Environment, Energy and Transportation Program

State Legislative Developments Related to Amtrak and Passenger Rail Issues

Prepared by L. Jeanne Kaufmann and James B. Reed

June 2001

Introduction

This report summarizes state legislation from the 2001 state legislative sessions regarding rail passenger issues and Amtrak. The report covers January 1 through June 1, 2001. It is divided into three sections--enacted, pending, and failed legislation.

Enacted Legislation
Pending Legislation
Failed Legislation

Enacted Legislation

The following section summarizes enacted legislation relating to Amtrak and passenger rail issues. Thirteen bills were signed into law during this period.

Florida

HB 489 (Johnson, et al.) [Similar to SB 1178 (Comprehensive Planning, Local and Military Affairs, et al.)]

Would create the High Speed Rail Study Commission; provide for membership and appointment, staff, duties of the commission, and dissolution of the commission upon submission of a required report; direct the Department of Transportation to begin collecting and organizing existing data on high speed rail systems; and provide an appropriation.

Signed by governor, Chapter 153

Idaho

HJM 2 (Transportation and Defense Committee)

Urges Congress to restore the daily passenger rail service of the Pioneer, serving to connect Idaho residents to the nation.

Adopted

Indiana

SCR 22 (Landske and Mrvan)

Would urge Congress and the President to establish a dedicated national funding mechanism for high-speed passenger rail service.

Adopted

Maine

HB 1053/LD 1416 (Fisher)

Would authorize the Department of Transportation or the Northern New England Passenger Rail Authority to develop and build a railroad bridge across the tidewaters of Back Cove in Portland.

Signed by governor, Chapter 18

SB 202/LD 767 (Savage)

Limits the liability arising from the providing of passenger rail service to $75,000,000 in the aggregate for any claims and awards, compensatory or punitive, for property damage, personal injury, bodily injury or death arising from a rail incident or accident occurring in this state and involving a passenger train.

Signed by governor, Public Law 54

Montana

HB 378 (Lee)

Provides funding for an engineering and operating study of an Amtrak route across southern Montana; creates a southern Amtrak route account and allows the Department of Transportation to accept gifts, grants or donations for the account.

Signed by governor, Chapter 208

HJR 3 (Lee)

Urges support for the development of an Amtrak route between Denver and Spokane that passes through southern and western Montana.

Adopted

Nebraska

LB 244 (Bromm and Schimek)

Would adopt the Midwest Interstate Passenger Rail Compact and create a commission to further the purposes of the compact and carry out duties as specified by the compact.

Signed by governor, Section 74-1601

North Dakota

HB 1408 (Koppelman, et al.)

Establishes the Midwest Interstate Passenger Rail Compact; creates a commission to carry out the duties of the compact and define its membership, duties and powers.

Signed by governor, Chapter 106

Oklahoma

SB 120 (Herbert, et al.)

Would modify the Oklahoma Tourism and Passenger Rail Revolving Fund used by the Department of Transportation to contract railroad passenger services.

Signed by governor

Tennessee

HB 1855 (Kent)/SB 1858 (Cohen)

Authorizes paddlewheel steamboat companies to transport alcoholic beverages that have not been taxed in Tennessee into this state subject to the same requirements as commercial airlines and passenger trains.

Signed by governor, Chapter 84

Virginia

SJR 396 (Not available)

Would establish the Virginia-North Carolina Interstate High-Speed Rail Commission to study the desirability and feasibility of establishing high-speed passenger rail service between Virginia and North Carolina.

Adopted

Washington

SB 5224 (Prentice, et al.) [Companion to HB 1096 pending]

Would redevelop the King Street railroad station depot, along with necessary and related properties, and finds that innovative funding arrangements can materially assist in furthering the redevelopment at reduced public expense.

Signed by governor, Chapter 62

Pending Legislation

There are 38 pieces of legislation currently pending in various state legislative committees.

California

AB 405 (Salinas)

Would specify that disabled passengers in wheelchairs who travel by rail feeder bus service over any regular route of the Capitol Corridors between Monterey County and the City of San Jose be exempt from the requirement to purchase a ticket for rail service on at least one leg of the trip. Also directs the Department of Transportation to encourage the following local agencies to execute a memorandum of understanding that, among other things, addresses a long-term solution to the passenger service needs of those traveling by bus between specific counties and cities: Amtrak; the Transportation Agency of Monterey County; and any private motor carrier that operates regular service on the route.

