2015 North Dakota Century Code Title 8 Carriage Chapter 8-11.1 Midwest Interstate Passenger Rail Compact
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CHAPTER 8-11.1
MIDWEST INTERSTATE PASSENGER RAIL COMPACT
8-11.1-01. Midwest interstate passenger rail compact.
The midwest interstate passenger rail compact is enacted by this state and entered with all
other states legally joining therein in the form substantially as follows:
ARTICLE I - STATEMENT OF PURPOSE
The purposes of this compact are, through joint or cooperative action:
1. To promote development and implementation of improvements to intercity passenger
rail service in the midwest;
2. To coordinate interaction among midwestern state-elected officials and their designees
on passenger rail issues;
3. To promote development and implementation of long-range plans for high-speed rail
passenger service in the midwest and among the regions of the United States;
4. 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
5. To support efforts of transportation agencies involved in developing and implementing
passenger rail service in the midwest.
ARTICLE II - COMMISSION
To further the purposes of the compact, a commission is created to carry out the duties
specified in this compact.
ARTICLE III - MEMBERSHIP
1. 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 must be determined by each party state pursuant to its
laws, but each commissioner must be a resident of the state of appointment.
Commission members shall serve without compensation from the commission.
2. The commission consists 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, appointed
by the governor to serve during the tenure of the office of the governor, or until a
successor is named; and two legislators, one from each house appointed by the
chairman of the legislative council to serve two-year terms, or until successors are
appointed. All vacancies must 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 must have equal voting privileges, as determined
by the commission bylaws.
ARTICLE IV - POWERS AND DUTIES
1. The duties of the commission are to:
a. Advocate for the funding and authorization necessary to make passenger rail
improvements a reality for the region;
b. 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;
c. Seek development of a long-term, interstate plan for high-speed rail passenger
service implementation;
d. Cooperate with other agencies, regions, and entities to ensure that the midwest is
adequately represented and integrated into national plans for passenger rail
development;
e. Adopt bylaws governing the activities and procedures of the commission and
addressing 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;
f. Expend funds as required to carry out the powers and duties of the commission;
and
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g.
Report on the activities of the commission to the governor of each member state
on an annual basis.
2. In addition to its exercise of these duties, the commission is empowered to:
a. Provide multistate advocacy necessary to implement passenger rail systems or
plans, as approved by the commission;
b. Work with local elected officials, economic development planning organizations,
and similar entities to raise the visibility of passenger rail service benefits and
needs;
c. Educate other state officials, federal agencies, other elected officials, and the
public on the advantages of passenger rails as an integral part of an intermodal
transportation system in the region;
d. 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;
e. Make recommendations to member states;
f. 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 overview for specific rail projects;
g. Establish an office and hire staff as necessary;
h. Contract for or provide services;
i. Assess dues, in accordance with the terms of this compact;
j. Conduct research; and
k. Establish communities.
ARTICLE V - OFFICERS
The commission annually shall elect from among its members a chairman, a vice chairman
who is not a resident of the state represented by the chairman, and others as approved in the
commission bylaws. The officers shall perform functions and exercise powers as are specified in
the commission bylaws.
ARTICLE VI - MEETINGS AND ADMINISTRATION
The commission shall meet at least once in each calendar year and at other times as may
be determined by the commission. Commission business must be conducted in accordance with
the procedures and voting rights specified in the bylaws.
ARTICLE VII - FINANCE
Except as otherwise provided, the moneys necessary to finance the general operations of
the commission in exercising its duties, responsibilities, and powers must be appropriated to the
commission by the compacting states, when authorized by the respective legislatures, by equal
apportionment among the compacting states. This compact does not 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 state agency or political subdivision, or from any
person. All expenses incurred by the commission must be paid by the commission out of the
funds available to it. The commission may 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 be declared eligible to
join the compact. As to any eligible party state, this compact becomes effective when its
legislature has enacted the same into law; provided that it may not become initially effective until
enacted into law by any three party states. Amendments to the compact become effective upon
their enactment by the legislatures of all compacting states.
ARTICLE IX - WITHDRAWAL, DEFAULT, AND TERMINATION
Withdrawal from this compact must be by enactment of a statute repealing the compact and
must take effect one year after the effective date of the repeal. A withdrawing state is liable for
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any obligations that it may have incurred before the effective date of withdrawal. If any
compacting state at any time defaults in the performance of any of its obligations, assumed or
imposed, in accordance with this compact, all rights, privileges, and benefits conferred by this
compact or agreements under this compact must be suspended from the effective date of the
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 the default is remedied under the stipulations and within the time period set by the
commission, this compact may be terminated with respect to the defaulting state by affirmative
vote of a majority of the other commission members. Any 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 are severable. 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 to any government, agency, person, or circumstance is held
invalid, the validity of the remainder of this compact and the applicability to any government,
agency, person, or circumstance is not affected. If this compact is held contrary to the
constitution of any compacting state, the compact remains in effect as to the remaining states
and in effect as to the state affected as to all severable matters. This compact must be liberally
construed to effectuate its purposes.
8-11.1-02. Amount of dues assessed by commission - Negotiation.
North Dakota's commission members may negotiate a lower amount of any dues imposed
by the commission based upon anticipated North Dakota commission-related activities. If the
commission does not approve a lower amount of dues, the department of transportation may
withhold the dues payment until the next legislative assembly addresses the issue.
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