Bill Summary
  Senate
Senate Counsel & Research   State of Minnesota
 
S.F. No. 3246 - Contracting Authority And Civil Liability Relating to Commuter Rail (As Amended by SCS3246A-3, First Engrossment)
Author: Senator Don Betzold
Prepared by: Bonnie Berezovsky, Senate Counsel (651/296-9191)

Krista Boyd, Fiscal Analyst (651/296-9191)

Date: March 28, 2006


Section 1 makes the following changes in the section of law that governs Minnesota Department of Transportation (MnDOT's) duties with respect to commuter rail:

Characterizes the commissioner's commuter-rail duties as governmental functions

that serve a public purpose and are a matter of public necessity.

Authorizes the commissioner, or a public entity acting for MnDOT, to contract with

a Class I railroad to share use of railroad right-of-way, or to construct or utilize rail track, facilities, or services for commuter rail.

Provides that statutory municipal tort liability limits, prohibition of punitive damages,

and statutory provisions allowing municipalities to purchase liability insurance in excess of statutory liability limits, govern liability of Class I railroads and employees arising from joint use of railroad right-of-way and provision of commuter rail services and facilities.

Allows MnDOT and a Class I railroad to allocate by contract respective financial

responsibility and procurement of insurance against all claims or damages.

States that a contract under this section does not affect employee rights under the

Federal Employers Liability Act or the Federal Railway Labor Act.

BB/KB:rer




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