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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:

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



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1meet the needs of motorists for years to come.
2    Section 5-10. Definitions. As used in this Act:
3    (1) "Bridge" means the White County bridge over the Wabash
4River that connects White County, Illinois, and Posey County,
5Indiana. "Bridge" includes all approaches and rights of way
6necessary or desirable for the operation and maintenance of the
8    (2) "Bridge authority" means the New Harmony River Bridge
9Authority created by Section 5-15.
10    (3) "Commission" refers to the White County bridge
11commission created by Congressional Act of April 12, 1941,
12Public Law 77-37, 55 Stat. 140.
13    Section 5-15. Authority establishment.
14    (a) The New Harmony River Bridge Authority is established
15as a body corporate and politic of the State for the purposes
16set forth in Section 5-35.
17    (b) The bridge authority has the power to make and enter
18into any contract that may be necessary to implement this Act.
19The bridge authority's contract power includes the ability to
20enter into an agreement or contract with the State of Indiana
21or any governmental entity in the State of Indiana to:
22        (1) form a joint bridge authority; or
23        (2) grant to the bridge authority the power to own and
24    operate assets in the state of Indiana that are transferred



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1    by the commission to the bridge authority.
2    Except as otherwise provided by this Act, a contract made
3by the bridge authority is not subject to approval or
4ratification by any other board, body, or officer.
5    (c) The bridge authority may exercise its powers with
6respect to the assets of the commission, if any, including the
7power to contract with an entity, public or private,
8established in Indiana, to the extent permitted by Indiana law.
9    Section 5-20. Members.
10    (a) The bridge authority shall be composed of the following
12        (1) Three members appointed by the Governor, no more
13    than 2 of whom may be from the same political party.
14        (2) One member appointed by the White County Board.
15        (3) One member appointed by the Mayor of Phillipstown.
16    (b) If the bridge authority:
17        (1) forms a joint bridge authority between:
18            (A) the State and Indiana; or
19            (B) the State and an Indiana entity; or
20        (2) enters into an agreement with an Indiana entity to
21    jointly act in implementing this Act;
22        then the joint bridge authority may determine the
23    membership and term of office for any bridge authority
24    member representing Indiana or an Indiana entity.
25    (c) Each bridge authority member, before beginning the



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1member's duties, shall execute a bond payable to the State. The
2bond must:
3        (1) be in the sum of $15,000;
4        (2) be conditioned upon the member's faithful
5    performance of the duties of the member's office; and
6        (3) account for all moneys and property that may come
7    into the member's possession or under the member's control.
8    The cost of the bond shall be paid by the bridge authority
9upon securing of funding.
10    (d) If a member ceases to be qualified under this Section,
11the member forfeits the member's office.
12    (e) Bridge authority members are not entitled to salaries
13but may seek reimbursement for expenses incurred in the
14performance of their duties upon securing of funding.
15    Section 5-25. Member terms and vacancies.
16    (a) An appointment to the bridge authority shall be for a
17term of 4 years. Each member appointed to the bridge authority:
18        (1) shall hold office for the term of the appointment;
19        (2) shall continue to serve after the expiration of the
20    appointment until a successor is appointed and qualified;
21        (3) remains eligible for reappointment to the bridge
22    authority if the requirements described in Section 5-20 of
23    this Act remain met; and
24        (4) may be removed from office by the other members of
25    the bridge authority with or without cause.



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1    (b) A vacancy shall be filled by appointment by the
2Governor, by and with the advice and consent of the Senate, for
3the unexpired term. In the case of a vacancy while the Senate
4is not in session, the Governor shall make a temporary
5appointment until the next meeting of the Senate, when the
6Governor shall nominate a person to fill the office.
7    (c) A member of the bridge authority, including a member
8appointed under Section 5-20, may be reappointed.
9    Section 5-30. Meetings.
10    (a) The bridge authority shall hold an organizational
11meeting within 30 days after the initial appointment of the
12members and every January of each subsequent year. During each
13organizational meeting, the bridge authority must elect the
14following officers from existing bridge authority membership:
15        (1) A chair.
16        (2) A vice chair.
17        (3) A secretary treasurer.
18    (b) The bridge authority may adopt rules in order to
19implement this Section.
20    Section 5-35. Purpose. The bridge authority is established
21for the purpose of:
22        (1) inheriting the assets, duties, powers, and rights
23    of the commission;
24        (2) accepting the transfer and ownership of the bridge



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1    and all interests of the commission in real and personal
2    property;
3        (3) accepting or receiving all other assets of the
4    commission; and
5        (4) equipping, financing, improving, maintaining,
6    operating, reconstructing, rehabilitating, and restoring
7    the bridge for use by motor vehicles, pedestrians, and
8    other modes of transportation.
9    Section 5-40. Powers.
10    (a) The bridge authority may:
11        (1) Accept the assets of the commission.
12        (2) Hold, exchange, lease, rent, sell (by conveyance by
13    deed, land sale contract, or other instrument), use, or
14    otherwise dispose of property acquired for the purpose of
15    implementing this Act.
16        (3) Prescribe the duties and regulate the compensation
17    of the employees of the bridge authority.
18        (4) Provide a pension and retirement system for
19    employees of the bridge authority through use of the
20    appropriate public employees' retirement fund.
21        (5) Contract for the alteration, construction,
22    extension, improvement, rehabilitation, or restoration of
23    the bridge.
24        (6) Accept grants, loans, and other forms of financial
25    assistance from the federal government, the State, a unit



