Sen. Dale A. Righter

Filed: 4/20/2018





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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 Act may be cited as the New
6Harmony Bridge Interstate Compact Act.
7    Section 5-5. Findings; intent. The General Assembly finds
8that the New Harmony Bridge, which crosses the Wabash River
9south of Interstate 64 and has an entrance span in Illinois and
10Indiana, is in need of rehabilitation. The White County Bridge
11Commission, a private entity created by Congress in 1941, lacks
12the resources necessary to rehabilitate and maintain the
13bridge. The New Harmony Bridge provides an important link
14between this State and Indiana. The rehabilitation and
15continued use of the New Harmony Bridge is essential to



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1preserve and improve the public welfare and prosperity of the
2people of this State. It is in the best interests of the public
3welfare and public safety that this State and the State of
4Indiana work together to repair and maintain this historical
5bridge. The intent of this Act is to ensure that the New
6Harmony Bridge is rehabilitated and maintained so that it can
7continue to meet the needs of motorists for years to come.
8    Section 5-10. Compact creating commission. No later than
9January 1, 2019, the Governor, by and with the advice and
10consent of the Senate, shall appoint 3 commissioners to enter
11into a compact on behalf of this State with the State of
12Indiana. If the Senate is not in session at the time for making
13appointments, the Governor shall make temporary appointments
14as in the case of a vacancy. The 3 commissioners so appointed
15may act to enter into the following compact:
19    There is created the New Harmony Bridge Bi-State
20Commission, which is a body corporate and politic and which has
21the following powers and duties:
22    (1) Contingent upon the Commission's ability to secure
23federal financing, to engage in negotiations for the
24acceptance, rehabilitation, and continued use of the New
25Harmony Bridge connecting Illinois State Highway 14 to Indiana



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1State Highway 66 at New Harmony, Indiana;
2    (2) Contingent upon the Commission's ability to secure
3federal financing, to assume the rights and responsibilities of
4the White County Bridge Commission as they relate to the New
5Harmony Bridge;
6    (3) To conduct and review studies, testimony, and other
7information provided by the Illinois and Indiana Departments of
8Transportation, including but not limited to the collection of
9studies and papers entitled "Quest for Rehabilitation,
10Finances, and Public Agency Governance for the White County
11Bridge Commission Successor", which was prepared in the search
12for preservation of the transportation network that maintains
13and enhances the vitality of the bi-state area communities;
14    (4) To secure financing, including but not limited to
15federal funding, for the rehabilitation and maintenance of the
16New Harmony Bridge;
17    (5) To establish and charge tolls for transit over the
18bridge in accordance with the provisions of this compact; and
19    (6) To perform all other necessary and incidental
22    The rate of toll to be charged for transit over the New
23Harmony Bridge shall be adjusted by the Commission as to
24provide a fund sufficient to pay for the reasonable cost of
25maintenance, repairs, and operation (including the approaches
26to the bridge) under economical management, and also to provide



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1a sinking fund sufficient to pay the principal and interest of
2any outstanding bonds. All tolls and other revenues derived
3from facilities of the Commission shall be used as provided in
4this Article II.
6    The Commission shall keep an accurate record of the cost of
7the bridge and of other expenses and of the daily revenues
8collected, and shall report annually to the Governor of each
9State setting forth in detail the operations and transaction
10conducted by the Commission under this agreement and other
11applicable laws.
13    The membership of the Commission created by this compact
14shall 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
2fixed by the legislature of each State, except as provided by
3this compact.
5    (1) The Commission shall elect from its number a
6chairperson and vice-chairperson, and may appoint officers and
7employees as it may require for the performance of its duties,
8and shall fix and determine their qualifications and duties.
9    (2) Until otherwise determined by the legislatures of the
10State of Illinois and the State of Indiana, no action of the
11Commission shall be binding unless taken at a meeting at which
12at least 2 members from each State are present and unless a
13majority of the members from each State present at the meeting
14vote in favor of the action. Each State reserves the right to
15provide by law for the exercise of the veto power by the
16Governor over any action of any commissioner.
17    (3) The State of Illinois and the State of Indiana shall
18provide penalties for violations of any order, rule, or
19regulation of the Commission, and for the manner of
22    Contingent upon the Commission's ability to secure federal
23financing, the Commission is authorized and directed to proceed
24with the rehabilitation of the bridge as rapidly as
25economically practicable and is vested with all necessary and
26appropriate powers, not inconsistent with the constitution or



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1the laws of the United States or of either the State of
2Illinois or the State of Indiana, to effect the same, except
3the power to assess or levy taxes.
5    In witness thereof, we have here set our hands and seals
6under the authority vested in us by law.
8In the Presence of:
10    Section 5-15. Signing and filing of compact; bi-state
11participation required. The compact shall, when signed by the
12signatories as provided by this Act, become binding upon the
13State of Illinois and shall be filed in the office of the
14Secretary of State, except the compact shall not become
15effective unless prior to the signing of the compact, the
16Indiana General Assembly passes legislation providing for the
17creation of the New Harmony Bridge Bi-State Commission under
18terms consistent with this Act and the New Harmony Bridge
19Commissioners Act.
20    Section 5-20. Filling of vacancies. A vacancy occurring in
21the office of an appointed commissioner shall be filled by
22appointment by the Governor for the unexpired term, as provided
23in Section 35.



