Text: SF00459 Text: SF00461 Text: SF00400 - SF00499 Text: SF 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; and the voting rights of 2 33 commission members, voting procedures, commission business, 2 34 and any other purposes necessary to fulfill the duties of the 2 35 commission. 3 1 (6) Expend such funds as required to carry out the powers 3 2 and duties of the commission. 3 3 (7) Report on the activities of the commission to the 3 4 legislatures and governors of the member states on an annual 3 5 basis. 3 6 b. In addition to its exercise of these duties, the 3 7 commission may: 3 8 (1) Provide multistate advocacy necessary to implement 3 9 passenger rail systems or plans, as approved by the 3 10 commission. 3 11 (2) Work with local elected officials, economic 3 12 development planning organizations, and similar entities to 3 13 raise the visibility of passenger rail service benefits and 3 14 needs. 3 15 (3) Educate other state officials, federal agencies, other 3 16 elected officials, and the public on the advantages of 3 17 passenger rail as an integral part of an intermodal 3 18 transportation system in the region. 3 19 (4) Work with federal agency officials and members of 3 20 Congress to ensure the funding and authorization necessary to 3 21 develop a long-term, interstate plan for high-speed rail 3 22 passenger service implementation. 3 23 (5) Make recommendations to member states. 3 24 (6) If requested by each state participating in a 3 25 particular project and under the terms of a formal agreement 3 26 approved by the participating states and the commission, 3 27 implement or provide oversight for specific rail projects. 3 28 (7) Establish an office and hire staff as necessary. 3 29 (8) Contract for or provide services. 3 30 (9) Assess dues, in accordance with the terms of this 3 31 compact. 3 32 (10) Conduct research. 3 33 (11) Establish committees. 3 34 ARTICLE V OFFICERS 3 35 The commission shall annually elect from among its members 4 1 a chair, a vice chair who shall not be a resident of the state 4 2 represented by the chair, and others as approved in the 4 3 commission bylaws. The officers shall perform such functions 4 4 and exercise such powers as are specified in the commission 4 5 bylaws. 4 6 ARTICLE VI MEETINGS AND COMMISSION ADMINISTRATION 4 7 The commission shall meet at least once in each calendar 4 8 year and at such other times as may be determined by the 4 9 commission. Commission business shall be conducted in 4 10 accordance with the procedures and voting rights specified in 4 11 the bylaws. 4 12 ARTICLE VII FINANCE 4 13 Except as otherwise provided, the moneys necessary to 4 14 finance the general operations of the commission in carrying 4 15 forth its duties, responsibilities, and powers as stated in 4 16 this compact shall be appropriated to the commission by the 4 17 compacting states, when authorized by the respective 4 18 legislatures, by equal apportionment among the compacting 4 19 states. Nothing in this compact shall be construed to commit 4 20 a member state to participate in financing a rail project 4 21 except as provided by law of a member state. 4 22 The commission may accept, for any of its purposes and 4 23 functions, donations, gifts, grants, and appropriations of 4 24 money, equipment, supplies, materials, and services from the 4 25 federal government, from any party state or from any 4 26 department, agency, or municipality thereof, or from any 4 27 institution, person, firm, or corporation. All expenses 4 28 incurred by the commission in executing the duties imposed 4 29 upon it by this compact shall be paid by the commission out of 4 30 the funds available to it. The commission shall not issue any 4 31 debt instrument. The commission shall submit to the officer 4 32 designated by the laws of each party state, periodically as 4 33 required by the laws of each party state, a budget of its 4 34 actual past and estimated future expenditures. 4 35 ARTICLE VIII ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS 5 1 The states of Illinois, Indiana, Iowa, Kansas, Michigan, 5 2 Minnesota, Missouri, Nebraska, North Dakota, Ohio, South 5 3 Dakota, and Wisconsin are eligible to join this compact. Upon 5 4 approval of the commission, according to its bylaws, other 5 5 states may also be declared eligible to join the compact. As 5 6 to any eligible party state, this compact shall become 5 7 effective when its legislature shall have enacted the same 5 8 into law; provided that it shall not become initially 5 9 effective until enacted into law by any three party states 5 10 incorporating the provisions of this compact into the laws of 5 11 such states. Amendments to the compact shall become effective 5 12 upon their enactment by the legislatures of all compacting 5 13 states. 