Bill Text: MN SF2071 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Passenger rail duties clarification and contract authority modification
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-02-23 - Referred to Transportation [SF2071 Detail]
Download: Minnesota-2011-SF2071-Introduced.html
1.2relating to transportation;amending Minnesota Statutes 2010, sections 174.632;
1.3174.636.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 174.632, is amended to read:
1.6174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.
1.7 Subdivision 1. Definition. "Passenger rail" means intercity rail passenger
1.8transportation as defined in United States Code, title 49, section 24102 (4).
1.9 Subd. 2. Planning. The commissioner shall develop and maintain a comprehensive
1.10statewide freight and passenger rail plan as required by section 174.03, subdivision 1b.
1.11 Subd. 3. Responsibilities. (a) The planning, design, development, construction,
1.12operation, and maintenance of passenger rail track, facilities, and services are
1.13governmental functions, serve a public purpose, and are a matter of public necessity.
1.14(b) The commissioner is responsible for all aspects of planning, designing,
1.15developing, constructing, equipping, operating, and maintaining passenger rail, including
1.16system planning, alternatives analysis, environmental studies, preliminary engineering,
1.17final design, construction, negotiating with railroads, and developing financial and
1.18operating plans.
1.19(c) The commissioner may enter into a memorandum of understanding or agreement
1.20with a public or private entity, including Amtrak, a regional railroad authority, a joint
1.21powers board, and a railroad, to carry out these activities.
2.1 Sec. 2. Minnesota Statutes 2010, section 174.636, is amended to read:
2.2174.636 PASSENGER RAIL; EXERCISE OF POWER.
2.3 Subdivision 1. Powers.(a) The commissioner has all powers necessary to carry out
2.4the duties specified in section174.632 . In the exercise of those powers, the commissioner
2.5may:
2.6(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law,
2.7all land and property necessary to preserve future passenger rail corridors or to construct,
2.8maintain, and improve passenger rail corridors;
2.9(2) let all necessary contracts as provided by law; and
2.10(3) make agreements with and cooperate with anygovernmental authority public or
2.11private entity, including Amtrak, to carry out statutory duties related to passenger rail.
2.12 Subd. 2. Consultation.(b) The commissioner shall consult with metropolitan
2.13planning organizations and regional rail authorities in areas where passenger rail corridors
2.14are under consideration to ensure that passenger rail services are integrated with existing
2.15rail and transit services and other transportation facilities to provide as nearly as possible
2.16connected, efficient, and integrated services.
2.17 Subd. 3. Authority to contract; liability. The commissioner, or a public entity
2.18contracting with the commissioner, may contract with a railroad as defined in Code of
2.19Federal Regulations, title 49, section 200.3(i), for the joint or shared use of the railroad's
2.20right-of-way or the construction, operation, or maintenance of rail track, facilities, or
2.21services for passenger rail purposes. Notwithstanding section 3.732, subdivision 1, clause
2.22(2), or 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability of a Class I
2.23railroad and its employees arising from the joint or shared use of the railroad right-of-way
2.24or the provision of passenger rail construction, operation, or maintenance services
2.25pursuant to the contract. Notwithstanding any law to the contrary, a contract with a Class I
2.26railroad for any passenger rail service, or joint or shared use of the railroad's right-of-way,
2.27may also provide for the allocation of financial responsibility, indemnification, and the
2.28procurement of insurance for the parties for all types of claims or damages. A contract
2.29entered into under this section does not affect rights of employees under the Federal
2.30Employers Liability Act or the Federal Railway Labor Act.
2.31 Subd. 4. Public hearings. The commissioner shall hold public hearings as required
2.32by federal requirements.
1.3174.636.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 174.632, is amended to read:
1.6174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.
1.7 Subdivision 1. Definition. "Passenger rail" means intercity rail passenger
1.8transportation as defined in United States Code, title 49, section 24102 (4).
1.9 Subd. 2. Planning. The commissioner shall develop and maintain a comprehensive
1.10statewide freight and passenger rail plan as required by section 174.03, subdivision 1b.
1.11 Subd. 3. Responsibilities. (a) The planning, design, development, construction,
1.12operation, and maintenance of passenger rail track, facilities, and services are
1.13governmental functions, serve a public purpose, and are a matter of public necessity.
1.14(b) The commissioner is responsible for all aspects of planning, designing,
1.15developing, constructing, equipping, operating, and maintaining passenger rail, including
1.16system planning, alternatives analysis, environmental studies, preliminary engineering,
1.17final design, construction, negotiating with railroads, and developing financial and
1.18operating plans.
1.19(c) The commissioner may enter into a memorandum of understanding or agreement
1.20with a public or private entity, including Amtrak, a regional railroad authority, a joint
1.21powers board, and a railroad, to carry out these activities.
2.1 Sec. 2. Minnesota Statutes 2010, section 174.636, is amended to read:
2.2174.636 PASSENGER RAIL; EXERCISE OF POWER.
2.3 Subdivision 1. Powers.
2.4the duties specified in section
2.5may:
2.6(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law,
2.7all land and property necessary to preserve future passenger rail corridors or to construct,
2.8maintain, and improve passenger rail corridors;
2.9(2) let all necessary contracts as provided by law; and
2.10(3) make agreements with and cooperate with any
2.11private entity, including Amtrak, to carry out statutory duties related to passenger rail.
2.12 Subd. 2. Consultation.
2.13planning organizations and regional rail authorities in areas where passenger rail corridors
2.14are under consideration to ensure that passenger rail services are integrated with existing
2.15rail and transit services and other transportation facilities to provide as nearly as possible
2.16connected, efficient, and integrated services.
2.17 Subd. 3. Authority to contract; liability. The commissioner, or a public entity
2.18contracting with the commissioner, may contract with a railroad as defined in Code of
2.19Federal Regulations, title 49, section 200.3(i), for the joint or shared use of the railroad's
2.20right-of-way or the construction, operation, or maintenance of rail track, facilities, or
2.21services for passenger rail purposes. Notwithstanding section 3.732, subdivision 1, clause
2.22(2), or 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability of a Class I
2.23railroad and its employees arising from the joint or shared use of the railroad right-of-way
2.24or the provision of passenger rail construction, operation, or maintenance services
2.25pursuant to the contract. Notwithstanding any law to the contrary, a contract with a Class I
2.26railroad for any passenger rail service, or joint or shared use of the railroad's right-of-way,
2.27may also provide for the allocation of financial responsibility, indemnification, and the
2.28procurement of insurance for the parties for all types of claims or damages. A contract
2.29entered into under this section does not affect rights of employees under the Federal
2.30Employers Liability Act or the Federal Railway Labor Act.
2.31 Subd. 4. Public hearings. The commissioner shall hold public hearings as required
2.32by federal requirements.
