SB 449

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  1
  Revised Code to adopt the Midwest Interstate  2
  Passenger Rail Compact.  3
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 4981.36 and 4981.361 of the  4
Revised 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  7
by the state of Ohio with all other states legally joining  8
therein in the form substantially as follows:  9
  "MIDWEST INTERSTATE PASSENGER RAIL COMPACT  10
     The contracting states solemnly agree:  11
  Article I  12
  Statement of Purpose  13
     The purposes of this compact are, through joint or  14
cooperative action:  15
     (A) To promote development and implementation of  16
improvements to intercity passenger rail service in the Midwest;        17
     (B) To coordinate interaction among Midwestern state  18
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As Introduced
elected officials and their designees on passenger rail issues;  19
       (C) To promote development and implementation of long-  20
range plans for high speed rail passenger service in the Midwest  21
and 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  25
and to promote Midwestern interests regarding passenger rail;  26
and  27
       (E) To support efforts of transportation agencies involved  28
in developing and implementing passenger rail service in the  29
Midwest.  30
  Article II  31
  Establishment of Commission  32
       To further the purposes of the compact, a Commission is  33
created to carry out the duties specified in this compact.  34
  Article III  35
  Commission Membership  36
       The manner of appointment of Commission members, terms of  37
office consistent with the terms of this compact, provisions for  38
removal and suspension, and manner of appointment to fill  39
vacancies shall be determined by each party state pursuant to  40
its laws, but each commissioner shall be a resident of the state  41
of appointment. Commission members shall serve without  42
compensation from the Commission.  43
       The Commission shall consist of four resident members of  44
each state as follows: The governor or the governor's designee  45
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As Introduced
who shall serve during the tenure of office of the governor, or  46
until a successor is named; one member of the private sector who  47
shall be appointed by the governor and shall serve during the  48
tenure of office of the governor, or until a successor is named;  49
and two legislators, one from each legislative chamber (or two  50
legislators from any unicameral legislature), who shall serve  51
two-year terms, or until successors are appointed, and who shall  52
be appointed by the appropriate appointing authority in each  53
legislative chamber. All vacancies shall be filled in accordance  54
with the laws of the appointing states. Any commissioner  55
appointed to fill a vacancy shall serve until the end of the  56
incomplete term. Each member state shall have equal voting  57
privileges, as determined by the Commission bylaws.  58
  Article IV  59
  Powers and Duties of the Commission  60
       The duties of the Commission are to:  61
       (1) Advocate for the funding and authorization necessary  62
to make passenger rail improvements a reality for the region;  63
       (2) Identify and seek to develop ways that states can form  64
partnerships, including with rail industry and labor, to  65
implement improved passenger rail in the region;  66
       (3) Seek development of a long-term, interstate plan for  67
high speed rail passenger service implementation;  68
       (4) Cooperate with other agencies, regions and entities to  69
ensure that the Midwest is adequately represented and integrated  70
into national plans for passenger rail development;  71
       (5) Adopt bylaws governing the activities and procedures  72
of the Commission and addressing, among other subjects: the  73
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As Introduced
powers and duties of officers; the voting rights of Commission  74
members, voting procedures, Commission business, and any other  75
purposes necessary to fulfill the duties of the Commission;  76
       (6) Expend such funds as required to carry out the powers  77
and duties of the Commission; and  78
       (7) Report on the activities of the Commission to the  79
legislatures and governor of the member states on an annual  80
basis.  81
       In addition to its exercise of these duties, the  82
Commission is empowered to:  83
       (1) Provide multistate advocacy necessary to implement  84
passenger rail systems or plans, as approved by the Commission;  85
       (2) Work with local elected officials, economic  86
development planning organizations, and similar entities to  87
raise the visibility of passenger rail service benefits and  88
needs;  89
       (3) Educate other state officials, federal agencies, other  90
elected officials and the public on the advantages of passenger  91
rail as an integral part of an intermodal transportation system  92
in the region;  93
       (4) Work with federal agency officials and Members of  94
Congress to ensure the funding and authorization necessary to  95
develop a long-term, interstate plan for high speed rail  96
passenger service implementation.  97
       (5) Make recommendations to members states;  98
       (6) If requested by each state participating in a  99
particular project and under the terms of a formal agreement  100
approved by the participating states and the Commission,  101
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As Introduced
implement or provide oversight for specific rail projects;  102
       (7) Establish an office and hire staff as necessary;  103
       (8) Contract for or provide services;  104
       (9) Assess dues, in accordance with the terms of this  105
compact;  106
       (10) Conduct research; and  107
       (11) Establish committees.  108
  Article V  109
  Officers  110
       The Commission shall annually elect from among its members  111
a chair, a vice-chair who shall not be a resident of the state  112
represented by the chair, and others as approved in the  113
Commission bylaws. The officers shall perform such functions and  114
exercise such powers as are specified in the Commission bylaws.  115
  Article VI  116
  Meetings and Commission Administration  117
       The Commission shall meet at least once in each calendar  118
year, and at such other times as may be determined by the  119
Commission. Commission business shall be conducted in accordance  120
with the procedures and voting rights specified in the bylaws.  121
  Article VII  122
  Finance  123
