Full Text of HB4344 94th General Assembly
HB4344enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title and statement of agreement. This Act | 5 |
| may be cited as the Midwest Interstate Passenger Rail Compact | 6 |
| Act. This State and the other states contracting under this | 7 |
| compact solemnly agree to the terms of this compact. | 8 |
| Section 5. Statement of purpose. The purposes of this | 9 |
| compact are, through joint or cooperative action: | 10 |
| (1) to promote development and implementation of | 11 |
| improvements to intercity passenger rail service in the | 12 |
| Midwest; | 13 |
| (2) to coordinate interaction among Midwestern state | 14 |
| elected officials and their designees on passenger rail | 15 |
| issues; | 16 |
| (3) to promote development and implementation of | 17 |
| long-range plans for high speed rail passenger service in | 18 |
| the Midwest and among other regions of the United States; | 19 |
| (4) to work with the public and private sectors at the | 20 |
| federal, state, and local
levels to ensure coordination | 21 |
| among the various entities having an interest in passenger | 22 |
| rail service and to promote Midwestern interests regarding
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| passenger rail; and
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| (5) to support efforts of transportation agencies | 25 |
| involved in developing and implementing passenger rail | 26 |
| service in the Midwest. | 27 |
| Section 10. Establishment of Commission. To further the | 28 |
| purposes of the compact, a Commission is created to carry out | 29 |
| the duties specified in this compact. | 30 |
| Section 15. Commission membership. |
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| (a) The manner of appointment of Commission members, terms | 2 |
| of office consistent with the terms of this compact, provisions | 3 |
| for removal and suspension, and manner of appointment to fill | 4 |
| vacancies shall be determined by each party state pursuant to | 5 |
| its laws, but each commissioner shall be a resident of the | 6 |
| state of appointment. Commission members shall serve without | 7 |
| compensation from the Commission. | 8 |
| (b) The Commission shall consist of 4 resident members of | 9 |
| each state as follows: | 10 |
| (1) the Governor or the Governor's designee, who shall | 11 |
| serve during the tenure of office of the Governor, or until | 12 |
| a successor is named; | 13 |
| (2) one member of the private sector, who shall be | 14 |
| appointed by the Governor and shall serve during the tenure | 15 |
| of office of the Governor or until a successor is named; | 16 |
| (3) one member of the House of Representatives, | 17 |
| appointed by the Speaker of the House; and | 18 |
| (4) one member of the Senate, appointed by the | 19 |
| President of the Senate. | 20 |
| (c) All vacancies shall be filled in accordance with the | 21 |
| laws of the appointing states. Any commissioner appointed to | 22 |
| fill a vacancy shall serve until the end of the incomplete | 23 |
| term. Each member state shall have equal voting privileges, as | 24 |
| determined by the Commission bylaws. | 25 |
| Section 20. Powers and duties of the Commission. | 26 |
| (a) The duties of the Commission are to: | 27 |
| (1) advocate for the funding and authorization | 28 |
| necessary to make passenger rail improvements a reality for | 29 |
| the region; | 30 |
| (2) identify and seek to develop ways that states can | 31 |
| form partnerships, including with rail industry and labor, | 32 |
| to implement improved passenger rail in the region; | 33 |
| (3) seek development of a long-term, interstate plan | 34 |
| for high speed rail passenger service implementation; | 35 |
| (4) cooperate with other agencies, regions, and |
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| entities to ensure that the Midwest is adequately | 2 |
| represented and integrated into national plans for | 3 |
| passenger rail development; | 4 |
| (5) adopt bylaws governing the activities and | 5 |
| procedures of the Commission and addressing, among other | 6 |
| subjects: the powers and duties of officers, the voting | 7 |
| rights of Commission members, voting procedures, | 8 |
| Commission business, and any other purposes necessary to | 9 |
| fulfill the duties of the Commission; | 10 |
| (6) expend such funds as required to carry out the | 11 |
| powers and duties of the Commission; and | 12 |
| (7) report on the activities of the Commission to the | 13 |
| legislatures and governor of the member states on an annual | 14 |
| basis. | 15 |
| (b) In addition to its exercise of these duties, the | 16 |
| Commission is empowered to: | 17 |
| (1) provide multi-state advocacy necessary to | 18 |
| implement passenger rail systems or plans, as approved by | 19 |
| the Commission; | 20 |
| (2) work with local elected officials, economic | 21 |
| development planning organizations, and similar entities | 22 |
| to raise the visibility of passenger rail service benefits | 23 |
| and needs; | 24 |
| (3) educate other state officials, federal agencies, | 25 |
| other elected officials, and the public on the advantages | 26 |
| of passenger rail as an integral part of an intermodal | 27 |
| transportation system in the region; | 28 |
| (4) work with federal agency officials and Members of | 29 |
| Congress to
ensure the funding and authorization necessary | 30 |
| to develop a long-term, interstate plan for high speed rail | 31 |
| passenger service implementation;
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| (5) make recommendations to member states; | 33 |
| (6) if requested by each state participating in a | 34 |
| particular project and under the terms of a formal | 35 |
| agreement approved by the participating states and the | 36 |
| Commission, implement or provide oversight for specific |
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| rail projects; | 2 |
| (7) establish an office and hire staff as necessary; | 3 |
| (8) contract for or provide services; | 4 |
| (9) assess dues, in accordance with the terms of this | 5 |
| compact; | 6 |
| (10) conduct research; and | 7 |
| (11)
establish committees.
