Chapter 680Transportation Services
(L. 1988 S.B. 676)
(1) "Department", the transportation department;
(2) "Rail service", both freight and passenger service.
Duties of department.
(L. 1988 S.B. 676)
680.140. The department is hereby authorized to exercise those powers necessary for the state to qualify for rail service preservation subsidies or other assistance pursuant to the provisions of any federal act. The department shall:
(1) Establish a state plan for rail transportation and local rail services;
(2) Administer and coordinate the state plan;
(3) Provide in the plan for the distribution of federal rail service preservation subsidies or other federal assistance;
(4) Provide satisfactory assurances on behalf of the state that such fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of and account for federal funds paid to the state.
Financial assistance to whom, limit--department to act as agent, forwhom, when.
(L. 1988 S.B. 676)
680.145. The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the preservation of operations and maintenance of any railroad within the state as provided for in relevant federal legislation. The department shall provide no public money or property or use or allow the use of public credit to any private person; except that, money or property may be distributed together with money or property received from the United States for any public purpose designated by the United States. The department may also act as the agent in cooperation with any local or regional transportation authority, local governmental units, any group of rail users, or any person, and the federal government in any rail service preservation program.
Cooperation with other states.
(L. 1988 S.B. 676)
680.150. The department may cooperate with other states in connection with the preservation of any rail services within this state. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements with other states.
Power to contract.
(L. 1988 S.B. 676)
680.155. The department may contract with any domestic or foreign person, firm, corporation, agency or government to provide, maintain or improve rail transportation service within this state.
Midwest interstate passenger rail compact.
(L. 1988 S.B. 676)
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 governors* 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 moneys 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.
(L. 2000 H.B. 1363)
*Word "governor" appears in original rolls.