680.200. Midwest interstate passenger rail compact.

MISSOURI STATUTES AND CODES

680.200. Midwest interstate passenger rail compact.

Midwest interstate passenger rail compact.

680.200. This section shall be known and may be cited as the "MidwestInterstate Passenger Rail Compact". The midwest interstate passenger railcompact is hereby enacted into law and entered into with all other stateswhich 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 tointercity passenger rail service in the Midwest;

B) to coordinate interaction among Midwestern state elected officialsand their designees on passenger rail issues;

C) to promote development and implementation of long-range plans forhigh speed rail passenger service in the Midwest and among other regions ofthe United States;

D) to work with the public and private sectors at the federal, state andlocal levels to ensure coordination among the various entities having aninterest in passenger rail service and to promote Midwestern interestsregarding passenger rail; and

E) to support efforts of transportation agencies involved in developingand 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 outthe duties specified in this compact.

ARTICLE III

COMMISSION MEMBERSHIP

The manner of appointment of Commission members, terms of officeconsistent with the terms of this compact, provisions for removal andsuspension, and manner of appointment to fill vacancies shall be determined byeach party state pursuant to its laws, but each commissioner shall be aresident of the state of appointment. Commission members shall serve withoutcompensation from the Commission.

The Commission shall consist of four resident members of each state asfollows: The governor or the governor's designee who shall serve during thetenure of office of the governor, or until a successor is named; one member ofthe private sector who shall be appointed by the governor and shall serveduring the tenure of office of the governor, or until a successor is named;and two legislators, one from each legislative chamber (or two legislatorsfrom any unicameral legislature), who shall serve two-year terms, or untilsuccessors are appointed, and who shall be appointed by the appropriateappointing authority in each legislative chamber. All vacancies shall befilled in accordance with the laws of the appointing states. Any commissionerappointed to fill a vacancy shall serve until the end of the incomplete term.Each member state shall have equal voting privileges, as determined by theCommission 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 makepassenger 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 railin the region;

3) seek development of a long-term, interstate plan for high speed railpassenger service implementation;

4) cooperate with other agencies, regions and entities to ensure thatthe Midwest is adequately represented and integrated into national plans forpassenger rail development;

5) adopt bylaws governing the activities and procedures of theCommission and addressing, among other subjects: the powers and duties ofofficers, the voting rights of Commission members, voting procedures,Commission business, and any other purposes necessary to fulfill the duties ofthe commission;

6) expend such funds as required to carry out the powers and duties ofthe Commission; and

7) report on the activities of the Commission to the legislatures andgovernors* 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 railsystems or plans, as approved by the Commission;

2) work with local elected officials, economic development planningorganizations, and similar entities to raise the visibility of passenger railservice benefits and needs;

3) educate other state officials, federal agencies, other electedofficials and the public on the advantages of passenger rail as an integralpart of an intermodal transportation system in the region;

4) work with federal agency officials and Members of Congress to ensurethe funding and authorization necessary to develop a long-term, interstateplan for high speed rail passenger service implementation;

5) make recommendations to member states;

6) if requested by each state participating in a particular project andunder the terms of a formal agreement approved by the participating states andthe 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, avice-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 performsuch functions and exercise such powers as are specified in the Commissionbylaws.

ARTICLE VI

MEETINGS AND COMMISSION ADMINISTRATION

The Commission shall meet at least once in each calendar year, and atsuch other times as may be determined by the Commission. Commission businessshall be conducted in accordance with the procedures and voting rightsspecified in the bylaws.

ARTICLE VII

FINANCE

Except as otherwise provided for, the moneys necessary to finance thegeneral operations of the Commission in carrying forth its duties,responsibilities and powers as stated herein shall be appropriated to theCommission by the compacting states, when authorized by the respectivelegislatures, by equal apportionment among the compacting states. Nothing inthis compact shall be construed to commit a member state to participate infinancing 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 orfrom any department, agency, or municipality thereof, or from any institution,person, firm, or corporation. All expenses incurred by the Commission inexecuting the duties imposed upon it by this compact shall be paid by theCommission out of the funds available to it. The Commission shall not issueany debt instrument. The Commission shall submit to the officer designated bythe laws of each party state, periodically as required by the laws of eachparty 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 areeligible to join this compact. Upon approval of the Commission, according toits bylaws, other states may also be declared eligible to join the compact.As to any eligible party state, this compact shall become effective when itslegislature shall have enacted the same into law; provided that it shall notbecome initially effective until enacted into law by any three (3) partystates incorporating the provisions of this compact into the laws of suchstates. Amendments to the compact shall become effective upon their enactmentby the legislatures of all compacting states.

ARTICLE IX

WITHDRAWAL, DEFAULT AND TERMINATION

Withdrawal from this compact shall be by enactment of a statute repealingthe same and shall take effect one year after the effective date of suchstatute. A withdrawing state shall be liable for any obligations which it mayhave incurred prior to the effective date of withdrawal.

If any compacting state shall at any time default in the performance ofany of its obligations, assumed or imposed, in accordance with the provisionsof this compact, all rights, privileges and benefits conferred by this compactor agreements hereunder shall be suspended from the effective date of suchdefault as fixed by the Commission, and the Commission shall stipulate theconditions and maximum time for compliance under which the defaulting statemay resume its regular status. Unless such default shall be remedied underthe stipulations and within the time period set forth by the Commission, thiscompact may be terminated with respect to such defaulting state by affirmativevote of a majority of the other Commission members. Any such defaulting statemay be reinstated, upon vote of the Commission, by performing all acts andobligations as stipulated by the Commission.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

The provisions of this compact entered into hereunder shall be severableand if any phrase, clause, sentence or provision of this compact is declaredto be contrary to the constitution of any compacting state or of the UnitedStates or the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder of this compactand the applicability thereof to any government, agency, person orcircumstance shall not be affected hereby. If this compact entered intohereunder shall be held contrary to the constitution of any compacting state,the compact shall remain in full force and effect as to the remaining statesand in full force and effect as the estate affected as to all severablematters. The provisions of this compact entered into pursuant hereto shall beliberally construed to effectuate the purposes thereof.