OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 488 Bill Analysis
135th General Assembly
Click here for H.B. 488’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Skindell and Ghanbari
Effective date:
Amanda Goodman, Attorney
SUMMARY
 Adopts the Midwest Interstate Passenger Rail Compact, of which Ohio was a party state
beginning in 2002 until its withdrawal in 2013.
 As part of the Compact, provides for the appointment of Ohio members to the Midwest
Interstate Passenger Rail Commission (MIPRC), and enacts provisions governing MIPRC’s
powers and duties, which include advocating for the funding and authorization
necessary to make passenger rail improvements a reality for the Midwest Region.
 Prescribes the appointing authorities for Ohio’s four members on MIPRC, consistent
with the Compact.
 As part of the Compact, specifies procedures for MIPRC financing and member state
default, reinstatement, termination, and withdrawal.
 Specifies severability procedures and rules of construction for purposes of the Compact.
DETAILED ANALYSIS
Midwest Interstate Passenger Rail Compact
The bill ratifies the Midwest Interstate Passenger Rail Compact, of which Ohio was a
party state beginning in 2002 until its withdrawal in 2013. The Compact is a multi-state
agreement that allows joint or cooperative action to do all of the following:
1. Promote development and implementation of improvements to intercity passenger rail
service in the Midwest;
2. Coordinate interaction among Midwestern state elected officials and their designees on
passenger rail issues;
3. Promote development and implementation of long-range plans for high speed rail
passenger service in the Midwest and among other U.S. regions;
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4. 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
5. Support efforts of transportation agencies involved in developing and implementing
passenger rail service in the Midwest.1
Background and Compact formation and withdrawal
The Compact was formed in 2000 when the first three states codified the Compact into
their respective laws. Ohio initially ratified the Compact in 2002 and appointed members to
serve on the Midwest Interstate Passenger Rail Commission (MIPRC). However, Ohio repealed
the Compact’s ratification in 2013, and is no longer a member state.2 In order for a state, such
as Ohio, to withdraw from the Compact, the state must enact a statute repealing the Compact’s
codification. The withdrawal takes place one year after the effective date of the repeal. A
withdrawing state is liable for any obligations which it may have incurred prior to the effective
date of the withdrawal.3
Current MIPRC members are Illinois, Indiana, Kansas, Michigan, Minnesota, Missouri,
North Dakota, and Wisconsin. In addition to Ohio, Iowa, Nebraska, and South Dakota are
eligible to join the Compact via ratification. A state formally joins the Compact when its
legislature codifies the Compact. Any amendments to the Compact are effective when they are
enacted by the legislatures of all member states.4
Midwest Interstate Passenger Rail Commission (MIPRC)
Membership
Pursuant to the Compact, Ohio will appoint new members to MIPRC.5 MIPRC consists of
four resident members (also known as “Commissioners”) of each state as follows:
 The Governor or the Governor’s designee, who serves during the Governor’s tenure or
until a successor is named;
 One member of the private sector who is appointed by the Governor and serves during
the Governor’s tenure or until a successor is named;
 Two legislators, one from each chamber (or two legislators from any unicameral
legislature), who serve two-year terms or until successors are appointed. These
1 R.C. 4981.36, Article I.
2 See Ohio Could Rejoin the Midwest Interstate Passenger Rail Commission, published February 16,
2024, available on the High Speed Rail Alliance’s website: hsrail.org by conducting a keyword “Ohio
MIPRC” search; R.C. 4981.36, Article VIII.
3 R.C. 4981.36, Article IX.
4 See miprc.org; R.C. 4981.36, Article VIII.
5 R.C. 4981.36, Article II.
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members are appointed by the appropriate appointing authority in each legislative
chamber.6
Under the Compact, MIPRC member appointments, terms of office, provisions for
removal and suspension, and the manner of appointment to fill vacancies are determined by
each member state pursuant to its laws. MIPRC members serve without compensation from
MIPRC. Any member appointed to fill a vacancy serves until the end of the incomplete term.
Each member state has equal voting privileges, as determined by MIPRC bylaws. 7
Accordingly, the bill requires the Governor to appoint two members to MIPRC. It also
requires the Speaker of the House of Representatives and the Senate President to each appoint
one member from their respective chambers. However, those two legislative appointees
cannot be from the same political party. The bill specifies that serving as a MIPRC member does
not constitute holding public office or position of employment under Ohio law and does not
constitute grounds for removal of public officers or employees from their offices or positions of
employment.