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1    of local government, a foundation, or any other source.
2        (7) Establish and revise, as necessary, any charge or
3    toll assessed for transit over the bridge.
4        (8) Collect or cause to be collected any charge or toll
5    assessed for transit over the bridge.
6        (9) Borrow money and issue bonds, notes, certificates,
7    or other evidences of indebtedness for the purpose of
8    accomplishing any of the corporate purposes and refund or
9    advance refund any of the evidences of indebtedness with
10    bonds, notes, certificates, or other evidence of
11    indebtedness, subject to compliance with any condition or
12    limitation set forth in this Act.
13        (10) Convert the bridge to and from a pedestrian
14    bridge, vehicular bridge, or a combination of a pedestrian
15    and vehicular bridge.
16        (11) Transfer ownership of the bridge to Indiana only
17    after approval by White County residents through
18    referendum.
19    (b) The bridge authority may exercise any of the powers
20authorized by this Act in the state of Indiana to the extent
22        (1) under Indiana law; or
23        (2) through a joint action taken with Indiana or an
24    Indiana entity as described in Section 5-15 of this Act.
25    Section 5-45. Bridge rehabilitation. The Authority is



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1authorized and directed to proceed with the rehabilitation of
2the bridge as rapidly as economically practicable and is vested
3with all necessary and appropriate powers, not inconsistent
4with the constitution or the laws of the United States or of
5either the State of Illinois or the State of Indiana, to effect
6the same, except the power to assess or levy taxes.
7    Section 5-50. Taxes. The Authority has no independent power
8to tax. The Authority is not required to pay any taxes or
9assessments of any kind or nature upon any property required or
10used by it for its purposes or any rates, fees, rents,
11receipts, or incomes at any time received by it. The bonds
12issued by the Authority under item (9) of subsection (a) of
13Section 5-40, their transfer, and the income from the bonds are
14not taxable income for the purposes of the individual and
15corporate income tax under Illinois law and shall not be taxed
16by any unit of local government.
17    Section 5-55. Interstate compact; rights of the Authority.
18If both the State of Illinois and the State of Indiana enter
19into the compact under Section 10-5 of the New Harmony Bridge
20Interstate Compact Act, then the Authority may transfer all
21rights, powers, and duties of the Authority to the New Harmony
22Bridge Bi-State Commission.




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1    Section 10-1. Short title. This Part may be cited as the
2New Harmony Bridge Interstate Compact Act. References in this
3Part to "this Act" mean this Part.
4    Section 10-5. Compact creating commission. The Governor,
5by and with the advice and consent of the Senate, shall appoint
63 commissioners to enter into a compact on behalf of this State
7with the State of Indiana. If the Senate is not in session at
8the time for making appointments, the Governor shall make
9temporary appointments as in the case of a vacancy. No more
10than 2 members appointed by the Governor may be from the same
11political party. The 3 commissioners so appointed may act to
12enter into the following compact:
16    There is created the New Harmony Bridge Bi-State
17Commission, a body corporate and politic having the following
18powers and duties:
19    (1) To engage in negotiations for the acceptance,
20rehabilitation, and continued use of the New Harmony Bridge
21connecting Illinois State Highway 14 to Indiana State Highway
2266 at New Harmony, Indiana;
23    (2) To assume the rights and responsibilities of the
24Illinois New Harmony Bridge Authority and the Indiana New



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1Harmony and Wabash River Bridge Authority as they relate to the
2New Harmony Bridge;
3    (3) To conduct and review studies, testimony, and other
4information provided by the Illinois and Indiana Departments of
5Transportation, including, but not limited to, the collection
6of studies and papers entitled "Quest for Rehabilitation,
7Finances, and Public Agency Governance for the White County
8Bridge Commission Successor", that was prepared in the search
9for preservation of the transportation network that maintains
10and enhances the vitality of the bi-state area communities;
11    (4) To secure financing, for the rehabilitation and
12maintenance of the New Harmony Bridge;
13    (5) To establish and charge tolls for transit over the
14bridge in accordance with the provisions of this compact; and
15    (6) To perform all other necessary and incidental
18    The rate of toll to be charged for transit over the New
19Harmony Bridge shall be adjusted by the Commission as to
20provide a fund sufficient to pay for the reasonable cost of
21maintenance, repairs, and operation (including the approaches
22to the bridge) under economical management, and also to provide
23a sinking fund sufficient to pay the principal and interest of
24any outstanding bonds. All tolls and other revenues derived
25from facilities of the Commission shall be used as provided in
26this Article II.