Passed Assembly

AB 1396 (Longville, et al.)

Would create the Passenger Rail Improvement, Safety, and Modernization Program; establish the Passenger Rail Improvement, Safety, and Modernization Subaccount in the State Transportation Fund; provide that eligible recipients of funding are certain public agencies and joint power authorities that provide regularly scheduled passenger rail service; require that funds allocated pursuant to the program be used for the rehabilitation or modernization of tracks utilized for public passenger rail transit, signals, structures, facilities, and rolling stock; and require eligible funding recipients to provide matching funds.

SB 690 (Costa, et al.)

Would limit certain statutory activities of the High Speed Rail Authority concerning high-speed rail operations, to high-speed rail systems and technologies that, as specified, have been in service for a minimum period of time; have verifiable construction methods and costs; have verifiable operating and maintenance costs, performance, and maintenance history; and can be implemented in segments.

Passed Senate

SB 796 (Costa)

Would require the secretary for the Business, Transportation and Housing Agency and the director of the State Department of Transportation, to serve as ex-officio members of the High-Speed Rail Authority; require six members to constitute a quorum for taking any action for the authority; and prohibit an ex-officio member from receiving compensation or reimbursement from the authority for travel expenses incurred in attending to the business of the authority.

Passed Senate

Connecticut

SB 1132/LCO 3749 (Planning and Development Committee)

Would provide for a study of the feasibility of freight and passenger rail linkages from northeastern Connecticut to New England and the rest of the nation by an agency not responsible for highways.

Florida

SB 1178 (Comprehensive Planning, Local and Military Affairs, et al.) [Similar to HB 489 (Johnson, et al.) Signed by governor, Chapter 153]

Passed Transportation and Comprehensive Planning, Local and Military Affairs

Georgia

HB 785 (Smith, et al.)

Would allow employees of the Georgia Rail Passenger Authority membership in the Employees´ Retirement System of Georgia.

Idaho

SB 1108 (Transportation Committee)

Would require every railroad corporation operating in the state to employ no fewer than two employees on every freight train and passenger train.

Indiana

HB 1192 (Kromkowski)

Would require at least two employees to operate a train that is carrying hazardous material; is operated over a public crossing; or is operated on or adjacent to a track where a passenger train is operating and provide penalties for violations.

SB 238 (Landske and Mrvan)

Would establish the Indiana High Speed Rail Study Commission to evaluate existing studies that address the needs and viability of high speed rail service in and through the state and require the commission to submit a final report of the their findings and recommendations to the legislative council before November 1, 2005.

Passed Senate

SB 258 (Riegsecker, et al.)

Would require that 10 percent of the sales taxes collected on gasoline and special fuel be distributed among certain funds for airport development, high speed rail development, public mass transportation, and commuter rail service.

SB 446 (Landske, et al.)

Would appropriate $10,000,000 to the Department of Transportation for developing a high-speed rail system during the biennium beginning July 1, 2001.

Iowa

HF 193 (State Government) [Formerly HF 30 (Jacobs and Connors)]/SF 16 (Boettger)/SF 460 (Transportation)

Would provide that the Midwest Interstate Passenger Rail Compact is entered into and enacted into law with several other midwestern states if those states join the compact in substantially the same form; establish a commission to further the purposes of and carry out the duties specified in the compact and provide a list of powers and duties the commission shall have related to the compact.

Kentucky

SCR 41 (Sanders)

Would direct the Interim Joint Committee on Appropriations and Revenue to study the development of passenger and freight rail initiatives in the Commonwealth; develop an inventory of existing infrastructure, technology, and funding sources affecting both passenger and freight rail services; identify needed improvements to rail infrastructure, options for utilizing technology to increase passenger and freight rail service, options for preserving abandoned rail lines and corridors and methods of maximizing the state's ability to receive federal rail funds and future federal transportation funding bills; review rail initiatives in bordering states and identify steps necessary to develop a compatible rail network throughout the state; and report to the Legislative Research Commission no later than September 30, 2002.

