Illinois General Assembly - Full Text of Public Act 094-1077
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Public Act 094-1077




Public Act 094-1077
HB4344 Enrolled LRB094 15493 DRH 50692 b

    AN ACT concerning transportation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 1. Short title and statement of agreement. This Act
may be cited as the Midwest Interstate Passenger Rail Compact
Act. This State and the other states contracting under this
compact solemnly agree to the terms of this compact.
    Section 5. Statement of purpose. The purposes of this
compact are, through joint or cooperative action:
        (1) to promote development and implementation of
    improvements to intercity passenger rail service in the
        (2) to coordinate interaction among Midwestern state
    elected officials and their designees on passenger rail
        (3) 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;
        (4) 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
        (5) to support efforts of transportation agencies
    involved in developing and implementing passenger rail
    service in the Midwest.
    Section 10. Establishment of Commission. To further the
purposes of the compact, a Commission is created to carry out
the duties specified in this compact.
    Section 15. Commission membership.
    (a) 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.
    (b) The Commission shall consist of 4 resident members of
each state as follows:
        (1) the Governor or the Governor's designee, who shall
    serve during the tenure of office of the Governor, or until
    a successor is named;
        (2) 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;
        (3) one member of the House of Representatives,
    appointed by the Speaker of the House; and
        (4) one member of the Senate, appointed by the
    President of the Senate.
    (c) 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.
    Section 20. Powers and duties of the Commission.
    (a) 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
    (b) In addition to its exercise of these duties, the
Commission is empowered to:
        (1) provide multi-state 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
        (10) conduct research; and
        (11) establish committees.
    Section 25. Officers.
    (a) The Commission shall annually elect from among its
        (1) a chair;
        (2) a vice-chair, who may not be a resident of the
    state represented by the chair; and
        (3) others as approved in the Commission bylaws.
    (b) The officers shall perform such functions and exercise
such powers as specified in the Commission bylaws.
    Section 30. 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.
    Section 35. Finance.
    (a) Except as otherwise provided for, the moneys necessary
to finance the general operations of the Commission in carrying
forth its duties, responsibilities, and powers as stated in
this Compact 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.
    (b) 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 of any party state, or from
any institution, person, firm, or corporation.
    (c) 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.
    (d) 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.
    Section 40. Enactment; effective date; amendments.
    (a) 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.
    (b) As to any eligible party state, except as provided in
subsection (c), this compact shall become effective when its
legislature shall have enacted the compact into law.
    (c) This compact shall not become initially effective until
enacted into law by any 3 party states incorporating the
provisions of this compact into the laws of those states.
Amendments to the compact shall become effective upon their
enactment by the legislatures of all compacting states.
    Section 45. Withdrawal; default; termination.
    (a) Withdrawal from this compact shall be by enactment of a
statute repealing the compact and shall take effect one year
after the effective date of that statute. A withdrawing state
shall be liable for any obligations which it may have incurred
prior to the effective date of withdrawal.
    (b) 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 under this compact shall be suspended from the
effective date of 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 the 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 the
defaulting state by affirmative vote of a majority of the other
Commission members. Any defaulting state may be reinstated,
upon vote of the Commission, by performing all acts and
obligations as stipulated by the Commission.
    Section 50. Construction and severability.
    (a) The provisions of this compact entered into under this
Act 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 if the applicability of this compact to any government,
agency, person, or circumstance is held invalid, the validity
of the remainder of this compact and the applicability of this
compact to any government, agency, person, or circumstance
shall not be affected.
    (b) If this compact entered into under this Act 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 to the state
affected as to all severable matters. The provisions of this
compact entered into under this Act shall be liberally
construed to effectuate the purposes of this compact.

Effective Date: 6/1/2007