Minnesota Legislature
SF 1705
2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 09/29/2015 03:25pm
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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 deleted text begin corporation owning ordeleted text end operating deleted text begin a railroaddeleted text end in this state is responsible in
damages to every person new text begin who is injured new text end and deleted text begin corporationdeleted text end new text begin public or private entity or person
new text end whose property is injurednew text begin , damaged,new 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 deleted text begin corporationdeleted text end 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.
new text begin (a)new text end A railroad operating in Minnesota is liable for
all reasonable expenses of deleted text begin extinguishment whendeleted text end a fire or deleted text begin fire hazarddeleted text end new text begin othernew text end emergency new text begin thatnew text end
is proximately caused by a railroad locomotive, rolling stock new text begin or its contentsnew text end , 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 deleted text begin the fire departmentdeleted text end
deleted text begin of a local government or nonprofit firefighting corporation extinguishesdeleted text end new text begin an emergency
responder, local government entity, or nonprofit firefighting corporation responds tonew 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.new text begin For purposes of this paragraph, reasonable response expenses include all expenses
incurred by a fire department or other emergency responder in supplying mutual aid
assistance, regardless of whether the fire department or emergency responder is entitled
to reimbursement from the entity requesting assistance.
new text end
new text begin (b) new text end If after notice and claim for reimbursement, the railroad deleted text begin working the right-of-waydeleted text end
refuses to reimburse the local governmentnew text begin ,new text end or nonprofit firefighting corporationnew text begin , or 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 deleted text begin anddeleted text end new text begin ,new text end representatives of the
interested railroadsnew text begin , representatives of local government entities, nonprofit firefighting
corporations, and 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 .