5 14 ARTICLE IX WITHDRAWAL, DEFAULT, AND TERMINATION 5 15 Withdrawal from this compact shall be by enactment of a 5 16 statute repealing the same and shall take effect one year 5 17 after the effective date of such statute. A withdrawing state 5 18 shall be liable for any obligations which it may have incurred 5 19 prior to the effective date of withdrawal. 5 20 If any compacting state defaults in the performance of any 5 21 of its obligations, assumed or imposed, in accordance with 5 22 this compact, all rights, privileges, and benefits conferred 5 23 by this compact or agreements under this compact shall be 5 24 suspended from the effective date of such default as fixed by 5 25 the commission, and the commission shall stipulate the 5 26 conditions and maximum time for compliance under which the 5 27 defaulting state may resume its regular status. Unless such 5 28 default is remedied under the stipulations and within the time 5 29 period set forth by the commission, this compact may be 5 30 terminated with respect to such defaulting state by 5 31 affirmative vote of a majority of the other commission 5 32 members. Any such defaulting state may be reinstated, upon 5 33 vote of the commission, by performing all acts and obligations 5 34 as stipulated by the commission. 5 35 ARTICLE X CONSTRUCTION AND SEVERABILITY 6 1 The provisions of this compact shall be severable and if 6 2 any phrase, clause, sentence, or provision of this compact is 6 3 declared to be contrary to the constitution of any compacting 6 4 state or of the United States, or the applicability thereof to 6 5 any government, agency, person, or circumstance is held 6 6 invalid, the validity of the remainder of this compact and the 6 7 applicability thereof to any government, agency, person, or 6 8 circumstance shall not be affected by the declaration or 6 9 holding. If this compact is held to be contrary to the 6 10 constitution of any compacting state, the compact shall remain 6 11 in full force and effect as to the remaining states and in 6 12 full force and effect as to the state affected as to all 6 13 severable matters. This compact shall be liberally construed 6 14 to effectuate the purposes of the compact. 6 15 EXPLANATION 6 16 This bill provides that the midwest interstate passenger 6 17 rail compact is entered into and enacted into law with several 6 18 other midwestern states if those states join the compact in 6 19 substantially the same form. 6 20 The bill provides that the purposes of the compact are to 6 21 promote development and implementation of improvements to 6 22 intercity passenger rail service in the midwest, to coordinate 6 23 interaction among midwestern state officials on passenger rail 6 24 issues, to promote development and implementation of plans for 6 25 high-speed rail passenger service in the midwest and other 6 26 regions, to work with public and private sectors at all levels 6 27 to ensure coordination among entities with an interest in 6 28 passenger rail service and promote midwestern interests 6 29 regarding such service, and to support efforts of 6 30 transportation agencies involved in developing and 6 31 implementing passenger rail service in the midwest. 6 32 The bill provides that a commission shall be established to 6 33 further the purposes of and carry out the duties specified in 6 34 the compact. Each state joining the compact is to be 6 35 represented by four commission members: the governor of the 7 1 state or the governor's designee, serving during the tenure of 7 2 the governor or until a successor is named; a member of the 7 3 private sector appointed by the governor, serving during the 7 4 tenure of the governor or until a successor is named; and two 7 5 legislators, one from each legislative chamber, appointed by 7 6 the appropriate appointing authority in each chamber, serving 7 7 two-year terms or until successors are appointed. 7 8 The bill provides a list of powers and duties the 7 9 commission shall have related to the compact. 7 10 LSB 1508SV 79 7 11 nh/gg/8
Text: SF00459 Text: SF00461 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:00 CDT 2001
URL: /DOCS/GA/79GA/Legislation/SF/00400/SF00460/010315.html
jhf