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| To enact sections 4981.36 and 4981.361 of the Revised | 1 |
| Code to adopt the Midwest Interstate Passenger Rail | 2 |
| Compact. | 3 |
| Section 1. That sections 4981.36 and 4981.361 of the Revised | 4 |
| Code be enacted to read as follows: | 5 |
| Sec. 4981.36. The "Midwest Interstate Passenger Rail | 6 |
| Compact" is hereby ratified, enacted into law, and entered into by | 7 |
| the state of Ohio with all other states legally joining therein in | 8 |
| the form substantially as follows: | 9 |
| "MIDWEST INTERSTATE PASSENGER RAIL COMPACT | 10 |
| The contracting states solemnly agree: | 11 |
| 12 |
| 13 |
| The purposes of this compact are, through joint or | 14 |
| cooperative action: | 15 |
| A) To promote development and implementation of improvements | 16 |
| to intercity passenger rail service in the Midwest; | 17 |
| B) To coordinate interaction among Midwestern state elected | 18 |
| officials and their designees on passenger rail issues; | 19 |
| C) To promote development and implementation of long-range | 20 |
| plans for high speed rail passenger service in the Midwest and | 21 |
| among other regions of the United States; | 22 |
| D) To work with the public and private sectors at the | 23 |
| federal, state and local levels to ensure coordination among the | 24 |
| various entities having an interest in passenger rail service and | 25 |
| to promote Midwestern interests regarding passenger rail; and | 26 |
| E) To support efforts of transportation agencies involved in | 27 |
| developing and implementing passenger rail service in the Midwest. | 28 |
| 29 |
| 30 |
| To further the purposes of the compact, a Commission is | 31 |
| created to carry out the duties specified in this compact. | 32 |
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| 34 |
| The manner of appointment of Commission members, terms of | 35 |
| office consistent with the terms of this compact, provisions for | 36 |
| removal and suspension, and manner of appointment to fill | 37 |
| vacancies shall be determined by each party state pursuant to its | 38 |
| laws, but each commissioner shall be a resident of the state of | 39 |
| appointment. Commission members shall serve without compensation | 40 |
| from the Commission. | 41 |
| The Commission shall consist of four resident members of each | 42 |
| state as follows: The governor or the governor's designee who | 43 |
| shall serve during the tenure of office of the governor, or until | 44 |
| a successor is named; one member of the private sector who shall | 45 |
| be appointed by the governor and shall serve during the tenure of | 46 |
| office of the governor, or until a successor is named; and two | 47 |
| legislators, one from each legislative chamber (or two legislators | 48 |
| from any unicameral legislature), who shall serve two-year terms, | 49 |
| or until successors are appointed, and who shall be appointed by | 50 |
| the appropriate appointing authority in each legislative chamber. | 51 |
| All vacancies shall be filled in accordance with the laws of the | 52 |
| appointing states. Any commissioner appointed to fill a vacancy | 53 |
| shall serve until the end of the incomplete term. Each member | 54 |
| state shall have equal voting privileges, as determined by the | 55 |
| Commission bylaws. | 56 |
| 57 |
| 58 |
| The duties of the Commission are to: | 59 |
| 1) Advocate for the funding and authorization necessary to | 60 |
| make passenger rail improvements a reality for the region; | 61 |
| 2) Identify and seek to develop ways that states can form | 62 |
| partnerships, including with rail industry and labor, to implement | 63 |
| improved passenger rail in the region; | 64 |
| 3) Seek development of a long-term, interstate plan for high | 65 |
| speed rail passenger service implementation; | 66 |
| 4) Cooperate with other agencies, regions and entities to | 67 |
| ensure that the Midwest is adequately represented and integrated | 68 |
| into national plans for passenger rail development; | 69 |
| 5) Adopt bylaws governing the activities and procedures of | 70 |
| the Commission and addressing, among other subjects: the powers | 71 |
| and duties of officers; the voting rights of Commission members, | 72 |
| voting procedures, Commission business, and any other purposes | 73 |
| necessary to fulfill the duties of the Commission; | 74 |
| 6) Expend such funds as required to carry out the powers and | 75 |
| duties of the Commission; and | 76 |
| 7) Report on the activities of the Commission to the | 77 |
