Rep. David B. Reis

Filed: 5/21/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2804 by replacing
3everything after the enacting clause with the following:

5    Section 5-1. Short title. This Part may be cited as the New
6Harmony Bridge Authority Act. References in this Part to "this
7Act" 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



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1continued use of the New Harmony Bridge is essential to
2preserve and improve the public welfare and prosperity of the
3people of this State. It is in the best interests of the public
4welfare and public safety that this State and the State of
5Indiana work together to repair and maintain this historical
6bridge. The intent of this Act is to ensure that the New
7Harmony Bridge is rehabilitated and maintained so that it can
8meet 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
11River that connects White County, Illinois, and Posey County,
12Indiana. "Bridge" includes all approaches and rights of way
13necessary or desirable for the operation and maintenance of the
15    (2) "Bridge authority" means the New Harmony River Bridge
16Authority created by Section 5-15.
17    (3) "Commission" refers to the White County bridge
18commission created by Congressional Act of April 12, 1941,
19Public Law 77-37, 55 Stat. 140.
20    Section 5-15. Authority establishment.
21    (a) The New Harmony River Bridge Authority is established
22as a body corporate and politic of the State for the purposes
23set forth in Section 5-35.
24    (b) The bridge authority has the power to make and enter



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1into any contract that may be necessary to implement this Act.
2The bridge authority's contract power includes the ability to
3enter into an agreement or contract with the State of Indiana
4or 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
10by the bridge authority is not subject to approval or
11ratification by any other board, body, or officer.
12    (c) The bridge authority may exercise its powers with
13respect to the assets of the commission, if any, including the
14power to contract with an entity, public or private,
15established 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
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



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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
8member's duties, shall execute a bond payable to the State. The
9bond 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
16upon securing of funding.
17    (d) If a member ceases to be qualified under this Section,
18the member forfeits the member's office.
19    (e) Bridge authority members are not entitled to salaries
20but may seek reimbursement for expenses incurred in the
21performance 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
24term of 4 years. Each member appointed to the bridge authority:
25        (1) shall hold office for the term of the appointment;



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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
9Governor, by and with the advice and consent of the Senate, for
10the unexpired term. In the case of a vacancy while the Senate
11is not in session, the Governor shall make a temporary
12appointment until the next meeting of the Senate, when the
13Governor shall nominate a person to fill the office.
14    (c) A member of the bridge authority, including a member
15appointed under Section 5-20, may be reappointed.
16    Section 5-30. Meetings.
17    (a) The bridge authority shall hold an organizational
18meeting within 30 days after the initial appointment of the
19members and every January of each subsequent year. During each
20organizational meeting, the bridge authority must elect the
21following 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



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1implement this Section.
2    Section 5-35. Purpose. The bridge authority is established
3for 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



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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



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1authorized by this Act in the state of Indiana to the extent
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
7authorized and directed to proceed with the rehabilitation of
8the bridge as rapidly as economically practicable and is vested
9with all necessary and appropriate powers, not inconsistent
10with the constitution or the laws of the United States or of
11either the State of Illinois or the State of Indiana, to effect
12the same, except the power to assess or levy taxes.
13    Section 5-50. Taxes. The Authority has no independent power
14to tax. The Authority is not required to pay any taxes or
15assessments of any kind or nature upon any property required or
16used by it for its purposes or any rates, fees, rents,
17receipts, or incomes at any time received by it. The bonds
18issued by the Authority under item (9) of subsection (a) of
19Section 5-40, their transfer, and the income from the bonds are
20not taxable income for the purposes of the individual and
21corporate income tax under Illinois law and shall not be taxed
22by any unit of local government.
23    Section 5-55. Interstate compact; rights of the Authority.



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1If both the State of Illinois and the State of Indiana enter
2into the compact under Section 10-5 of the New Harmony Bridge
3Interstate Compact Act, then the Authority may transfer all
4rights, powers, and duties of the Authority to the New Harmony
5Bridge Bi-State Commission.

7    Section 10-1. Short title. This Part may be cited as the
8New Harmony Bridge Interstate Compact Act. References in this
9Part to "this Act" mean this Part.
10    Section 10-5. Compact creating commission. The Governor,
11by and with the advice and consent of the Senate, shall appoint
123 commissioners to enter into a compact on behalf of this State
13with the State of Indiana. If the Senate is not in session at
14the time for making appointments, the Governor shall make
15temporary appointments as in the case of a vacancy. No more
16than 2 members appointed by the Governor may be from the same
17political party. The 3 commissioners so appointed may act to
18enter into the following compact:
22    There is created the New Harmony Bridge Bi-State
23Commission, a body corporate and politic having the following



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1powers and duties:
2    (1) To engage in negotiations for the acceptance,
3rehabilitation, and continued use of the New Harmony Bridge
4connecting Illinois State Highway 14 to Indiana State Highway
566 at New Harmony, Indiana;
6    (2) To assume the rights and responsibilities of the
7Illinois New Harmony Bridge Authority and the Indiana New
8Harmony and Wabash River Bridge Authority as they relate to the
9New Harmony Bridge;
10    (3) To conduct and review studies, testimony, and other
11information provided by the Illinois and Indiana Departments of
12Transportation, including, but not limited to, the collection
13of studies and papers entitled "Quest for Rehabilitation,
14Finances, and Public Agency Governance for the White County
15Bridge Commission Successor", that was prepared in the search
16for preservation of the transportation network that maintains
17and enhances the vitality of the bi-state area communities;
18    (4) To secure financing, for the rehabilitation and
19maintenance of the New Harmony Bridge;
20    (5) To establish and charge tolls for transit over the
21bridge in accordance with the provisions of this compact; and
22    (6) To perform all other necessary and incidental
25    The rate of toll to be charged for transit over the New
26Harmony Bridge shall be adjusted by the Commission as to



