Bill Text: IA SF355 | 2019-2020 | 88th 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 (Republican 1-0)
Status: (Introduced - Dead) 2019-02-26 - Subcommittee: Brown, Cournoyer, and T. Taylor. S.J. 406. [SF355 Detail]
Download: Iowa-2019-SF355-Introduced.html
Senate
File
355
-
Introduced
SENATE
FILE
355
BY
COURNOYER
(COMPANION
TO
HF
287
BY
JACOBY)
A
BILL
FOR
An
Act
relating
to
the
midwest
interstate
passenger
rail
1
compact,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
327K.1
Midwest
interstate
passenger
1
rail
compact.
2
The
midwest
interstate
passenger
rail
compact
is
enacted
3
into
law
and
entered
into
with
all
other
states
legally
joining
4
in
the
compact
in
substantially
the
following
form:
5
1.
Article
I
——
Statement
of
purpose.
The
purposes
of
this
6
compact
are,
through
joint
or
cooperative
action:
7
a.
To
promote
development
and
implementation
of
improvements
8
to
intercity
passenger
rail
service
in
the
midwest.
9
b.
To
coordinate
interaction
among
midwestern
state
elected
10
officials
and
their
designees
on
passenger
rail
issues.
11
c.
To
promote
development
and
implementation
of
long-range
12
plans
for
high-speed
rail
passenger
service
in
the
midwest
and
13
among
other
regions
of
the
United
States.
14
d.
To
work
with
the
public
and
private
sectors
at
the
15
federal,
state,
and
local
levels
to
ensure
coordination
among
16
the
various
entities
having
an
interest
in
passenger
rail
17
service
and
to
promote
midwestern
interests
regarding
passenger
18
rail.
19
e.
To
support
efforts
of
transportation
agencies
involved
20
in
developing
and
implementing
passenger
rail
service
in
the
21
midwest.
22
2.
Article
II
——
Establishment
of
commission.
To
further
the
23
purposes
of
the
compact,
a
commission
is
created
to
carry
out
24
the
duties
specified
in
this
compact.
25
3.
Article
III
——
Commission
membership.
26
a.
The
manner
of
appointment
of
commission
members,
terms
of
27
office
consistent
with
the
terms
of
this
compact,
provisions
28
for
removal
and
suspension,
and
manner
of
appointment
to
fill
29
vacancies
shall
be
determined
by
each
party
state
pursuant
to
30
its
laws,
but
each
commissioner
shall
be
a
resident
of
the
31
state
of
appointment.
Commission
members
shall
serve
without
32
compensation
from
the
commission.
33
b.
(1)
The
commission
shall
consist
of
four
resident
34
members
of
each
state
as
follows:
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(a)
The
governor
or
the
governor’s
designee
who
shall
1
serve
during
the
tenure
of
office
of
the
governor,
or
until
a
2
successor
is
named.
3
(b)
One
member
of
the
private
sector
who
shall
be
appointed
4
by
the
governor
and
shall
serve
during
the
tenure
of
office
of
5
the
governor,
or
until
a
successor
is
named.
6
(c)
Two
legislators,
one
from
each
legislative
chamber
(or
7
two
legislators
from
any
unicameral
legislature),
who
shall
8
serve
two-year
terms,
or
until
successors
are
appointed,
and
9
who
shall
be
appointed
by
the
appropriate
appointing
authority
10
in
each
legislative
chamber.
11
(2)
All
vacancies
shall
be
filled
in
accordance
with
the
12
laws
of
the
appointing
states.
A
commissioner
appointed
to
13
fill
a
vacancy
shall
serve
until
the
end
of
the
incomplete
14
term.
Each
member
state
shall
have
equal
voting
privileges,
as
15
determined
by
the
commission
bylaws.
16
4.
Article
IV
——
Powers
and
duties
of
the
commission.
17
a.
The
duties
of
the
commission
are
to:
18
(1)
Advocate
for
the
funding
and
authorization
necessary
to
19
make
passenger
rail
improvements
a
reality
for
the
region.
20
(2)
Identify
and
seek
to
develop
ways
that
states
can
21
form
partnerships,
including
with
rail
industry
and
labor,
to
22
implement
improved
passenger
rail
service
in
the
region.
23
(3)
Seek
development
of
a
long-term,
interstate
plan
for
24
high-speed
rail
passenger
service
implementation.
25
(4)
Cooperate
with
other
agencies,
regions,
and
entities
26
to
ensure
that
the
midwest
is
adequately
represented
and
27
integrated
into
national
plans
for
passenger
rail
development.
28
(5)
Adopt
bylaws
governing
the
activities
and
procedures
29
of
the
commission
and
addressing,
among
other
subjects:
the
30
powers
and
duties
of
officers;
and
the
voting
rights
of
31
commission
members,
voting
procedures,
commission
business,
32
and
any
other
purposes
necessary
to
fulfill
the
duties
of
the
33
commission.
