1.1    .................... moves to amend H. F. No. 1714 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 218.041, subdivision 6, is amended to
1.4read:
1.5    Subd. 6. Investigative powers. In the exercise of powers granted in this chapter,
1.6the commissioner may:
1.7    (1) subpoena books, papers, or accounts kept by any regulated business within or
1.8without the state, or compel production of verified copies;
1.9    (2) prepare all forms or blanks for obtaining information that the commissioner
1.10may deem necessary or useful for the proper exercise of the authority and duties of the
1.11commissioner in connection with regulated businesses, and prescribe the time and manner
1.12within which the blanks and forms must be completed and filed;
1.13    (3) inspect, at all reasonable times, and copy the books, records, memoranda,
1.14correspondence, or other documents and records of any business under the commissioner's
1.15jurisdiction; and
1.16    (4) examine, under oath, any officer, agent, or employee of a business under the
1.17commissioner's jurisdiction concerning any matter within the commissioner's jurisdiction.;
1.18and
1.19    (5) assess common carriers, administer the state rail safety inspection account, and
1.20perform other duties on behalf of the state rail safety inspector under section 219.015.

1.21    Sec. 2. [219.015] STATE RAIL SAFETY INSPECTOR.
1.22    (a) The commissioner of transportation shall establish a position of state rail safety
1.23inspector in the Office of Freight and Commercial Vehicle Operations of the Minnesota
1.24Department of Transportation. The commissioner shall apply to the Federal Railroad
1.25Administration (FRA) of the United States Department of Transportation to participate
1.26in the Federal State Rail Safety Partnership Program for training and certification of
2.1an inspector under authority of United States Code, title 49, sections 20103, 20105,
2.220106, and 20113, and Code of Federal Regulations, title 49, part 212. The state rail
2.3safety inspector shall inspect mainline track, secondary track, and yard and industry track;
2.4inspect railroad right-of-way, including adjacent or intersecting drainage, culverts, bridges,
2.5overhead structures, and traffic and other public crossings; inspect yards and physical
2.6plants; review and enforce safety requirements; review maintenance and repair records;
2.7and review railroad security measures. To the extent delegated by the commissioner, the
2.8inspector may issue citations for violations of this chapter, or to ensure railroad employee
2.9and public safety and welfare.
2.10    (b) The commissioner shall annually assess railroad companies that are (1) defined
2.11as common carriers under section 218.011, (2) classified by federal law or regulation as
2.12Class I Railroads or Class I Rail Carriers, and (3) operating in this state, by a division of
2.13equal proportion between carriers, assessed in equal amounts for 365 days of the calendar
2.14year. The commissioner shall assess all start-up or re-establishment costs, and all related
2.15costs of initiating the state rail safety inspector program beginning July 1, 2007. The state
2.16rail inspector duties must begin and be assessed on January 1, 2008. The assessments must
2.17be deposited in a special account in the special revenue fund, to be known as the state
2.18rail safety inspection account. Money in the account is appropriated to the commissioner
2.19and may be expended to cover the costs incurred for the establishment and ongoing
2.20responsibilities of the state rail safety inspector.
2.21    (c) The commissioner may exempt a common carrier not federally classified as
2.22Class I from violations for a period of up to two years if the common carrier applies for
2.23participation in a work site safety coaching program, such as the "MNSharp" program
2.24administered by the Minnesota Department of Labor and Industry, and the commissioner
2.25determines such participation to be preferred enforcement for safety or security violations.
2.26    (d) Any person aggrieved by an assessment levied under this section may appeal
2.27within 90 days any assessment, violation, or administrative penalty to the Office of
2.28Administrative Hearings, with further appeal and review by the district court.

2.29    Sec. 3. [219.371] DEFINITIONS.
2.30    Subdivision 1. Scope. The terms used in sections 219.371 to 219.382 have the
2.31meanings given them in this section and section 218.011.
2.32    Subd. 2. Inside edge of a walkway. "Inside edge of a walkway" means that edge of
2.33a walkway closest to the nearest rail of the track for which the walkway is constructed.
2.34    Subd. 3. Major repair. "Major repair" means a repair that normally requires
2.35greater than four hours of work to accomplish or involves the use of specialized tools and
3.1equipment. Major repairs include such activities as coupler replacement, draft gear repair,
3.2and repairs requiring the use of an air jack, but the term does not include changing wheels
3.3on intermodal loading ramps either with or without an air jack.
3.4    Subd. 4. Railroad shop or repair track. "Railroad shop" or "repair track" means
3.5a fixed repair facility or track that is regularly and consistently used to perform major
3.6repairs, regardless of whether a mobile repair vehicle is used to conduct the repairs.
3.7    Subd. 5. Structure. "Structure" means any bridge or trestle on which a railroad
3.8track is constructed.
3.9    Subd. 6. Walkway. "Walkway" means a pathway located alongside or in the
3.10vicinity of a railroad track for the purpose of providing an area for railroad employees
3.11to perform their normal trackside duties.
3.12    Subd. 7. Yard. "Yard" means a system of tracks other than main tracks and sidings
3.13used for making up trains, storing cars, and other purposes including the inspection,
3.14repair, and cleaning of cars.

