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House File 2096 - 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 (or
8two legislators from any unicameral legislature), who shall
9serve two-year terms, or until successors are appointed, and
10who shall be appointed by the appropriate appointing authority
11in each legislative chamber.
12(2) All vacancies shall be filled in accordance with the
13laws of the appointing states. A commissioner appointed to
14fill a vacancy shall serve until the end of the incomplete
15term. Each member state shall have equal voting privileges, as
16determined by the commission bylaws.
174. Article IV — Powers and duties of the commission.
18a. The duties of the commission are to:
19(1) Advocate for the funding and authorization necessary to
20make passenger rail improvements a reality for the region.
21(2) Identify and seek to develop ways that states can
22form partnerships, including with rail industry and labor, to
23implement improved passenger rail service in the region.
24(3) Seek development of a long-term, interstate plan for
25high-speed rail passenger service implementation.
26(4) Cooperate with other agencies, regions, and entities
27to ensure that the midwest is adequately represented and
28integrated into national plans for passenger rail development.
29(5) Adopt bylaws governing the activities and procedures
30of the commission and addressing, among other subjects: the
31powers and duties of officers; and the voting rights of
32commission members, voting procedures, commission business,
33and any other purposes necessary to fulfill the duties of the
34commission.
35(6) Expend such funds as required to carry out the powers
-2-1and duties of the commission.
2(7) Report on the activities of the commission to the
3legislatures and governors of the member states on an annual
4basis.
5b. In addition to its exercise of these duties, the
6commission may:
7(1) Provide multistate advocacy necessary to implement
8passenger rail systems or plans, as approved by the commission.
9(2) Work with local elected officials, economic development
10planning organizations, and similar entities to raise the
11visibility of passenger rail service benefits and needs.
12(3) Educate other state officials, federal agencies,
13other elected officials, and the public on the advantages
14of passenger rail as an integral part of an intermodal
15transportation system in the region.
16(4) Work with federal agency officials and members of
17Congress to ensure the funding and authorization necessary
18to develop a long-term, interstate plan for high-speed rail
19passenger service implementation.
20(5) Make recommendations to member states.
21(6) If requested by each state participating in a particular
22project and under the terms of a formal agreement approved
23by the participating states and the commission, implement or
24provide oversight for specific rail projects.
25(7) Establish an office and hire staff as necessary.
26(8) Contract for or provide services.
27(9) Assess dues, in accordance with the terms of this
28compact.
29(10) Conduct research.
30(11) Establish committees.
315. Article V — Officers. The commission shall annually
32elect from among its members a chair, a vice chair who shall
33not be a resident of the state represented by the chair, and
34others as approved in the commission bylaws. The officers
35shall perform such functions and exercise such powers as are
-3-1specified in the commission bylaws.
26. Article VI — Meetings and commission administration. The
3commission shall meet at least once in each calendar year and
4at such other times as may be determined by the commission.
5Commission business shall be conducted in accordance with the
6procedures and voting rights specified in the bylaws.
77. Article VII — Finance.
8a. Except as otherwise provided, the moneys necessary to
9finance the general operations of the commission in carrying
10forth its duties, responsibilities, and powers as stated
11in this compact shall be appropriated to the commission by
12the compacting states, when authorized by the respective
13legislatures, by equal apportionment among the compacting
14states. Nothing in this compact shall be construed to commit a
15member state to participate in financing a rail project except
16as provided by law of a member state.
17b. The commission may accept, for any of its purposes
18and functions, donations, gifts, grants, and appropriations
19of money, equipment, supplies, materials, and services from
20the federal government, from any party state or from any
21department, agency, or municipality thereof, or from any
22institution, person, firm, or corporation. All expenses
23incurred by the commission in executing the duties imposed
24upon it by this compact shall be paid by the commission out of
25the funds available to it. The commission shall not issue any
26debt instrument. The commission shall submit to the officer
27designated by the laws of each party state, periodically as
28required by the laws of each party state, a budget containing
29its actual past and estimated future expenditures.
