SF 3246

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; commuter rail; authorizing the commissioner to
contract for use of railroad right-of-way; regulating civil liability; amending
Minnesota Statutes 2004, section 174.82.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 174.82, is amended to read:

174.82 COMMISSIONER'S DUTIES.

new text begin The planning, development, construction, operation, and maintenance of commuter
rail track, facilities, and services are essential governmental functions, serve a public
purpose, and are a matter of public necessity. new text end The commissioner shall be responsible for
all aspects of planning, developing, constructing, operating, and maintaining commuter
rail, including system planning, advanced corridor planning, preliminary engineering,
final design, construction, negotiating with railroads, and developing financial and
operating plans. The commissioner may enter into a memorandum of understanding or
agreement with a public or private entity, including a regional railroad authority, a joint
powers board, and a railroad, to carry out these activities. new text begin The commissioner, or public
entity contracting with the commissioner, may contract with a railroad that is a Class I
railroad under federal law for the joint or shared use of the railroad's right-of-way or the
construction, operation, or maintenance of rail track, facilities, or services for commuter
rail purposes. Notwithstanding section 3.732, subdivision 1, clause (2), or section 466.01,
subdivision 6, the Class I railroad and its employees acting under a commuter rail contract
are immune from punitive damages in the same manner as the state or a municipality
under section 3.736, subdivision 3, and section 466.04, subdivision 1, paragraph (b), and
are entitled to indemnification as provided in section 3.736, subdivision 9, and section
466.07. Notwithstanding any law to the contrary, a contract with the Class I railroad for
any commuter rail service, or joint or shared use of the railroad's right-of-way, may also
provide for the allocation of financial responsibility and the procurement of insurance for
the parties for all types of claims or damages. A contract entered into under this section
does not affect rights of employees under the Federal Employers Liability Act.
new text end