| legislatures and governor of the member states on an annual basis. | 78 |
| In addition to its exercise of these duties, the Commission | 79 |
| is empowered to: | 80 |
| 1) Provide multistate advocacy necessary to implement | 81 |
| passenger rail systems or plans, as approved by the Commission; | 82 |
| 2) Work with local elected officials, economic development | 83 |
| planning organizations, and similar entities to raise the | 84 |
| visibility of passenger rail service benefits and needs; | 85 |
| 3) Educate other state officials, federal agencies, other | 86 |
| elected officials and the public on the advantages of passenger | 87 |
| rail as an integral part of an intermodal transportation system in | 88 |
| the region; | 89 |
| 4) Work with federal agency officials and Members of | 90 |
| Congress to ensure the funding and authorization necessary to | 91 |
| develop a long-term, interstate plan for high speed rail passenger | 92 |
| service implementation. | 93 |
| 5) Make recommendations to members states; | 94 |
| 6) If requested by each state participating in a particular | 95 |
| project and under the terms of a formal agreement approved by the | 96 |
| participating states and the Commission, implement or provide | 97 |
| oversight for specific rail projects; | 98 |
| 7) Establish an office and hire staff as necessary; | 99 |
| 8) Contract for or provide services; | 100 |
| 9) Assess dues, in accordance with the terms of this | 101 |
| compact; | 102 |
| 10) Conduct research; and | 103 |
| 11) Establish committees. | 104 |
| 105 |
| 106 |
| The Commission shall annually elect from among its members a | 107 |
| chair, a vice-chair who shall not be a resident of the state | 108 |
| represented by the chair, and others as approved in the Commission | 109 |
| bylaws. The officers shall perform such functions and exercise | 110 |
| such powers as are specified in the Commission bylaws. | 111 |
| 112 |
| 113 |
| The Commission shall meet at least once in each calendar | 114 |
| year, and at such other times as may be determined by the | 115 |
| Commission. Commission business shall be conducted in accordance | 116 |
| with the procedures and voting rights specified in the bylaws. | 117 |
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| Except as otherwise provided for, the monies necessary to | 120 |
| finance the general operations of the Commission in carrying forth | 121 |
| its duties, responsibilities and powers as stated herein shall be | 122 |
| appropriated to the Commission by the compacting states, when | 123 |
| authorized by the respective legislatures, by equal apportionment | 124 |
| among the compacting states. Nothing in this compact shall be | 125 |
| construed to commit a member state to participate in financing a | 126 |
| rail project except as provided by law of a member state. | 127 |
| The Commission may accept, for any of its purposes and | 128 |
| functions, donations, gifts, grants, and appropriations of money, | 129 |
| equipment, supplies, materials and services from the federal | 130 |
| government, from any party state or from any department, agency, | 131 |
| or municipality thereof, or from any institution, person, firm, or | 132 |
| corporation. All expenses incurred by the Commission in executing | 133 |
| the duties imposed upon it by this compact shall be paid by the | 134 |
| Commission out of the funds available to it. The Commission shall | 135 |
| not issue any debt instrument. The Commission shall submit to the | 136 |
| officer designated by the laws of each party state, periodically | 137 |
| as required by the laws of each party state, a budget of its | 138 |
| actual past and estimated future expenditures. | 139 |
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| The states of Illinois, Indiana, Iowa, Kansas, Michigan, | 142 |
| Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota | 143 |
| and Wisconsin are eligible to join this compact. Upon approval of | 144 |
| the Commission, according to its bylaws, other states may also be | 145 |
| declared eligible to join the compact. As to any eligible party | 146 |
| state, this compact shall become effective when its legislature | 147 |
| shall have enacted the same into law; provided that it shall not | 148 |
| become initially effective until enacted into law by any three (3) | 149 |
| party states incorporating the provisions of this compact into the | 150 |
| laws of such states. Amendments to the compact shall become | 151 |
| effective upon their enactment by the legislatures of all | 152 |
