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SF 3246

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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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 endThe 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 section 466.01, subdivision 6,
sections 466.04 and 466.06 govern the liability of the 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 the contract.
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 for 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 or the federal Railway Labor Act.
new text end