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Senate File 2315 - IntroducedA Bill ForAn Act 1relating to the midwest interstate passenger rail
2compact, and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327K.1 Midwest interstate passenger
2rail compact.
3The midwest interstate passenger rail compact is enacted
4into law and entered into with all other states legally joining
5in the compact in substantially the following form:
61. Article I — Statement of purpose. The purposes of this
7compact are, through joint or cooperative action:
8a. To promote development and implementation of improvements
9to intercity passenger rail service in the midwest.
10b. To coordinate interaction among midwestern state elected
11officials and their designees on passenger rail issues.
12c. To promote development and implementation of long-range
13plans for high-speed rail passenger service in the midwest and
14among other regions of the United States.
15d. To work with the public and private sectors at the
16federal, state, and local levels to ensure coordination among
17the various entities having an interest in passenger rail
18service and to promote midwestern interests regarding passenger
19rail.
20e. To support efforts of transportation agencies involved
21in developing and implementing passenger rail service in the
22midwest.
232. Article II — Establishment of commission. To further the
24purposes of the compact, a commission is created to carry out
25the duties specified in this compact.
263. Article III — Commission membership.
27a. The manner of appointment of commission members, terms of
28office consistent with the terms of this compact, provisions
29for removal and suspension, and manner of appointment to fill
30vacancies shall be determined by each party state pursuant to
31its laws, but each commissioner shall be a resident of the
32state of appointment. Commission members shall serve without
33compensation from the commission.
34b. (1) The commission shall consist of four resident
35members of each state as follows:
-1- 1(a) The governor or the governor’s designee who shall
2serve during the tenure of office of the governor, or until a
3successor is named.
4(b) One member of the private sector who shall be appointed
5by the governor and shall serve during the tenure of office of
6the governor, or until a successor is named.
7(c) Two legislators, one from each legislative chamber, who
8shall serve two-year terms, or until successors are appointed,
9and who shall be appointed by the appropriate appointing
10authority in each legislative chamber.
11(2) All vacancies shall be filled in accordance with the
12laws of the appointing states. A commissioner appointed to
13fill a vacancy shall serve until the end of the incomplete
14term. Each member state shall have equal voting privileges, as
15determined by the commission bylaws.
164. Article IV — Powers and duties of the commission.
17a. The duties of the commission are to:
18(1) Advocate for the funding and authorization necessary to
19make passenger rail improvements a reality for the region.
20(2) Identify and seek to develop ways that states can
21form partnerships, including with rail industry and labor, to
22implement improved passenger rail service in the region.
23(3) Seek development of a long-term, interstate plan for
24high-speed rail passenger service implementation.
25(4) Cooperate with other agencies, regions, and entities
26to ensure that the midwest is adequately represented and
27integrated into national plans for passenger rail development.
28(5) Adopt bylaws governing the activities and procedures
29of the commission and addressing, among other subjects: the
30powers and duties of officers; and the voting rights of
31commission members, voting procedures, commission business,
32and any other purposes necessary to fulfill the duties of the
33commission.
34(6) Expend such funds as required to carry out the powers
35and duties of the commission.
-2- 1(7) Report on the activities of the commission to the
2legislatures and governors of the member states on an annual
3basis.
4b. In addition to its exercise of these duties, the
5commission may:
6(1) Provide multistate advocacy necessary to implement
7passenger rail systems or plans, as approved by the commission.
8(2) Work with local elected officials, economic development
9planning organizations, and similar entities to raise the
10visibility of passenger rail service benefits and needs.
11(3) Educate other state officials, federal agencies,
12other elected officials, and the public on the advantages
13of passenger rail as an integral part of an intermodal
14transportation system in the region.
15(4) Work with federal agency officials and members of
16Congress to ensure the funding and authorization necessary
17to develop a long-term, interstate plan for high-speed rail
18passenger service implementation.
19(5) Make recommendations to member states.
20(6) If requested by each state participating in a particular
21project and under the terms of a formal agreement approved
22by the participating states and the commission, implement or
23provide 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
27compact.
28(10) Conduct research.
29(11) Establish committees.
305. Article V — Officers. The commission shall annually
31elect from among its members a chair, a vice chair who shall
32not be a resident of the state represented by the chair, and
33others as approved in the commission bylaws. The officers
34shall perform such functions and exercise such powers as are
35specified in the commission bylaws.
-3- 16. Article VI — Meetings and commission administration. The
2commission shall meet at least once in each calendar year and
3at such other times as may be determined by the commission.
4Commission business shall be conducted in accordance with the
5procedures and voting rights specified in the bylaws.
67. Article VII — Finance.
7a. Except as otherwise provided, the moneys necessary to
8finance the general operations of the commission in carrying
9forth its duties, responsibilities, and powers as stated
10in this compact shall be appropriated to the commission by
11the compacting states, when authorized by the respective
12legislatures, by equal apportionment among the compacting
13states. Nothing in this compact shall be construed to commit a
14member state to participate in financing a rail project except
15as provided by law of a member state.