       Except as otherwise provided for, the monies necessary to  124
finance the general operations of the Commission in carrying  125
forth its duties, responsibilities and powers as stated herein  126
shall be appropriated to the Commission by the compacting  127
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As Introduced
states, when authorized by the respective legislatures, by equal  128
apportionment among the compacting states. Nothing in this  129
compact shall be construed to commit a member state to  130
participate in financing a rail project except as provided by  131
law of a member state.  132
       The Commission may accept, for any of its purposes and  133
functions, donations, gifts, grants, and appropriations of  134
money, equipment, supplies, materials and services from the  135
federal government, from any party state or from any department,  136
agency, or municipality thereof, or from any institution,  137
person, firm, or corporation. All expenses incurred by the  138
Commission in executing the duties imposed upon it by this  139
compact shall be paid by the Commission out of the funds  140
available to it. The Commission shall not issue any debt  141
instrument. The Commission shall submit to the officer  142
designated by the laws of each party state, periodically as  143
required by the laws of each party state, a budget of its actual  144
past and estimated future expenditures.  145
  Article VIII  146
  Enactment, Effective Date and Amendments  147
       The states of Illinois, Indiana, Iowa, Kansas, Michigan,  148
Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota  149
and Wisconsin are eligible to join this compact. Upon approval  150
of the Commission, according to its bylaws, other states may  151
also be declared eligible to join the compact. As to any  152
eligible party state, this compact shall become effective when  153
its legislature shall have enacted the same into law; provided  154
that it shall not become initially effective until enacted into  155
law by any three (3) party states incorporating the provisions  156
of this compact into the laws of such states. Amendments to the  157
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compact shall become effective upon their enactment by the  158
legislatures of all compacting states.  159
  Article IX  160
  Withdrawal, Default and Termination  161
       Withdrawal from this compact shall be by enactment of a  162
statute repealing the same and shall take effect one year after  163
the effective date of such statute. A withdrawing state shall be  164
liable for any obligations which it may have incurred prior to  165
the effective date of withdrawal. If any compacting state shall  166
at any time default in the performance of any of its  167
obligations, assumed or imposed, in accordance with the  168
provisions of this compact, all rights, privileges and benefits  169
conferred by this compact or agreements hereunder shall be  170
suspended from the effective date of such default as fixed by  171
the Commission, and the Commission shall stipulate the  172
conditions and maximum time for compliance under which the  173
defaulting state may resume its regular status. Unless such  174
default shall be remedied under the stipulations and within the  175
time period set forth by the Commission, this compact may be  176
terminated with respect to such defaulting state by affirmative  177
vote of a majority of the other Commission members. Any such  178
defaulting state may be reinstated, upon vote of the Commission,  179
by performing all acts and obligations as stipulated by the  180
Commission.  181
  Article X  182
  Construction and Severability  183
       The provisions of this compact entered into hereunder  184
shall be severable and if any phrase, clause, sentence or  185
provision of this compact is declared to be contrary to the  186
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As Introduced
constitution of any compacting state or of the United States or  187
the applicability thereof to any government, agency, person or  188
circumstance is held invalid, the validity of the remainder of  189
this compact and the applicability thereof to any government,  190
agency, person or circumstance shall not be affected hereby. If  191
this compact entered into hereunder shall be held contrary to  192
the constitution of any compacting state, the compact shall  193
remain in full force and effect as to the remaining states and  194
in full force and effect as to the state affected as to all  195
severable matters. The provisions of this compact entered into  196
pursuant hereto shall be liberally construed to effectuate the  197
purposes thereof."  198
       Sec. 4981.361. In pursuance of Articles II and III of the  199
Midwest Interstate Passenger Rail Compact, as set forth in  200
section 4981.36 of the Revised Code, there shall be four members  201
of the commission from this state.  202
       The governor shall appoint two members as set forth in  203
Article III of the compact. The terms of office for the  204
governor's appointments shall be in accordance with Article III  205
of the compact.  206
       The speaker of the house of representatives and the  207
president of the senate each shall appoint one member from their  208
respective houses of the general assembly to serve as a member  209
of the commission, but the two appointees shall not be members  210
of the same political party. Terms of office for legislative  211
appointees shall be in accordance with Article III of the  212
compact.  213
       Any member shall continue in office subsequent to the  214
expiration of the member's term until a successor is appointed.  215
Vacancies in the commission shall be filled in the same manner  216
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As Introduced
as original selections are made. Any member of the commission  217
may be reappointed.  218
        Except for the purposes of Chapters 102., 2744., and 2921.  219
of the Revised Code, serving as a member of the commission does  220
not constitute holding a public office or position of employment  221
under the laws of this state and does not constitute grounds for  222
removal of public officers or employees from their offices or  223
positions of employment.  224
        The governor, speaker, or president may remove a member  225
for whom the governor, speaker, or president was the appointing  226
authority, for misfeasance, malfeasance, or willful neglect of  227
duty.  228
        Members of the commission shall serve without  229
compensation, but shall be reimbursed for the reasonable  230
expenses incurred by them in the discharge of their duties as  231
members of the commission.  232