CHAPTER 22. MIDWEST INTERSTATE PASSENGER RAIL COMPACT
IC 8-3-22
Chapter 22. Midwest Interstate Passenger Rail Compact
IC 8-3-22-1
Purposes
Sec. 1. The purposes of this compact are, through joint orcooperative action, to:
(1) promote development and implementation of improvementsto intercity passenger rail service in the Midwest;
(2) coordinate interaction among Midwestern state electedofficials and their designees on passenger rail issues;
(3) promote development and implementation of long rangeplans for high speed rail passenger service in the Midwest andamong other regions of the United States;
(4) work with the public and private sectors at the federal, state,and local levels to ensure coordination among the variousentities having an interest in passenger rail service and topromote Midwestern interests regarding passenger rail service;and
(5) support efforts of transportation agencies involved indeveloping and implementing passenger rail service in theMidwest.
As added by P.L.131-2000, SEC.1.
IC 8-3-22-2
"Commission" defined
Sec. 2. As used in this chapter, "commission" means the Midwestinterstate passenger rail compact commission established in section3 of this chapter.
As added by P.L.131-2000, SEC.1.
IC 8-3-22-3
Creation and members of commission
Sec. 3. (a) The Midwest interstate passenger rail compactcommission is created to carry out the duties specified in thiscompact.
(b) The manner of appointment of commission members, terms ofoffice consistent with the terms of this compact, provisions forremoval and suspension, and manner of appointment to fill vacanciesshall be determined by each party state under its laws, but eachmember of the commission must be a resident of the state ofappointment.
(c) Commission members serve without compensation from thecommission.
(d) The commission consists of four (4) resident members of eachstate as follows:
(1) The governor, or the governor's designee, who serves duringthe tenure of office of the governor, or until a successor isnamed.
(2) One (1) member of the private sector appointed by the
governor to serve during the tenure of office of the governor, oruntil a successor is named.
(3) Two (2) legislators from different political parties, one (1)from each legislative chamber (or two (2) legislators from anyunicameral legislature), who serve two (2) year terms, or untilsuccessors are appointed, and who are appointed by theappropriate appointing authority in each legislative chamber.
All vacancies must be filled according to the laws of the appointingstates. A commission member appointed to fill a vacancy serves untilthe end of the incomplete term.
(e) Each member state has equal voting privileges, as determinedby the commission bylaws.
As added by P.L.131-2000, SEC.1.
IC 8-3-22-4
Powers and duties of commission
Sec. 4. (a) The duties of the commission are to:
(1) advocate for the funding and authorization necessary tomake passenger rail improvements a reality for the region;
(2) identify and seek to develop ways that states can formpartnerships, including those with rail industry and labor, toimplement improved passenger rail service in the region;
(3) seek development of a long term, interstate plan for highspeed rail passenger service implementation;
(4) cooperate with other agencies, regions, and entities toensure that the Midwest is adequately represented andintegrated into national plans for passenger rail development;
(5) adopt bylaws governing the activities and procedures of thecommission and addressing, among other subjects:
(A) the powers and duties of officers; and
(B) the voting rights of commission members, votingprocedures, commission business, and any other purposesnecessary to fulfill the duties of the commission;
(6) expend funds as required to carry out the powers and dutiesof the commission; and
(7) report on the activities of the commission to the legislaturesand governors of the member states on an annual basis.
(b) In addition to its exercise of these duties, the commission may:
(1) provide multistate advocacy necessary to implementpassenger rail systems or plans, as approved by the commission;
(2) work with local elected officials, economic developmentplanning organizations, and similar entities to raise the visibilityof passenger rail service benefits and needs;
(3) educate other state officials, federal agencies, other electedofficials, and the public on the advantages of passenger rail asan integral part of an intermodal transportation system in theregion;
(4) work with federal agency officials and members of Congressto ensure the funding and authorization necessary to develop along term, interstate plan for high speed rail passenger service
implementation.
(5) make recommendations to member states;
(6) implement or provide oversight for specific rail projects, ifrequested by each state participating in a particular project andunder the terms of a formal agreement approved by theparticipating states and the commission;
(7) establish an office and hire staff as necessary;
(8) contract for or provide services;
(9) assess dues, according to the terms of this compact;
(10) conduct research; and
(11) establish committees.
