Text: HF02067 Text: HF02069 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 327K.1 MIDWEST INTERSTATE
1 2 PASSENGER RAIL COMPACT.
1 3 The midwest interstate passenger rail compact is enacted
1 4 into law and entered into with all other states legally
1 5 joining in the compact in substantially the following form:
1 6 ARTICLE I – STATEMENT OF PURPOSE
1 7 The purposes of this compact are, through joint or
1 8 cooperative action:
1 9 a. To promote development and implementation of
1 10 improvements to intercity passenger rail service in the
1 11 midwest.
1 12 b. To coordinate interaction among midwestern state
1 13 elected officials and their designees on passenger rail
1 14 issues.
1 15 c. To promote development and implementation of long-range
1 16 plans for high-speed rail passenger service in the midwest and
1 17 among other regions of the United States.
1 18 d. To work with the public and private sectors at the
1 19 federal, state, and local levels to ensure coordination among
1 20 the various entities having an interest in passenger rail
1 21 service and to promote midwestern interests regarding
1 22 passenger rail.
1 23 e. To support efforts of transportation agencies involved
1 24 in developing and implementing passenger rail service in the
1 25 midwest.
1 26 ARTICLE II – ESTABLISHMENT OF COMMISSION
1 27 To further the purposes of the compact, a commission is
1 28 created to carry out the duties specified in this compact.
1 29 ARTICLE III – COMMISSION MEMBERSHIP
1 30 The manner of appointment of commission members, terms of
1 31 office consistent with the terms of this compact, provisions
1 32 for removal and suspension, and manner of appointment to fill
1 33 vacancies shall be determined by each party state pursuant to
1 34 its laws, but each commissioner shall be a resident of the
1 35 state of appointment. Commission members shall serve without
2 1 compensation from the commission.
2 2 The commission shall consist of four resident members of
2 3 each state as follows: the governor or the governor's
2 4 designee who shall serve during the tenure of office of the
2 5 governor, or until a successor is named; one member of the
2 6 private sector who shall be appointed by the governor and
2 7 shall serve during the tenure of office of the governor, or
2 8 until a successor is named; and two legislators, one from each
2 9 legislative chamber (or two legislators from any unicameral
2 10 legislature), who shall serve two-year terms, or until
2 11 successors are appointed, and who shall be appointed by the
2 12 appropriate appointing authority in each legislative chamber.
2 13 All vacancies shall be filled in accordance with the laws of
2 14 the appointing states. A commissioner appointed to fill a
2 15 vacancy shall serve until the end of the incomplete term.
2 16 Each member state shall have equal voting privileges, as
2 17 determined by the commission bylaws.
2 18 ARTICLE IV – POWERS AND DUTIES OF THE COMMISSION
2 19 a. The duties of the commission are to:
2 20 (1) Advocate for the funding and authorization necessary
2 21 to make passenger rail improvements a reality for the region.
2 22 (2) Identify and seek to develop ways that states can form
2 23 partnerships, including with rail industry and labor, to
2 24 implement improved passenger rail service in the region.
2 25 (3) Seek development of a long-term, interstate plan for
2 26 high-speed rail passenger service implementation.
2 27 (4) Cooperate with other agencies, regions, and entities
2 28 to ensure that the midwest is adequately represented and
2 29 integrated into national plans for passenger rail development.
2 30 (5) Adopt bylaws governing the activities and procedures
2 31 of the commission and addressing, among other subjects: the
2 32 powers and duties of officers; the voting rights of commission
2 33 members, voting procedures, commission business, and any other
2 34 purposes necessary to fulfill the duties of the commission.
2 35 (6) Expend such funds as required to carry out the powers
3 1 and duties of the commission.
3 2 (7) Report on the activities of the commission to the
3 3 legislatures and governors of the member states on an annual
3 4 basis.
3 5 b. In addition to its exercise of these duties, the
3 6 commission is empowered to:
3 7 (1) Provide multistate advocacy necessary to implement
3 8 passenger rail systems or plans, as approved by the
3 9 commission.
3 10 (2) Work with local elected officials, economic
3 11 development planning organizations, and similar entities to
3 12 raise the visibility of passenger rail service benefits and
3 13 needs.
3 14 (3) Educate other state officials, federal agencies, other
3 15 elected officials, and the public on the advantages of
3 16 passenger rail as an integral part of an intermodal
3 17 transportation system in the region.
3 18 (4) Work with federal agency officials and members of
3 19 Congress to ensure the funding and authorization necessary to
3 20 develop a long-term, interstate plan for high-speed rail
3 21 passenger service implementation.
3 22 (5) Make recommendations to member states.
3 23 (6) If requested by each state participating in a
3 24 particular project and under the terms of a formal agreement
3 25 approved by the participating states and the commission,
3 26 implement or provide oversight for specific rail projects.
3 27 (7) Establish an office and hire staff as necessary.
3 28 (8) Contract for or provide services.
3 29 (9) Assess dues, in accordance with the terms of this
3 30 compact.
3 31 (10) Conduct research.
3 32 (11) Establish committees.
3 33 ARTICLE V – OFFICERS
3 34 The commission shall annually elect from among its members
3 35 a chair, a vice chair who shall not be a resident of the state
4 1 represented by the chair, and others as approved in the
4 2 commission bylaws. The officers shall perform such functions
4 3 and exercise such powers as are specified in the commission
4 4 bylaws.
4 5 ARTICLE VI – MEETINGS AND COMMISSION ADMINISTRATION
4 6 The commission shall meet at least once in each calendar
4 7 year and at such other times as may be determined by the
4 8 commission. Commission business shall be conducted in
4 9 accordance with the procedures and voting rights specified in
4 10 the bylaws.
