Full Text of SB2804 100th General Assembly
SB2804sam002 100TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 5/8/2018
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| 1 | | AMENDMENT TO SENATE BILL 2804
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2804 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "PART 5. NEW HARMONY BRIDGE INTERSTATE COMPACT ACT | 5 | | Section 5-1. Short title. This Part may be cited as the New | 6 | | Harmony Bridge Interstate Compact Act. References in this Part | 7 | | to "this Act" mean this Part. | 8 | | Section 5-5. Findings; intent. The General Assembly finds | 9 | | that the New Harmony Bridge, which crosses the Wabash River | 10 | | south of Interstate 64 and has an entrance span in Illinois and | 11 | | Indiana, is in need of rehabilitation. The White County Bridge | 12 | | Commission, a private entity created by Congress in 1941, lacks | 13 | | the resources necessary to rehabilitate and maintain the | 14 | | bridge. The New Harmony Bridge provides an important link | 15 | | between this State and Indiana. The rehabilitation and |
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| 1 | | continued use of the New Harmony Bridge is essential to | 2 | | preserve and improve the public welfare and prosperity of the | 3 | | people of this State. It is in the best interests of the public | 4 | | welfare and public safety that this State and the State of | 5 | | Indiana work together to repair and maintain this historical | 6 | | bridge. The intent of this Act is to ensure that the New | 7 | | Harmony Bridge is rehabilitated and maintained so that it can | 8 | | meet the needs of motorists for years to come. | 9 | | Section 5-10. Compact creating commission. No later than | 10 | | January 1, 2019, the Governor, by and with the advice and | 11 | | consent of the Senate, shall appoint 3 commissioners to enter | 12 | | into a compact on behalf of this State with the State of | 13 | | Indiana. If the Senate is not in session at the time for making | 14 | | appointments, the Governor shall make temporary appointments | 15 | | as in the case of a vacancy. No more than 2 members appointed | 16 | | by the Governor may be from the same political party. The 3 | 17 | | commissioners so appointed may act to enter into the following | 18 | | compact: | 19 | | COMPACT BETWEEN ILLINOIS AND INDIANA CREATING THE NEW HARMONY | 20 | | BRIDGE BI-STATE COMMISSION | 21 | | ARTICLE I | 22 | | There is created the New Harmony Bridge Bi-State | 23 | | Commission, a body corporate and politic having the following | 24 | | powers and duties: | 25 | | (1) Contingent upon the Commission's ability to secure |
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| 1 | | federal financing, to engage in negotiations for the | 2 | | acceptance, rehabilitation, and continued use of the New | 3 | | Harmony Bridge connecting Illinois State Highway 14 to Indiana | 4 | | State Highway 66 at New Harmony, Indiana; | 5 | | (2) Contingent upon the Commission's ability to secure | 6 | | federal financing, to assume the rights and responsibilities of | 7 | | the White County Bridge Commission as they relate to the New | 8 | | Harmony Bridge; | 9 | | (3) To conduct and review studies, testimony, and other | 10 | | information provided by the Illinois and Indiana Departments of | 11 | | Transportation, including, but not limited to, the collection | 12 | | of studies and papers entitled "Quest for Rehabilitation, | 13 | | Finances, and Public Agency Governance for the White County | 14 | | Bridge Commission Successor", that was prepared in the search | 15 | | for preservation of the transportation network that maintains | 16 | | and enhances the vitality of the bi-state area communities; | 17 | | (4) To secure financing, including, but not limited to, | 18 | | federal funding, for the rehabilitation and maintenance of the | 19 | | New Harmony Bridge; | 20 | | (5) To establish and charge tolls for transit over the | 21 | | bridge in accordance with the provisions of this compact; and | 22 | | (6) To perform all other necessary and incidental | 23 | | functions. | 24 | | ARTICLE II | 25 | | The rate of toll to be charged for transit over the New | 26 | | Harmony Bridge shall be adjusted by the Commission as to |
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| 1 | | provide a fund sufficient to pay for the reasonable cost of | 2 | | maintenance, repairs, and operation (including the approaches | 3 | | to the bridge) under economical management, and also to provide | 4 | | a sinking fund sufficient to pay the principal and interest of | 5 | | any outstanding bonds. All tolls and other revenues derived | 6 | | from facilities of the Commission shall be used as provided in | 7 | | this Article II. | 8 | | ARTICLE III | 9 | | The Commission shall keep an accurate record of the cost of | 10 | | the bridge and of other expenses and of the daily revenues | 11 | | collected, and shall report annually to the Governor of each | 12 | | State setting forth in detail the operations and transactions | 13 | | conducted by the Commission under this agreement and other | 14 | | applicable laws. | 15 | | ARTICLE IV | 16 | | The membership of