HF 3656

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 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 466.01, subdivision 6, the
liability of a 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 a contract with the commissioner or a public entity
contracting with the commissioner shall be governed by sections 466.04 and 466.06.
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 of 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