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91_HB3032
LRB9109455DHmg
1 AN ACT creating the Midwest Interstate Passenger Rail
2 Compact.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 0.01. Short title. This Act may be cited as the
6 Midwest Interstate Passenger Rail Compact Act.
7 Section 1. Midwest Interstate Passenger Rail Compact.
8 The Midwest Interstate Passenger Rail Compact is hereby
9 enacted into law and entered into by this State as a party
10 with any other state or states legally joining therein in the
11 form substantially as follows:
12 ARTICLE I. STATEMENT OF PURPOSE
13 The purposes of this compact are, through joint or
14 cooperative action:
15 (A) to promote the development and implementation
16 of improvements to intercity passenger rail service in
17 the Midwest;
18 (B) to coordinate interaction among Midwestern
19 state elected officials and their designees on passenger
20 rail issues;
21 (C) to promote development and implementation of
22 long-range plans for high speed rail passenger service in
23 the Midwest and among other regions of the United States;
24 (D) to work with the public and private sectors at
25 the federal, State, and local levels to ensure
26 coordination among the various entities having an
27 interest in passenger rail service and to promote
28 Midwestern interests regarding passenger rail; and
29 (E) to support efforts of transportation agencies
30 involved in developing and implementing passenger service
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1 in the Midwest.
2 ARTICLE II. ESTABLISHMENT OF COMMISSION
3 To further the purposes of the compact, a Commission is
4 created to carry out the duties specified in this compact.
5 ARTICLE III. COMMISSION MEMBERSHIP
6 The manner of appointment of Commission members, terms of
7 office consistent with the terms of this compact, provisions
8 for removal and suspension, and manner of appointment to fill
9 vacancies shall be determined by each party state pursuant to
10 its laws, but each Commissioner shall be a resident of the
11 state of appointment. Commission members shall serve without
12 compensation from the Commission.
13 The Commission shall consist of 4 resident members of
14 each state as follows: the Governor or the Governor's
15 designee who shall serve during the tenure of office of the
16 Governor, or until a successor is named; one member of the
17 private sector who shall be appointed by the Governor and
18 shall serve during the tenure of office of the Governor, or
19 until a successor is named; and 2 legislators, one from each
20 legislative chamber (or 2 legislators from any unicameral
21 legislature), who shall serve two-year terms, or until
22 successors are appointed, and who shall be appointed by the
23 appropriate appointing authority in each legislative chamber.
24 All vacancies shall be filled in accordance with the laws of
25 the appointing states. Any Commissioner appointed to fill a
26 vacancy shall serve until the end of the incomplete term.
27 Each member state shall have equal voting privileges, as
28 determined by Commission bylaws.
29 ARTICLE IV. POWERS AND DUTIES OF THE COMMISSION
30 The duties of the Commission are to:
31 (1) advocate for the funding and authorization
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1 necessary to make passenger rail improvements a reality
2 for the region;
3 (2) identify and seek to develop ways that states
4 can form partnerships, including with rail industry and
5 labor, to implement improved passenger rail in the
6 region;
7 (3) seek development of a long-term, interstate
8 plan for high speed rail passenger service
9 implementation;
10 (4) cooperate with other agencies, regions, and
11 entities to ensure that the Midwest is adequately
12 represented and integrated into national plans for
13 passenger rail development;
14 (5) adopt bylaws governing the activities and
15 procedures of the Commission and addressing, among other
16 subjects: the powers and duties of officers; the voting
17 rights of Commission members, voting procedures,
18 Commission business, and any other purposes necessary to
19 fulfill the duties of the Commission;
20 (6) expend such funds as required to carry out the
21 duties of the Commission; and
22 (7) report on the activities of the Commission to
23 the legislatures and governor of the member states on an
24 annual basis.
25 In addition to its exercise of these duties, the
26 Commission is empowered to:
27 (1) provide multistate advocacy necessary to
28 implement passenger rail systems or plans, as approved by
29 the Commission;
30 (2) work with local elected officials, economic
31 development planning organizations, and similar entities
32 to raise the visibility of passenger rail service
33 benefits and needs;
34 (3) educate other state officials, federal
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1 agencies, other elected officials, and the public on the
2 advantages of passenger rail as an integral part of an
3 intermodal transportation system in the region;
4 (4) work with federal agency officials and members
5 of Congress to ensure the funding and authorization
6 necessary to develop a long-term, interstate plan for
7 high speed rail passenger service implementation;
8 (5) make recommendations to member states;
9 (6) if requested by each state participating in a
10 particular project and under the terms of a formal
11 agreement approved by the participating states and the
12 Commission, implement or provide oversight for specific
13 rail projects;
14 (7) establish an office and hire staff as
15 necessary;
16 (8) contract for or provide services;
17 (9) assess dues, in accordance with the terms of
18 this compact;
19 (10) conduct research; and
20 (11) establish committees.
