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