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SF 3246

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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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 essential 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 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. A railroad and its employees
permitting the joint or shared use of the railroad's right-of-way or providing commuter rail
construction, operation, or maintenance services under a contract with the commissioner
or a public entity must be afforded the immunities and liabilities of a public entity and its
employees, including the immunities provided under chapter 466. Notwithstanding any
other law to the contrary, a contract with the 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 and the procurement of insurance for the parties for all types of
claims or damages.
new text end