Illinois General Assembly - Full Text of Public Act 100-0981
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Public Act 100-0981


 

Public Act 0981 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0981
 
SB2804 EnrolledLRB100 17666 LNS 32837 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
PART 5. NEW HARMONY BRIDGE AUTHORITY ACT

 
    Section 5-1. Short title. This Part may be cited as the New
Harmony Bridge Authority Act. References in this Part to "this
Act" mean this Part.
 
    Section 5-5. 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 Act is to ensure that the New
Harmony Bridge is rehabilitated and maintained so that it can
meet the needs of motorists for years to come.
 
    Section 5-10. Definitions. As used in this Act:
    (1) "Bridge" means the White County bridge over the Wabash
River that connects White County, Illinois, and Posey County,
Indiana. "Bridge" includes all approaches and rights of way
necessary or desirable for the operation and maintenance of the
bridge.
    (2) "Bridge authority" means the New Harmony River Bridge
Authority created by Section 5-15.
    (3) "Commission" refers to the White County bridge
commission created by Congressional Act of April 12, 1941,
Public Law 77-37, 55 Stat. 140.
 
    Section 5-15. Authority establishment.
    (a) The New Harmony River Bridge Authority is established
as a body corporate and politic of the State for the purposes
set forth in Section 5-35.
    (b) The bridge authority has the power to make and enter
into any contract that may be necessary to implement this Act.
The bridge authority's contract power includes the ability to
enter into an agreement or contract with the State of Indiana
or any governmental entity in the State of Indiana to:
        (1) form a joint bridge authority; or
        (2) grant to the bridge authority the power to own and
    operate assets in the state of Indiana that are transferred
    by the commission to the bridge authority.
    Except as otherwise provided by this Act, a contract made
by the bridge authority is not subject to approval or
ratification by any other board, body, or officer.
    (c) The bridge authority may exercise its powers with
respect to the assets of the commission, if any, including the
power to contract with an entity, public or private,
established in Indiana, to the extent permitted by Indiana law.
 
    Section 5-20. Members.
    (a) The bridge authority shall be composed of the following
individuals:
        (1) Three members appointed by the Governor, no more
    than 2 of whom may be from the same political party.
        (2) One member appointed by the White County Board.
        (3) One member appointed by the Mayor of Phillipstown.
    (b) If the bridge authority:
        (1) forms a joint bridge authority between:
            (A) the State and Indiana; or
            (B) the State and an Indiana entity; or
        (2) enters into an agreement with an Indiana entity to
    jointly act in implementing this Act;
        then the joint bridge authority may determine the
    membership and term of office for any bridge authority
    member representing Indiana or an Indiana entity.
    (c) Each bridge authority member, before beginning the
member's duties, shall execute a bond payable to the State. The
bond must:
        (1) be in the sum of $15,000;
        (2) be conditioned upon the member's faithful
    performance of the duties of the member's office; and
        (3) account for all moneys and property that may come
    into the member's possession or under the member's control.
    The cost of the bond shall be paid by the bridge authority
upon securing of funding.
    (d) If a member ceases to be qualified under this Section,
the member forfeits the member's office.
    (e) Bridge authority members are not entitled to salaries
but may seek reimbursement for expenses incurred in the
performance of their duties upon securing of funding.
 
    Section 5-25. Member terms and vacancies.
    (a) An appointment to the bridge authority shall be for a
term of 4 years. Each member appointed to the bridge authority:
        (1) shall hold office for the term of the appointment;
        (2) shall continue to serve after the expiration of the
    appointment until a successor is appointed and qualified;
        (3) remains eligible for reappointment to the bridge
    authority if the requirements described in Section 5-20 of
    this Act remain met; and
        (4) may be removed from office by the other members of
    the bridge authority with or without cause.
    (b) A vacancy 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.
    (c) A member of the bridge authority, including a member
appointed under Section 5-20, may be reappointed.
 
    Section 5-30. Meetings.
    (a) The bridge authority shall hold an organizational
meeting within 30 days after the initial appointment of the
members and every January of each subsequent year. During each
organizational meeting, the bridge authority must elect the
following officers from existing bridge authority membership:
        (1) A chair.
        (2) A vice chair.
        (3) A secretary treasurer.
    (b) The bridge authority may adopt rules in order to
implement this Section.
 
    Section 5-35. Purpose. The bridge authority is established
for the purpose of:
        (1) inheriting the assets, duties, powers, and rights
    of the commission;
        (2) accepting the transfer and ownership of the bridge
    and all interests of the commission in real and personal
    property;
        (3) accepting or receiving all other assets of the
    commission; and
        (4) equipping, financing, improving, maintaining,
    operating, reconstructing, rehabilitating, and restoring
    the bridge for use by motor vehicles, pedestrians, and
    other modes of transportation.
 
