The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 212As Passed by the Senate
As Passed by the Senate
124th General Assembly | Regular Session | 2000-2001 |
| |
SENATORS Armbruster, Jacobson, DiDonato, Goodman, Spada, Mumper, Harris, Mead, Hagan, Brady, Furney, Fingerhut, Robert Gardner, Herington, Roberts, Prentiss, Ryan
A BILL
To enact sections 4981.36 and 4981.361 of the Revised
Code to
adopt the Midwest Interstate Passenger
Rail
Compact.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4981.36 and 4981.361 of the Revised
Code be enacted
to read as follows:
Sec. 4981.36. The
"Midwest
Interstate
Passenger
Rail
Compact" is hereby
ratified, enacted into law, and entered into by
the state of Ohio
with all other states legally joining therein in
the form substantially as
follows: "MIDWEST INTERSTATE PASSENGER RAIL COMPACT The contracting states solemnly agree: Article IStatement of PurposeThe 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 IIEstablishment of CommissionTo further the purposes of the compact, a Commission is
created to
carry out the duties specified in this compact. Article IIICommission MembershipThe 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 IVPowers and Duties of the CommissionThe 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 governor 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 members 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 VOfficersThe 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 VIMeetings and Commission AdministrationThe 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 VIIFinanceExcept as otherwise provided for, the monies 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 VIIIEnactment, Effective Date and
AmendmentsThe 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 IXWithdrawal, Default and TerminationWithdrawal 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 XConstruction and SeverabilityThe 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 to the state affected as to
all severable matters. The
provisions of this compact entered into pursuant
hereto shall be
liberally construed to effectuate the purposes thereof."
Sec. 4981.361. In pursuance of Articles II and
III of the
Midwest Interstate Passenger
Rail Compact,
as set forth in section
4981.36 of the Revised
Code,
there shall be four members of the
commission from this state. The governor shall appoint two members as set forth in
Article
III
of the compact. The terms of office for the
governor's appointments
shall be in accordance with Article III of
the compact. The speaker of the house of representatives and the president
of
the senate each shall appoint one member from their respective
houses of
the general assembly to serve as a member of the
commission, but the two
appointees shall not be members of the
same political party.
Terms of office for legislative appointees
shall be in accordance with
Article III of the compact. Any member shall continue in office subsequent to the
expiration of the member's term until a successor is appointed.
Vacancies in the commission shall be filled in the same manner as
original selections are made. Any member of the commission may be
reappointed. Except for the purposes of Chapters 102., 2744., and 2921. of
the
Revised Code, serving as a member of the commission
does not
constitute holding a public office or position of employment under
the laws of this state and does not
constitute grounds for removal
of public officers or employees
from their offices or positions of
employment. The governor, speaker, or president may remove a member for
whom
the governor, speaker, or president was the appointing
authority, for
misfeasance, malfeasance, or willful neglect of
duty. Members of the commission shall serve without compensation,
but
shall be reimbursed for the reasonable expenses incurred by
them in the
discharge of their duties as members of the
commission.
|
|