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.


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A BILL FOR

 

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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:
 
4
ARTICLE 1

 
5    Section 1-1. Findings; intent. The General Assembly finds
6that the New Harmony Bridge, which crosses the Wabash River
7south of Interstate 64 and has an entrance span in Illinois and
8Indiana, is in need of rehabilitation. The White County Bridge
9Commission, a private entity created by Congress in 1941, lacks
10the resources necessary to rehabilitate and maintain the
11bridge. The New Harmony Bridge provides an important link
12between this State and Indiana. The rehabilitation and
13continued use of the New Harmony Bridge is essential to
14preserve and improve the public welfare and prosperity of the
15people of this State. It is in the best interests of the public
16welfare and public safety that this State and the State of
17Indiana work together to repair and maintain this historical
18bridge. The intent of this amendatory Act of the 98th General
19Assembly is to ensure that the New Harmony Bridge is
20rehabilitated and maintained so that it can continue to meet
21the needs of motorists for years to come.
 
22
ARTICLE 5

 

 

 

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1    Section 5-1. Short title. This Act may be cited as the New
2Harmony Bridge Compact Act.
 
3    Section 5-5. Compact creating commission. No later than
4January 1, 2014, the Governor, by and with the advice and
5consent of the Senate, shall appoint 3 commissioners to enter
6into a compact on behalf of this State with the State of
7Indiana. If the Senate is not in session at the time for making
8appointments, the Governor shall make temporary appointments
9as in the case of a vacancy. Any 2 of the commissioners so
10appointed may act to enter into the following compact:
11
COMPACT BETWEEN ILLINOIS AND INDIANA CREATING THE NEW HARMONY
12
BRIDGE BI-STATE COMMISSION
13
ARTICLE I
14    There is created the New Harmony Bridge Bi-State
15Commission, which is a body corporate and politic and which has
16the following powers and duties:
17    (1) Contingent upon the Commission's ability to secure
18federal financing, to engage in negotiations for the
19acceptance, rehabilitation, and continued use of the New
20Harmony Bridge connecting Illinois State Highway 14 to Indiana
21State Highway 66 at New Harmony, Indiana;
22    (2) Contingent upon the Commission's ability to secure
23federal financing, to assume the rights and responsibilities of
24the 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 of
5studies and papers entitled "Quest for Rehabilitation,
6Finances, and Public Agency Governance for the White County
7Bridge Commission Successor", which 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;
15    (6) Upon completion of rehabilitation of the bridge, to
16locate a private entity capable of maintaining and operating
17the bridge and to convey the bridge to the entity under
18reasonable terms; and
19    (7) To perform all other necessary and incidental
20functions.
21
ARTICLE II
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.
5
ARTICLE III
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.
12
ARTICLE IV
13    When the rehabilitation of the bridge has been completed,
14the bridge shall be conveyed to a private entity under
15reasonable terms.
16
ARTICLE V
17    The membership of the Commission created by this compact
18shall consist of 6 voting members, appointed as follows:
19        (1) Three members shall be chosen by the State of
20    Illinois; one member shall be a resident of Carmi,
21    Illinois; one member shall be a resident of Crossville,
22    Illinois; and one member shall be a resident of White
23    County, Illinois. No more than 2 of these appointees may be
24    from the same political party.
25        (2) Three members shall be chosen by the State of
26    Indiana; one member shall be a resident of Mt. Vernon,

 

 

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1    Indiana; one member shall be a resident of New Harmony,
2    Indiana; and one member shall be a resident of Posy County,
3    Indiana. No more than 2 of these appointees may be from the
4    same political party.
5    The members shall be chosen in the manner and for the terms
6fixed by the legislature of each State, except as provided by
7this compact.
8
ARTICLE VI
9    (1) The Commission shall elect from its number a
10chairperson and vice-chairperson, and may appoint officers and
11employees as it may require for the performance of its duties,
12and shall fix and determine their qualifications and duties.
13    (2) Until otherwise determined by the legislatures of the
14State of Illinois and the State of Indiana, no action of the
15Commission shall be binding unless taken at a meeting at which
16at least 2 members from each State are present and unless a
17majority of the members from each State present at the meeting
18vote in favor of the action. Each State reserves the right to
19provide by law for the exercise of the veto power by the
20Governor over any action of any commissioner.
21    (3) The State of Illinois and the State of Indiana shall
22provide penalties for violations of any order, rule, or
23regulation of the Commission, and for the manner of
24enforcement.
25
ARTICLE VII
26    Contingent upon the Commission's ability to secure federal

 

 

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1financing, the Commission is authorized and directed to proceed
2with the rehabilitation of the bridge as rapidly as
3economically practicable and is vested with all necessary and
4appropriate powers, not inconsistent with the constitution or
5the laws of the United States or of either the State of
6Illinois or the State of Indiana, to effect the same, except
7the power to assess or levy taxes.
8
ARTICLE VIII
9    This compact shall expire 5 years after the date it becomes
10effective, or upon conveyance of the New Harmony Bridge to a
11private entity, whichever date is earlier, unless the
12legislatures of the compacting States authorize an extension of
13the terms of this compact.
14
ARTICLE IX
15    In witness thereof, we have here set our hands and seals
16under the authority vested in us by law.
17
(Signed)
18In the Presence of:
19(Signed)
 
20    Section 5-10. Signing and filing of compact; bi-state
21participation required. The compact shall when signed by the
22signatories as provided by this Act become binding upon the
23State of Illinois and shall be filed in the office of the
24Secretary of State, except the compact shall not become
25effective unless prior to the signing of the compact, the

 

 

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1Indiana General Assembly passes legislation providing for the
2creation of the New Harmony Bridge Bi-State Commission under
3terms consistent with this Act and the New Harmony Bridge
4Commissioners Act.
 
5    Section 5-15. Filling of vacancies. A vacancy occurring in
6the office of an appointed commissioner shall be filled by
7appointment by the Governor for the unexpired term, as provided
8in Section 10-15 of the New Harmony Bridge Commissioners Act.
 
9
ARTICLE 10

 
10    Section 10-1. Short title. This Act may be cited as the New
11Harmony Bridge Commissioners Act.
 
12    Section 10-5. Appointment and qualifications of
13commissioners. No later than January 1, 2014, the Governor, by
14and with the advice and consent of the Senate, shall appoint 3
15commissioners of the New Harmony Bridge Bi-State Commission
16created by compact between the States of Illinois and Indiana.
17If the Senate is not in session at the time for making
18appointments, the Governor shall make temporary appointments
19as in the case of a vacancy. One member shall be a resident of
20Carmi, one member shall be a resident of Crossville, and one
21member shall be a resident of White County. No more than 2
22commissioners may be from the same political party.
 

 

 

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

 

 

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1the State of Illinois and the State of Indiana to form the New
2Harmony Bridge Bi-State Commission, and together with 3
3commissioners from the State of Indiana shall form the New
4Harmony Bridge Bi-State Commission.
 
5    Section 10-30. Dissolution of commission; termination of
6compact. Upon the conveyance of the New Harmony Bridge to a
7private entity under reasonable terms or 5 years after the date
8the compact becomes effective, whichever date is earlier, the
9Commission shall be dissolved and all of its rights, powers,
10and duties under this Act and under the compact entered into
11between the State of Illinois and the State of Indiana shall be
12terminated. The legislatures of the compacting States may
13authorize an extension of the terms of the compact.
 
14
ARTICLE 99

 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.