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Office of the Revisor of Statutes

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.