    Section 5-40. Powers.
    (a) The bridge authority may:
        (1) Accept the assets of the commission.
        (2) Hold, exchange, lease, rent, sell (by conveyance by
    deed, land sale contract, or other instrument), use, or
    otherwise dispose of property acquired for the purpose of
    implementing this Act.
        (3) Prescribe the duties and regulate the compensation
    of the employees of the bridge authority.
        (4) Provide a pension and retirement system for
    employees of the bridge authority through use of the
    appropriate public employees' retirement fund.
        (5) Contract for the alteration, construction,
    extension, improvement, rehabilitation, or restoration of
    the bridge.
        (6) Accept grants, loans, and other forms of financial
    assistance from the federal government, the State, a unit
    of local government, a foundation, or any other source.
        (7) Establish and revise, as necessary, any charge or
    toll assessed for transit over the bridge.
        (8) Collect or cause to be collected any charge or toll
    assessed for transit over the bridge.
        (9) Borrow money and issue bonds, notes, certificates,
    or other evidences of indebtedness for the purpose of
    accomplishing any of the corporate purposes and refund or
    advance refund any of the evidences of indebtedness with
    bonds, notes, certificates, or other evidence of
    indebtedness, subject to compliance with any condition or
    limitation set forth in this Act.
        (10) Convert the bridge to and from a pedestrian
    bridge, vehicular bridge, or a combination of a pedestrian
    and vehicular bridge.
        (11) Transfer ownership of the bridge to Indiana only
    after approval by White County residents through
    referendum.
    (b) The bridge authority may exercise any of the powers
authorized by this Act in the state of Indiana to the extent
provided:
        (1) under Indiana law; or
        (2) through a joint action taken with Indiana or an
    Indiana entity as described in Section 5-15 of this Act.
 
    Section 5-45. Bridge rehabilitation. The Authority 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.
 
    Section 5-50. Taxes. The Authority has no independent power
to tax. The Authority is not required to pay any taxes or
assessments of any kind or nature upon any property required or
used by it for its purposes or any rates, fees, rents,
receipts, or incomes at any time received by it. The bonds
issued by the Authority under item (9) of subsection (a) of
Section 5-40, their transfer, and the income from the bonds are
not taxable income for the purposes of the individual and
corporate income tax under Illinois law and shall not be taxed
by any unit of local government.
 
    Section 5-55. Interstate compact; rights of the Authority.
If both the State of Illinois and the State of Indiana enter
into the compact under Section 10-5 of the New Harmony Bridge
Interstate Compact Act, then the Authority may transfer all
rights, powers, and duties of the Authority to the New Harmony
Bridge Bi-State Commission.
 
PART 10. NEW HARMONY BRIDGE INTERSTATE COMPACT ACT

 
    Section 10-1. Short title. This Part may be cited as the
New Harmony Bridge Interstate Compact Act. References in this
Part to "this Act" mean this Part.
 
    Section 10-5. Compact creating commission. 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. No more
than 2 members appointed by the Governor may be from the same
political party. The 3 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, a body corporate and politic having the following
powers and duties:
    (1) 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) To assume the rights and responsibilities of the
Illinois New Harmony Bridge Authority and the Indiana New
Harmony and Wabash River Bridge Authority as they relate to the
New 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", that 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, 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; and
    (6) 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
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 transactions
conducted by the Commission under this agreement and other
applicable laws.
ARTICLE IV
    The membership of the Commission created by this compact
shall consist of 10 voting members, appointed as follows:
        (1) Five members shall be chosen by the State of
    Illinois: the 3 commissioners who were appointed by the
    Governor to enter into the compact, but no more than 2 of
    these appointees may be from the same political party; 1
    member appointed by the White County Board; and 1 member
    appointed by the Mayor of Phillipstown.
        (2) Five members shall be chosen by the State of
    Indiana.
    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 V
    (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) Unless 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 VI
    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 VII
    The Commission has no independent power to tax.
    The Commission is not required to pay any taxes or
assessments of any kind or nature upon any property required or
used by it for its purposes or any rates, fees, rents,
receipts, or incomes at any time received by it. The bonds
issued by the Commission under Article VIII, their transfer,
and the income from the bonds are not taxable income for the
purposes of the individual and corporate income tax under
Illinois or Indiana law and shall not be taxed by any political
subdivision of Illinois or Indiana.
ARTICLE VIII
    The Commission may incur indebtedness subject to debt
limits imposed by substantially identical laws of the states of
Illinois and Indiana. Indebtedness of the Commission may not be
secured by the full faith and credit or the tax revenues of the
state of Illinois or Indiana or a political subdivision of the
state of Illinois or Indiana other than the Commission or as
otherwise authorized by substantially identical laws of the
states of Illinois and Indiana. Bonds shall be issued only
under terms authorized by substantially identical laws of the
states of Illinois and Indiana.
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 10-10. 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
Indiana General Assembly passes legislation providing for the
creation of the New Harmony Bridge Bi-State Commission under
terms consistent with this Act.
 
    Section 10-15. Appointment and qualifications of
commissioners. The commissioners appointed by the Governor
under Section 10-5 shall also be members of the New Harmony
Bridge Bi-State Commission created by compact between the
States of Illinois and Indiana.
    The White County Board shall appoint one member and the
Mayor of Phillipstown shall appoint one member to the New
Harmony Bridge Bi-State Commission no later than 30 days after
the Harmony Bridge Bi-State Commission is created.
 
    Section 10-20. Tenure; successors. The term of a
commissioner is 4 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 10-25. 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 10-30. Compensation and expenses of commissioners.
The commissioners shall serve without compensation but shall be
reimbursed for the necessary expenses incurred in the
performance of their duties.
 
    Section 10-35. 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
the State of Illinois and the State of Indiana to form the New
Harmony Bridge Bi-State Commission, and, together with the
commissioners from the State of Indiana, shall form the New
Harmony Bridge Bi-State Commission.
 
PART 99. EFFECTIVE DATE

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

Effective Date: 8/19/2018