Sen. Dale A. Righter

Filed: 5/8/2018





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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 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



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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. Compact creating commission. No later than
10January 1, 2019, the Governor, by and with the advice and
11consent of the Senate, shall appoint 3 commissioners to enter
12into a compact on behalf of this State with the State of
13Indiana. If the Senate is not in session at the time for making
14appointments, the Governor shall make temporary appointments
15as in the case of a vacancy. No more than 2 members appointed
16by the Governor may be from the same political party. The 3
17commissioners so appointed may act to enter into the following
22    There is created the New Harmony Bridge Bi-State
23Commission, a body corporate and politic having the following
24powers and duties:
25    (1) Contingent upon the Commission's ability to secure



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1federal financing, to engage in negotiations for the
2acceptance, rehabilitation, and continued use of the New
3Harmony Bridge connecting Illinois State Highway 14 to Indiana
4State Highway 66 at New Harmony, Indiana;
5    (2) Contingent upon the Commission's ability to secure
6federal financing, to assume the rights and responsibilities of
7the White County Bridge Commission as they relate to the New
8Harmony Bridge;
9    (3) To conduct and review studies, testimony, and other
10information provided by the Illinois and Indiana Departments of
11Transportation, including, but not limited to, the collection
12of studies and papers entitled "Quest for Rehabilitation,
13Finances, and Public Agency Governance for the White County
14Bridge Commission Successor", that was prepared in the search
15for preservation of the transportation network that maintains
16and enhances the vitality of the bi-state area communities;
17    (4) To secure financing, including, but not limited to,
18federal funding, for the rehabilitation and maintenance of the
19New 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: 3 members shall be appointed by the Governor and
26    no more than 2 shall be from the same political party; one



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1    member shall be appointed by the appropriate county
2    executive of Posey County; and one member shall be
3    appointed by the appropriate town executive of New Harmony.
4    The members shall be chosen in the manner and for the terms
5fixed by the legislature of each State, except as provided by
6this compact.
8    (1) The Commission shall elect from its number a
9chairperson and vice-chairperson, and may appoint officers and
10employees as it may require for the performance of its duties,
11and shall fix and determine their qualifications and duties.
12    (2) Unless otherwise determined by the legislatures of the
13State of Illinois and the State of Indiana, no action of the
14Commission shall be binding unless taken at a meeting at which
15at least 2 members from each State are present and unless a
16majority of the members from each State present at the meeting
17vote in favor of the action. Each State reserves the right to
18provide by law for the exercise of the veto power by the
19Governor over any action of any commissioner.
20    (3) The State of Illinois and the State of Indiana shall
21provide penalties for violations of any order, rule, or
22regulation of the Commission, and for the manner of
25    Contingent upon the Commission's ability to secure federal
26financing, the Commission is authorized and directed to proceed



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1with the rehabilitation of the bridge as rapidly as
2economically practicable and is vested with all necessary and
3appropriate powers, not inconsistent with the constitution or
4the laws of the United States or of either the State of
5Illinois or the State of Indiana, to effect the same, except
6the power to assess or levy taxes.
8    In witness thereof, we have here set our hands and seals
9under the authority vested in us by law.
11In the Presence of:
13    Section 5-15. Signing and filing of compact; bi-state
14participation required. The compact shall, when signed by the
15signatories as provided by this Act, become binding upon the
16State of Illinois and shall be filed in the office of the
17Secretary of State, except the compact shall not become
18effective unless prior to the signing of the compact, the
19Indiana General Assembly passes legislation providing for the
20creation of the New Harmony Bridge Bi-State Commission under
21terms consistent with this Act.
22    Section 5-20. Filling of vacancies. A vacancy occurring in
23the office of an appointed commissioner shall be filled by
24appointment by the Governor for the unexpired term, as provided



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



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1temporary appointment until the next meeting of the Senate,
2when the Governor shall nominate a person to fill the office.
3    Section 5-40. Compensation and expenses of commissioners.
4The commissioners shall serve without compensation but shall be
5reimbursed for the necessary expenses incurred in the
6performance of their duties.
7    Section 5-45. Powers and duties of commissioners. The
8commissioners shall have the powers and duties and be subject
9to the limitations provided for in the compact entered between
10the State of Illinois and the State of Indiana to form the New
11Harmony Bridge Bi-State Commission, and, together with the
12commissioners from the State of Indiana, shall form the New
13Harmony Bridge Bi-State Commission.
14    Section 5-50. Repeal. If both the State of Illinois and the
15State of Indiana do not enter into the compact under Section
165-10 on or before December 31, 2019, then this Act is repealed
17on January 1, 2020. The Index Department of the Office of the
18Secretary of State shall notify the Clerk of the House of
19Representatives, the Secretary of the Senate, and the
20Legislative Reference Bureau by February 1, 2020 whether the
21State of Illinois and the State of Indiana entered into the
22compact on or before December 31, 2019.



