SF 2315 (LSB 5798SV (1) 90)

SENATE FILE 2315

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SSB 3091)

(COMPANION TO HF 591 BY COMMITTEE ON TRANSPORTATION)

A BILL FOR

An Act relating to the midwest interstate passenger rail compact, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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