Adopt the Midwest Interstate Passenger Rail Compact

sb449_00_IN

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 449

2025-2026

Senators Lang, Antonio

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
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
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
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 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
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 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.