Each appointing authority may remove a member for misfeasance, malfeasance, or
willful neglect of duty. While members serve without compensation, they may be reimbursed
for the reasonable expenses incurred by them in the discharge of their MIPRC duties.8
Officers
The Compact requires MIPRC to annually elect a Chairperson, Vice-Chairperson (who
must be from a different state than the Chairperson), and others as approved in the MIPRC
bylaws. Officers perform functions and exercise the powers as are specified in the bylaws.9
Meetings
Under the Compact, MIPRC must meet at least once in each calendar year and at any
other time determined by MIPRC. MIPRC business must be conducted in accordance with the
procedures and voting rights specified in the bylaws. 10
Duties and powers
The Compact specifies that MIPRC’s duties (requirements) and powers (authorizations)
are as follows:11
6R.C. 4981.36, Article III. For a list of MIPRC’s current membership, see: MIPRC Roster, available on
MIPRC’s website: miprc.org, and then clicking on “About” and then “Roster.”
7 R.C. 4981.36, Article III.
8 R.C. 4981.361.
9 R.C. 4981.36, Article V.
10 R.C. 4981.36, Article VI.
11 R.C. 4981.36, Article IV.
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Duties
 Advocate for the funding and authorization necessary to make passenger rail
improvements a reality for the Midwest Region;
 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;
 Seek development of a long-term, interstate plan for high speed rail passenger service
implementation;
 Cooperate with other agencies, regions, and entities to ensure that the Midwest is
adequately represented and integrated into national plans for passenger rail
development;
 Adopt bylaws governing the activities and procedures of MIPRC and addressing, among
other subjects: the powers and duties of officers, the voting rights of MIPRC members,
voting procedures, MIPRC business, and any other purposes necessary to fulfill its
duties;
 Expend funds as required to carry out MIPRC’s powers and duties; and
 Report on MIPRC activities to the legislatures and Governor of the member states on an
annual basis.
Additional Powers
 Provide multistate advocacy necessary to implement passenger rail systems or plans, as
approved by MIPRC;
 Work with local elected officials, economic development planning organizations, and
similar entities to raise the visibility of passenger rail service benefits and needs;
 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;
 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;
 Make recommendations to members states;
 If requested by each state participating in a particular project and under the terms of a
formal agreement approved by the participating states and MIPRC, implement or
provide oversight for specific rail projects;
 Establish an office and hire staff as necessary;
 Contract for or provide services;
 Assess dues, in accordance with the terms of the Compact;
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 Conduct research; and
 Establish committees.
MIPRC financing
The Compact specifies that member states must appropriate money to MIPRC necessary
to finance its general operations in carrying forth its duties, responsibilities, and powers. Each
member state must contribute an equal portion for MIPRC’s operation, but the Compact does
not require a member state to participate in financing a rail project unless provided by that
state’s law.
MIPRC may accept donations, gifts, grants, appropriated money, equipment, supplies,
materials, and services, for any of its purposes and functions, from any of the following:
 The federal government;
 Any member state, including any member state department, agency, or municipality;
and
 An institution, person, firm, or corporation.
All expenses incurred by MIPRC in executing its duties must be paid by MIPRC out of the
funds available to it. However, MIPRC cannot issue any debt instrument. MIPRC must submit to
the officer designated by the laws of each member state, periodically as required by the laws of
each member state, a budget of its actual past and estimated future expenditures.12
Other Compact terms
Default, termination, and reinstatement
The Compact specifies that if any member state defaults in the performance of any of its
obligations, assumed or imposed, all rights, privileges, and benefits conferred by the Compact
or agreements pursuant to it are suspended from the effective date of the default as fixed by
MIPRC. MIPRC must stipulate the conditions and maximum time for compliance under which
the defaulting state may resume its regular status.
If the member state does not remedy their default under the stipulations and within the
time period set forth by MIPRC, an affirmative vote of a majority of the other MIPRC members
may terminate the defaulting state’s participation in the Compact and Commission. However,
the defaulting state may be reinstated if MIPRC votes to do so and the state performs all acts
and obligations as stipulated by MIPRC.13
12 R.C. 4981.36, Article VII.
13 R.C. 4981.36, Article IX.
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Construction and severability
The Compact is severable and if any phrase, clause, sentence, or provision of it is
declared to be contrary to any member state’s constitution or the U.S. Constitution, or if a court
finds a provision to be invalid, the validity of the remainder of the Compact and the applicability
is not affected. If the Compact is held contrary to a member state’s constitution, the Compact
remains 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 the Compact are to be liberally
construed to effectuate its purposes.14
HISTORY
Action Date
Introduced 04-10-24
ANHB0488IN-135/ar
14 R.C. 4981.36, Article X.
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As Introduced