HF 2230

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2017 04:08pm

A bill for an act
relating to transportation; authorizing the Metropolitan Council and counties to
contract for use of railroad or mass transit right-of-way; regulating civil liability;
proposing coding for new law in Minnesota Statutes, chapter 473.

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

Section 1.

[473.4052] RIGHTS-OF-WAY USE; CONTRACTS.

(a) The council or a metropolitan county, or public entity contracting with the council
or county, may contract with a railroad that is a Class I, Class II, or Class III railroad under
federal law for the joint or shared use of the council's or county's right-of-way used for
commuter rail, light rail transit, or freight rail purposes or for the construction, operation,
or maintenance of rail track, facilities, or services for freight rail purposes.

(b) Notwithstanding any law to the contrary, a contract with the Class I, Class II, or
Class III railroad for joint or shared use of the council's or county'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. The liability limits under
section 466.04 apply to all types of claims or damages arising from Class I, Class II, or
Class III freight rail operations under this section.

(c) A contract entered into under this section does not affect rights of employees under
the federal Employers' Liability Act (1908) (Railroads), Statutes at Large, volume 35, chapter
149, or the federal Railway Labor Act, Statutes at Large, volume 44, chapter 347.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.