Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 459-S.F.No. 2956
An act relating to transportation; adopting Midwest
Interstate Passenger Rail Compact; amending Minnesota
Statutes 1998, section 218.011, by adding a
subdivision; proposing coding for new law in Minnesota
Statutes, chapter 218.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 218.011, is
amended by adding a subdivision to read:
Subd. 8. [COMMISSION.] "Commission" means the Midwest
Interstate Passenger Rail Compact commission.
Sec. 2. [218.75] [MIDWEST INTERSTATE PASSENGER RAIL
COMPACT.]
The contracting states solemnly agree:
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, 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; and
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 to the state affected as to all
severable matters. The provisions of this compact entered into
pursuant hereto shall be liberally construed to effectuate the
purposes thereof.
Presented to the governor May 9, 2000
Signed by the governor May 11, 2000, 5:35 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes