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91_HB3032ham001 LRB9109455DHmbam01 1 AMENDMENT TO HOUSE BILL 3032 2 AMENDMENT NO. . Amend House Bill 3032 by replacing 3 everything after the enacting clause with the following: 4 "Section 0.01. Short title. This Act may be cited as 5 the Midwest Interstate Passenger Rail Compact Act. 6 Section 1. Midwest Interstate Passenger Rail Compact. 7 The Midwest Interstate Passenger Rail Compact is hereby 8 enacted into law and entered into by this State as a party 9 with any other state or states legally joining therein in the 10 form substantially as follows: 11 ARTICLE I. STATEMENT OF PURPOSE 12 The purposes of this compact are, through joint or 13 cooperative action: 14 (A) to promote the development and implementation 15 of improvements to intercity passenger rail service in 16 the Midwest; 17 (B) to coordinate interaction among Midwestern 18 state elected officials and their designees on passenger 19 rail issues; 20 (C) to promote development and implementation of 21 long-range plans for high speed rail passenger service in -2- LRB9109455DHmbam01 1 the Midwest and among other regions of the United States; 2 (D) to work with the public and private sectors at 3 the federal, State, and local levels to ensure 4 coordination among the various entities having an 5 interest in passenger rail service and to promote 6 Midwestern interests regarding passenger rail; and 7 (E) to support efforts of transportation agencies 8 involved in developing and implementing passenger service 9 in the Midwest. 10 ARTICLE II. ESTABLISHMENT OF COMMISSION 11 To further the purposes of the compact, a Commission is 12 created to carry out the duties specified in this compact. 13 ARTICLE III. COMMISSION MEMBERSHIP 14 The manner of appointment of Commission members, terms of 15 office consistent with the terms of this compact, provisions 16 for removal and suspension, and manner of appointment to fill 17 vacancies shall be determined by each party state pursuant to 18 its laws, but each Commissioner shall be a resident of the 19 state of appointment. Commission members shall serve without 20 compensation from the Commission. 21 The Commission shall consist of 4 resident members of 22 each state as follows: the Governor or the Governor's 23 designee who shall serve during the tenure of office of the 24 Governor, or until a successor is named; one member of the 25 private sector who shall be appointed by the Governor and 26 shall serve during the tenure of office of the Governor, or 27 until a successor is named; and 2 legislators, one from each 28 legislative chamber (or 2 legislators from any unicameral 29 legislature), who shall serve two-year terms, or until 30 successors are appointed, and who shall be appointed by the 31 appropriate appointing authority in each legislative chamber. 32 All vacancies shall be filled in accordance with the laws of -3- LRB9109455DHmbam01 1 the appointing states. Any Commissioner appointed to fill a 2 vacancy shall serve until the end of the incomplete term. 3 Each member state shall have equal voting privileges, as 4 determined by Commission bylaws. 5 ARTICLE IV. POWERS AND DUTIES OF THE COMMISSION 6 The duties of the Commission are to: 7 (1) advocate for the funding and authorization 8 necessary to make passenger rail improvements a reality 9 for the region; 10 (2) identify and seek to develop ways that states 11 can form partnerships, including with rail industry and 12 labor, to implement improved passenger rail in the 13 region; 14 (3) seek development of a long-term, interstate 15 plan for high speed rail passenger service 16 implementation; 17 (4) cooperate with other agencies, regions, and 18 entities to ensure that the Midwest is adequately 19 represented and integrated into national plans for 20 passenger rail development; 21 (5) adopt bylaws governing the activities and 22 procedures of the Commission and addressing, among other 23 subjects: the powers and duties of officers; the voting 24 rights of Commission members, voting procedures, 25 Commission business, and any other purposes necessary to 26 fulfill the duties of the Commission; and 27 (6) report on the activities of the Commission to 28 the legislatures and governor of the member states on an 29 annual basis. 30 In addition to its exercise of these duties, the 31 Commission is empowered to: 32 (1) provide multistate advocacy necessary to 33 implement passenger rail systems or plans; -4- LRB9109455DHmbam01 1 (2) work with local elected officials, economic 2 development planning organizations, and similar entities 3 to raise the visibility of passenger rail service 4 benefits and needs; 5 (3) educate other state officials, federal 6 agencies, other elected officials, and the public on the 7 advantages of passenger rail as an integral part of an 8 intermodal transportation system in the region; 9 (4) work with federal agency officials and members 10 of Congress to ensure the funding and authorization 11 necessary to develop a long-term, interstate plan for 12 high speed rail passenger service implementation; and 13 (5) establish committees. 14 ARTICLE V. OFFICERS 15 The Commission shall annually elect from among its 16 members a chair, a vice-chair who shall not be a resident of 17 the state represented by the chair, and others as approved in 18 the Commission bylaws. The officers shall perform such 19 functions and exercise such powers as are specified in the 20 Commission bylaws. 21 ARTICLE VI. MEETINGS AND COMMISSION ADMINISTRATION 22 The Commission shall meet at least once in each calendar 23 year, and at such other times as may be determined by the 24 Commission. Commission business shall be conducted in 25 accordance with the procedures and voting rights specified in 26 the bylaws. 27 ARTICLE VII. ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS 28 The States of Illinois, Indiana, Iowa, Kansas, Michigan, 29 Minnesota, Missouri, Nebraska, North Dakota, Ohio, South 30 Dakota, and Wisconsin are eligible to join this compact. 31 Upon approval of the Commission according to its bylaws, -5- LRB9109455DHmbam01 1 other states may also be declared eligible to join the 2 compact. As to any eligible party state, this compact shall 3 become effective when its legislature shall have enacted the 4 same into law; provided that it shall not become initially 5 effective until enacted into law by any 3 party states 6 incorporating the provisions of this compact into the laws of 7 such states. Amendments to the compact shall become effective 8 upon their enactment by the legislatures of all compacting 9 states. 10 ARTICLE VIII. WITHDRAWAL 11 Withdrawal from this compact shall be by enactment of a 12 statute repealing the same and shall take effect one year 13 after the effective date of such statue. A withdrawing state 14 shall be liable for any obligations which it may have 15 incurred prior to the effective date of withdrawal. 16 ARTICLE IX. CONSTRUCTION AND SEVERABILITY 17 The provisions of this compact entered into hereunder 18 shall be severable and if any phrase, clause, sentence, or 19 provision of this compact is declared to be contrary to the 20 constitution of any compacting state or of the United States 21 or the applicability thereof to any government, agency, 22 person, or circumstance is held invalid, the validity of the 23 remainder of this compact and the applicability thereof to 24 any government, agency, person, or circumstance shall not be 25 affected hereby. If this compact entered into hereunder shall 26 be held contrary to the constitution of any compacting state, 27 the compact shall remain in full force and effect as to the 28 remaining states and in full force and effect as to the state 29 affected as to all severable matters. The provisions of this 30 compact entered into pursuant hereto shall be liberally 31 construed to effectuate the purposes thereof.".