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SF 1203

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:59am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to railroads; modifying provisions relating to duties of commissioner
of transportation regarding passenger railroads; amending Minnesota Statutes
2010, section 174.632.

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

Section 1.

Minnesota Statutes 2010, section 174.632, is amended to read:


174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.

(a) The planning, design, development, construction, operation, and maintenance of
passenger rail track, facilities, and services are governmental functions, serve a public
purpose, and are a matter of public necessity.

(b) The commissioner is responsible for all aspects of planning, designing,
developing, constructing, equipping, operating, and maintaining passenger rail, including
system planning, alternatives analysis, environmental studies, preliminary engineering,
final design, construction, negotiating with railroads, and developing financial and
operating plans.

(c) 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 (d) If the commissioner undertakes planning, construction, operation, or maintenance
of passenger rail track, facilities, and services, or contracts with another for these
activities, then the commissioner shall preserve all railroad employee rights under the
following federal laws:
new text end

new text begin (1) Railway Labor Act, United States Code, title 45, chapter 8;
new text end

new text begin (2) Federal Employers' Liability Act (Railroads), United States Code, title 45,
chapter 2;
new text end

new text begin (3) railroad retirement and unemployment insurance and benefits administered by
the United States Railroad Retirement Board;
 new text end

new text begin (4) Americans with Disabilities Act, United States Code, title 42, chapter 126;
new text end

new text begin (5) Federal Railroad Safety Act of 1970, United States Code, title 49, subtitle V,
Part A, as amended; and
new text end

new text begin (6) Occupational Health and Safety Act of 1970, United States Code, title 29,
section 651 et seq.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end