Bill Text: IL HB0988 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0988 Detail]

Download: Illinois-2013-HB0988-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB0988 Introduced , 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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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
Section 1-1. Findings; intent. The General Assembly finds
that the New Harmony Bridge, which crosses the Wabash River
south of Interstate 64 and has an entrance span in Illinois and
Indiana, is in need of rehabilitation. The White County Bridge
Commission, a private entity created by Congress in 1941, lacks
the resources necessary to rehabilitate and maintain the
bridge. The New Harmony Bridge provides an important link
between this State and Indiana. The rehabilitation and
continued use of the New Harmony Bridge is essential to
preserve and improve the public welfare and prosperity of the
people of this State. It is in the best interests of the public
welfare and public safety that this State and the State of
Indiana work together to repair and maintain this historical
bridge. The intent of this amendatory Act of the 98th General
Assembly is to ensure that the New Harmony Bridge is
rehabilitated and maintained so that it can continue to meet
the needs of motorists for years to come.
ARTICLE 5

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Section 5-1. Short title. This Act may be cited as the New
Harmony Bridge Compact Act.
Section 5-5. Compact creating commission. 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 this State with the State of
Indiana. If the Senate is not in session at the time for making
appointments, the Governor shall make temporary appointments
as in the case of a vacancy. Any 2 of the commissioners so
appointed may act to enter into the following compact:
COMPACT BETWEEN ILLINOIS AND INDIANA CREATING THE NEW HARMONY
BRIDGE BI-STATE COMMISSION
ARTICLE I
There is created the New Harmony Bridge Bi-State
Commission, which is a body corporate and politic and which has
the following powers and duties:
(1) Contingent upon the Commission's ability to secure
federal financing, to engage in negotiations for the
acceptance, rehabilitation, and continued use of the New
Harmony Bridge connecting Illinois State Highway 14 to Indiana
State Highway 66 at New Harmony, Indiana;
(2) Contingent upon the Commission's ability to secure
federal financing, to assume the rights and responsibilities of
the White County Bridge Commission as they relate to the New

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Harmony Bridge;
(3) To conduct and review studies, testimony, and other
information provided by the Illinois and Indiana Departments of
Transportation, including but not limited to the collection of
studies and papers entitled "Quest for Rehabilitation,
Finances, and Public Agency Governance for the White County
Bridge Commission Successor", which was prepared in the search
for preservation of the transportation network that maintains
and enhances the vitality of the bi-state area communities;
(4) To secure financing, including but not limited to
federal funding, for the rehabilitation and maintenance of the
New Harmony Bridge;
(5) To establish and charge tolls for transit over the
bridge in accordance with the provisions of this compact;
(6) Upon completion of rehabilitation of the bridge, to
locate a private entity capable of maintaining and operating
the bridge and to convey the bridge to the entity under
reasonable terms; and
(7) To perform all other necessary and incidental
functions.
ARTICLE II
The rate of toll to be charged for transit over the New
Harmony Bridge shall be adjusted by the Commission as to
provide a fund sufficient to pay for the reasonable cost of
maintenance, repairs, and operation (including the approaches
to the bridge) under economical management, and also to provide

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a sinking fund sufficient to pay the principal and interest of
any outstanding bonds. All tolls and other revenues derived
from facilities of the Commission shall be used as provided in
this Article II.
ARTICLE III
The Commission shall keep an accurate record of the cost of
the bridge and of other expenses and of the daily revenues
collected, and shall report annually to the Governor of each
State setting forth in detail the operations and transaction
conducted by the Commission under this agreement and other
applicable laws.
ARTICLE IV
When the rehabilitation of the bridge has been completed,
the bridge shall be conveyed to a private entity under
reasonable terms.
ARTICLE V
The membership of the Commission created by this compact
shall consist of 6 voting members, appointed as follows:
(1) Three members shall be chosen by the State of
Illinois; one member shall be a resident of Carmi,
Illinois; one member shall be a resident of Crossville,
Illinois; and one member shall be a resident of White
County, Illinois. No more than 2 of these appointees may be
from the same political party.
(2) Three members shall be chosen by the State of
Indiana; one member shall be a resident of Mt. Vernon,

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

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financing, the Commission is authorized and directed to proceed
with the rehabilitation of the bridge as rapidly as
economically practicable and is vested with all necessary and
appropriate powers, not inconsistent with the constitution or
the laws of the United States or of either the State of
Illinois or the State of Indiana, to effect the same, except
the power to assess or levy taxes.
ARTICLE VIII
This 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 this compact.
ARTICLE IX
In witness thereof, we have here set our hands and seals
under the authority vested in us by law.
(Signed)
In the Presence of:
(Signed)
Section 5-10. Signing and filing of compact; bi-state
participation required. The compact shall when signed by the
signatories as provided by this Act become binding upon the
State of Illinois and shall be filed in the office of the
Secretary of State, except the compact shall not become
effective unless prior to the signing of the compact, the

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Indiana General Assembly passes legislation providing for the
creation of the New Harmony Bridge Bi-State Commission under
terms consistent with this Act and the New Harmony Bridge
Commissioners Act.
Section 5-15. Filling of vacancies. A vacancy occurring in
the office of an appointed commissioner shall be filled by
appointment by the Governor for the unexpired term, as provided
in Section 10-15 of the New Harmony Bridge Commissioners Act.
ARTICLE 10
Section 10-1. Short title. This Act may be cited as the New
Harmony Bridge Commissioners Act.
Section 10-5. Appointment and qualifications of
commissioners. No later than January 1, 2014, the Governor, by
and with the advice and consent of the Senate, shall appoint 3
commissioners of the New Harmony Bridge Bi-State Commission
created by compact between the States of Illinois and Indiana.
If the Senate is not in session at the time for making
appointments, the Governor shall make temporary appointments
as in the case of a vacancy. One member shall be a resident of
Carmi, one member shall be a resident of Crossville, and one
member shall be a resident of White County. No more than 2
commissioners may be from the same political party.

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

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the State of Illinois and the State of Indiana to form the New
Harmony Bridge Bi-State Commission, and together with 3
commissioners from the State of Indiana shall form the New
Harmony Bridge Bi-State Commission.
Section 10-30. Dissolution of commission; termination of
compact. Upon the conveyance of the New Harmony Bridge to a
private entity under reasonable terms or 5 years after the date
the compact becomes effective, whichever date is earlier, the
Commission shall be dissolved and all of its rights, powers,
and duties under this Act and under the compact entered into
between the State of Illinois and the State of Indiana shall be
terminated. The legislatures of the compacting States may
authorize an extension of the terms of the compact.
ARTICLE 99
Section 99. Effective date. This Act takes effect upon
becoming law.