the Commission created by this compact | 17 | | shall 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 | 5 | | fixed by the legislature of each State, except as provided by | 6 | | this compact. | 7 | | ARTICLE V | 8 | | (1) The Commission shall elect from its number a | 9 | | chairperson and vice-chairperson, and may appoint officers and | 10 | | employees as it may require for the performance of its duties, | 11 | | and shall fix and determine their qualifications and duties. | 12 | | (2) Unless otherwise determined by the legislatures of the | 13 | | State of Illinois and the State of Indiana, no action of the | 14 | | Commission shall be binding unless taken at a meeting at which | 15 | | at least 2 members from each State are present and unless a | 16 | | majority of the members from each State present at the meeting | 17 | | vote in favor of the action. Each State reserves the right to | 18 | | provide by law for the exercise of the veto power by the | 19 | | Governor over any action of any commissioner. | 20 | | (3) The State of Illinois and the State of Indiana shall | 21 | | provide penalties for violations of any order, rule, or | 22 | | regulation of the Commission, and for the manner of | 23 | | enforcement. | 24 | | ARTICLE VI | 25 | | Contingent upon the Commission's ability to secure federal | 26 | | financing, the Commission is authorized and directed to proceed |
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| 1 | | with the rehabilitation of the bridge as rapidly as | 2 | | economically practicable and is vested with all necessary and | 3 | | appropriate powers, not inconsistent with the constitution or | 4 | | the laws of the United States or of either the State of | 5 | | Illinois or the State of Indiana, to effect the same, except | 6 | | the power to assess or levy taxes. | 7 | | ARTICLE VII | 8 | | In witness thereof, we have here set our hands and seals | 9 | | under the authority vested in us by law. | 10 | | (Signed)
| 11 | | In the Presence of:
| 12 | | (Signed) | 13 | | Section 5-15. Signing and filing of compact; bi-state | 14 | | participation required. The compact shall, when signed by the | 15 | | signatories as provided by this Act, become binding upon the | 16 | | State of Illinois and shall be filed in the office of the | 17 | | Secretary of State, except the compact shall not become | 18 | | effective unless prior to the signing of the compact, the | 19 | | Indiana General Assembly passes legislation providing for the | 20 | | creation of the New Harmony Bridge Bi-State Commission under | 21 | | terms consistent with this Act. | 22 | | Section 5-20. Filling of vacancies. A vacancy occurring in | 23 | | the office of an appointed commissioner shall be filled by | 24 | | appointment by the Governor for the unexpired term, as provided |
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| 1 | | in Section 5-35. | 2 | | Section 5-25. Appointment and qualifications of | 3 | | commissioners. The commissioners appointed by the Governor | 4 | | under Section 5-10 shall also be members of the New Harmony | 5 | | Bridge Bi-State Commission created by compact between the | 6 | | States of Illinois and Indiana. | 7 | | The White County Board shall appoint one member and the | 8 | | Mayor of Phillipstown shall appoint one member to the New | 9 | | Harmony Bridge Bi-State Commission no later than 30 days after | 10 | | the Harmony Bridge Bi-State Commission is created. | 11 | | Section 5-30. Tenure; successors. Of the commissioners | 12 | | first appointed under Section 5-10, one shall be appointed to | 13 | | serve for a term of one year, one for 2 years, and one for 3 | 14 | | years. At the expiration of the term of each commissioner and | 15 | | of each succeeding commissioner, the Governor shall appoint a | 16 | | successor who shall hold office for a term of 3 years. Each | 17 | | commissioner shall hold office until his or her successor has | 18 | | been appointed and qualified. | 19 | | Section 5-35. Filling vacancies. A vacancy occurring in the | 20 | | office of an appointed commissioner shall be filled by | 21 | | appointment by the Governor, by and with the advice and consent | 22 | | of the Senate, for the unexpired term. In the case of a vacancy | 23 | | while the Senate is not in session, the Governor shall make a |
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| 1 | | temporary appointment until the next meeting of the Senate, | 2 | | when the Governor shall nominate a person to fill the office. | 3 | | Section 5-40. Compensation and expenses of commissioners. | 4 | | The commissioners shall serve without compensation but shall be | 5 | | reimbursed for the necessary expenses incurred in the | 6 | | performance of their duties. | 7 | | Section 5-45. Powers and duties of commissioners. The | 8 | | commissioners shall have the powers and duties and be subject | 9 | | to the limitations provided for in the compact entered between | 10 | | the State of Illinois and the State of Indiana to form the New | 11 | | Harmony Bridge Bi-State Commission, and, together with the | 12 | | commissioners from the State of Indiana, shall form the New | 13 | | Harmony Bridge Bi-State Commission.