308. Article VIII — Enactment, effective date, and
31amendments. The states of Illinois, Indiana, Iowa, Kansas,
32Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio,
33South Dakota, and Wisconsin are eligible to join this compact.
34Upon approval of the commission, according to its bylaws, other
35states may also be declared eligible to join the compact.
-4-1As to any eligible party state, this compact shall become
2effective when its legislature shall have enacted the compact
3into law; provided that the compact shall not become initially
4effective until enacted into law by any three party states
5incorporating the provisions of this compact into the laws of
6the states. Amendments to the compact shall become effective
7upon their enactment by the legislatures of all compacting
8states.
99. Article IX — Withdrawal, default, and termination.
10a. Withdrawal from this compact shall be by enactment of a
11statute repealing the compact and shall take effect one year
12after the effective date of the statute. A withdrawing state
13shall be liable for any obligations which it may have incurred
14prior to the effective date of withdrawal.
15b. If any compacting state defaults in the performance
16of any of its obligations, assumed or imposed, in accordance
17with this compact, all rights, privileges, and benefits
18conferred by this compact or agreements under this compact
19shall be suspended from the effective date of the default as
20fixed by the commission, and the commission shall stipulate
21the conditions and maximum time for compliance under which
22the defaulting state may resume its regular status. Unless
23the default is remedied under the stipulations and within
24the time period set forth by the commission, this compact
25may be terminated with respect to the defaulting state by
26affirmative vote of a majority of the other commission members.
27Any such defaulting state may be reinstated, upon vote of
28the commission, by performing all acts and obligations as
29stipulated by the commission.
3010. Article X — Construction and severability. The
31provisions of this compact shall be severable and if any
32phrase, clause, sentence, or provision of this compact is
33declared to be contrary to the constitution of any compacting
34state or of the United States, or the applicability thereof
35to any government, agency, person, or circumstance is held
-5-1invalid, the validity of the remainder of this compact and
2the applicability thereof to any government, agency, person,
3or circumstance shall not be affected by the declaration
4or holding. If this compact is held to be contrary to the
5constitution of any compacting state, the compact shall remain
6in full force and effect as to the remaining states and in
7full force and effect as to the state affected as to all
8severable matters. This compact shall be liberally construed
9to effectuate the purposes of the compact.
10 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
11immediate importance, takes effect upon enactment.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides that the midwest interstate passenger
16rail compact is entered into and enacted into law together
17with several other midwestern states if those states join the
18compact in substantially the same form.
19The bill provides that the purposes of the compact are
20to promote development and implementation of improvements to
21intercity passenger rail service in the midwest, to coordinate
22interaction among midwestern state officials on passenger
23rail issues, to promote development and implementation of
24plans for high-speed rail passenger service in the midwest
25and other regions, to work with public and private sectors
26at all levels to ensure coordination among entities with an
27interest in passenger rail service and to promote midwestern
28interests regarding such service, and to support efforts of
29transportation agencies involved in developing and implementing
30passenger rail service in the midwest.
31The bill provides that a commission shall be established to
32further the purposes of and to carry out the duties specified
33in the compact. Each state joining the compact is to be
34represented by four commission members: the governor of the
35state or the governor’s designee, serving during the tenure of
-6-1the governor or until a successor is named; a member of the
2private sector appointed by the governor, serving during the
3tenure of the governor or until a successor is named; and two
4legislators, one from each legislative chamber, appointed by
5the appropriate appointing authority in each chamber, serving
6two-year terms or until successors are appointed.
7The bill provides a list of powers and duties the commission
8shall have related to the compact and provides for the
9administration and financing of the general operations of
10the commission. The bill also includes provisions relating
11to withdrawal, default, and termination of the compact and
12includes language providing for severability of the compact’s
13provisions in the event that a provision is found to be invalid
14or unconstitutional.
15The bill becomes effective upon enactment. The compact,
16having already been enacted into law and entered into by nine
17states, would apply in Iowa effective upon enactment of this
18bill.
