State of Illinois
91st General Assembly
Legislation

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91_HB3032eng

 
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 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; 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;
 
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 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
 
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 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.

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