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New Harmony Bridge Authority Act

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(45 ILCS 185/Pt. 5 heading)

PART 5. NEW HARMONY BRIDGE AUTHORITY ACT

(45 ILCS 185/5-1)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-5)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-10)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-15)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-20)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-25)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-30)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-35)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-40)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-45)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-50)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

(45 ILCS 185/5-55)

Sec. 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.

(Source: P.A. 100-981, eff. 8-19-18.)

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