4 11 ARTICLE VII – FINANCE
4 12 Except as otherwise provided, the moneys necessary to
4 13 finance the general operations of the commission in carrying
4 14 forth its duties, responsibilities, and powers as stated in
4 15 this compact shall be appropriated to the commission by the
4 16 compacting states, when authorized by the respective
4 17 legislatures, by equal apportionment among the compacting
4 18 states. Nothing in this compact shall be construed to commit
4 19 a member state to participate in financing a rail project
4 20 except as provided by law of a member state.
4 21 The commission may accept, for any of its purposes and
4 22 functions, donations, gifts, grants, and appropriations of
4 23 money, equipment, supplies, materials, and services from the
4 24 federal government, from any party state or from any
4 25 department, agency, or municipality thereof, or from any
4 26 institution, person, firm, or corporation. All expenses
4 27 incurred by the commission in executing the duties imposed
4 28 upon it by this compact shall be paid by the commission out of
4 29 the funds available to it. The commission shall not issue any
4 30 debt instrument. The commission shall submit to the officer
4 31 designated by the laws of each party state, periodically as
4 32 required by the laws of each party state, a budget of its
4 33 actual past and estimated future expenditures.
4 34 ARTICLE VIII – ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS
4 35 The states of Illinois, Indiana, Iowa, Kansas, Michigan,
5 1 Minnesota, Missouri, Nebraska, North Dakota, Ohio, South
5 2 Dakota, and Wisconsin are eligible to join this compact. Upon
5 3 approval of the commission, according to its bylaws, other
5 4 states may also be declared eligible to join the compact. As
5 5 to any eligible party state, this compact shall become
5 6 effective when its legislature shall have enacted the same
5 7 into law; provided that it shall not become initially
5 8 effective until enacted into law by any three party states
5 9 incorporating the provisions of this compact into the laws of
5 10 such states. Amendments to the compact shall become effective
5 11 upon their enactment by the legislatures of all compacting
5 12 states.
5 13 ARTICLE IX – WITHDRAWAL, DEFAULT, AND TERMINATION
5 14 Withdrawal from this compact shall be by enactment of a
5 15 statute repealing the same and shall take effect one year
5 16 after the effective date of such statute. A withdrawing state
5 17 shall be liable for any obligations which it may have incurred
5 18 prior to the effective date of withdrawal.
5 19 If any compacting state defaults in the performance of any
5 20 of its obligations, assumed or imposed, in accordance with
5 21 this compact, all rights, privileges, and benefits conferred
5 22 by this compact or agreements under this compact shall be
5 23 suspended from the effective date of such default as fixed by
5 24 the commission, and the commission shall stipulate the
5 25 conditions and maximum time for compliance under which the
5 26 defaulting state may resume its regular status. Unless such
5 27 default is remedied under the stipulations and within the time
5 28 period set forth by the commission, this compact may be
5 29 terminated with respect to such defaulting state by
5 30 affirmative vote of a majority of the other commission
5 31 members. Any such defaulting state may be reinstated, upon
5 32 vote of the commission, by performing all acts and obligations
5 33 as stipulated by the commission.
5 34 ARTICLE X – CONSTRUCTION AND SEVERABILITY
5 35 The provisions of this compact shall be severable and if
6 1 any phrase, clause, sentence, or provision of this compact is
6 2 declared to be contrary to the constitution of any compacting
6 3 state or of the United States, or the applicability thereof to
6 4 any government, agency, person, or circumstance is held
6 5 invalid, the validity of the remainder of this compact and the
6 6 applicability thereof to any government, agency, person, or
6 7 circumstance shall not be affected by the declaration or
6 8 holding. If this compact is held to be contrary to the
6 9 constitution of any compacting state, the compact shall remain
6 10 in full force and effect as to the remaining states and in
6 11 full force and effect as to the state affected as to all
6 12 severable matters. This compact shall be liberally construed
6 13 to effectuate the purposes of the compact.
6 14 EXPLANATION
6 15 This bill provides that the midwest interstate passenger
6 16 rail compact is entered into and enacted into law with several
6 17 other midwestern states if those states join the compact in
6 18 substantially the same form.
6 19 The bill provides that the purposes of the compact are to
6 20 promote development and implementation of improvements to
6 21 intercity passenger rail service in the midwest, to coordinate
6 22 interaction among midwestern state officials on passenger rail
6 23 issues, to promote development and implementation of plans for
6 24 high-speed rail passenger service in the midwest and other
6 25 regions, to work with public and private sectors at all levels
6 26 to ensure coordination among entities with an interest in
6 27 passenger rail service and promote midwestern interests
6 28 regarding such service, and to support efforts of
6 29 transportation agencies involved in developing and
6 30 implementing passenger rail service in the midwest.
6 31 The bill provides that a commission shall be established to
6 32 further the purposes of and carry out the duties specified in
6 33 the compact. Each state joining the compact is to be
6 34 represented by four commission members: the governor of the
6 35 state or the governor's designee, serving during the tenure of
7 1 the governor or until a successor is named; a member of the
7 2 private sector appointed by the governor, serving during the
7 3 tenure of the governor or until a successor is named; and two
7 4 legislators, one from each legislative chamber, appointed by
7 5 the appropriate appointing authority in each chamber, serving
7 6 two-year terms or until successors are appointed.
7 7 The bill provides a list of powers and duties the
7 8 commission shall have related to the compact.
7 9 LSB 5581HH 78
7 10 nh/gg/8
Text: HF02067 Text: HF02069 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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