SF 3828

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 09:43am

A bill for an act
relating to transportation; requiring rulemaking to establish a schedule of civil
penalties and fines for railroad carriers in violation of railroad safety and other
standards.

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

Section 1. new text begin RAILROAD CARRIER CIVIL PENALTIES AND FINES; RULEMAKING
AUTHORIZATION.
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new text begin (a) The commissioner of transportation must amend Minnesota Rules consistent with
the requirements of this section to adopt a schedule of civil penalties and fines for
noncompliance with statutes, rules, and regulations related to railroad safety, service, and
employment. The commissioner must consult with the Department of Labor and Industry
and the Office of the Attorney General in devising and adopting the schedule and must
receive and consider input from interested stakeholders. The schedule must be adopted no
later than December 31, 2021.
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new text begin (b) The schedule of civil penalties and fines must be categorized for separate assessment
against the following groups:
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new text begin (1) Class I and Class II railroad carriers;
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new text begin (2) Class III railroad carriers; and
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new text begin (3) industry track owners or parties responsible for industry track maintenance.
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new text begin (c) The schedule of civil penalties and fines must be specific to noncompliance in different
railroad disciplines, including but not limited to:
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new text begin (1) track;
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new text begin (2) operations;
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new text begin (3) mechanical;
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new text begin (4) signal; and
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new text begin (5) motive power.
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new text begin (d) The schedule of civil penalties and fines must be assessed at the following levels of
noncompliance:
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new text begin (1) violations; and
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new text begin (2) willful violations.
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new text begin (e) Civil penalties and fines must be assessed progressively at higher rates for each
consecutive violation or willful violation. Repeated violations and willful violations must
be assessed according to comparable federal standards under Code of Federal Regulations,
title 49, sections 200 to 299.
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new text begin (f) The commissioner must adopt rules and procedures requiring the Department of
Transportation to issue a notice of noncompliance to a Class I, Class II, or Class III railroad
carrier that establishes a deadline to bring an unsafe condition into compliance. The
commissioner must adopt rules allowing the Department of Transportation to issue an
emergency order to repair to correct any unsafe condition, including the embargo of a track
due to an unsafe condition that poses an imminent danger to an employee, railroad worker,
or the general public.
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new text begin (g) The commissioner must adopt rules requiring industry track owners and Class I and
Class II railroad carriers to provide industry track service and maintenance agreements to
state inspectors upon request.
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new text begin EFFECTIVE DATE. new text end

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