Senate File 355 - Introduced SENATE FILE 355 BY COURNOYER (COMPANION TO HF 287 BY JACOBY) A BILL FOR An Act relating to the midwest interstate passenger rail 1 compact, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2021SS (2) 88 ns/rh
S.F. 355 Section 1. NEW SECTION . 327K.1 Midwest interstate passenger 1 rail compact. 2 The midwest interstate passenger rail compact is enacted 3 into law and entered into with all other states legally joining 4 in the compact in substantially the following form: 5 1. Article I —— Statement of purpose. The purposes of this 6 compact are, through joint or cooperative action: 7 a. To promote development and implementation of improvements 8 to intercity passenger rail service in the midwest. 9 b. To coordinate interaction among midwestern state elected 10 officials and their designees on passenger rail issues. 11 c. To promote development and implementation of long-range 12 plans for high-speed rail passenger service in the midwest and 13 among other regions of the United States. 14 d. To work with the public and private sectors at the 15 federal, state, and local levels to ensure coordination among 16 the various entities having an interest in passenger rail 17 service and to promote midwestern interests regarding passenger 18 rail. 19 e. To support efforts of transportation agencies involved 20 in developing and implementing passenger rail service in the 21 midwest. 22 2. Article II —— Establishment of commission. To further the 23 purposes of the compact, a commission is created to carry out 24 the duties specified in this compact. 25 3. Article III —— Commission membership. 26 a. The manner of appointment of commission members, terms of 27 office consistent with the terms of this compact, provisions 28 for removal and suspension, and manner of appointment to fill 29 vacancies shall be determined by each party state pursuant to 30 its laws, but each commissioner shall be a resident of the 31 state of appointment. Commission members shall serve without 32 compensation from the commission. 33 b. (1) The commission shall consist of four resident 34 members of each state as follows: 35 -1- LSB 2021SS (2) 88 ns/rh 1/ 7
S.F. 355 (a) The governor or the governor’s designee who shall 1 serve during the tenure of office of the governor, or until a 2 successor is named. 3 (b) One member of the private sector who shall be appointed 4 by the governor and shall serve during the tenure of office of 5 the governor, or until a successor is named. 6 (c) Two legislators, one from each legislative chamber (or 7 two legislators from any unicameral legislature), who shall 8 serve two-year terms, or until successors are appointed, and 9 who shall be appointed by the appropriate appointing authority 10 in each legislative chamber. 11 (2) All vacancies shall be filled in accordance with the 12 laws of the appointing states. A commissioner appointed to 13 fill a vacancy shall serve until the end of the incomplete 14 term. Each member state shall have equal voting privileges, as 15 determined by the commission bylaws. 16 4. Article IV —— Powers and duties of the commission. 17 a. The duties of the commission are to: 18 (1) Advocate for the funding and authorization necessary to 19 make passenger rail improvements a reality for the region. 20 (2) Identify and seek to develop ways that states can 21 form partnerships, including with rail industry and labor, to 22 implement improved passenger rail service in the region. 23 (3) Seek development of a long-term, interstate plan for 24 high-speed rail passenger service implementation. 25 (4) Cooperate with other agencies, regions, and entities 26 to ensure that the midwest is adequately represented and 27 integrated into national plans for passenger rail development. 28 (5) Adopt bylaws governing the activities and procedures 29 of the commission and addressing, among other subjects: the 30 powers and duties of officers; and the voting rights of 31 commission members, voting procedures, commission business, 32 and any other purposes necessary to fulfill the duties of the 33 commission. 34 (6) Expend such funds as required to carry out the powers 35 -2- LSB 2021SS (2) 88 ns/rh 2/ 7
S.F. 355 and duties of the commission. 1 (7) Report on the activities of the commission to the 2 legislatures and governors of the member states on an annual 3 basis. 4 b. In addition to its exercise of these duties, the 5 commission may: 6 (1) Provide multistate advocacy necessary to implement 7 passenger rail systems or plans, as approved by the commission. 8 (2) Work with local elected officials, economic development 9 planning organizations, and similar entities to raise the 10 visibility of passenger rail service benefits and needs. 11 (3) Educate other state officials, federal agencies, 12 other elected officials, and the public on the advantages 13 of passenger rail as an integral part of an intermodal 14 transportation system in the region. 15 (4) Work with federal agency officials and members of 16 Congress to ensure the funding and authorization necessary 17 to develop a long-term, interstate plan for high-speed rail 18 passenger service implementation. 19 (5) Make recommendations to member states. 20 (6) If requested by each state participating in a particular 21 project and under the terms of a formal agreement approved 22 by the participating states and the commission, implement or 23 provide oversight for specific rail projects. 24 (7) Establish an office and hire staff as necessary. 25 (8) Contract for or provide services. 26 (9) Assess dues, in accordance with the terms of this 27 compact. 28 (10) Conduct research. 29 (11) Establish committees. 30 5. Article V —— Officers. The commission shall annually 31 elect from among its members a chair, a vice chair who shall 32 not be a resident of the state represented by the chair, and 33 others as approved in the commission bylaws. The officers 34 shall perform such functions and exercise such powers as are 35 -3- LSB 2021SS (2) 88 ns/rh 3/ 7