-7-ns/lh
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 (or
8two legislators from any unicameral legislature), who shall
9serve two-year terms, or until successors are appointed, and
10who shall be appointed by the appropriate appointing authority
11in each legislative chamber.
12(2) All vacancies shall be filled in accordance with the
13laws of the appointing states. A commissioner appointed to
14fill a vacancy shall serve until the end of the incomplete
15term. Each member state shall have equal voting privileges, as
16determined by the commission bylaws.
174. Article IV — Powers and duties of the commission.
18a. The duties of the commission are to:
19(1) Advocate for the funding and authorization necessary to
20make passenger rail improvements a reality for the region.
21(2) Identify and seek to develop ways that states can
22form partnerships, including with rail industry and labor, to
23implement improved passenger rail service in the region.
24(3) Seek development of a long-term, interstate plan for
25high-speed rail passenger service implementation.
26(4) Cooperate with other agencies, regions, and entities
27to ensure that the midwest is adequately represented and
28integrated into national plans for passenger rail development.
29(5) Adopt bylaws governing the activities and procedures
30of the commission and addressing, among other subjects: the
31powers and duties of officers; and the voting rights of
32commission members, voting procedures, commission business,
33and any other purposes necessary to fulfill the duties of the
34commission.
35(6) Expend such funds as required to carry out the powers
-2-1and duties of the commission.
2(7) Report on the activities of the commission to the
3legislatures and governors of the member states on an annual
4basis.
5b. In addition to its exercise of these duties, the
6commission may:
7(1) Provide multistate advocacy necessary to implement
8passenger rail systems or plans, as approved by the commission.
9(2) Work with local elected officials, economic development
10planning organizations, and similar entities to raise the
11visibility of passenger rail service benefits and needs.
12(3) Educate other state officials, federal agencies,
13other elected officials, and the public on the advantages
14of passenger rail as an integral part of an intermodal
15transportation system in the region.
16(4) Work with federal agency officials and members of
17Congress to ensure the funding and authorization necessary
18to develop a long-term, interstate plan for high-speed rail
19passenger service implementation.
20(5) Make recommendations to member states.
21(6) If requested by each state participating in a particular
22project and under the terms of a formal agreement approved
23by the participating states and the commission, implement or
24provide oversight for specific rail projects.
25(7) Establish an office and hire staff as necessary.
26(8) Contract for or provide services.
27(9) Assess dues, in accordance with the terms of this
28compact.
29(10) Conduct research.
30(11) Establish committees.
315. Article V — Officers. The commission shall annually
32elect from among its members a chair, a vice chair who shall
33not be a resident of the state represented by the chair, and
34others as approved in the commission bylaws. The officers
35shall perform such functions and exercise such powers as are
-3-1specified in the commission bylaws.
26. Article VI — Meetings and commission administration. The
3commission shall meet at least once in each calendar year and
4at such other times as may be determined by the commission.
5Commission business shall be conducted in accordance with the
6procedures and voting rights specified in the bylaws.
77. Article VII — Finance.
8a. Except as otherwise provided, the moneys necessary to
9finance the general operations of the commission in carrying
10forth its duties, responsibilities, and powers as stated
11in this compact shall be appropriated to the commission by
12the compacting states, when authorized by the respective
13legislatures, by equal apportionment among the compacting
14states. Nothing in this compact shall be construed to commit a
15member state to participate in financing a rail project except
16as provided by law of a member state.
17b. The commission may accept, for any of its purposes
18and functions, donations, gifts, grants, and appropriations
19of money, equipment, supplies, materials, and services from
20the federal government, from any party state or from any
21department, agency, or municipality thereof, or from any
22institution, person, firm, or corporation. All expenses
23incurred by the commission in executing the duties imposed
24upon it by this compact shall be paid by the commission out of
25the funds available to it. The commission shall not issue any
26debt instrument. The commission shall submit to the officer
27designated by the laws of each party state, periodically as
28required by the laws of each party state, a budget containing
29its actual past and estimated future expenditures.