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2    The Commission shall keep an accurate record of the cost of
3the bridge and of other expenses and of the daily revenues
4collected, and shall report annually to the Governor of each
5State setting forth in detail the operations and transactions
6conducted by the Commission under this agreement and other
7applicable laws.
9    The membership of the Commission created by this compact
10shall consist of 10 voting members, appointed as follows:
11        (1) Five members shall be chosen by the State of
12    Illinois: the 3 commissioners who were appointed by the
13    Governor to enter into the compact, but no more than 2 of
14    these appointees may be from the same political party; 1
15    member appointed by the White County Board; and 1 member
16    appointed by the Mayor of Phillipstown.
17        (2) Five members shall be chosen by the State of
18    Indiana.
19    The members shall be chosen in the manner and for the terms
20fixed by the legislature of each State, except as provided by
21this compact.
23    (1) The Commission shall elect from its number a
24chairperson and vice-chairperson, and may appoint officers and
25employees as it may require for the performance of its duties,
26and shall fix and determine their qualifications and duties.



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1    (2) Unless otherwise determined by the legislatures of the
2State of Illinois and the State of Indiana, no action of the
3Commission shall be binding unless taken at a meeting at which
4at least 2 members from each State are present and unless a
5majority of the members from each State present at the meeting
6vote in favor of the action. Each State reserves the right to
7provide by law for the exercise of the veto power by the
8Governor over any action of any commissioner.
9    (3) The State of Illinois and the State of Indiana shall
10provide penalties for violations of any order, rule, or
11regulation of the Commission, and for the manner of
14    The Commission is authorized and directed to proceed with
15the rehabilitation of the bridge as rapidly as economically
16practicable and is vested with all necessary and appropriate
17powers, not inconsistent with the constitution or the laws of
18the United States or of either the State of Illinois or the
19State of Indiana, to effect the same, except the power to
20assess or levy taxes.
22    The Commission has no independent power to tax.
23    The Commission is not required to pay any taxes or
24assessments of any kind or nature upon any property required or
25used by it for its purposes or any rates, fees, rents,
26receipts, or incomes at any time received by it. The bonds



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1issued by the Commission under Article VIII, their transfer,
2and the income from the bonds are not taxable income for the
3purposes of the individual and corporate income tax under
4Illinois or Indiana law and shall not be taxed by any political
5subdivision of Illinois or Indiana.
7    The Commission may incur indebtedness subject to debt
8limits imposed by substantially identical laws of the states of
9Illinois and Indiana. Indebtedness of the Commission may not be
10secured by the full faith and credit or the tax revenues of the
11state of Illinois or Indiana or a political subdivision of the
12state of Illinois or Indiana other than the Commission or as
13otherwise authorized by substantially identical laws of the
14states of Illinois and Indiana. Bonds shall be issued only
15under terms authorized by substantially identical laws of the
16states of Illinois and Indiana.
18    In witness thereof, we have here set our hands and seals
19under the authority vested in us by law.
21In the Presence of:
23    Section 10-10. Signing and filing of compact; bi-state
24participation required. The compact shall, when signed by the
25signatories as provided by this Act, become binding upon the



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1State of Illinois and shall be filed in the office of the
2Secretary of State, except the compact shall not become
3effective unless prior to the signing of the compact, the
4Indiana General Assembly passes legislation providing for the
5creation of the New Harmony Bridge Bi-State Commission under
6terms consistent with this Act.
7    Section 10-15. Appointment and qualifications of
8commissioners. The commissioners appointed by the Governor
9under Section 10-5 shall also be members of the New Harmony
10Bridge Bi-State Commission created by compact between the
11States of Illinois and Indiana.
12    The White County Board shall appoint one member and the
13Mayor of Phillipstown shall appoint one member to the New
14Harmony Bridge Bi-State Commission no later than 30 days after
15the Harmony Bridge Bi-State Commission is created.
16    Section 10-20. Tenure; successors. The term of a
17commissioner is 4 years. At the expiration of the term of each
18commissioner and of each succeeding commissioner, the Governor
19shall appoint a successor who shall hold office for a term of 3
20years. Each commissioner shall hold office until his or her
21successor has been appointed and qualified.
22    Section 10-25. Filling vacancies. A vacancy occurring in
23the office of an appointed commissioner shall be filled by



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1appointment by the Governor, by and with the advice and consent
2of the Senate, for the unexpired term. In the case of a vacancy
3while the Senate is not in session, the Governor shall make a
4temporary appointment until the next meeting of the Senate,
5when the Governor shall nominate a person to fill the office.
6    Section 10-30. Compensation and expenses of commissioners.
7The commissioners shall serve without compensation but shall be
8reimbursed for the necessary expenses incurred in the
9performance of their duties.
10    Section 10-35. Powers and duties of commissioners. The
11commissioners shall have the powers and duties and be subject
12to the limitations provided for in the compact entered between
13the State of Illinois and the State of Indiana to form the New
14Harmony Bridge Bi-State Commission, and, together with the
15commissioners from the State of Indiana, shall form the New
16Harmony Bridge Bi-State Commission.

18    Section 99-1. Effective date. This Act takes effect upon
19becoming law.