Bill Text: MN SF1139 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Passenger rail definition and contract authority modification
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2013-03-07 - Referred to Transportation and Public Safety [SF1139 Detail]
Download: Minnesota-2013-SF1139-Introduced.html
1.2relating to transportation; railroads; clarifying the commissioner's passenger rail
1.3duties; providing contract authority;amending Minnesota Statutes 2012, sections
1.4174.632; 174.636.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 174.632, is amended to read:
1.7174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.
1.8 Subdivision 1. Definition. "Passenger rail" means intercity rail passenger
1.9transportation as defined in United States Code, title 49, section 24102 (4).
1.10 Subd. 2. Responsibilities. (a) The planning, design, development, construction,
1.11operation, and maintenance of passenger rail track, facilities, and services are
1.12governmental functions, serve a public purpose, and are a matter of public necessity.
1.13(b) The commissioner is responsible for all aspects of planning, designing,
1.14developing, constructing, equipping, operating, and maintaining passenger rail, including
1.15system planning, alternatives analysis, environmental studies, preliminary engineering,
1.16final design, construction, negotiating with railroads, and developing financial and
1.17operating plans.
1.18(c) The commissioner may enter into a memorandum of understanding or agreement
1.19with a public or private entity, including Amtrak, a regional railroad authority, a joint
1.20powers board, and a railroad, to carry out these activities.
1.21 Sec. 2. Minnesota Statutes 2012, section 174.636, is amended to read:
1.22174.636 PASSENGER RAIL; EXERCISE OF POWER.
2.1 Subdivision 1. Powers.(a) The commissioner has all powers necessary to carry out
2.2the duties specified in section174.632 . In the exercise of those powers, the commissioner
2.3may:
2.4(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law,
2.5all land and property necessary to preserve future passenger rail corridors or to construct,
2.6maintain, and improve passenger rail corridors;
2.7(2) let all necessary contracts as provided by law; and
2.8(3) make agreements with and cooperate with anygovernmental authority public or
2.9private entity, including Amtrak, to carry out statutory duties related to passenger rail.
2.10 Subd. 2. Consultation.(b) The commissioner shall consult with metropolitan
2.11planning organizations and regional rail authorities in areas where passenger rail corridors
2.12are under consideration to ensure that passenger rail services are integrated with existing
2.13rail and transit services and other transportation facilities to provide as nearly as possible
2.14connected, efficient, and integrated services.
2.15 Subd. 3. Authority to contract; liability. The commissioner, or a public entity
2.16contracting with the commissioner, may contract with a railroad as defined in Code of
2.17Federal Regulations, title 49, section 200.3(i), for the joint or shared use of the railroad's
2.18right-of-way or the construction, operation, or maintenance of rail track, facilities, or
2.19services for passenger rail purposes. Notwithstanding section 3.732, subdivision 1, clause
2.20(2), or 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability of a Class I
2.21railroad and its employees arising from the joint or shared use of the railroad right-of-way
2.22or the provision of passenger rail construction, operation, or maintenance services pursuant
2.23to the contract. Notwithstanding any law to the contrary, a contract with a Class I railroad
2.24for any passenger rail service, or joint or shared use of the railroad's right-of-way, may also
2.25provide for the allocation of financial responsibility, indemnification, and the procurement
2.26of insurance for the parties for all types of claims or damages. A contract entered into
2.27under this section does not affect rights of employees under the Federal Employers
2.28Liability Act or the Federal Railway Labor Act, or under any rule or ruling of the United
2.29States Railroad Retirement Board or Occupational Safety and Health Administration.
2.30 Subd. 4. Public hearings. The commissioner shall hold public hearings as required
2.31by federal requirements.
1.3duties; providing contract authority;amending Minnesota Statutes 2012, sections
1.4174.632; 174.636.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 174.632, is amended to read:
1.7174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.
1.8 Subdivision 1. Definition. "Passenger rail" means intercity rail passenger
1.9transportation as defined in United States Code, title 49, section 24102 (4).
1.10 Subd. 2. Responsibilities. (a) The planning, design, development, construction,
1.11operation, and maintenance of passenger rail track, facilities, and services are
1.12governmental functions, serve a public purpose, and are a matter of public necessity.
1.13(b) The commissioner is responsible for all aspects of planning, designing,
1.14developing, constructing, equipping, operating, and maintaining passenger rail, including
1.15system planning, alternatives analysis, environmental studies, preliminary engineering,
1.16final design, construction, negotiating with railroads, and developing financial and
1.17operating plans.
1.18(c) The commissioner may enter into a memorandum of understanding or agreement
1.19with a public or private entity, including Amtrak, a regional railroad authority, a joint
1.20powers board, and a railroad, to carry out these activities.
1.21 Sec. 2. Minnesota Statutes 2012, section 174.636, is amended to read:
1.22174.636 PASSENGER RAIL; EXERCISE OF POWER.
2.1 Subdivision 1. Powers.
2.2the duties specified in section
2.3may:
2.4(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law,
2.5all land and property necessary to preserve future passenger rail corridors or to construct,
2.6maintain, and improve passenger rail corridors;
2.7(2) let all necessary contracts as provided by law; and
2.8(3) make agreements with and cooperate with any
2.9private entity, including Amtrak, to carry out statutory duties related to passenger rail.
2.10 Subd. 2. Consultation.
2.11planning organizations and regional rail authorities in areas where passenger rail corridors
2.12are under consideration to ensure that passenger rail services are integrated with existing
2.13rail and transit services and other transportation facilities to provide as nearly as possible
2.14connected, efficient, and integrated services.
2.15 Subd. 3. Authority to contract; liability. The commissioner, or a public entity
2.16contracting with the commissioner, may contract with a railroad as defined in Code of
2.17Federal Regulations, title 49, section 200.3(i), for the joint or shared use of the railroad's
2.18right-of-way or the construction, operation, or maintenance of rail track, facilities, or
2.19services for passenger rail purposes. Notwithstanding section 3.732, subdivision 1, clause
2.20(2), or 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability of a Class I
2.21railroad and its employees arising from the joint or shared use of the railroad right-of-way
2.22or the provision of passenger rail construction, operation, or maintenance services pursuant
2.23to the contract. Notwithstanding any law to the contrary, a contract with a Class I railroad
2.24for any passenger rail service, or joint or shared use of the railroad's right-of-way, may also
2.25provide for the allocation of financial responsibility, indemnification, and the procurement
2.26of insurance for the parties for all types of claims or damages. A contract entered into
2.27under this section does not affect rights of employees under the Federal Employers
2.28Liability Act or the Federal Railway Labor Act, or under any rule or ruling of the United
2.29States Railroad Retirement Board or Occupational Safety and Health Administration.
2.30 Subd. 4. Public hearings. The commissioner shall hold public hearings as required
2.31by federal requirements.
