HF 3630

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; providing that a contract for commuter rail may not
include tort immunity for a class I railroad; amending Minnesota Statutes 2006,
section 174.82.

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

Section 1.

Minnesota Statutes 2006, section 174.82, is amended to read:

174.82 COMMUTER RAIL; COMMISSIONER'S DUTIES; CONTRACTS;
LIABILITIES, RIGHTS, AND FINANCIAL CONSIDERATIONS.

The planning, development, construction, operation, and maintenance of commuter
rail track, facilities, and services are governmental functions, serve a public purpose, and
are a matter of public necessity. 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. 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.
deleted text begin Notwithstanding section 3.732, subdivision 1, clause (2), or section 466.01, subdivision 6,
sections 466.04 and 466.06 govern the liability of the Class I railroad and its employees
arising from the joint or shared use of the railroad right-of-way or the provision of
commuter rail construction, operation, or maintenance services pursuant to the contract. deleted text end
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, indemnification, and the procurement
of insurance for the parties for all types of claims or damages new text begin , provided that the contract
may not cap allowable damages or grant immunity, in whole or in part, to the Class I
railroad for any action arising out of negligence or other tort claim against the railroad
or its subsidiaries new text end . A contract entered into under this section does not affect rights of
employees under the Federal Employers Liability Act or the federal Railway Labor Act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2007.
new text end