. Repeal. If both the State of Illinois and the
9State of Indiana do not enter into the compact under Section
105-10 on or before December 31, 2019, then this Act is repealed
11on January 1, 2020. The Index Department of the Office of the
12Secretary of State shall notify the Clerk of the House of
13Representatives, the Secretary of the Senate, and the
14Legislative Reference Bureau by February 1, 2020 whether the
15State of Illinois and the State of Indiana entered into the
16compact on or before December 31, 2019.

18    Section 10-1. Short title. This Part may be cited as the
19New Harmony Bridge Authority Act. References in this Part to
20"this Act" mean this Part.
21    Section 10-5. Definitions. As used in this Act:



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1    (1) "Bridge" means the White County bridge over the Wabash
2River that connects White County, Illinois, and Posey County,
3Indiana. "Bridge" includes all approaches and rights of way
4necessary or desirable for the operation and maintenance of the
6    (2) "Bridge authority" means the New Harmony River Bridge
7Authority created by Section 10-10.
8    (3) "Commission" refers to the White County bridge
9commission created by Congressional Act of April 12, 1941,
10Public Law 77-37, 55 Stat. 140.
11    Section 10-10. Authority establishment.
12    (a) If the State of Illinois and the State of Indiana do
13not enter into the compact creating the New Harmony Bridge
14Bi-State Commission on or before December 31, 2019, the New
15Harmony River Bridge Authority is established on January 1,
162020 as a body corporate and politic of the State for the
17purposes set forth in Section 10-30.
18    (b) The bridge authority has the power to make and enter
19into any contract that may be necessary to implement this Act
20only if federal funding or other non-State funding has been
21secured by the bridge authority to cover any necessary or
22incidental costs of the contract. The bridge authority's
23contract power includes the ability to enter into an agreement
24or contract with the State of Indiana or any governmental
25entity in the State of Indiana to:



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1        (1) form a joint bridge authority; or
2        (2) grant to the bridge authority the power to own and
3    operate assets in the state of Indiana that are transferred
4    by the commission to the bridge authority.
5    Except as otherwise provided by this Act, a contract made
6by the bridge authority is not subject to approval or
7ratification by any other board, body, or officer.
8    (c) Subject to federal funding or other non-State funding,
9the bridge authority may exercise its powers with respect to
10the assets of the commission, if any, including the power to
11contract with an entity, public or private, established in
12Indiana, to the extent permitted by Indiana law.
13    Section 10-15. Members.
14    (a) The bridge authority shall be composed of the following
16        (1) Three members appointed by the Governor, no more
17    than 2 of whom may be from the same political party.
18        (2) One member appointed by the White County Board.
19        (3) One member appointed by the Mayor of Phillipstown.
20    (b) If the bridge authority:
21        (1) forms a joint bridge authority between:
22            (A) the State and Indiana; or
23            (B) the State and an Indiana entity; or
24        (2) enters into an agreement with an Indiana entity to
25    jointly act in implementing this Act;



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1        then the joint bridge authority may determine the
2    membership and term of office for any bridge authority
3    member representing Indiana or an Indiana entity.
4    (c) Each bridge authority member, before beginning the
5member's duties, shall execute a bond payable to the State. The
6bond must:
7        (1) be in the sum of $15,000;
8        (2) be conditioned upon the member's faithful
9    performance of the duties of the member's office; and
10        (3) account for all monies and property that may come
11    into the member's possession or under the member's control.
12    The cost of the bond shall be paid by the bridge authority
13upon securing of federal funding or other non-State funding.
14    (d) If a member ceases to be qualified under this Section,
15the member forfeits the member's office.
16    (e) Bridge authority members are not entitled to salaries
17but may seek reimbursement for expenses incurred in the
18performance of their duties upon securing of federal funding or
19other non-State funding.
20    Section 10-20. Member terms and vacancies.
21    (a) An appointment to the bridge authority shall be for a
22term of 4 years. Each member appointed to the bridge authority:
23        (1) shall hold office for the term of the appointment;
24        (2) shall continue to serve after the expiration of the
25    appointment until a successor is appointed and qualified;



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1        (3) remains eligible for reappointment to the bridge
2    authority if the requirements described in Section 10-15 of
3    this Act remain met; and
4        (4) may be removed from office by the other members of
5    the bridge authority with or without cause.
6    (b) Members of the bridge authority shall fill vacancies
7for any unexpired term of a member or for any member appointed
8by the other members of the bridge authority as provided in
9this Section.
10    (c) A member of the bridge authority, including a member
11appointed under Section 10-15, may be reappointed.
12    Section 10-25. Meetings.
13    (a) The bridge authority shall hold an organizational
14meeting within 30 days after the initial appointment of the
15members and every January of each subsequent year. During each
16organizational meeting, the bridge authority must elect the
17following officers from existing bridge authority membership:
18        (1) A chair.
19        (2) A vice chair.
20        (3) A secretary treasurer.
21    (b) The bridge authority may adopt rules in order to
22implement this Section.
23    Section 10-30. Purpose. The bridge authority is
24established for the purpose of:



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1        (1) inheriting the assets, duties, powers, and rights
2    of the commission;
3        (2) accepting the transfer and ownership of the bridge
4    and all interests of the commission in real and personal
5    property;
6        (3) accepting or receiving all other assets of the
7    commission; and
8        (4) equipping, financing, improving, maintaining,
9    operating, reconstructing, rehabilitating, and restoring
10    the bridge for use by motor vehicles, pedestrians, and
11    other modes of transportation.
12    Section 10-35. Powers.
13    (a) Subject to adequate federal funding or other non-State
14funding, the bridge authority may:
15        (1) Accept the assets of the commission.
16        (2) Hold, exchange, lease, rent, sell (by conveyance by
17    deed, land sale contract, or other instrument), use, or
18    otherwise dispose of property acquired for the purpose of
19    implementing this Act.
20        (3) Prescribe the duties and regulate the compensation
21    of the employees of the bridge authority.
22        (4) Provide a pension and retirement system for
23    employees of the bridge authority through use of the
24    appropriate public employees' retirement fund.
25        (5) Contract for the alteration, construction,



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1    extension, improvement, rehabilitation, or restoration of
2    the bridge.
3        (6) Accept grants, loans, and other forms of financial
4    assistance from the federal government, the State, a unit
5    of local government, a foundation, or any other source.
6        (7) Establish and revise, as necessary, any charge or
7    toll assessed for transit over the bridge.
8        (8) Collect or cause to be collected any charge or toll
9    assessed for transit over the bridge.
10    (b) The bridge authority may exercise any of the powers
11authorized by this Act in the state of Indiana to the extent
13        (1) under Indiana law; or
14        (2) through a joint action taken with Indiana or an
15    Indiana entity as described in Section 10-10 of this Act.
16    Section 10-40. Repeal. If both the State of Illinois and
17the State of Indiana enter into the compact under Section 5-10
18of the New Harmony Bridge Interstate Compact Act on or before
19December 31, 2019, then this Act is repealed on January 1,
202020. The Index Department of the Office of the Secretary of
21State shall notify the Clerk of the House of Representatives,
22the Secretary of the Senate, and the Legislative Reference
23Bureau by February 1, 2020 whether the State of Illinois and
24the State of Indiana entered into the compact on or before
25December 31, 2019.



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2    Section 99-1. Effective date. This Act takes effect upon
3becoming law.