16b. The commission may accept, for any of its purposes
17and functions, donations, gifts, grants, and appropriations
18of money, equipment, supplies, materials, and services from
19the federal government, from any party state or from any
20department, agency, or municipality thereof, or from any
21institution, person, firm, or corporation. All expenses
22incurred by the commission in executing the duties imposed
23upon it by this compact shall be paid by the commission out of
24the funds available to it. The commission shall not issue any
25debt instrument. The commission shall submit to the officer
26designated by the laws of each party state, periodically as
27required by the laws of each party state, a budget containing
28its actual past and estimated future expenditures.
298. Article VIII — Enactment, effective date, and
30amendments. The states of Illinois, Indiana, Iowa, Kansas,
31Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio,
32South Dakota, and Wisconsin are eligible to join this compact.
33Upon approval of the commission, according to its bylaws, other
34states may also be declared eligible to join the compact.
35As to any eligible party state, this compact shall become
-4-1effective when its legislature shall have enacted the compact
2into law; provided that the compact shall not become initially
3effective until enacted into law by any three party states
4incorporating the provisions of this compact into the laws of
5the states. Amendments to the compact shall become effective
6upon their enactment by the legislatures of all compacting
7states.
89. Article IX — Withdrawal, default, and termination.
9a. Withdrawal from this compact shall be by enactment of a
10statute repealing the compact and shall take effect one year
11after the effective date of the statute. A withdrawing state
12shall be liable for any obligations which it may have incurred
13prior to the effective date of withdrawal.
14b. If any compacting state defaults in the performance
15of any of its obligations, assumed or imposed, in accordance
16with this compact, all rights, privileges, and benefits
17conferred by this compact or agreements under this compact
18shall be suspended from the effective date of the default as
19fixed by the commission, and the commission shall stipulate
20the conditions and maximum time for compliance under which
21the defaulting state may resume its regular status. Unless
22the default is remedied under the stipulations and within
23the time period set forth by the commission, this compact
24may be terminated with respect to the defaulting state by
25affirmative vote of a majority of the other commission members.
26Any such defaulting state may be reinstated, upon vote of
27the commission, by performing all acts and obligations as
28stipulated by the commission.
2910. Article X — Construction and severability. The
30provisions of this compact shall be severable and if any
31phrase, clause, sentence, or provision of this compact is
32declared to be contrary to the constitution of any compacting
33state or of the United States, or the applicability thereof
34to any government, agency, person, or circumstance is held
35invalid, the validity of the remainder of this compact and
-5-1the applicability thereof to any government, agency, person,
2or circumstance shall not be affected by the declaration
3or holding. If this compact is held to be contrary to the
4constitution of any compacting state, the compact shall remain
5in full force and effect as to the remaining states and in
6full force and effect as to the state affected as to all
7severable matters. This compact shall be liberally construed
8to effectuate the purposes of the compact.
9 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
10importance, takes effect upon enactment.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill provides that the midwest interstate passenger
15rail compact is entered into and enacted into law together
16with several other midwestern states if those states join the
17compact in substantially the same form.
18The bill provides that the purposes of the compact are
19to promote development and implementation of improvements to
20intercity passenger rail service in the midwest, to coordinate
21interaction among midwestern state officials on passenger
22rail issues, to promote development and implementation of
23plans for high-speed rail passenger service in the midwest
24and other regions, to work with public and private sectors
25at all levels to ensure coordination among entities with an
26interest in passenger rail service and to promote midwestern
27interests regarding such service, and to support efforts of
28transportation agencies involved in developing and implementing
29passenger rail service in the midwest.
30The bill provides that a commission shall be established to
31further the purposes of and to carry out the duties specified
32in the compact. Each state joining the compact is to be
33represented by four commission members: the governor of the
34state or the governor’s designee, serving during the tenure of
35the governor or until a successor is named; a member of the
-6-1private sector appointed by the governor, serving during the
2tenure of the governor or until a successor is named; and two
3legislators, one from each legislative chamber, appointed by
4the appropriate appointing authority in each chamber, serving
5two-year terms or until successors are appointed.
6The bill provides a list of powers and duties the commission
7shall have related to the compact and provides for the
8administration and financing of the general operations of the
9commission. The bill also includes provisions relating to
10withdrawal, default, and termination of the compact.
11The bill takes effect upon enactment. The compact, having
12already been enacted into law and entered into by eight states,
13would apply in Iowa effective upon enactment of the bill.
14Current midwest interstate passenger rail compact member
15states include Illinois, Indiana, Kansas, Michigan, Minnesota,
16Missouri, North Dakota, and Wisconsin. Iowa, Nebraska, Ohio,
17and South Dakota are eligible to join.
