Missouri Statute | Act | Code |Additional Executive Departments| US Code - US Statute

Sections 680.130 to 680.155 may be cited as the "State Rail
Preservation Act". (L. 1988 S.B. 676)

As used in sections 680.130 to 680.155, the following terms mean:

(1) "Department", the transportation department;

(2) "Rail service", both freight and passenger service. (L. 1988 S.B. 676)

The department is hereby authorized to exercise those powers
necessary for the state to qualify for rail service preservation
subsidies or other assistance pursuant to the provisions of any federal
act. The department shall:

(1) Establish a state plan for rail transportation and local rail
services;

(2) Administer and coordinate the state plan;

(3) Provide in the plan for the distribution of federal rail service
preservation subsidies or other federal assistance;

(4) Provide satisfactory assurances on behalf of the state that such
fiscal control and fund accounting procedures will be adopted by the
state as may be necessary to assure proper disbursement of and account
for federal funds paid to the state. (L. 1988 S.B. 676)

The department is hereby authorized to provide financial
assistance, within the limits of the funds appropriated for this purpose,
for the preservation of operations and maintenance of any railroad within
the state as provided for in relevant federal legislation. The department
shall provide no public money or property or use or allow the use of
public credit to any private person; except that, money or property may
be distributed together with money or property received from the United
States for any public purpose designated by the United States. The
department may also act as the agent in cooperation with any local or
regional transportation authority, local governmental units, any group of
rail users, or any person, and the federal government in any rail service
preservation program. (L. 1988 S.B. 676)

The department may cooperate with other states in connection
with the preservation of any rail services within this state. In carrying
out the authority conferred by this section, the department may enter
into general contractual arrangements with other states. (L. 1988 S.B.
676)

The department may contract with any domestic or foreign person,
firm, corporation, agency or government to provide, maintain or improve
rail transportation service within this state. (L. 1988 S.B. 676)

This section shall be known and may be cited as the "Midwest
Interstate Passenger Rail Compact". The midwest interstate passenger rail
compact is hereby enacted into law and entered into with all other states
which adopt the compact in a form substantially as follows:

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 (or two legislators from any unicameral legislature), 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;

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
governors* 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 moneys 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 the estate affected
as to all severable matters. The provisions of this compact entered into
pursuant hereto shall be liberally construed to effectuate the purposes
thereof. (L. 2000 H.B. 1363)

*Word "governor" appears in original rolls.

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