House File 559 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 559
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE MIDWEST INTERSTATE PASSENGER RAIL COMPACT AND
  1  5    PROVIDING AN EFFECTIVE DATE.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  NEW SECTION.  327K.1  MIDWEST INTERSTATE
  1 10 PASSENGER RAIL COMPACT.
  1 11    The midwest interstate passenger rail compact is enacted
  1 12 into law and entered into with all other states legally
  1 13 joining in the compact in substantially the following form:
  1 14                            ARTICLE I
  1 15                      STATEMENT OF PURPOSE
  1 16    The purposes of this compact are, through joint or
  1 17 cooperative action:
  1 18    a.  To promote development and implementation of
  1 19 improvements to intercity passenger rail service in the
  1 20 midwest.
  1 21    b.  To coordinate interaction among midwestern state
  1 22 elected officials and their designees on passenger rail
  1 23 issues.
  1 24    c.  To promote development and implementation of long=range
  1 25 plans for high=speed rail passenger service in the midwest and
  1 26 among other regions of the United States.
  1 27    d.  To work with the public and private sectors at the
  1 28 federal, state, and local levels to ensure coordination among
  1 29 the various entities having an interest in passenger rail
  1 30 service and to promote midwestern interests regarding
  1 31 passenger rail.
  1 32    e.  To support efforts of transportation agencies involved
  1 33 in developing and implementing passenger rail service in the
  1 34 midwest.
  1 35                           ARTICLE II
  2  1                   ESTABLISHMENT OF COMMISSION
  2  2    To further the purposes of the compact, a commission is
  2  3 created to carry out the duties specified in this compact.
  2  4                           ARTICLE III
  2  5                      COMMISSION MEMBERSHIP
  2  6    The manner of appointment of commission members, terms of
  2  7 office consistent with the terms of this compact, provisions
  2  8 for removal and suspension, and manner of appointment to fill
  2  9 vacancies shall be determined by each party state pursuant to
  2 10 its laws, but each commissioner shall be a resident of the
  2 11 state of appointment.  Commission members shall serve without
  2 12 compensation from the commission.
  2 13    The commission shall consist of four resident members of
  2 14 each state as follows:  the governor or the governor's
  2 15 designee who shall serve during the tenure of office of the
  2 16 governor, or until a successor is named; one member of the
  2 17 private sector who shall be appointed by the governor and
  2 18 shall serve during the tenure of office of the governor, or
  2 19 until a successor is named; and two legislators, one from each
  2 20 legislative chamber (or two legislators from any unicameral
  2 21 legislature), who shall serve two=year terms, or until
  2 22 successors are appointed, and who shall be appointed by the
  2 23 appropriate appointing authority in each legislative chamber.
  2 24 All vacancies shall be filled in accordance with the laws of
  2 25 the appointing states.  A commissioner appointed to fill a
  2 26 vacancy shall serve until the end of the incomplete term.
  2 27 Each member state shall have equal voting privileges, as
  2 28 determined by the commission bylaws.
  2 29                           ARTICLE IV
  2 30               POWERS AND DUTIES OF THE COMMISSION
  2 31    a.  The duties of the commission are to:
  2 32    (1)  Advocate for the funding and authorization necessary
  2 33 to make passenger rail improvements a reality for the region.
  2 34    (2)  Identify and seek to develop ways that states can form
  2 35 partnerships, including with rail industry and labor, to
  3  1 implement improved passenger rail service in the region.
  3  2    (3)  Seek development of a long=term, interstate plan for
  3  3 high=speed rail passenger service implementation.
  3  4    (4)  Cooperate with other agencies, regions, and entities
  3  5 to ensure that the midwest is adequately represented and
  3  6 integrated into national plans for passenger rail development.
  3  7    (5)  Adopt bylaws governing the activities and procedures
  3  8 of the commission and addressing, among other subjects:  the
  3  9 powers and duties of officers; and the voting rights of
  3 10 commission members, voting procedures, commission business,
  3 11 and any other purposes necessary to fulfill the duties of the
  3 12 commission.