-7-th/ns
2compact, and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327K.1 Midwest interstate passenger
2rail compact.
3The midwest interstate passenger rail compact is enacted
4into law and entered into with all other states legally joining
5in the compact in substantially the following form:
61. Article I — Statement of purpose. The purposes of this
7compact are, through joint or cooperative action:
8a. To promote development and implementation of improvements
9to intercity passenger rail service in the midwest.
10b. To coordinate interaction among midwestern state elected
11officials and their designees on passenger rail issues.
12c. To promote development and implementation of long-range
13plans for high-speed rail passenger service in the midwest and
14among other regions of the United States.
15d. To work with the public and private sectors at the
16federal, state, and local levels to ensure coordination among
17the various entities having an interest in passenger rail
18service and to promote midwestern interests regarding passenger
19rail.
20e. To support efforts of transportation agencies involved
21in developing and implementing passenger rail service in the
22midwest.
232. Article II — Establishment of commission. To further the
24purposes of the compact, a commission is created to carry out
25the duties specified in this compact.
263. Article III — Commission membership.
27a. The manner of appointment of commission members, terms of
28office consistent with the terms of this compact, provisions
29for removal and suspension, and manner of appointment to fill
30vacancies shall be determined by each party state pursuant to
31its laws, but each commissioner shall be a resident of the
32state of appointment. Commission members shall serve without
33compensation from the commission.
34b. (1) The commission shall consist of four resident
35members of each state as follows:
-1- 1(a) The governor or the governor’s designee who shall
2serve during the tenure of office of the governor, or until a
3successor is named.
4(b) One member of the private sector who shall be appointed
5by the governor and shall serve during the tenure of office of
6the governor, or until a successor is named.
7(c) Two legislators, one from each legislative chamber, who
8shall serve two-year terms, or until successors are appointed,
9and who shall be appointed by the appropriate appointing
10authority in each legislative chamber.
11(2) All vacancies shall be filled in accordance with the
12laws of the appointing states. A commissioner appointed to
13fill a vacancy shall serve until the end of the incomplete
14term. Each member state shall have equal voting privileges, as
15determined by the commission bylaws.
164. Article IV — Powers and duties of the commission.
17a. The duties of the commission are to:
18(1) Advocate for the funding and authorization necessary to
19make passenger rail improvements a reality for the region.
20(2) Identify and seek to develop ways that states can
21form partnerships, including with rail industry and labor, to
22implement improved passenger rail service in the region.
23(3) Seek development of a long-term, interstate plan for
24high-speed rail passenger service implementation.
25(4) Cooperate with other agencies, regions, and entities
26to ensure that the midwest is adequately represented and
27integrated into national plans for passenger rail development.
28(5) Adopt bylaws governing the activities and procedures
29of the commission and addressing, among other subjects: the
30powers and duties of officers; and the voting rights of
31commission members, voting procedures, commission business,
32and any other purposes necessary to fulfill the duties of the
33commission.
34(6) Expend such funds as required to carry out the powers
35and duties of the commission.
-2- 1(7) Report on the activities of the commission to the
2legislatures and governors of the member states on an annual
3basis.
4b. In addition to its exercise of these duties, the
5commission may:
6(1) Provide multistate advocacy necessary to implement
7passenger rail systems or plans, as approved by the commission.
8(2) Work with local elected officials, economic development
9planning organizations, and similar entities to raise the
10visibility of passenger rail service benefits and needs.
11(3) Educate other state officials, federal agencies,
12other elected officials, and the public on the advantages
13of passenger rail as an integral part of an intermodal
14transportation system in the region.
15(4) Work with federal agency officials and members of
16Congress to ensure the funding and authorization necessary
17to develop a long-term, interstate plan for high-speed rail
18passenger service implementation.
19(5) Make recommendations to member states.
20(6) If requested by each state participating in a particular
21project and under the terms of a formal agreement approved
22by the participating states and the commission, implement or
23provide 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
27compact.
28(10) Conduct research.
29(11) Establish committees.
305. Article V — Officers. The commission shall annually
31elect from among its members a chair, a vice chair who shall
32not be a resident of the state represented by the chair, and
33others as approved in the commission bylaws. The officers
34shall perform such functions and exercise such powers as are
35specified in the commission bylaws.
-3- 16. Article VI — Meetings and commission administration. The
2commission shall meet at least once in each calendar year and
3at such other times as may be determined by the commission.
4Commission business shall be conducted in accordance with the
5procedures and voting rights specified in the bylaws.
67. Article VII — Finance.
7a. Except as otherwise provided, the moneys necessary to
8finance the general operations of the commission in carrying
9forth its duties, responsibilities, and powers as stated
10in this compact shall be appropriated to the commission by
11the compacting states, when authorized by the respective
12legislatures, by equal apportionment among the compacting
13states. Nothing in this compact shall be construed to commit a
14member state to participate in financing a rail project except
15as provided by law of a member state.
