AB1049: Bill Text

LRB-4153/2

ARG:kjf:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 1049

February 20, 2006 - Introduced by Representatives Freese, Loeffelholz, Black, Musser, Hahn, Berceau, Hines, Molepske and Nerison, cosponsored by Senators Cowles and Risser. Referred to Committee on Transportation.

AB1049,1,2 An Act to create 14.86 and 85.067 of the statutes; relating to: ratification of the Midwest Interstate Passenger Rail Compact.

Analysis by the Legislative Reference Bureau

This bill creates a Midwest Interstate Passenger Rail Compact ("compact"). The purposes of the compact include promoting the development and implementation of improvements to intercity passenger rail service in the Midwest; coordinating interaction among elected states on passenger rail services; and supporting efforts of transportation agencies that are developing and implementing passenger rail service in the Midwest.

The compact became effective when it was enacted into law by three states. Currently, six states have enacted the compact into law: Indiana, Missouri, Nebraska, Ohio, Minnesota, and North Dakota. Under the compact, Wisconsin and five other states, including Illinois, Iowa, and Michigan, are eligible to become member states.

The compact creates a Midwest Interstate Passenger Rail Commission ("commission") consisting of four members from each member state, including the governor, or his or her designee, and two legislators. The compact specifies certain duties for the commission, including the duty to advocate for the funding and authorization of passenger rail improvements in the Midwest, to identify and seek partnerships to implement improved passenger rail service, and to seek development of a long-term, interstate plan for high-speed passenger rail service. The compact also authorizes the commission to take certain actions related to the promotion and implementation of passenger rail service.

Any member state to the compact may withdraw from the compact, effective one year after passage of a state law withdrawing from the compact. Conditions for default by and termination of a compacting state are specified.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1049, s. 1 Section 1. 14.86 of the statutes is created to read:

AB1049,2,4 14.86 Midwest interstate passenger rail commission. (1) There is created a midwest interstate passenger rail commission as specified under s. 85.067 (2), consisting of the following members representing this state:

AB1049,2,5 (a) The governor or his or her designee.

AB1049,2,7 (b) One representative to the assembly, appointed by the speaker of the assembly for a 2-year term.

AB1049,2,8 (c) One senator appointed by the president of the senate for a 2-year term.

AB1049,2,10 (d) One member representing the private sector, appointed by the governor for the governor's term of office.

AB1049,2,14 (2) The members of the commission shall serve without compensation but shall be reimbursed from the appropriation under s. 20.395 (4) (aq) for actual and necessary expenses incurred in the performance of their duties. The commission has the powers and duties granted and imposed under s. 85.067.

AB1049,2,17 (3) From the appropriation under s. 20.395 (4) (aq), the department of transportation shall pay the costs of membership in and costs associated with the midwest interstate passenger rail compact.

AB1049, s. 2 Section 2. 85.067 of the statutes is created to read:

AB1049,3,3 85.067 Midwest interstate passenger rail compact. The midwest interstate passenger rail compact is enacted into law and entered into by this state with all other states legally joining therein substantially in the following form:

AB1049,3,5 MIDWEST INTERSTATE PASSENGER RAIL COMPACT

AB1049,3,6 The contracting states solemnly agree:

AB1049,3,8 (1) Article I — Statement of Purpose. Through joint or cooperative action, the purposes of this compact are to do all of the following:

AB1049,3,10 (a) Promote development and implementation of improvements to intercity passenger rail service in the midwest.

AB1049,3,12 (b) Coordinate interaction among elected state officials in the midwest and their designees on passenger rail issues.

AB1049,3,15 (c) Promote development and implementation of long-range plans for high-speed passenger rail service in the midwest and among other regions of the United States.

AB1049,3,19 (d) 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 interests of the midwestern region regarding passenger rail.

AB1049,3,21 (e) Support efforts of transportation agencies that are involved in developing and implementing passenger rail service in the midwest.

AB1049,3,24 (2) Article II — Establishment of the Commission. To further the purposes of this compact, a midwest interstate passenger rail commission, hereinafter called "the commission," is created to carry out the duties specified in this compact.

AB1049,4,2 (3) Article III — Commission Membership. (a) The commission shall consist of 4 resident members of each state as follows:

AB1049,4,4 1. The governor or the governor's designee who shall serve during the term of office of the governor, or until a successor is named;

AB1049,4,8 2. Two legislators, one from each house (or 2 legislators from any unicameral legislature), who shall serve 2-year terms, or until successors are appointed, and who shall be appointed by the appropriate appointing authority in each house of the legislature; and

AB1049,4,10 3. 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.

AB1049,4,14 (am) 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 bylaws of the commission.

AB1049,4,18 (b) 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 under its laws, but each commissioner shall be a resident of the state of appointment.

AB1049,4,20 (c) All members of the commission shall serve without compensation from the commission.

AB1049,4,22 (4) Article IV — Powers and Duties of the Commission. (a) The duties of the commission are to:

AB1049,4,24 1. Advocate for the funding and authorization necessary to make passenger rail improvements a reality for the region.

AB1049,5,3 2. Identify and seek to develop ways that states can form partnerships, including with rail industry and labor, to implement improved passenger rail service in the region.

AB1049,5,5 3. Seek development of a long-term, interstate plan for high-speed passenger rail service implementation.

AB1049,5,8 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.

AB1049,5,12 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 members of the commission, voting procedures, commission business, and any other purposes necessary to fulfill the duties of the commission.

AB1049,5,14 6. Expend such funds as required to carry out the powers and duties of the commission.

AB1049,5,16 7. Report on the activities of the commission to the legislatures and governors of the member compacting states on an annual basis.

AB1049,5,18 (b) In addition to its exercise of the duties specified in par. (a), the commission is empowered to:

AB1049,5,20 1. Provide multistate advocacy necessary to implement passenger rail systems or plans, as approved by the commission.