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1    Section 5-25. Appointment and qualifications of
2commissioners. No later than January 1, 2019, the Governor, by
3and with the advice and consent of the Senate, shall appoint 3
4commissioners to enter into the compact and who shall also be
5members of the New Harmony Bridge Bi-State Commission created
6by compact between the States of Illinois and Indiana. If the
7Senate is not in session at the time for making appointments,
8the Governor shall make temporary appointments as in the case
9of a vacancy. No more than 2 members appointed by the Governor
10may be from the same political party.
11    The White County Board shall appoint one member and the
12Mayor of Phillipstown shall appoint one member to the New
13Harmony Bridge Bi-State Commission no later than 30 days after
14the Harmony Bridge Bi-State Commission is created.
15    Section 5-30. Tenure; successors. Of the commissioners
16first appointed, one shall be appointed to serve for a term of
17one year, one for 2 years, and one for 3 years. At the
18expiration of the term of each commissioner and of each
19succeeding commissioner, the Governor shall appoint a
20successor who shall hold office for a term of 3 years. Each
21commissioner shall hold office until his or her successor has
22been appointed and qualified.
23    Section 5-35. Filling vacancies. A vacancy occurring in the
24office of an appointed commissioner shall be filled by



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1appointment by the Governor, by and with the advice and consent
2of the Senate, for the unexpired term. In the case of a vacancy
3while the Senate is not in session, the Governor shall make a
4temporary appointment until the next meeting of the Senate,
5when the Governor shall nominate a person to fill the office.
6    Section 5-40. Compensation and expenses of commissioners.
7The commissioners shall serve without compensation but shall be
8reimbursed for the necessary expenses incurred in the
9performance of their duties.
10    Section 5-45. Powers and duties of commissioners. The
11commissioners shall have the powers and duties and be subject
12to the limitations provided for in the compact entered between
13the State of Illinois and the State of Indiana to form the New
14Harmony Bridge Bi-State Commission, and, together with 3
15commissioners from the State of Indiana, shall form the New
16Harmony Bridge Bi-State Commission.
17    Section 5-50. Liability of Illinois Department of
18Transportation. The Illinois Department of Transportation and
19its employees are not liable for any action or inaction of the
20New Harmony Bridge Bi-State Commission including, but not
21limited 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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1State of Indiana do not enter into the compact under Section
25-10 on or before December 31, 2019, then this Act is repealed
3on January 1, 2020.

5    Section 10-1. Short title. This Act may be cited as the New
6Harmony Bridge Authority Act.
7    Section 10-5. Definitions. As used in this Act:
8    (1) "Bridge" means the White County bridge over the Wabash
9River that connects White County, Illinois, and Posey County,
10Indiana. "Bridge" includes all approaches and rights of way
11necessary or desirable for the operation and maintenance of the
13    (2) "Bridge authority" means the New Harmony River Bridge
14Authority created by Section 10-10.
15    (3) "Commission" refers to the White County bridge
16commission created by Congressional Act of April 12, 1941,
17Public 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
20not enter into the compact under Section 5-10 of the New
21Harmony Bridge Interstate Compact Act on or before December 31,
222019, the New Harmony River Bridge Authority is established on



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1January 1, 2020 as a body corporate and politic of the State
2for the purposes set forth in Section 10-30.
3    (b) The bridge authority has the power to make and enter
4into any contract that may be necessary to implement this Act
5only if federal funding or other non-State funding has been
6secured by the bridge authority to cover any necessary or
7incidental costs of the contract. The bridge authority's
8contract power includes the ability to enter into an agreement
9or contract with the State of Indiana or any governmental
10entity 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
16by the bridge authority is not subject to approval or
17ratification by any other board, body, or officer.
18    (c) Subject to federal funding or other non-State funding,
19the bridge authority may exercise its powers with respect to
20the assets of the commission, if any, including the power to
21contract with an entity, public or private, established in
22Indiana, to the extent permitted by Indiana law.
23    Section 10-15. Members.
24    (a) The bridge authority shall be composed of the following



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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
15member's duties, shall execute a bond payable to the State. The
16bond 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
23upon securing of federal funding or other non-State funding.
24    (d) If a member ceases to be qualified under this Section,
25the member forfeits the member's office.
26    (e) Bridge authority members are not entitled to salaries



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1but may seek reimbursement for expenses incurred in the
2performance of their duties upon securing of federal funding or
3other non-State funding.
4    Section 10-20. Member terms and vacancies.
5    (a) An appointment to the bridge authority shall be for a
6term 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
16for any unexpired term of a member or for any member appointed
17by the other members of the bridge authority as provided in
18this Section.
19    (c) A member of the bridge authority, including a member
20appointed under Section 10-15, may be reappointed.
21    Section 10-25. Meetings.
22    (a) The bridge authority shall hold an organizational
23meeting within 30 days after the initial appointment of the
24members and every January of each subsequent year. During each



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1organizational meeting, the bridge authority must elect the
2following 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
7implement this Section.
8    Section 10-30. Purpose. The bridge authority is
9established 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
23adequate 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
21authorized by this Act in the state of Indiana to the extent
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
2Transportation. The Illinois Department of Transportation and
3its employees are not liable for any action or inaction of the
4New Harmony Bridge Authority including, but not limited to,
5damages or injury suffered by any person.
6    Section 10-45. Repeal. If both the State of Illinois and
7the State of Indiana enter into the compact under Section 5-10
8of the New Harmony Bridge Interstate Compact Act on or before
9December 31, 2019, then this Act is repealed on January 1,

12    Section 99-1. Effective date. This Act takes effect upon
13becoming law.".