As added by P.L.131-2000, SEC.1.
IC 8-3-22-5
Officers
Sec. 5. (a) The commission shall annually elect from among itsmembers:
(1) a chair;
(2) a vice chair, who may not be a resident of the staterepresented by the chair; and
(3) any other officers approved in the commission bylaws.
(b) The officers shall perform the functions and exercise thepowers specified in the commission bylaws.
As added by P.L.131-2000, SEC.1.
IC 8-3-22-6
Meetings; voting
Sec. 6. (a) The commission shall meet at least once in eachcalendar year and at other times as determined by the commission.
(b) Commission business shall be conducted according to theprocedures and voting rights specified in the bylaws.
As added by P.L.131-2000, SEC.1.
IC 8-3-22-7
Appropriations; donations; expenses; budgets
Sec. 7. (a) Except as otherwise provided, the money necessary tofinance the general operations of the commission in carrying forth itsduties, responsibilities, and powers as stated in this chapter shall beappropriated to the commission by the compacting states, whenauthorized by the respective legislatures, by equal apportionmentamong the compacting states.
(b) This compact may not be construed to commit a member stateto participate in financing a rail project except as provided by law ofthe member state.
(c) The commission may accept, for any of its purposes andfunctions, donations, gifts, grants, and appropriations of money,equipment, supplies, materials, and services from the federalgovernment, from any party state or from any department, agency, ormunicipality thereof, or from any institution, person, firm, orcorporation. (d) All expenses incurred by the commission in executing theduties imposed upon it by this compact shall be paid by thecommission out of the funds available to it.
(e) The commission may not issue a debt instrument.
(f) The commission shall submit to the officer designated by thelaws of each party state, periodically as required by the laws of eachparty state, a budget of its actual past and estimated futureexpenditures.
As added by P.L.131-2000, SEC.1.
IC 8-3-22-8
Eligible party states
Sec. 8. (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.
(b) Upon approval of the commission, according to its bylaws,other states may also be declared eligible to join the compact.
(c) For an eligible party state, this compact is effective when thatstate's legislature enacts the compact into law. However, the compactdoes not become initially effective until enacted into law by anythree (3) party states incorporating the provisions of this compactinto the laws of those states.
(d) Amendments to the compact become effective upon theirenactment by the legislatures of all compacting states.
As added by P.L.131-2000, SEC.1.
IC 8-3-22-9
Withdrawal from compact; default; termination of compact
Sec. 9. (a) Withdrawal from this compact shall be by enactmentof a statute repealing the compact and takes effect one (1) year afterthe effective date of the statute.
(b) A withdrawing state is liable for any obligations that thewithdrawing state may have incurred before the effective date ofwithdrawal.
(c) If, at any time, a compacting state defaults in the performanceof any of its obligations, assumed or imposed, in accordance with theprovisions of this compact, all rights, privileges, and benefitsconferred by this compact or agreements under the compact shall besuspended from the effective date of the compacting state's default,as fixed by the commission.
(d) The commission shall stipulate the conditions and maximumtime for compliance under which the defaulting state may resume itsregular status.
(e) Unless the default is remedied under the stipulations andwithin the time set forth by the commission, this compact may beterminated with respect to the defaulting state by affirmative vote ofa majority of the other commission members.
(f) A defaulting state may be reinstated, upon vote of thecommission, by performing all acts and obligations as stipulated bythe commission.As added by P.L.131-2000, SEC.1.
IC 8-3-22-10
Severability; effect of rulings in other states; liberal construction
Sec. 10. (a) The provisions of this compact are severable, and ifa phrase, clause, sentence, or provision of this compact is declaredto be contrary to the constitution of a compacting state or of theUnited States or the applicability of this compact to any government,agency, person, or circumstance is held invalid, the validity of theremainder of this compact and the applicability of this compact toany government, agency, person, or circumstance is not affected.
(b) If this compact entered into is held contrary to the constitutionof a compacting state, the compact remains in full force and effectfor the remaining states and in full force and effect for the stateaffected as to all severable matters.
(c) The provisions of this compact shall be liberally construed toeffectuate the purposes of the compact.
As added by P.L.131-2000, SEC.1.