MURRAY, CAMPBELL, HARLAN, SCHILLING, WILLIAMS (121), FROELKER, TREADWAY,
GRAHAM (24), HILGEMANN, RELFORD, BARRY, KENNEDY, GRIESHEIMER, McLUCKIE,
KREIDER, REYNOLDS, TUDOR, WILSON (42), McCLELLAND, BOUCHER, LEVIN, ABEL, LOUDON,
CURLS AND VAN ZANDT.
Read 1st time January 6, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 680.175, RSMo 1994, relating to transportation services, and to enact in lieu thereof one new section relating to the same subject.
Section A. Section 680.175, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 680.200, to read as follows:
680.200. This section shall be known and may be cited as the "Midwest Interstate Passenger Rail Compact". The midwest interstate passenger rail compact is hereby enacted into law and entered into with all other states which adopt the compact in a form substantially as follows:
"ARTICLE I
STATEMENT OF PURPOSE
The purposes of this compact are, through joint or cooperative action:
A) to promote development and implementation of improvements to intercity passenger rail service in the Midwest;
B) to coordinate interaction among Midwestern state elected officials and their designees on passenger rail issues;
C) to promote development and implementation of long-range plans for high speed rail passenger service in the Midwest and among other regions of the United States;
D) to work with the public and private sectors at the federal, state and local levels to ensure coordination among the various entities having an interest in passenger rail service and to promote Midwestern interests regarding passenger rail; and
E) to support efforts of transportation agencies involved in developing and implementing passenger rail service in the Midwest.
ARTICLE II
ESTABLISHMENT OF COMMISSION
To further the purposes of the compact, a Commission is created to carry out the duties specified in this compact.
ARTICLE III
COMMISSION MEMBERSHIP
The manner of appointment of Commission members, terms of office consistent with the terms of this compact, provisions for removal and suspension, and manner of appointment to fill vacancies shall be determined by each party state pursuant to its laws, but each commissioner shall be a resident of the state of appointment. Commission members shall serve without compensation from the Commission.
The Commission shall consist of four resident members of each state as follows: The governor or the governor's designee who shall serve during the tenure of office of the governor, or until a successor is named; one member of the private sector who shall be appointed by the governor and shall serve during the tenure of office of the governor, or until a successor is named; and two legislators, one from each legislative chamber (or two legislators from any unicameral legislature), who shall serve two-year terms, or until successors are appointed, and who shall be appointed by the appropriate appointing authority in each legislative chamber. All vacancies shall be filled in accordance with the laws of the appointing states. Any commissioner appointed to fill a vacancy shall serve until the end of the incomplete term. Each member state shall have equal voting privileges, as determined by the Commission bylaws.
ARTICLE IV
POWERS AND DUTIES OF THE COMMISSION
The duties of the Commission are to:
1) advocate for the funding and authorization necessary to make passenger rail improvements a reality for the region;
2) identify and seek to develop ways that states can form partnerships, including with rail industry and labor, to implement improved passenger rail in the region;
3) seek development of a long-term, interstate plan for high speed rail passenger service implementation;
4) cooperate with other agencies, regions and entities to ensure that the Midwest is adequately represented and integrated into national plans for passenger rail development;
5) adopt bylaws governing the activities and procedures of the Commission and addressing, among other subjects: the powers and duties of officers; the voting rights of Commission members, voting procedures, Commission business, and any other purposes necessary to fulfill the duties of the commission;
6) expend such funds as required to carry out the powers and duties of the Commission; and
7) report on the activities of the Commission to the legislatures and governor of the member states on an annual basis.
In addition to its exercise of these duties, the Commission is empowered to:
1) provide multistate advocacy necessary to implement passenger rail systems or plans, as approved by the Commission;
2) work with local elected officials, economic development planning organizations, and similar entities to raise the visibility of passenger rail service benefits and needs;
3) educate other state officials, federal agencies, other elected officials and the public on the advantages of passenger rail as an integral part of an intermodal transportation system in the region;
4) work with federal agency officials and Members of Congress to ensure the funding and authorization necessary to develop a long-term, interstate plan for high speed rail passenger service implementation.
5) make recommendations to member states;
6) if requested by each state participating in a particular project and under the terms of a formal agreement approved by the participating states and the Commission, implement or provide oversight for specific rail projects:
7) establish an office and hire staff as necessary;
8) contract for or provide services;
9) assess dues, in accordance with the terms of this compact;
10) conduct research; and
11) establish committees.
ARTICLE V
OFFICERS
The Commission shall annually elect from among its members a chair, a vice-chair who shall not be a resident of the state represented by the chair, and others as approved in the Commission bylaws. The officers shall perform such functions and exercise such powers as are specified in the Commission bylaws.
ARTICLE VI
MEETINGS AND COMMISSION ADMINISTRATION
The Commission shall meet at least once in each calendar year, and at such other times as may be determined by the Commission. Commission business shall be conducted in accordance with the procedures and voting rights specified in the bylaws.
ARTICLE VII
FINANCE
Except as otherwise provided for, the monies necessary to finance the general operations of the Commission in carrying forth its duties, responsibilities and powers as stated herein shall be appropriated to the Commission by the compacting states, when authorized by the respective legislatures, by equal apportionment among the compacting states. Nothing in this compact shall be construed to commit a member state to participate in financing a rail project except as provided by law of a member state.
