Bill Text: IA HF2096 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the midwest interstate passenger rail compact, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-23 - Introduced, referred to Transportation. H.J. 139. [HF2096 Detail]
Download: Iowa-2017-HF2096-Introduced.html
House File 2096 - Introduced HOUSE FILE BY JACOBY A BILL FOR 1 An Act relating to the midwest interstate passenger rail 2 compact, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5763YH (3) 87 ns/lh PAG LIN 1 1 Section 1. NEW SECTION. 327K.1 Midwest interstate passenger 1 2 rail compact. 1 3 The midwest interstate passenger rail compact is enacted 1 4 into law and entered into with all other states legally joining 1 5 in the compact in substantially the following form: 1 6 1. Article I ==== Statement of purpose. The purposes of this 1 7 compact are, through joint or cooperative action: 1 8 a. To promote development and implementation of improvements 1 9 to intercity passenger rail service in the midwest. 1 10 b. To coordinate interaction among midwestern state elected 1 11 officials and their designees on passenger rail issues. 1 12 c. To promote development and implementation of long=range 1 13 plans for high=speed rail passenger service in the midwest and 1 14 among other regions of the United States. 1 15 d. To work with the public and private sectors at the 1 16 federal, state, and local levels to ensure coordination among 1 17 the various entities having an interest in passenger rail 1 18 service and to promote midwestern interests regarding passenger 1 19 rail. 1 20 e. To support efforts of transportation agencies involved 1 21 in developing and implementing passenger rail service in the 1 22 midwest. 1 23 2. Article II ==== Establishment of commission. To further the 1 24 purposes of the compact, a commission is created to carry out 1 25 the duties specified in this compact. 1 26 3. Article III ==== Commission membership. 1 27 a. The manner of appointment of commission members, terms of 1 28 office consistent with the terms of this compact, provisions 1 29 for removal and suspension, and manner of appointment to fill 1 30 vacancies shall be determined by each party state pursuant to 1 31 its laws, but each commissioner shall be a resident of the 1 32 state of appointment. Commission members shall serve without 1 33 compensation from the commission. 1 34 b. (1) The commission shall consist of four resident 1 35 members of each state as follows: 2 1 (a) The governor or the governor's designee who shall 2 2 serve during the tenure of office of the governor, or until a 2 3 successor is named. 2 4 (b) One member of the private sector who shall be appointed 2 5 by the governor and shall serve during the tenure of office of 2 6 the governor, or until a successor is named. 2 7 (c) Two legislators, one from each legislative chamber (or 2 8 two legislators from any unicameral legislature), who shall 2 9 serve two=year terms, or until successors are appointed, and 2 10 who shall be appointed by the appropriate appointing authority 2 11 in each legislative chamber. 2 12 (2) All vacancies shall be filled in accordance with the 2 13 laws of the appointing states. A commissioner appointed to 2 14 fill a vacancy shall serve until the end of the incomplete 2 15 term. Each member state shall have equal voting privileges, as 2 16 determined by the commission bylaws. 2 17 4. Article IV ==== Powers and duties of the commission. 2 18 a. The duties of the commission are to: 2 19 (1) Advocate for the funding and authorization necessary to 2 20 make passenger rail improvements a reality for the region. 2 21 (2) Identify and seek to develop ways that states can 2 22 form partnerships, including with rail industry and labor, to 2 23 implement improved passenger rail service in the region. 2 24 (3) Seek development of a long=term, interstate plan for 2 25 high=speed rail passenger service implementation. 2 26 (4) Cooperate with other agencies, regions, and entities 2 27 to ensure that the midwest is adequately represented and 2 28 integrated into national plans for passenger rail development. 2 29 (5) Adopt bylaws governing the activities and procedures 2 30 of the commission and addressing, among other subjects: the 2 31 powers and duties of officers; and the voting rights of 2 32 commission members, voting procedures, commission business, 2 33 and any other purposes necessary to fulfill the duties of the 2 34 commission. 2 35 (6) Expend such funds as required to carry out the powers 3 1 and duties of the commission. 3 2 (7) Report on the activities of the commission to the 3 3 legislatures and governors of the member states on an annual 3 4 basis. 