Maine

HB 1005/LD 1342 (Richardson)

Would enhance, upgrade and encourage passenger rail service in Maine through the creation of a rail trust fund.

Minnesota

HF 1711 (Hausman, et al.)/ SF 1377 (Kelly, et al.)

Would authorize spending to acquire and to better public land and other public improvements of a capital nature; authorizing issuance of state bonds; appropriating money for commuter rail, high-speed rail, and transit purposes.

SF 1875 (Kiscaden, et al.)

Would appropriate money to the Commissioner of Transportation to pay state dues under the Midwest Interstate Passenger Rail Compact.

New Hampshire

HB 258 (Katsakiores)

Would establish a task force to conduct an ongoing study of the feasibility of re-establishing the Lawrence, Massachusetts to Manchester, New Hampshire rail service line and the Concord to Lebanon northern passenger rail service line.

Passed House

HB 352 (Bergin)

Would establish limitations on the liability of passenger rail operators and certain liability insurance requirements for passenger rail operators.

New Jersey

AB 2664 (Gusciora, et al.)

Would require New Jersey Transit to study feasibility and estimate costs of rail passenger service between Trenton City and Wall Township along the I-195 corridor and direct allocation of funds from the Transportation Trust Fund.

AB 3266 (Guear, et al.)

Would be referred to as the Safe Railway Stations Act of 2001 and require that certain security and surveillance equipment be installed at passenger railway station property to assure the personal safety of people at or on railway station property owned by the New Jersey Transit Corporation; include a provision for property not owned by the corporation; and authorizes the corporation to enter into agreements with local police departments where transmissions from security and surveillance equipment at railway stations would be received and monitored.

New York

AB 562 (Brodsky, et al.)

Would require the Metropolitan Transportation Authority or any of its subsidiaries (other than New York City Transit Authority) to issue half-fare token to any passenger of its railroad facilities who experience delays in departure or arrival, failure to carry passengers fully to their destination, or failure to have a seat available on passenger cars, or failure to maintain air temperature in passenger cars.

AB 1900 (Weisenberg, et al.)

Would implement a program authorizing the Metropolitan Transportation Authority, in consultation with the Long Island Rail Road, to permit certain police officers, peace officers and criminal investigators employed by (Amtrak) the National Railroad Passenger Corporation to ride the Long Island Rail Road without paying a fare.

AB 2204 (Hoyt, et al.)/SB 1902 (Maziarz, et al.)

Would create the New York State High Speed Rail Commission to produce, among other things, a development plan for high speed rail along the Empire Corridor; provide for membership, organization, purposes, powers (to examine, evaluate and make recommendations concerning specified issues and associated other powers) and reporting; create technical oversight committee; provide for public outreach and report to the Legislature and the governor by March 1, 2004; make an appropriation of $2,000,000; and provide for the repeal of provisions upon expiration.

AB 5867 (Nolan, et al.)/SB 3082 (Padavan)

Would establish a performance indicator poster program to report indicators concerning the quality and quantity of service on a rapid transit route operated by the New York City Transit Authority and on the passenger environment of the subway cars for that route, and at railroad stations operated by the Long Island rail road or the metro-north commuter railroad (operated by the Metro Transit Authority) and the passenger environment of the station and the passenger cars serving said stations.

AB 6376 (Bragman)

Would direct the Department of Transportation to prepare a biennial intercity rail passenger development plan for review and consideration by the Legislature and the governor detailing current, past and projected capital and operating subsidies provided by the state; capital facilities improvements necessary; a performance evaluation; current and proposed route and services plans; and federal funding information.

AB 7674 (Levy, et al.)

Would direct railroad corporations that operate passenger trains in the state to prohibit the use of cellular or wireless telephones by passengers in the first two cars of passenger trains.

AB 8500 (Hoyt)

Would prohibit operating cab of a passenger train on any main line track in non-cab signaled territory unless manned with crew of at least 2 engineers; make a violation a class A misdemeanor; and define main track line and cab signal.

North Carolina

SB 9 (Plyler, et al.)

Would establish the Virginia-North Carolina Interstate High-Speed Rail Commission to determine the desirability and feasibility of establishing high-speed passenger rail service between Virginia and North Carolina and require a report of its findings and any recommendations to the governor and the General Assembly at the end of the 2002 Regular Session of the 2001 General Assembly.