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| Section 25. Officers. | 9 |
| (a) The Commission shall annually elect from among its | 10 |
| members: | 11 |
| (1) a chair; | 12 |
| (2) a vice-chair, who may not be a resident of the | 13 |
| state represented by the chair; and | 14 |
| (3) others as approved in the Commission bylaws. | 15 |
| (b) The officers shall perform such functions and exercise | 16 |
| such powers as specified in the Commission bylaws. | 17 |
| Section 30. Meetings and Commission administration. The | 18 |
| Commission shall meet at least once in each calendar year, and | 19 |
| at such other times as may be determined by the Commission. | 20 |
| Commission business shall be conducted in accordance with the | 21 |
| procedures and voting rights specified in the bylaws. | 22 |
| Section 35. Finance. | 23 |
| (a) Except as otherwise provided for, the moneys necessary | 24 |
| to finance the general operations of the Commission in carrying | 25 |
| forth its duties, responsibilities, and powers as stated in | 26 |
| this Compact shall be appropriated to the Commission by the | 27 |
| compacting states, when authorized by the respective | 28 |
| legislatures, by equal apportionment among the compacting | 29 |
| states. Nothing in this compact shall be construed to commit a | 30 |
| member state to participate in financing a rail project except | 31 |
| as provided by law of a member state. | 32 |
| (b) The Commission may accept, for any of its purposes and | 33 |
| functions, donations, gifts, grants, and appropriations of |
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| money, equipment, supplies, materials, and services from the | 2 |
| federal government, from any party state, or from any | 3 |
| department, agency, or municipality of any party state, or from | 4 |
| any institution, person, firm, or corporation. | 5 |
| (c) All expenses incurred by the Commission in executing | 6 |
| the duties imposed upon it by this compact shall be paid by the | 7 |
| Commission out of the funds available to it. The Commission | 8 |
| shall not issue any debt instrument. | 9 |
| (d) The Commission shall submit to the officer designated | 10 |
| by the laws of each party state, periodically as required by | 11 |
| the laws of each party state, a budget of its actual past and | 12 |
| estimated future expenditures. | 13 |
| Section 40. Enactment; effective date; amendments. | 14 |
| (a) The states of Illinois, Indiana, Iowa, Kansas, | 15 |
| Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, | 16 |
| South Dakota, and Wisconsin are eligible to join this compact. | 17 |
| Upon approval of the Commission, according to its bylaws, other | 18 |
| states may also be declared eligible to join the compact. | 19 |
| (b) As to any eligible party state, except as provided in | 20 |
| subsection (c), this compact shall become effective when its | 21 |
| legislature shall have enacted the compact into law. | 22 |
| (c) This compact shall not become initially effective until | 23 |
| enacted into law by any 3 party states incorporating the | 24 |
| provisions of this compact into the laws of those states. | 25 |
| Amendments to the compact shall become effective upon their | 26 |
| enactment by the legislatures of all compacting states. | 27 |
| Section 45. Withdrawal; default; termination. | 28 |
| (a) Withdrawal from this compact shall be by enactment of a | 29 |
| statute repealing the compact and shall take effect one year | 30 |
| after the effective date of that statute. A withdrawing state | 31 |
| shall be liable for any obligations which it may have incurred | 32 |
| prior to the effective date of withdrawal. | 33 |
| (b) If any compacting state shall at any time default in | 34 |
| the performance of any of its obligations, assumed or imposed, |
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| in accordance with the provisions of this compact, all rights, | 2 |
| privileges, and benefits conferred by this compact or | 3 |
| agreements under this compact shall be suspended from the | 4 |
| effective date of default as fixed by the Commission, and the | 5 |
| Commission shall stipulate the conditions and maximum time for | 6 |
| compliance under which the defaulting state may resume its | 7 |
| regular status. Unless the default shall be remedied under the | 8 |
| stipulations and within the time period set forth by the | 9 |
| Commission, this compact may be terminated with respect to the | 10 |
| defaulting state by affirmative vote of a majority of the other | 11 |
| Commission members. Any defaulting state may be reinstated, | 12 |
| upon vote of the Commission, by performing all acts and | 13 |
| obligations as stipulated by the Commission. | 14 |
| Section 50. Construction and severability. | 15 |
| (a) The provisions of this compact entered into under this | 16 |
| Act shall be severable, and if any phrase, clause, sentence, or | 17 |
| provision of this compact is declared to be contrary to the | 18 |
| constitution of any compacting state or of the United States, | 19 |
| or if the applicability of this compact to any government, | 20 |
| agency, person, or circumstance is held invalid, the validity | 21 |
| of the remainder of this compact and the applicability of this | 22 |
| compact to any government, agency, person, or circumstance | 23 |
| shall not be affected. | 24 |
| (b) If this compact entered into under this Act shall be | 25 |
| held contrary to the constitution of any compacting state, the | 26 |
| compact shall remain in full force and effect as to the | 27 |
| remaining states and in full force and effect as to the state | 28 |
| affected as to all severable matters. The provisions of this | 29 |
| compact entered into under this Act shall be liberally | 30 |
| construed to effectuate the purposes of this compact.
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