34
(6)
Expend
such
funds
as
required
to
carry
out
the
powers
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and
duties
of
the
commission.
1
(7)
Report
on
the
activities
of
the
commission
to
the
2
legislatures
and
governors
of
the
member
states
on
an
annual
3
basis.
4
b.
In
addition
to
its
exercise
of
these
duties,
the
5
commission
may:
6
(1)
Provide
multistate
advocacy
necessary
to
implement
7
passenger
rail
systems
or
plans,
as
approved
by
the
commission.
8
(2)
Work
with
local
elected
officials,
economic
development
9
planning
organizations,
and
similar
entities
to
raise
the
10
visibility
of
passenger
rail
service
benefits
and
needs.
11
(3)
Educate
other
state
officials,
federal
agencies,
12
other
elected
officials,
and
the
public
on
the
advantages
13
of
passenger
rail
as
an
integral
part
of
an
intermodal
14
transportation
system
in
the
region.
15
(4)
Work
with
federal
agency
officials
and
members
of
16
Congress
to
ensure
the
funding
and
authorization
necessary
17
to
develop
a
long-term,
interstate
plan
for
high-speed
rail
18
passenger
service
implementation.
19
(5)
Make
recommendations
to
member
states.
20
(6)
If
requested
by
each
state
participating
in
a
particular
21
project
and
under
the
terms
of
a
formal
agreement
approved
22
by
the
participating
states
and
the
commission,
implement
or
23
provide
oversight
for
specific
rail
projects.
24
(7)
Establish
an
office
and
hire
staff
as
necessary.
25
(8)
Contract
for
or
provide
services.
26
(9)
Assess
dues,
in
accordance
with
the
terms
of
this
27
compact.
28
(10)
Conduct
research.
29
(11)
Establish
committees.
30
5.
Article
V
——
Officers.
The
commission
shall
annually
31
elect
from
among
its
members
a
chair,
a
vice
chair
who
shall
32
not
be
a
resident
of
the
state
represented
by
the
chair,
and
33
others
as
approved
in
the
commission
bylaws.
The
officers
34
shall
perform
such
functions
and
exercise
such
powers
as
are
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specified
in
the
commission
bylaws.
1
6.
Article
VI
——
Meetings
and
commission
administration.
The
2
commission
shall
meet
at
least
once
in
each
calendar
year
and
3
at
such
other
times
as
may
be
determined
by
the
commission.
4
Commission
business
shall
be
conducted
in
accordance
with
the
5
procedures
and
voting
rights
specified
in
the
bylaws.
6
7.
Article
VII
——
Finance.
7
a.
Except
as
otherwise
provided,
the
moneys
necessary
to
8
finance
the
general
operations
of
the
commission
in
carrying
9
forth
its
duties,
responsibilities,
and
powers
as
stated
10
in
this
compact
shall
be
appropriated
to
the
commission
by
11
the
compacting
states,
when
authorized
by
the
respective
12
legislatures,
by
equal
apportionment
among
the
compacting
13
states.
Nothing
in
this
compact
shall
be
construed
to
commit
a
14
member
state
to
participate
in
financing
a
rail
project
except
15
as
provided
by
law
of
a
member
state.
16
b.
The
commission
may
accept,
for
any
of
its
purposes
17
and
functions,
donations,
gifts,
grants,
and
appropriations
18
of
money,
equipment,
supplies,
materials,
and
services
from
19
the
federal
government,
from
any
party
state
or
from
any
20
department,
agency,
or
municipality
thereof,
or
from
any
21
institution,
person,
firm,
or
corporation.
All
expenses
22
incurred
by
the
commission
in
executing
the
duties
imposed
23
upon
it
by
this
compact
shall
be
paid
by
the
commission
out
of
24
the
funds
available
to
it.
The
commission
shall
not
issue
any
25
debt
instrument.
The
commission
shall
submit
to
the
officer
26
designated
by
the
laws
of
each
party
state,
periodically
as
27
required
by
the
laws
of
each
party
state,
a
budget
containing
28
its
actual
past
and
estimated
future
expenditures.
29
8.
Article
VIII
——
Enactment,
effective
date,
and
30
amendments.
The
states
of
Illinois,
Indiana,
Iowa,
Kansas,
31
Michigan,
Minnesota,
Missouri,
Nebraska,
North
Dakota,
Ohio,
32
South
Dakota,
and
Wisconsin
are
eligible
to
join
this
compact.
33
Upon
approval
of
the
commission,
according
to
its
bylaws,
other
34
states
may
also
be
declared
eligible
to
join
the
compact.
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As
to
any
eligible
party
state,
this
compact
shall
become
1
effective
when
its
legislature
shall
have
enacted
the
compact
2
into
law;
provided
that
the
compact
shall
not
become
initially
3
effective
until
enacted
into
law
by
any
three
party
states
4
incorporating
the
provisions
of
this
compact
into
the
laws
of
5
the
states.
