Minnesota Legislature
HF 1922
as introduced - 89th Legislature (2015 - 2016) Posted on 03/25/2015 01:59pm
Current Version - as introduced
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A bill for an act
relating to transportation; specifying causes and types of damage for which
railroads are responsible; amending Minnesota Statutes 2014, sections 219.76;
219.761.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 219.76, is amended to read:
219.76 deleted text begin FIREdeleted text end new text begin DAMAGE new text end CAUSED BY deleted text begin ENGINEdeleted text end new text begin TRAIN OR CONTENTSnew text end ;
INSURABLE INTEREST.
A railroad corporation owning or operating a railroad in this state is responsible
in damages to every person and deleted text begin corporationdeleted text end new text begin public or private entity new text end whose property
is deleted text begin injureddeleted text end new text begin damagednew text end or destroyed by fire deleted text begin communicateddeleted text end new text begin spread new text end directly or indirectly by
the locomotive deleted text begin enginesdeleted text end new text begin or rolling stock new text end in use upon its railroad linenew text begin , or contents of the
rolling stock, or caused directly or indirectly by spill, tear, discharge, or combustion of
train contentsnew text end . Each railroad corporation shall have an insurable interest in the property
upon the route of its railroad line and may procure insurance in its own behalf for its
protection against the damages.
Sec. 2.
Minnesota Statutes 2014, section 219.761, is amended to read:
219.761 deleted text begin EXTINGUISHING LOCOMOTIVEdeleted text end new text begin RESPONSE TO
TRAIN-RELATEDnew text end FIREnew text begin OR OTHER EMERGENCYnew text end ; REIMBURSEMENT.
Subdivision 1.
Reimbursement.
A railroad operating in Minnesota is liable for
all reasonable new text begin response new text end expenses deleted text begin of extinguishmentdeleted text end when a fire or deleted text begin fire hazarddeleted text end new text begin other new text end
emergency is proximately caused by a railroad locomotive, rolling stock, or employees on
a railroad right-of-way deleted text begin ordeleted text end new text begin ,new text end operating propertynew text begin , or other propertynew text end . If the fire department deleted text begin of a
local government or nonprofit firefighting corporationdeleted text end deleted text begin extinguishesdeleted text end new text begin or other emergency
responder responds to new text end a fire deleted text begin arising from one occurrencedeleted text end new text begin or responds to another emergency
new text end and deems that it is entitled to reimbursement for its expenses, it shall, within 60 days
after the first full day after deleted text begin extinguishmentdeleted text end new text begin the emergency responsenew text end , give the railroaddeleted text begin ,
by mail,deleted text end written notice stating the circumstances of the fire new text begin or other emergency new text end as then
known. The notice may be given to the railroad at any address at which the owner has an
office, agent, or other place of business in this state. The date of the mailing is the date
or service of the notice.
If after notice and claim for reimbursement, the railroad deleted text begin working the right-of-waydeleted text end
refuses to reimburse the local government or deleted text begin nonprofit firefighting corporationdeleted text end new text begin other
emergency responders new text end for expenses incurred, the claimant may recover by civil action
reasonable expenses, costs, disbursements, and attorney's fees.
Subd. 2.
Information in claim.
All claims must set forth the basis of the claim
including the time, date, place, and circumstances of the claim. A claim must also include
an itemization of costs incurred to extinguish the firenew text begin or respond to the emergencynew text end . The
state Fire Marshal, in consultation with fire department chiefs and representatives of the
interested railroadsnew text begin and representatives of other emergency respondersnew text end , may recommend
that additional information be included in a claim.
Subd. 3.
Other costs, remedies.
(a) If the railroads are required to pay property
taxes pursuant to chapter 272 or any other law, they shall also pay the fees and assessments
required of property owners situated within the same political subdivision for firefighting
and protection expenses.
(b) Neither the enactment of this section nor its subsequent repeal or termination
alters the statutory or common law rights, duties, or obligations of railroad companies
with regard to fires new text begin and other emergencies new text end caused directly or indirectly by a railroad
locomotive, rolling stock, new text begin contents, new text end or new text begin railroad new text end employees on a railroad right-of-way
deleted text begin ordeleted text end new text begin , new text end operating propertynew text begin , or other property, or caused directly or indirectly by spill, tear,
discharge, or combustion of train contentsnew text end .