3 5 b. In addition to its exercise of these duties, the 3 6 commission may: 3 7 (1) Provide multistate advocacy necessary to implement 3 8 passenger rail systems or plans, as approved by the commission. 3 9 (2) Work with local elected officials, economic development 3 10 planning organizations, and similar entities to raise the 3 11 visibility of passenger rail service benefits and needs. 3 12 (3) Educate other state officials, federal agencies, 3 13 other elected officials, and the public on the advantages 3 14 of passenger rail as an integral part of an intermodal 3 15 transportation system in the region. 3 16 (4) Work with federal agency officials and members of 3 17 Congress to ensure the funding and authorization necessary 3 18 to develop a long=term, interstate plan for high=speed rail 3 19 passenger service implementation. 3 20 (5) Make recommendations to member states. 3 21 (6) If requested by each state participating in a particular 3 22 project and under the terms of a formal agreement approved 3 23 by the participating states and the commission, implement or 3 24 provide oversight for specific rail projects. 3 25 (7) Establish an office and hire staff as necessary. 3 26 (8) Contract for or provide services. 3 27 (9) Assess dues, in accordance with the terms of this 3 28 compact. 3 29 (10) Conduct research. 3 30 (11) Establish committees. 3 31 5. Article V ==== Officers. The commission shall annually 3 32 elect from among its members a chair, a vice chair who shall 3 33 not be a resident of the state represented by the chair, and 3 34 others as approved in the commission bylaws. The officers 3 35 shall perform such functions and exercise such powers as are 4 1 specified in the commission bylaws. 4 2 6. Article VI ==== Meetings and commission administration. The 4 3 commission shall meet at least once in each calendar year and 4 4 at such other times as may be determined by the commission. 4 5 Commission business shall be conducted in accordance with the 4 6 procedures and voting rights specified in the bylaws. 4 7 7. Article VII ==== Finance. 4 8 a. Except as otherwise provided, the moneys necessary to 4 9 finance the general operations of the commission in carrying 4 10 forth its duties, responsibilities, and powers as stated 4 11 in this compact shall be appropriated to the commission by 4 12 the compacting states, when authorized by the respective 4 13 legislatures, by equal apportionment among the compacting 4 14 states. Nothing in this compact shall be construed to commit a 4 15 member state to participate in financing a rail project except 4 16 as provided by law of a member state. 4 17 b. The commission may accept, for any of its purposes 4 18 and functions, donations, gifts, grants, and appropriations 4 19 of money, equipment, supplies, materials, and services from 4 20 the federal government, from any party state or from any 4 21 department, agency, or municipality thereof, or from any 4 22 institution, person, firm, or corporation. All expenses 4 23 incurred by the commission in executing the duties imposed 4 24 upon it by this compact shall be paid by the commission out of 4 25 the funds available to it. The commission shall not issue any 4 26 debt instrument. The commission shall submit to the officer 4 27 designated by the laws of each party state, periodically as 4 28 required by the laws of each party state, a budget containing 4 29 its actual past and estimated future expenditures. 4 30 8. Article VIII ==== Enactment, effective date, and 4 31 amendments. The states of Illinois, Indiana, Iowa, Kansas, 4 32 Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, 4 33 South Dakota, and Wisconsin are eligible to join this compact. 4 34 Upon approval of the commission, according to its bylaws, other 4 35 states may also be declared eligible to join the compact. 5 1 As to any eligible party state, this compact shall become 5 2 effective when its legislature shall have enacted the compact 5 3 into law; provided that the compact shall not become initially 5 4 effective until enacted into law by any three party states 5 5 incorporating the provisions of this compact into the laws of 5 6 the states. Amendments to the compact shall become effective 5 7 upon their enactment by the legislatures of all compacting 5 8 states. 5 9 9. Article IX ==== Withdrawal, default, and termination. 5 10 a. Withdrawal from this compact shall be by enactment of a 5 11 statute repealing the compact and shall take effect one year 5 12 after the effective date of the statute. A withdrawing state 5 13 shall be liable for any obligations which it may have incurred 5 14 prior to the effective date of withdrawal. 