| 14 | | Section 5-50. Repeal. If both the State of Illinois and the | 15 | | State of Indiana do not enter into the compact under Section | 16 | | 5-10 on or before December 31, 2019, then this Act is repealed | 17 | | on January 1, 2020. The Index Department of the Office of the | 18 | | Secretary of State shall notify the Clerk of the House of | 19 | | Representatives, the Secretary of the Senate, and the | 20 | | Legislative Reference Bureau by February 1, 2020 whether the | 21 | | State of Illinois and the State of Indiana entered into the | 22 | | compact on or before December 31, 2019. |
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| 1 | | PART 10. NEW HARMONY BRIDGE AUTHORITY ACT | 2 | | Section 10-1. Short title. This Part may be cited as the | 3 | | New 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 | 7 | | River that connects White County, Illinois, and Posey County, | 8 | | Indiana. "Bridge" includes all approaches and rights of way | 9 | | necessary or desirable for the operation and maintenance of the | 10 | | bridge. | 11 | | (2) "Bridge authority" means the New Harmony River Bridge | 12 | | Authority created by Section 10-10. | 13 | | (3) "Commission" refers to the White County bridge | 14 | | commission created by Congressional Act of April 12, 1941, | 15 | | Public 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 | 18 | | not enter into the compact creating the New Harmony Bridge | 19 | | Bi-State Commission on or before December 31, 2019, the New | 20 | | Harmony River Bridge Authority is established on January 1, | 21 | | 2020 as a body corporate and politic of the State for the | 22 | | purposes set forth in Section 10-30. | 23 | | (b) The bridge authority has the power to make and enter |
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| 1 | | into any contract that may be necessary to implement this Act | 2 | | only if federal funding or other non-State funding has been | 3 | | secured by the bridge authority to cover any necessary or | 4 | | incidental costs of the contract. The bridge authority's | 5 | | contract power includes the ability to enter into an agreement | 6 | | or contract with the State of Indiana or any governmental | 7 | | entity 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 | 13 | | by the bridge authority is not subject to approval or | 14 | | ratification by any other board, body, or officer. | 15 | | (c) Subject to federal funding or other non-State funding, | 16 | | the bridge authority may exercise its powers with respect to | 17 | | the assets of the commission, if any, including the power to | 18 | | contract with an entity, public or private, established in | 19 | | Indiana, to the extent permitted by Indiana law. | 20 | | Section 10-15. Members. | 21 | | (a) The bridge authority shall be composed of the following | 22 | | individuals: | 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 | 12 | | member's duties, shall execute a bond payable to the State. The | 13 | | bond 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 | 20 | | upon securing of federal funding or other non-State funding. | 21 | | (d) If a member ceases to be qualified under this Section, | 22 | | the member forfeits the member's office. | 23 | | (e) Bridge authority members are not entitled to salaries | 24 | | but may seek reimbursement for expenses incurred in the | 25 | | performance of their duties upon securing of federal funding or | 26 | | other 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 | 3 | | term 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 | 13 | | for any unexpired term of a member or for any member appointed | 14 | | by the other members of the bridge authority as provided in | 15 | | this Section. | 16 | | (c) A member of the bridge authority, including a member | 17 | | appointed under Section 10-15, may be reappointed. | 18 | | Section 10-25. Meetings. | 19 | | (a) The bridge authority shall hold an organizational | 20 | | meeting within 30 days after the initial appointment of the | 21 | | members and every January of each subsequent year. During each | 22 | | organizational meeting, the bridge authority must elect the | 23 | | following 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 | 4 | | implement this Section. | 5 | | Section 10-30. Purpose. The bridge authority is | 6 | | established 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 | 20 | | funding, 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 | 18 | | authorized by this Act in the state of Indiana to the extent | 19 | | provided: | 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 | 24 | | the State of Indiana enter into the compact under Section 5-10 | 25 | | of the New Harmony Bridge Interstate Compact Act on or before |
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| 1 | | December 31, 2019, then this Act is repealed on January 1, | 2 | | 2020. The Index Department of the Office of the Secretary of | 3 | | State shall notify the Clerk of the House of Representatives, | 4 | | the Secretary of the Senate, and the Legislative Reference | 5 | | Bureau by February 1, 2020 whether the State of Illinois and | 6 | | the State of Indiana entered into the compact on or before | 7 | | December 31, 2019. | 8 | | PART 99. EFFECTIVE DATE | 9 | | Section 99-1. Effective date. This Act takes effect upon | 10 | | becoming law.".
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