Passed Senate

Oklahoma

SJR 4 (Herbert)

Would impose a tax on gasoline used or consumed in the state of one cent per gallon where revenue will put into the Oklahoma Tourism and Passenger Rail Revolving Fund to extend passenger rail services throughout the state; create the Advisory Committee on Passenger Rail Services whose duty would be to oversee the expenditure of state and federal funds, and funds from other sources, by the department of Transportation relating to passenger rail service in the state; and provide for a ballot title.

Passed Senate

Pennsylvania

SB 664 (Kukovich, et al.)

Would provide for contracts relating to rail passenger service; administer a capital construction grant; establish the Rail Passenger Advisory Panel and the Rail Passenger Fund; and make an appropriation.

SR 48 (Stout, et al.)

Would urge the governor, the Department of Transportation and Amtrak, to take measures to increase the levels of both interstate and intrastate high-speed and conventional passenger rail service and to foster the implementation of intermodal opportunities within the various regions of the Commonwealth and that steps be taken to develop a comprehensive passenger rail plan that considers high-speed and conventional modes, that uses the existing rail structure and that draws upon the collaborative efforts of national, state and regional rail entities as well as the private sector.

Rhode Island

HB 5298 (McNamara, et al.)

Would create a special commission to study high speed rail service between T.F. Green State Airport and Quonset Point.

Passed House

HB6164 (Palumbo, et al.)

Would request Amtrak install a fence along the railroad right of way through the city of Warwick.

Vermont

SJR 46 (Not available)

Would urge the passage of legislation (S 250) to support long-term bonds to provide capital for intercity passenger rail.

Passed House

Virginia

HJR 68 (Not available)

Would request the State Department of Transportation and the State Department of Rail and Public Transportation to identify preferred locations for passenger rail stations along the Interstate Route 66 corridor, potential sources of revenues to support construction of such stations, and necessary legislative and other actions needed to begin the accumulation of financial and other resources required for the construction of those stations.

SJR 234 (Not available)

Would request the Department of Rail and Public Transportation study rail passenger service between Bristol and Richmond and Washington D.C. and verify the validity of the Department's projected cost for capital improvements needed.

Washington

HB 1096 (Mitchell, et al.) [Companion to SB 5224 which was signed by governor]

In Special Session

Failed Legislation

Six pieces of legislation died during this period.

Arkansas

HB 1146 (Milligan)

Would limit liability in rail incidents or accidents involving a for-profit passenger excursion train and require insurance coverage for a for-profit, passenger excursion train.

Florida

HB 507 (Ross, et al.)/ SB 1134 (Laurent, et al.)

Would provide legislative findings, policy, purpose, and intent with respect to the development, financing, construction, and operation of an intrastate high speed rail transportation system in the state; create the Florida High Speed Rail Authority; provide membership, terms, organization, compensation and duties of the authority; designate local areas of the state to be served; and determine the sequence of construction. Would also provide for various authorizations of the authority; specific duties of the Department of Environmental Protection; exempt selected franchises; appropriate funds for the authority; and repeal the Florida High-Speed Rail Transportation Act.

Died in Committee on Fiscal Policy & Resources

SB 212 (Klein)

Would propose a constitution amendment to repeal the provision that requires the development and operation of a high-speed ground transportation system in the state.

Died in Committee on Transportation

Montana

HB 72 (Facey)

Would have created the Montana Rail Passenger Board; established board membership and terms of appointment; and provided for duties including advising the governor, legislature, and the department of transportation on the development of a long-range plan related to increasing commuter passenger rail services in the state; assisting in developing initiatives and strategies to encourage the development and use of intercity and commuter passenger rail service in the state; and acting as a liaison among the state, local governments, railroad industry, and the public; and the board would have terminated on July 1, 2001.

Probably Dead

New Mexico

SB 92 (Garcia)

Would have appropriated funds for a study of proposed Amtrak service between Albuquerque and El Paso.

Died

Virginia

HJR 220 (Not available)

Would have requested the Department of Rail and Public Transportation to study rail passenger service between Bristol and Richmond and Washington DC, with the goal of verifying the validity of the department's projected cost for capital improvements needed to make this rail service a reality, and explore possible sources of funding to support the project.

Died

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