State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

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.".

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