  3 13    (6)  Expend such funds as required to carry out the powers
  3 14 and duties of the commission.
  3 15    (7)  Report on the activities of the commission to the
  3 16 legislatures and governors of the member states on an annual
  3 17 basis.
  3 18    b.  In addition to its exercise of these duties, the
  3 19 commission may:
  3 20    (1)  Provide multistate advocacy necessary to implement
  3 21 passenger rail systems or plans, as approved by the
  3 22 commission.
  3 23    (2)  Work with local elected officials, economic
  3 24 development planning organizations, and similar entities to
  3 25 raise the visibility of passenger rail service benefits and
  3 26 needs.
  3 27    (3)  Educate other state officials, federal agencies, other
  3 28 elected officials, and the public on the advantages of
  3 29 passenger rail as an integral part of an intermodal
  3 30 transportation system in the region.
  3 31    (4)  Work with federal agency officials and members of
  3 32 Congress to ensure the funding and authorization necessary to
  3 33 develop a long=term, interstate plan for high=speed rail
  3 34 passenger service implementation.
  3 35    (5)  Make recommendations to member states.
  4  1    (6)  If requested by each state participating in a
  4  2 particular project and under the terms of a formal agreement
  4  3 approved by the participating states and the commission,
  4  4 implement or provide oversight for specific rail projects.
  4  5    (7)  Establish an office and hire staff as necessary.
  4  6    (8)  Contract for or provide services.
  4  7    (9)  Assess dues, in accordance with the terms of this
  4  8 compact.
  4  9    (10)  Conduct research.
  4 10    (11)  Establish committees.
  4 11                            ARTICLE V
  4 12                            OFFICERS
  4 13    The commission shall annually elect from among its members
  4 14 a chair, a vice chair who shall not be a resident of the state
  4 15 represented by the chair, and others as approved in the
  4 16 commission bylaws.  The officers shall perform such functions
  4 17 and exercise such powers as are specified in the commission
  4 18 bylaws.
  4 19                           ARTICLE VI
  4 20             MEETINGS AND COMMISSION ADMINISTRATION
  4 21    The commission shall meet at least once in each calendar
  4 22 year and at such other times as may be determined by the
  4 23 commission.  Commission business shall be conducted in
  4 24 accordance with the procedures and voting rights specified in
  4 25 the bylaws.
  4 26                           ARTICLE VII
  4 27                             FINANCE
  4 28    Except as otherwise provided, the moneys necessary to
  4 29 finance the general operations of the commission in carrying
  4 30 forth its duties, responsibilities, and powers as stated in
  4 31 this compact shall be appropriated to the commission by the
  4 32 compacting states, when authorized by the respective
  4 33 legislatures, by equal apportionment among the compacting
  4 34 states.  Nothing in this compact shall be construed to commit
  4 35 a member state to participate in financing a rail project
  5  1 except as provided by law of a member state.
  5  2    The commission may accept, for any of its purposes and
  5  3 functions, donations, gifts, grants, and appropriations of
  5  4 money, equipment, supplies, materials, and services from the
  5  5 federal government, from any party state or from any
  5  6 department, agency, or municipality thereof, or from any
  5  7 institution, person, firm, or corporation.  All expenses
  5  8 incurred by the commission in executing the duties imposed
  5  9 upon it by this compact shall be paid by the commission out of
  5 10 the funds available to it.  The commission shall not issue any
  5 11 debt instrument.  The commission shall submit to the officer
  5 12 designated by the laws of each party state, periodically as
  5 13 required by the laws of each party state, a budget of its
  5 14 actual past and estimated future expenditures.