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2    Section 10-1. Short title. This Part may be cited as the
3New Harmony Bridge Authority Act. References in this Part to
4"this Act" mean this Part.
5    Section 10-5. Definitions. As used in this Act:
6    (1) "Bridge" means the White County bridge over the Wabash
7River that connects White County, Illinois, and Posey County,
8Indiana. "Bridge" includes all approaches and rights of way
9necessary or desirable for the operation and maintenance of the
11    (2) "Bridge authority" means the New Harmony River Bridge
12Authority created by Section 10-10.
13    (3) "Commission" refers to the White County bridge
14commission created by Congressional Act of April 12, 1941,
15Public Law 77-37, 55 Stat. 140.
16    Section 10-10. Authority establishment.
17    (a) If the State of Illinois and the State of Indiana do
18not enter into the compact creating the New Harmony Bridge
19Bi-State Commission on or before December 31, 2019, the New
20Harmony River Bridge Authority is established on January 1,
212020 as a body corporate and politic of the State for the
22purposes set forth in Section 10-30.
23    (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
2only if federal funding or other non-State funding has been
3secured by the bridge authority to cover any necessary or
4incidental costs of the contract. The bridge authority's
5contract power includes the ability to enter into an agreement
6or contract with the State of Indiana or any governmental
7entity in the State of Indiana to:
8        (1) form a joint bridge authority; or
9        (2) grant to the bridge authority the power to own and
10    operate assets in the state of Indiana that are transferred
11    by the commission to the bridge authority.
12    Except as otherwise provided by this Act, a contract made
13by the bridge authority is not subject to approval or
14ratification by any other board, body, or officer.
15    (c) Subject to federal funding or other non-State funding,
16the bridge authority may exercise its powers with respect to
17the assets of the commission, if any, including the power to
18contract with an entity, public or private, established in
19Indiana, to the extent permitted by Indiana law.
20    Section 10-15. Members.
21    (a) The bridge authority shall be composed of the following
23        (1) Three members appointed by the Governor, no more
24    than 2 of whom may be from the same political party.
25        (2) One member appointed by the White County Board.



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1        (3) One member appointed by the Mayor of Phillipstown.
2    (b) If the bridge authority:
3        (1) forms a joint bridge authority between:
4            (A) the State and Indiana; or
5            (B) the State and an Indiana entity; or
6        (2) enters into an agreement with an Indiana entity to
7    jointly act in implementing this Act;
8        then the joint bridge authority may determine the
9    membership and term of office for any bridge authority
10    member representing Indiana or an Indiana entity.
11    (c) Each bridge authority member, before beginning the
12member's duties, shall execute a bond payable to the State. The
13bond must:
14        (1) be in the sum of $15,000;
15        (2) be conditioned upon the member's faithful
16    performance of the duties of the member's office; and
17        (3) account for all monies and property that may come
18    into the member's possession or under the member's control.
19    The cost of the bond shall be paid by the bridge authority
20upon securing of federal funding or other non-State funding.
21    (d) If a member ceases to be qualified under this Section,
22the member forfeits the member's office.
23    (e) Bridge authority members are not entitled to salaries
24but may seek reimbursement for expenses incurred in the
25performance of their duties upon securing of federal funding or
26other non-State funding.



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



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1        (2) A vice chair.
2        (3) A secretary treasurer.
3    (b) The bridge authority may adopt rules in order to
4implement this Section.
5    Section 10-30. Purpose. The bridge authority is
6established for the purpose of:
7        (1) inheriting the assets, duties, powers, and rights
8    of the commission;
9        (2) accepting the transfer and ownership of the bridge
10    and all interests of the commission in real and personal
11    property;
12        (3) accepting or receiving all other assets of the
13    commission; and
14        (4) equipping, financing, improving, maintaining,
15    operating, reconstructing, rehabilitating, and restoring
16    the bridge for use by motor vehicles, pedestrians, and
17    other modes of transportation.
18    Section 10-35. Powers.
19    (a) Subject to adequate federal funding or other non-State
20funding, the bridge authority may:
21        (1) Accept the assets of the commission.
22        (2) Hold, exchange, lease, rent, sell (by conveyance by
23    deed, land sale contract, or other instrument), use, or
24    otherwise dispose of property acquired for the purpose of



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1    implementing this Act.
2        (3) Prescribe the duties and regulate the compensation
3    of the employees of the bridge authority.
4        (4) Provide a pension and retirement system for
5    employees of the bridge authority through use of the
6    appropriate public employees' retirement fund.
7        (5) Contract for the alteration, construction,
8    extension, improvement, rehabilitation, or restoration of
9    the bridge.
10        (6) Accept grants, loans, and other forms of financial
11    assistance from the federal government, the State, a unit
12    of local government, a foundation, or any other source.
13        (7) Establish and revise, as necessary, any charge or
14    toll assessed for transit over the bridge.
15        (8) Collect or cause to be collected any charge or toll
16    assessed for transit over the bridge.
17    (b) The bridge authority may exercise any of the powers
18authorized by this Act in the state of Indiana to the extent
20        (1) under Indiana law; or
21        (2) through a joint action taken with Indiana or an
22    Indiana entity as described in Section 10-10 of this Act.
23    Section 10-40. Repeal. If both the State of Illinois and
24the State of Indiana enter into the compact under Section 5-10
25of the New Harmony Bridge Interstate Compact Act on or before



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1December 31, 2019, then this Act is repealed on January 1,
22020. The Index Department of the Office of the Secretary of
3State shall notify the Clerk of the House of Representatives,
4the Secretary of the Senate, and the Legislative Reference
5Bureau by February 1, 2020 whether the State of Illinois and
6the State of Indiana entered into the compact on or before
7December 31, 2019.

9    Section 99-1. Effective date. This Act takes effect upon
10becoming law.".