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91_HB3032eng HB3032 Engrossed 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 HB3032 Engrossed -2- LRB9109455DHmg 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 HB3032 Engrossed -3- LRB9109455DHmg 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; and 20 (6) report on the activities of the Commission to 21 the legislatures and governor of the member states on an 22 annual basis. 23 In addition to its exercise of these duties, the 24 Commission is empowered to: 25 (1) provide multistate advocacy necessary to 26 implement passenger rail systems or plans; 27 (2) work with local elected officials, economic 28 development planning organizations, and similar entities 29 to raise the visibility of passenger rail service 30 benefits and needs; 31 (3) educate other state officials, federal 32 agencies, other elected officials, and the public on the 33 advantages of passenger rail as an integral part of an 34 intermodal transportation system in the region; HB3032 Engrossed -4- LRB9109455DHmg 1 (4) work with federal agency officials and members 2 of Congress to ensure the funding and authorization 3 necessary to develop a long-term, interstate plan for 4 high speed rail passenger service implementation; and 5 (5) establish committees. 6 ARTICLE V. OFFICERS 7 The Commission shall annually elect from among its 8 members a chair, a vice-chair who shall not be a resident of 9 the state represented by the chair, and others as approved in 10 the Commission bylaws. The officers shall perform such 11 functions and exercise such powers as are specified in the 12 Commission bylaws. 13 ARTICLE VI. MEETINGS AND COMMISSION ADMINISTRATION 14 The Commission shall meet at least once in each calendar 15 year, and at such other times as may be determined by the 16 Commission. Commission business shall be conducted in 17 accordance with the procedures and voting rights specified in 18 the bylaws. 19 ARTICLE VII. ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS 20 The States of Illinois, Indiana, Iowa, Kansas, Michigan, 21 Minnesota, Missouri, Nebraska, North Dakota, Ohio, South 22 Dakota, and Wisconsin are eligible to join this compact. 23 Upon approval of the Commission according to its bylaws, 24 other states may also be declared eligible to join the 25 compact. As to any eligible party state, this compact shall 26 become effective when its legislature shall have enacted the 27 same into law; provided that it shall not become initially 28 effective until enacted into law by any 3 party states 29 incorporating the provisions of this compact into the laws of 30 such states. Amendments to the compact shall become effective 31 upon their enactment by the legislatures of all compacting HB3032 Engrossed -5- LRB9109455DHmg 1 states. 2 ARTICLE VIII. WITHDRAWAL 3 Withdrawal from this compact shall be by enactment of a 4 statute repealing the same and shall take effect one year 5 after the effective date of such statute. A withdrawing state 6 shall be liable for any obligations which it may have 7 incurred prior to the effective date of withdrawal. 8 ARTICLE IX. CONSTRUCTION AND SEVERABILITY 9 The provisions of this compact entered into hereunder 10 shall be severable and if any phrase, clause, sentence, or 11 provision of this compact is declared to be contrary to the 12 constitution of any compacting state or of the United States 13 or the applicability thereof to any government, agency, 14 person, or circumstance is held invalid, the validity of the 15 remainder of this compact and the applicability thereof to 16 any government, agency, person, or circumstance shall not be 17 affected hereby. If this compact entered into hereunder shall 18 be held contrary to the constitution of any compacting state, 19 the compact shall remain in full force and effect as to the 20 remaining states and in full force and effect as to the state 21 affected as to all severable matters. The provisions of this 22 compact entered into pursuant hereto shall be liberally 23 construed to effectuate the purposes thereof.