1.1 	A bill for an act
1.2 	relating to transportation; commuter rail; authorizing the commissioner to 
1.3 	contract for use of railroad right-of-way; regulating civil liability;amending 
1.4 	Minnesota Statutes 2004, section 174.82.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 174.82, is amended to read:
1.7 	174.82 COMMISSIONER'S DUTIES.
1.8 	The planning, development, construction, operation, and maintenance of commuter 
1.9 	rail track, facilities, and services are essential governmental functions, serve a public 
1.10 	purpose, and are a matter of public necessity. The commissioner shall be responsible for 
1.11 	all aspects of planning, developing, constructing, operating, and maintaining commuter 
1.12 	rail, including system planning, advanced corridor planning, preliminary engineering, 
1.13 	final design, construction, negotiating with railroads, and developing financial and 
1.14 	operating plans. The commissioner may enter into a memorandum of understanding or 
1.15 	agreement with a public or private entity, including a regional railroad authority, a joint 
1.16 	powers board, and a railroad, to carry out these activities. The commissioner, or public 
1.17 	entity contracting with the commissioner, may contract with a railroad that is a Class I 
1.18 	railroad under federal law for the joint or shared use of the railroad's right-of-way or the 
1.19 	construction, operation, or maintenance of rail track, facilities, or services for commuter 
1.20 	rail purposes. Notwithstanding section 3.732, subdivision 1, clause (2), or section 466.01, 
1.21 	subdivision 6, the Class I railroad and its employees acting under a commuter rail contract 
1.22 	are immune from punitive damages in the same manner as the state or a municipality 
1.23 	under section 3.736, subdivision 3, and section 466.04, subdivision 1, paragraph (b), and 
1.24 	are entitled to indemnification as provided in section 3.736, subdivision 9, and section 
2.1 	466.07. Notwithstanding any law to the contrary, a contract with the Class I railroad for 
2.2 	any commuter rail service, or joint or shared use of the railroad's right-of-way, may also 
2.3 	provide for the allocation of financial responsibility and the procurement of insurance for 
2.4 	the parties for all types of claims or damages. A contract entered into under this section 
2.5 	does not affect rights of employees under the Federal Employers Liability Act.