| compacting states. | 153 |
| 154 |
| 155 |
| Withdrawal from this compact shall be by enactment of a | 156 |
| statute repealing the same and shall take effect one year after | 157 |
| the effective date of such statute. A withdrawing state shall be | 158 |
| liable for any obligations which it may have incurred prior to the | 159 |
| effective date of withdrawal. | 160 |
| If any compacting state shall at any time default in the | 161 |
| performance of any of its obligations, assumed or imposed, in | 162 |
| accordance with the provisions of this compact, all rights, | 163 |
| privileges and benefits conferred by this compact or agreements | 164 |
| hereunder shall be suspended from the effective date of such | 165 |
| default as fixed by the Commission, and the Commission shall | 166 |
| stipulate the conditions and maximum time for compliance under | 167 |
| which the defaulting state may resume its regular status. Unless | 168 |
| such default shall be remedied under the stipulations and within | 169 |
| the time period set forth by the Commission, this compact may be | 170 |
| terminated with respect to such defaulting state by affirmative | 171 |
| vote of a majority of the other Commission members. Any such | 172 |
| defaulting state may be reinstated, upon vote of the Commission, | 173 |
| by performing all acts and obligations as stipulated by the | 174 |
| Commission. | 175 |
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| The provisions of this compact entered into hereunder shall | 178 |
| be severable and if any phrase, clause, sentence or provision of | 179 |
| this compact is declared to be contrary to the constitution of any | 180 |
| compacting state or of the United States or the applicability | 181 |
| thereof to any government, agency, person or circumstance is held | 182 |
| invalid, the validity of the remainder of this compact and the | 183 |
| applicability thereof to any government, agency, person or | 184 |
| circumstance shall not be affected hereby. If this compact | 185 |
| entered into hereunder shall be held contrary to the constitution | 186 |
| of any compacting state, the compact shall remain in full force | 187 |
| and effect as to the remaining states and in full force and effect | 188 |
| as to the state affected as to all severable matters. The | 189 |
| provisions of this compact entered into pursuant hereto shall be | 190 |
| liberally construed to effectuate the purposes thereof." | 191 |
| Sec. 4981.361. In pursuance of Articles II and III of the | 192 |
| Midwest Interstate Passenger Rail Compact, as set forth in section | 193 |
| 4981.36 of the Revised Code, there shall be four members of the | 194 |
| commission from this state. | 195 |
| The governor shall appoint two members as set forth in | 196 |
| Article III of the compact. The terms of office for the | 197 |
| governor's appointments shall be in accordance with Article III of | 198 |
| the compact. | 199 |
| The speaker of the house of representatives and the president | 200 |
| of the senate each shall appoint one member from their respective | 201 |
| houses of the general assembly to serve as a member of the | 202 |
| commission, but the two appointees shall not be members of the | 203 |
| same political party. Terms of office for legislative appointees | 204 |
| shall be in accordance with Article III of the compact. | 205 |
| Any member shall continue in office subsequent to the | 206 |
| expiration of the member's term until a successor is appointed. | 207 |
| Vacancies in the commission shall be filled in the same manner as | 208 |
| original selections are made. Any member of the commission may be | 209 |
| reappointed. | 210 |
| Except for the purposes of Chapters 102., 2744., and 2921. of | 211 |
| the Revised Code, serving as a member of the commission does not | 212 |
| constitute holding a public office or position of employment under | 213 |
| the laws of this state and does not constitute grounds for removal | 214 |
| of public officers or employees from their offices or positions of | 215 |
| employment. | 216 |
| The governor, speaker, or president may remove a member for | 217 |
| whom the governor, speaker, or president was the appointing | 218 |
| authority, for misfeasance, malfeasance, or willful neglect of | 219 |
| duty. | 220 |
| Members of the commission shall serve without compensation, | 221 |
| but shall be reimbursed for the reasonable expenses incurred by | 222 |
| them in the discharge of their duties as members of the | 223 |
| commission. | 224 |