Amendments
to
the
compact
shall
become
effective
6
upon
their
enactment
by
the
legislatures
of
all
compacting
7
states.
8
9.
Article
IX
——
Withdrawal,
default,
and
termination.
9
a.
Withdrawal
from
this
compact
shall
be
by
enactment
of
a
10
statute
repealing
the
compact
and
shall
take
effect
one
year
11
after
the
effective
date
of
the
statute.
A
withdrawing
state
12
shall
be
liable
for
any
obligations
which
it
may
have
incurred
13
prior
to
the
effective
date
of
withdrawal.
14
b.
If
any
compacting
state
defaults
in
the
performance
15
of
any
of
its
obligations,
assumed
or
imposed,
in
accordance
16
with
this
compact,
all
rights,
privileges,
and
benefits
17
conferred
by
this
compact
or
agreements
under
this
compact
18
shall
be
suspended
from
the
effective
date
of
the
default
as
19
fixed
by
the
commission,
and
the
commission
shall
stipulate
20
the
conditions
and
maximum
time
for
compliance
under
which
21
the
defaulting
state
may
resume
its
regular
status.
Unless
22
the
default
is
remedied
under
the
stipulations
and
within
23
the
time
period
set
forth
by
the
commission,
this
compact
24
may
be
terminated
with
respect
to
the
defaulting
state
by
25
affirmative
vote
of
a
majority
of
the
other
commission
members.
26
Any
such
defaulting
state
may
be
reinstated,
upon
vote
of
27
the
commission,
by
performing
all
acts
and
obligations
as
28
stipulated
by
the
commission.
29
10.
Article
X
——
Construction
and
severability.
The
30
provisions
of
this
compact
shall
be
severable
and
if
any
31
phrase,
clause,
sentence,
or
provision
of
this
compact
is
32
declared
to
be
contrary
to
the
constitution
of
any
compacting
33
state
or
of
the
United
States,
or
the
applicability
thereof
34
to
any
government,
agency,
person,
or
circumstance
is
held
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invalid,
the
validity
of
the
remainder
of
this
compact
and
1
the
applicability
thereof
to
any
government,
agency,
person,
2
or
circumstance
shall
not
be
affected
by
the
declaration
3
or
holding.
If
this
compact
is
held
to
be
contrary
to
the
4
constitution
of
any
compacting
state,
the
compact
shall
remain
5
in
full
force
and
effect
as
to
the
remaining
states
and
in
6
full
force
and
effect
as
to
the
state
affected
as
to
all
7
severable
matters.
This
compact
shall
be
liberally
construed
8
to
effectuate
the
purposes
of
the
compact.
9
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
10
immediate
importance,
takes
effect
upon
enactment.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
provides
that
the
midwest
interstate
passenger
15
rail
compact
is
entered
into
and
enacted
into
law
together
16
with
several
other
midwestern
states
if
those
states
join
the
17
compact
in
substantially
the
same
form.
18
The
bill
provides
that
the
purposes
of
the
compact
are
19
to
promote
development
and
implementation
of
improvements
to
20
intercity
passenger
rail
service
in
the
midwest,
to
coordinate
21
interaction
among
midwestern
state
officials
on
passenger
22
rail
issues,
to
promote
development
and
implementation
of
23
plans
for
high-speed
rail
passenger
service
in
the
midwest
24
and
other
regions,
to
work
with
public
and
private
sectors
25
at
all
levels
to
ensure
coordination
among
entities
with
an
26
interest
in
passenger
rail
service
and
to
promote
midwestern
27
interests
regarding
such
service,
and
to
support
efforts
of
28
transportation
agencies
involved
in
developing
and
implementing
29
passenger
rail
service
in
the
midwest.
30
The
bill
provides
that
a
commission
shall
be
established
to
31
further
the
purposes
of
and
to
carry
out
the
duties
specified
32
in
the
compact.
Each
state
joining
the
compact
is
to
be
33
represented
by
four
commission
members:
the
governor
of
the
34
state
or
the
governor’s
designee,
serving
during
the
tenure
of
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the
governor
or
until
a
successor
is
named;
a
member
of
the
1
private
sector
appointed
by
the
governor,
serving
during
the
2
tenure
of
the
governor
or
until
a
successor
is
named;
and
two
3
legislators,
one
from
each
legislative
chamber,
appointed
by
4
the
appropriate
appointing
authority
in
each
chamber,
serving
5
two-year
terms
or
until
successors
are
appointed.
6
The
bill
provides
a
list
of
powers
and
duties
the
commission
7
shall
have
related
to
the
compact
and
provides
for
the
8
administration
and
financing
of
the
general
operations
of
the
9
commission.
The
bill
also
includes
provisions
relating
to
10
withdrawal,
default,
and
termination
of
the
compact.
11
The
bill
becomes
effective
upon
enactment.
The
compact,
12
having
already
been
enacted
into
law
and
entered
into
by
nine
13
states,
would
apply
in
Iowa
effective
upon
enactment
of
the
14
bill.
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