S.F. 355 specified in the commission bylaws. 1 6. Article VI —— Meetings and commission administration. The 2 commission shall meet at least once in each calendar year and 3 at such other times as may be determined by the commission. 4 Commission business shall be conducted in accordance with the 5 procedures and voting rights specified in the bylaws. 6 7. Article VII —— Finance. 7 a. Except as otherwise provided, the moneys necessary to 8 finance the general operations of the commission in carrying 9 forth its duties, responsibilities, and powers as stated 10 in this compact shall be appropriated to the commission by 11 the compacting states, when authorized by the respective 12 legislatures, by equal apportionment among the compacting 13 states. Nothing in this compact shall be construed to commit a 14 member state to participate in financing a rail project except 15 as provided by law of a member state. 16 b. The commission may accept, for any of its purposes 17 and functions, donations, gifts, grants, and appropriations 18 of money, equipment, supplies, materials, and services from 19 the federal government, from any party state or from any 20 department, agency, or municipality thereof, or from any 21 institution, person, firm, or corporation. All expenses 22 incurred by the commission in executing the duties imposed 23 upon it by this compact shall be paid by the commission out of 24 the funds available to it. The commission shall not issue any 25 debt instrument. The commission shall submit to the officer 26 designated by the laws of each party state, periodically as 27 required by the laws of each party state, a budget containing 28 its actual past and estimated future expenditures. 29 8. Article VIII —— Enactment, effective date, and 30 amendments. The states of Illinois, Indiana, Iowa, Kansas, 31 Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, 32 South Dakota, and Wisconsin are eligible to join this compact. 33 Upon approval of the commission, according to its bylaws, other 34 states may also be declared eligible to join the compact. 35 -4- LSB 2021SS (2) 88 ns/rh 4/ 7
S.F. 355 As to any eligible party state, this compact shall become 1 effective when its legislature shall have enacted the compact 2 into law; provided that the compact shall not become initially 3 effective until enacted into law by any three party states 4 incorporating the provisions of this compact into the laws of 5 the states. Amendments to the compact shall become effective 6 upon their enactment by the legislatures of all compacting 7 states. 8 9. Article IX —— Withdrawal, default, and termination. 9 a. Withdrawal from this compact shall be by enactment of a 10 statute repealing the compact and shall take effect one year 11 after the effective date of the statute. A withdrawing state 12 shall be liable for any obligations which it may have incurred 13 prior to the effective date of withdrawal. 14 b. If any compacting state defaults in the performance 15 of any of its obligations, assumed or imposed, in accordance 16 with this compact, all rights, privileges, and benefits 17 conferred by this compact or agreements under this compact 18 shall be suspended from the effective date of the default as 19 fixed by the commission, and the commission shall stipulate 20 the conditions and maximum time for compliance under which 21 the defaulting state may resume its regular status. Unless 22 the default is remedied under the stipulations and within 23 the time period set forth by the commission, this compact 24 may be terminated with respect to the defaulting state by 25 affirmative vote of a majority of the other commission members. 26 Any such defaulting state may be reinstated, upon vote of 27 the commission, by performing all acts and obligations as 28 stipulated by the commission. 29 10. Article X —— Construction and severability. The 30 provisions of this compact shall be severable and if any 31 phrase, clause, sentence, or provision of this compact is 32 declared to be contrary to the constitution of any compacting 33 state or of the United States, or the applicability thereof 34 to any government, agency, person, or circumstance is held 35 -5- LSB 2021SS (2) 88 ns/rh 5/ 7
S.F. 355 invalid, the validity of the remainder of this compact and 1 the applicability thereof to any government, agency, person, 2 or circumstance shall not be affected by the declaration 3 or holding. If this compact is held to be contrary to the 4 constitution of any compacting state, the compact shall remain 5 in full force and effect as to the remaining states and in 6 full force and effect as to the state affected as to all 7 severable matters. This compact shall be liberally construed 8 to effectuate the purposes of the compact. 9 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 10 immediate importance, takes effect upon enactment. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill provides that the midwest interstate passenger 15 rail compact is entered into and enacted into law together 16 with several other midwestern states if those states join the 17 compact in substantially the same form. 18 The bill provides that the purposes of the compact are 19 to promote development and implementation of improvements to 20 intercity passenger rail service in the midwest, to coordinate 21 interaction among midwestern state officials on passenger 22 rail issues, to promote development and implementation of 23 plans for high-speed rail passenger service in the midwest 24 and other regions, to work with public and private sectors 25 at all levels to ensure coordination among entities with an 26 interest in passenger rail service and to promote midwestern 27 interests regarding such service, and to support efforts of 28 transportation agencies involved in developing and implementing 29 passenger rail service in the midwest. 30 The bill provides that a commission shall be established to 31 further the purposes of and to carry out the duties specified 32 in the compact. Each state joining the compact is to be 33 represented by four commission members: the governor of the 34 state or the governor’s designee, serving during the tenure of 35 -6- LSB 2021SS (2) 88 ns/rh 6/ 7
S.F. 355 the governor or until a successor is named; a member of the 1 private sector appointed by the governor, serving during the 2 tenure of the governor or until a successor is named; and two 3 legislators, one from each legislative chamber, appointed by 4 the appropriate appointing authority in each chamber, serving 5 two-year terms or until successors are appointed. 6 The bill provides a list of powers and duties the commission 7 shall have related to the compact and provides for the 8 administration and financing of the general operations of the 9 commission. The bill also includes provisions relating to 10 withdrawal, default, and termination of the compact. 11 The bill becomes effective upon enactment. The compact, 12 having already been enacted into law and entered into by nine 13 states, would apply in Iowa effective upon enactment of the 14 bill. 15 -7- LSB 2021SS (2) 88 ns/rh 7/ 7