308. Article VIII — Enactment, effective date, and
31amendments. The states of Illinois, Indiana, Iowa, Kansas,
32Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio,
33South Dakota, and Wisconsin are eligible to join this compact.
34Upon approval of the commission, according to its bylaws, other
35states may also be declared eligible to join the compact.
-4-1As to any eligible party state, this compact shall become
2effective when its legislature shall have enacted the compact
3into law; provided that the compact shall not become initially
4effective until enacted into law by any three party states
5incorporating the provisions of this compact into the laws of
6the states. Amendments to the compact shall become effective
7upon their enactment by the legislatures of all compacting
8states.
99. Article IX — Withdrawal, default, and termination.
10a. Withdrawal from this compact shall be by enactment of a
11statute repealing the compact and shall take effect one year
12after the effective date of the statute. A withdrawing state
13shall be liable for any obligations which it may have incurred
14prior to the effective date of withdrawal.
15b. If any compacting state defaults in the performance
16of any of its obligations, assumed or imposed, in accordance
17with this compact, all rights, privileges, and benefits
18conferred by this compact or agreements under this compact
19shall be suspended from the effective date of the default as
20fixed by the commission, and the commission shall stipulate
21the conditions and maximum time for compliance under which
22the defaulting state may resume its regular status. Unless
23the default is remedied under the stipulations and within
24the time period set forth by the commission, this compact
25may be terminated with respect to the defaulting state by
26affirmative vote of a majority of the other commission members.
27Any such defaulting state may be reinstated, upon vote of
28the commission, by performing all acts and obligations as
29stipulated by the commission.
3010. Article X — Construction and severability. The
31provisions of this compact shall be severable and if any
32phrase, clause, sentence, or provision of this compact is
33declared to be contrary to the constitution of any compacting
34state or of the United States, or the applicability thereof
35to any government, agency, person, or circumstance is held
-5-1invalid, the validity of the remainder of this compact and
2the applicability thereof to any government, agency, person,
3or circumstance shall not be affected by the declaration
4or holding. If this compact is held to be contrary to the
5constitution of any compacting state, the compact shall remain
6in full force and effect as to the remaining states and in
7full force and effect as to the state affected as to all
8severable matters. This compact shall be liberally construed
9to effectuate the purposes of the compact.
10 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
11immediate importance, takes effect upon enactment.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides that the midwest interstate passenger
16rail compact is entered into and enacted into law together
17with several other midwestern states if those states join the
18compact in substantially the same form.
19The bill provides that the purposes of the compact are
20to promote development and implementation of improvements to
21intercity passenger rail service in the midwest, to coordinate
22interaction among midwestern state officials on passenger
23rail issues, to promote development and implementation of
24plans for high-speed rail passenger service in the midwest
25and other regions, to work with public and private sectors
26at all levels to ensure coordination among entities with an
27interest in passenger rail service and to promote midwestern
28interests regarding such service, and to support efforts of
29transportation agencies involved in developing and implementing
30passenger rail service in the midwest.
31The bill provides that a commission shall be established to
32further the purposes of and to carry out the duties specified
33in the compact. Each state joining the compact is to be
34represented by four commission members: the governor of the
35state or the governor’s designee, serving during the tenure of
-6-1the governor or until a successor is named; a member of the
2private sector appointed by the governor, serving during the
3tenure of the governor or until a successor is named; and two
4legislators, one from each legislative chamber, appointed by
5the appropriate appointing authority in each chamber, serving
6two-year terms or until successors are appointed.
7The bill provides a list of powers and duties the commission
8shall have related to the compact and provides for the
9administration and financing of the general operations of
10the commission. The bill also includes provisions relating
11to withdrawal, default, and termination of the compact and
12includes language providing for severability of the compact’s
13provisions in the event that a provision is found to be invalid
14or unconstitutional.
15The bill becomes effective upon enactment. The compact,
16having already been enacted into law and entered into by nine
17states, would apply in Iowa effective upon enactment of this
18bill.
-7-ns/lh