5 15 b. If any compacting state defaults in the performance 5 16 of any of its obligations, assumed or imposed, in accordance 5 17 with this compact, all rights, privileges, and benefits 5 18 conferred by this compact or agreements under this compact 5 19 shall be suspended from the effective date of the default as 5 20 fixed by the commission, and the commission shall stipulate 5 21 the conditions and maximum time for compliance under which 5 22 the defaulting state may resume its regular status. Unless 5 23 the default is remedied under the stipulations and within 5 24 the time period set forth by the commission, this compact 5 25 may be terminated with respect to the defaulting state by 5 26 affirmative vote of a majority of the other commission members. 5 27 Any such defaulting state may be reinstated, upon vote of 5 28 the commission, by performing all acts and obligations as 5 29 stipulated by the commission. 5 30 10. Article X ==== Construction and severability. The 5 31 provisions of this compact shall be severable and if any 5 32 phrase, clause, sentence, or provision of this compact is 5 33 declared to be contrary to the constitution of any compacting 5 34 state or of the United States, or the applicability thereof 5 35 to any government, agency, person, or circumstance is held 6 1 invalid, the validity of the remainder of this compact and 6 2 the applicability thereof to any government, agency, person, 6 3 or circumstance shall not be affected by the declaration 6 4 or holding. If this compact is held to be contrary to the 6 5 constitution of any compacting state, the compact shall remain 6 6 in full force and effect as to the remaining states and in 6 7 full force and effect as to the state affected as to all 6 8 severable matters. This compact shall be liberally construed 6 9 to effectuate the purposes of the compact. 6 10 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 6 11 immediate importance, takes effect upon enactment. 6 12 EXPLANATION 6 13 The inclusion of this explanation does not constitute agreement with 6 14 the explanation's substance by the members of the general assembly. 6 15 This bill provides that the midwest interstate passenger 6 16 rail compact is entered into and enacted into law together 6 17 with several other midwestern states if those states join the 6 18 compact in substantially the same form. 6 19 The bill provides that the purposes of the compact are 6 20 to promote development and implementation of improvements to 6 21 intercity passenger rail service in the midwest, to coordinate 6 22 interaction among midwestern state officials on passenger 6 23 rail issues, to promote development and implementation of 6 24 plans for high=speed rail passenger service in the midwest 6 25 and other regions, to work with public and private sectors 6 26 at all levels to ensure coordination among entities with an 6 27 interest in passenger rail service and to promote midwestern 6 28 interests regarding such service, and to support efforts of 6 29 transportation agencies involved in developing and implementing 6 30 passenger rail service in the midwest. 6 31 The bill provides that a commission shall be established to 6 32 further the purposes of and to carry out the duties specified 6 33 in the compact. Each state joining the compact is to be 6 34 represented by four commission members: the governor of the 6 35 state or the governor's designee, serving during the tenure of 7 1 the governor or until a successor is named; a member of the 7 2 private sector appointed by the governor, serving during the 7 3 tenure of the governor or until a successor is named; and two 7 4 legislators, one from each legislative chamber, appointed by 7 5 the appropriate appointing authority in each chamber, serving 7 6 two=year terms or until successors are appointed. 7 7 The bill provides a list of powers and duties the commission 7 8 shall have related to the compact and provides for the 7 9 administration and financing of the general operations of 7 10 the commission. The bill also includes provisions relating 7 11 to withdrawal, default, and termination of the compact and 7 12 includes language providing for severability of the compact's 7 13 provisions in the event that a provision is found to be invalid 7 14 or unconstitutional. 7 15 The bill becomes effective upon enactment. The compact, 7 16 having already been enacted into law and entered into by nine 7 17 states, would apply in Iowa effective upon enactment of this 7 18 bill.
