House File 330 - Introduced
HOUSE FILE
BY JACOBS and JACOBY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to a midwest interstate passenger rail compact
2 and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2593HH 81
5 dea/sh/8
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 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
6 16 immediate importance, takes effect upon enactment.
6 17 EXPLANATION
6 18 This bill provides that the midwest interstate passenger
6 19 rail compact is entered into and enacted into law with several
6 20 other midwestern states if those states join the compact in
6 21 substantially the same form.
6 22 The bill provides that the purposes of the compact are to
6 23 promote development and implementation of improvements to
6 24 intercity passenger rail service in the midwest, to coordinate
6 25 interaction among midwestern state officials on passenger rail
6 26 issues, to promote development and implementation of plans for
6 27 high=speed rail passenger service in the midwest and other
6 28 regions, to work with public and private sectors at all levels
6 29 to ensure coordination among entities with an interest in
6 30 passenger rail service and promote midwestern interests
6 31 regarding such service, and to support efforts of
6 32 transportation agencies involved in developing and
6 33 implementing passenger rail service in the midwest.
6 34 The bill provides that a commission shall be established to
6 35 further the purposes of and carry out the duties specified in
7 1 the compact. Each state joining the compact is to be
7 2 represented by four commission members: the governor of the
7 3 state or the governor's designee, serving during the tenure of
7 4 the governor or until a successor is named; a member of the
7 5 private sector appointed by the governor, serving during the
7 6 tenure of the governor or until a successor is named; and two
7 7 legislators, one from each legislative chamber, appointed by
7 8 the appropriate appointing authority in each chamber, serving
7 9 two=year terms or until successors are appointed.
7 10 The bill provides a list of powers and duties the
7 11 commission shall have related to the compact and provides for
7 12 financing the general operations of the commission.
7 13 The bill becomes effective upon enactment. The compact,
7 14 having already been enacted into law and entered into by a
7 15 requisite number of states, would also become effective for
7 16 Iowa upon enactment of this bill.
7 17 LSB 2593HH 81
7 18 dea:rj/sh/8