The Commission may accept, for any of its purposes and functions, donations, gifts, grants, and appropriations of money, equipment, supplies, materials and services from the federal government, from any party state or from any department, agency, or municipality thereof, or from any institution, person, firm, or corporation. All expenses incurred by the Commission in executing the duties imposed upon it by this compact shall be paid by the Commission out of the funds available to it. The Commission shall not issue any debt instrument. The Commission shall submit to the officer designated by the laws of each party state, periodically as required by the laws of each party state, a budget of its actual past and estimated future expenditures.
ARTICLE VIII
ENACTMENT, EFFECTIVE DATE AND AMENDMENTS
The states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin are eligible to join this compact. Upon approval of the Commission, according to its bylaws, other states may also be declared eligible to join the compact. As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law; provided that it shall not become initially effective until enacted into law by any three (3) party states incorporating the provisions of this compact into the laws of such states. Amendments to the compact shall become effective upon their enactment by the legislatures of all compacting states.
ARTICLE IX
WITHDRAWAL, DEFAULT AND TERMINATION
Withdrawal from this compact shall be by enactment of a statute repealing the same and shall take effect one year after the effective date of such statute. A withdrawing state shall be liable for any obligations which it may have incurred prior to the effective date of withdrawal.
If any compacting state shall at any time default in the performance of any of its obligations, assumed or imposed, in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the Commission, and the Commission shall stipulate the conditions and maximum time for compliance under which the defaulting state may resume its regular status. Unless such default shall be remedied under the stipulations and within the time period set forth by the Commission, this compact may be terminated with respect to such defaulting state by affirmative vote of a majority of the other Commission members. Any such defaulting state may be reinstated, upon vote of the Commission, by performing all acts and obligations as stipulated by the Commission.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any compacting state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected hereby. If this compact entered into hereunder shall be held contrary to the constitution of any compacting state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as the estate affected as to all severable matters. The provisions of this compact entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof."
[680.175. The "Interstate High Speed Intercity Rail Passenger Network Compact", as consented to by the United States Congress in Public Law 98-358, is hereby ratified, enacted into law and entered into by the State of Missouri with all other states legally joining therein in the form substantially as follows:
INTERSTATE HIGH SPEED
INTERCITY RAIL
PASSENGER NETWORK COMPACT
ARTICLE I--POLICY AND PURPOSE
Because the beneficial service of and profitability of a high speed intercity rail passenger system would be enhanced by establishing such a system which would operate across state lines it is the policy of the states party to this compact to cooperate and share jointly the administrative and financial responsibilities of preparing a feasibility study concerning the operation of such a system connecting major cities in Ohio, Indiana, Michigan, Pennsylvania, Illinois, Missouri, and any other State which subsequently becomes a participant through enactment of the compact.
ARTICLE II--COOPERATION
The states of Ohio, Indiana, Michigan, Pennsylvania, Illinois, Missouri and all other states which subsequently enter into this compact, hereinafter referred to as "participating states", agree to, upon adoption of this compact by the respective states, jointly conduct and participate in a high speed intercity rail passenger feasibility study by providing such information and data as is available and may be requested by a participating state or any consulting firms representing a participating state or the compact. It is mutually understood by the participating states that such information shall not include matters not of public record or of a nature considered to be privileged and confidential unless the state providing such information agrees to waive the confidentiality.
The participating states further agree to:
(A) Make available to each other and to any consulting firm representing the member states or the compact such assistance as may be legal, proper and available, including, but not limited to personnel, equipment, office space, machinery, computers, engineering and technical advice and services; and
(B) Provide such financial assistance for the implementation of the feasibility study as may be legal, proper and available.
ARTICLE III--INTERSTATE RAIL
PASSENGER ADVISORY COUNCIL
There is hereby created an interstate rail passenger advisory council, the membership of which shall consist of three representatives from each participating state. One representative shall be a member of the senate of the participating state, appointed by the president pro tem of the senate of such state, one representative shall be a member of the house of representatives of the participating state, appointed by the speaker of the house of representatives of such state, and one representative shall be from the state's railroad industry, appointed by the governor of the participating state. The members shall select designees who shall serve in the absence of the members. The advisory council shall meet within thirty days after ratification of this agreement by at least two participating states and establish rules for the conduct of the advisory council's business.
The Advisory Council shall coordinate all aspects of the high speed intercity rail passenger feasibility study relative to interstate connections and shall do all other things necessary and proper for the completion of the feasibility study.
ARTICLE IV--EFFECTIVE DATE
This compact shall become effective upon the adoption of the compact into law by two or more of the participating states. Thereafter, it shall enter into force and effect as to any other participating state upon the enactment thereof by such state.
This compact shall continue in force with respect to a participating state and remain binding upon such state until six months after such state has given notice to each other participating state of the repeal thereof, such withdrawal shall not be construed to relieve any participating state from any obligation incurred prior to the end of the state's participation in the compact as provided herein.
ARTICLE V--CONSTRUCTION AND
SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of
any participating state or of the United States, or the applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby, if this compact shall be held contrary to the constitution of
any participating state, the compact shall remain in full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.]
Missouri House of Representatives