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1provide a fund sufficient to pay for the reasonable cost of
2maintenance, repairs, and operation (including the approaches
3to the bridge) under economical management, and also to provide
4a sinking fund sufficient to pay the principal and interest of
5any outstanding bonds. All tolls and other revenues derived
6from facilities of the Commission shall be used as provided in
7this Article II.
9    The Commission shall keep an accurate record of the cost of
10the bridge and of other expenses and of the daily revenues
11collected, and shall report annually to the Governor of each
12State setting forth in detail the operations and transactions
13conducted by the Commission under this agreement and other
14applicable laws.
16    The membership of the Commission created by this compact
17shall 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



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1fixed by the legislature of each State, except as provided by
2this compact.
4    (1) The Commission shall elect from its number a
5chairperson and vice-chairperson, and may appoint officers and
6employees as it may require for the performance of its duties,
7and shall fix and determine their qualifications and duties.
8    (2) Unless otherwise determined by the legislatures of the
9State of Illinois and the State of Indiana, no action of the
10Commission shall be binding unless taken at a meeting at which
11at least 2 members from each State are present and unless a
12majority of the members from each State present at the meeting
13vote in favor of the action. Each State reserves the right to
14provide by law for the exercise of the veto power by the
15Governor over any action of any commissioner.
16    (3) The State of Illinois and the State of Indiana shall
17provide penalties for violations of any order, rule, or
18regulation of the Commission, and for the manner of
21    The Commission is authorized and directed to proceed with
22the rehabilitation of the bridge as rapidly as economically
23practicable and is vested with all necessary and appropriate
24powers, not inconsistent with the constitution or the laws of
25the United States or of either the State of Illinois or the
26State of Indiana, to effect the same, except the power to



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1assess or levy taxes.
3    The Commission has no independent power to tax.
4    The Commission is not required to pay any taxes or
5assessments of any kind or nature upon any property required or
6used by it for its purposes or any rates, fees, rents,
7receipts, or incomes at any time received by it. The bonds
8issued by the Commission under Article VIII, their transfer,
9and the income from the bonds are not taxable income for the
10purposes of the individual and corporate income tax under
11Illinois or Indiana law and shall not be taxed by any political
12subdivision of Illinois or Indiana.
14    The Commission may incur indebtedness subject to debt
15limits imposed by substantially identical laws of the states of
16Illinois and Indiana. Indebtedness of the Commission may not be
17secured by the full faith and credit or the tax revenues of the
18state of Illinois or Indiana or a political subdivision of the
19state of Illinois or Indiana other than the Commission or as
20otherwise authorized by substantially identical laws of the
21states of Illinois and Indiana. Bonds shall be issued only
22under terms authorized by substantially identical laws of the
23states of Illinois and Indiana.
25    In witness thereof, we have here set our hands and seals
26under the authority vested in us by law.



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2In the Presence of:
4    Section 10-10. Signing and filing of compact; bi-state
5participation required. The compact shall, when signed by the
6signatories as provided by this Act, become binding upon the
7State of Illinois and shall be filed in the office of the
8Secretary of State, except the compact shall not become
9effective unless prior to the signing of the compact, the
10Indiana General Assembly passes legislation providing for the
11creation of the New Harmony Bridge Bi-State Commission under
12terms consistent with this Act.
13    Section 10-15. Appointment and qualifications of
14commissioners. The commissioners appointed by the Governor
15under Section 10-5 shall also be members of the New Harmony
16Bridge Bi-State Commission created by compact between the
17States of Illinois and Indiana.
18    The White County Board shall appoint one member and the
19Mayor of Phillipstown shall appoint one member to the New
20Harmony Bridge Bi-State Commission no later than 30 days after
21the Harmony Bridge Bi-State Commission is created.
22    Section 10-20. Tenure; successors. The term of a
23commissioner is 4 years. At the expiration of the term of each



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1commissioner and of each succeeding commissioner, the Governor
2shall appoint a successor who shall hold office for a term of 3
3years. Each commissioner shall hold office until his or her
4successor has been appointed and qualified.
5    Section 10-25. Filling vacancies. A vacancy occurring in
6the office of an appointed commissioner shall be filled by
7appointment by the Governor, by and with the advice and consent
8of the Senate, for the unexpired term. In the case of a vacancy
9while the Senate is not in session, the Governor shall make a
10temporary appointment until the next meeting of the Senate,
11when the Governor shall nominate a person to fill the office.
12    Section 10-30. Compensation and expenses of commissioners.
13The commissioners shall serve without compensation but shall be
14reimbursed for the necessary expenses incurred in the
15performance of their duties.
16    Section 10-35. Powers and duties of commissioners. The
17commissioners shall have the powers and duties and be subject
18to the limitations provided for in the compact entered between
19the State of Illinois and the State of Indiana to form the New
20Harmony Bridge Bi-State Commission, and, together with the
21commissioners from the State of Indiana, shall form the New
22Harmony Bridge Bi-State Commission.



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