21 ARTICLE V. OFFICERS
22 The Commission shall annually elect from among its
23 members a chair, a vice-chair who shall not be a resident of
24 the state represented by the chair, and others as approved in
25 the Commission bylaws. The officers shall perform such
26 functions and exercise such powers as are specified in the
27 Commission bylaws.
28 ARTICLE VI. MEETINGS AND COMMISSION ADMINISTRATION
29 The Commission shall meet at least once in each calendar
30 year, and at such other times as may be determined by the
31 Commission. Commission business shall be conducted in
32 accordance with the procedures and voting rights specified in
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1 the bylaws.
2 ARTICLE VII. FINANCE
3 Except as otherwise provided for, the moneys necessary to
4 finance the general operations of the Commission in carrying
5 forth its duties, responsibilities, and powers as stated
6 herein shall be appropriated to the Commission by the
7 compacting states, when authorized by the respective
8 legislatures, by equal apportionment among the compacting
9 states. Nothing in this compact shall be construed to commit
10 a member state to participate in financing a rail project
11 except as provided by law of a member state.
12 The Commission may accept, for any of its purposes and
13 functions, donations, gifts, grants, and appropriations of
14 money, equipment, supplies, materials, and services from the
15 federal government, from any party state or from any
16 department, agency, or municipality thereof, or from any
17 institution, person, firm, or corporation. All expenses
18 incurred by the Commission in executing the duties imposed
19 upon it by this compact shall be paid by the Commission out
20 of the funds available to it. The Commission shall not issue
21 any debt instrument. The Commission shall submit to the
22 officer designated by the laws of each party state,
23 periodically as required by the laws of each party state, a
24 budget of its actual past and estimated future expenditures.
25 ARTICLE VIII. ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS
26 The States of Illinois, Indiana, Iowa, Kansas, Michigan,
27 Minnesota, Missouri, Nebraska, Ohio, and Wisconsin are
28 eligible to join this compact. Upon approval of the
29 Commission according to its bylaws, other states may also be
30 declared eligible to join the compact. As to any eligible
31 party state, this compact shall become effective when its
32 legislature shall have enacted the same into law; provided
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1 that it shall not become initially effective until enacted
2 into law by any 3 party states incorporating the provisions
3 of this compact into the laws of such states. Amendments to
4 the compact shall become effective upon their enactment by
5 the legislatures of all compacting states.
6 ARTICLE IX. WITHDRAWAL, DEFAULT, AND TERMINATION
7 Withdrawal from this compact shall be by enactment of a
8 statute repealing the same and shall take effect one year
9 after the effective date of such statue. A withdrawing state
10 shall be liable for any obligations which it may have
11 incurred prior to the effective date of withdrawal.
12 If any compacting state shall at any time default in the
13 performance of any of its obligations, assumed or imposed, in
14 accordance with the provisions of this compact, all rights,
15 privileges, and benefits conferred by this compact or
16 agreements hereunder shall be suspended from the effective
17 date of such default as fixed by the Commission, and the
18 Commission shall stipulate the conditions and maximum time
19 for compliance under which the defaulting state may resume
20 its regular status. Unless such default shall be remedied
21 under the stipulations and within the time period set forth
22 by the Commission, this compact may be terminated with
23 respect to such defaulting state by affirmative vote of a
24 majority of the other Commission members. Any such defaulting
25 state may be reinstated, upon vote of the Commission, by
26 performing all acts and obligations as stipulated by the
27 Commission.
28 ARTICLE X. CONSTRUCTION AND SEVERABILITY
29 The provisions of this compact entered into hereunder
30 shall be severable and if any phrase, clause, sentence, or
31 provision of this compact is declared to be contrary to the
32 constitution of any compacting state or of the United States
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1 or the applicability thereof to any government, agency,
2 person, or circumstance is held invalid, the validity of the
3 remainder of this compact and the applicability thereof to
4 any government, agency, person, or circumstance shall not be
5 affected hereby. If this compact entered into hereunder shall
6 be held contrary to the constitution of any compacting state,
7 the compact shall remain in full force and effect as to the
8 remaining states and in full force and effect as to the state
9 affected as to all severable matters. The provisions of this
10 compact entered into pursuant hereto shall be liberally
11 construed to effectuate the purposes thereof.