16b. The commission may accept, for any of its purposes
17and functions, donations, gifts, grants, and appropriations
18of money, equipment, supplies, materials, and services from
19the federal government, from any party state or from any
20department, agency, or municipality thereof, or from any
21institution, person, firm, or corporation. All expenses
22incurred by the commission in executing the duties imposed
23upon it by this compact shall be paid by the commission out of
24the funds available to it. The commission shall not issue any
25debt instrument. The commission shall submit to the officer
26designated by the laws of each party state, periodically as
27required by the laws of each party state, a budget containing
28its actual past and estimated future expenditures.
298. Article VIII — Enactment, effective date, and
30amendments. The states of Illinois, Indiana, Iowa, Kansas,
31Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio,
32South Dakota, and Wisconsin are eligible to join this compact.
33Upon approval of the commission, according to its bylaws, other
34states may also be declared eligible to join the compact.
35As to any eligible party state, this compact shall become
-4-1effective when its legislature shall have enacted the compact
2into law; provided that the compact shall not become initially
3effective until enacted into law by any three party states
4incorporating the provisions of this compact into the laws of
5the states. Amendments to the compact shall become effective
6upon their enactment by the legislatures of all compacting
7states.
89. Article IX — Withdrawal, default, and termination.
9a. Withdrawal from this compact shall be by enactment of a
10statute repealing the compact and shall take effect one year
11after the effective date of the statute. A withdrawing state
12shall be liable for any obligations which it may have incurred
13prior to the effective date of withdrawal.
14b. If any compacting state defaults in the performance
15of any of its obligations, assumed or imposed, in accordance
16with this compact, all rights, privileges, and benefits
17conferred by this compact or agreements under this compact
18shall be suspended from the effective date of the default as
19fixed by the commission, and the commission shall stipulate
20the conditions and maximum time for compliance under which
21the defaulting state may resume its regular status. Unless
22the default is remedied under the stipulations and within
23the time period set forth by the commission, this compact
24may be terminated with respect to the defaulting state by
25affirmative vote of a majority of the other commission members.
26Any such defaulting state may be reinstated, upon vote of
27the commission, by performing all acts and obligations as
28stipulated by the commission.
2910. Article X — Construction and severability. The
30provisions of this compact shall be severable and if any
31phrase, clause, sentence, or provision of this compact is
32declared to be contrary to the constitution of any compacting
33state or of the United States, or the applicability thereof
34to any government, agency, person, or circumstance is held
35invalid, the validity of the remainder of this compact and
-5-1the applicability thereof to any government, agency, person,
2or circumstance shall not be affected by the declaration
3or holding. If this compact is held to be contrary to the
4constitution of any compacting state, the compact shall remain
5in full force and effect as to the remaining states and in
6full force and effect as to the state affected as to all
7severable matters. This compact shall be liberally construed
8to effectuate the purposes of the compact.
9 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
10importance, takes effect upon enactment.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill provides that the midwest interstate passenger
15rail compact is entered into and enacted into law together
16with several other midwestern states if those states join the
17compact in substantially the same form.
18The bill provides that the purposes of the compact are
19to promote development and implementation of improvements to
20intercity passenger rail service in the midwest, to coordinate
21interaction among midwestern state officials on passenger
22rail issues, to promote development and implementation of
23plans for high-speed rail passenger service in the midwest
24and other regions, to work with public and private sectors
25at all levels to ensure coordination among entities with an
26interest in passenger rail service and to promote midwestern
27interests regarding such service, and to support efforts of
28transportation agencies involved in developing and implementing
29passenger rail service in the midwest.
30The bill provides that a commission shall be established to
31further the purposes of and to carry out the duties specified
32in the compact. Each state joining the compact is to be
33represented by four commission members: the governor of the
34state or the governor’s designee, serving during the tenure of
35the governor or until a successor is named; a member of the
-6-1private sector appointed by the governor, serving during the
2tenure of the governor or until a successor is named; and two
3legislators, one from each legislative chamber, appointed by
4the appropriate appointing authority in each chamber, serving
5two-year terms or until successors are appointed.
6The bill provides a list of powers and duties the commission
7shall have related to the compact and provides for the
8administration and financing of the general operations of the
9commission. The bill also includes provisions relating to
10withdrawal, default, and termination of the compact.
11The bill takes effect upon enactment. The compact, having
12already been enacted into law and entered into by eight states,
13would apply in Iowa effective upon enactment of the bill.
14Current midwest interstate passenger rail compact member
15states include Illinois, Indiana, Kansas, Michigan, Minnesota,
16Missouri, North Dakota, and Wisconsin. Iowa, Nebraska, Ohio,
17and South Dakota are eligible to join.
-7-th/ns