  5 15                          ARTICLE VIII
  5 16            ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS
  5 17    The states of Illinois, Indiana, Iowa, Kansas, Michigan,
  5 18 Minnesota, Missouri, Nebraska, North Dakota, Ohio, South
  5 19 Dakota, and Wisconsin are eligible to join this compact.  Upon
  5 20 approval of the commission, according to its bylaws, other
  5 21 states may also be declared eligible to join the compact.  As
  5 22 to any eligible party state, this compact shall become
  5 23 effective when its legislature shall have enacted the same
  5 24 into law; provided that it shall not become initially
  5 25 effective until enacted into law by any three party states
  5 26 incorporating the provisions of this compact into the laws of
  5 27 such states.  Amendments to the compact shall become effective
  5 28 upon their enactment by the legislatures of all compacting
  5 29 states.
  5 30                           ARTICLE IX
  5 31              WITHDRAWAL, DEFAULT, AND TERMINATION
  5 32    Withdrawal from this compact shall be by enactment of a
  5 33 statute repealing the same and shall take effect one year
  5 34 after the effective date of such statute.  A withdrawing state
  5 35 shall be liable for any obligations which it may have incurred
  6  1 prior to the effective date of withdrawal.
  6  2    If any compacting state defaults in the performance of any
  6  3 of its obligations, assumed or imposed, in accordance with
  6  4 this compact, all rights, privileges, and benefits conferred
  6  5 by this compact or agreements under this compact shall be
  6  6 suspended from the effective date of such default as fixed by
  6  7 the commission, and the commission shall stipulate the
  6  8 conditions and maximum time for compliance under which the
  6  9 defaulting state may resume its regular status.  Unless such
  6 10 default is remedied under the stipulations and within the time
  6 11 period set forth by the commission, this compact may be
  6 12 terminated with respect to such defaulting state by
  6 13 affirmative vote of a majority of the other commission
  6 14 members.  Any such defaulting state may be reinstated, upon
  6 15 vote of the commission, by performing all acts and obligations
  6 16 as stipulated by the commission.
  6 17                            ARTICLE X
  6 18                  CONSTRUCTION AND SEVERABILITY
  6 19    The provisions of this compact shall be severable and if
  6 20 any phrase, clause, sentence, or provision of this compact is
  6 21 declared to be contrary to the constitution of any compacting
  6 22 state or of the United States, or the applicability thereof to
  6 23 any government, agency, person, or circumstance is held
  6 24 invalid, the validity of the remainder of this compact and the
  6 25 applicability thereof to any government, agency, person, or
  6 26 circumstance shall not be affected by the declaration or
  6 27 holding.  If this compact is held to be contrary to the
  6 28 constitution of any compacting state, the compact shall remain
  6 29 in full force and effect as to the remaining states and in
  6 30 full force and effect as to the state affected as to all
  6 31 severable matters.  This compact shall be liberally construed
  6 32 to effectuate the purposes of the compact.
  6 33    Sec. 2.  LIMITATION ON EXPENDITURE OF FUNDS FOR FINANCING
  6 34 COSTS OF PARTICIPATING IN THE COMPACT.  It is the intent of
  6 35 the general assembly that moneys directed to be deposited in
  7  1 the road use tax fund under section 312.1 shall not be used by
  7  2 the state for participation in the midwest interstate
  7  3 passenger rail compact.
  7  4    Sec. 3.  EFFECTIVE DATE.  This Act takes effect only if the
  7  5 general assembly appropriates funds for the fiscal year
  7  6 beginning July 1, 2007, in an amount sufficient to pay the
  7  7 dues assessed pursuant to the midwest interstate passenger
  7  8 rail compact.
  7  9
  7 10
  7 11                                                             
  7 12                               PATRICK J. MURPHY
  7 13                               Speaker of the House
  7 14
  7 15
  7 16                                                             
  7 17                               JOHN P. KIBBIE
  7 18                               President of the Senate
  7 19
  7 20    I hereby certify that this bill originated in the House and
  7 21 is known as House File 559, Eighty=second General Assembly.
  7 22
  7 23
  7 24                                                             
  7 25                               MARK BRANDSGARD
  7 26                               Chief Clerk of the House
  7 27 Approved                , 2007
  7 28
  7 29
  7 30                            
  7 31 CHESTER J. CULVER
  7 32 Governor