3.15    Sec. 4. [219.372] WALKWAYS ON BRIDGES AND TRESTLES.
3.16    (a) Every railroad company shall construct and maintain, adjacent to at least one side
3.17of its tracks, walkways on all newly constructed or reconstructed bridges and trestles.
3.18    (b) Every railroad company shall construct and maintain, adjacent to at least one
3.19side of its tracks, walkways on all bridges and trestles designated by the commission
3.20after a hearing. Except as provided in paragraph (c), walkways must be located so that
3.21they will provide a minimum side clearance of eight feet from the center of the track to
3.22the outside edge of the walkway.
3.23    (c) Compliance with the eight-foot requirement referred to in paragraph (b) is
3.24waived with regard to all designated bridges and trestles that presently have minimum side
3.25clearances of less than eight feet if the railroad company is able to show to the satisfaction
3.26of the commissioner of transportation that compliance with the eight-foot requirement is
3.27structurally or economically unfeasible.
3.28    (d) All walkways must be kept free from obstacles that would render them unsafe or
3.29difficult to traverse on foot, except those facilities with minimum clearances prescribed
3.30by other sections of this chapter.
3.31    (e) Walkways must be equipped with a securely attached handrail located on the side
3.32of the walkway farthest from the track, except no handrails are required on through-girder
3.33structures. Handrails must be located so as to comply with the clearance standards in
3.34sections 219.45 to 219.53.
4.1    (f) Walkways on bridges and trestles must conform to the standards of width,
4.2surface, and vertical placement for walkways alongside track set forth in section 219.373,
4.3except that the inside edge of such a walkway may be placed closer than six feet from
4.4the nearest rail when necessary.
4.5    (g) This section does not apply to culverts.

4.6    Sec. 5. [219.373] WALKWAYS BY TRACK; GENERAL STANDARDS.
4.7    (a) Consistent with section 219.50, every railroad company shall provide a walkway
4.8alongside track that has a regular surface that is smooth and safe for use by railroad
4.9employees and other persons who have duties in proximity to trains. The walkway
4.10must be kept reasonably free of hazards and obstructions, including, but not limited to,
4.11debris, litter, fuel, oil, sand, boulders, posts, tie materials, holes, ruts, potholes, grains,
4.12grain products or byproducts, fertilizer products, chemical, chemical molten, steel, tin,
4.13metallic products, solid raw minerals, palletized products, silica products, materials
4.14spilled during revenue shipment, detached pieces or parts of railroad rolling stock or
4.15track structure, and vegetation.
4.16    (b) Except as otherwise provided in paragraph (g) or otherwise exempted by other
4.17law, a walkway alongside track that is required under sections 219.373 to 219.382 must be
4.18constructed and maintained in conformity to the standards in sections 219.373 to 219.383.
4.19    (c) A walkway alongside track that is required pursuant to sections 219.373 to
4.20219.382 must:
4.21    (1) provide a reasonably regular surface that is smooth and safe for use by railroad
4.22employees and other persons who have duties in proximity to trains;
4.23    (2) be surfaced with crushed material, asphaltic concrete, planking, or other material
4.24that does not compromise track drainage;
4.25    (3) unless the grade of the track is greater than one inch in eight inches, have a grade
4.26that is less than one inch in eight inches;
4.27    (4) if the walkway is alongside track with a curve greater than 18 degrees, be not
4.28less than one foot wider than otherwise required; and
4.29    (5) be kept reasonably free of hazards and obstructions listed in paragraph (a).
4.30    (d) Except as provided otherwise in this section or sections 219.374 to 219.379,
4.31walkways located along main-line tracks and tracks where switching is regularly
4.32performed more than twice in a seven-day period must be surfaced with crushed material
4.33not to exceed American Railway Engineering and Maintenance-of-Way Association
4.34(AREMA) standard number 4, 1-1/2 inches in size, or with asphalt, concrete, planking,
4.35grating, or similar material.
5.1    (e) Walkways located along switching lead tracks, switches in yards, car spotting
5.2areas, and railroad shop or repair tracks must be surfaced with crushed material not to
5.3exceed AREMA standard number 5, three-fourths to one inch in size, or with asphalt,
5.4concrete, planking, grating, or similar material.
5.5    (f) This section is temporarily suspended during periods of heavy rain or snow,
5.6derailments, rocks and earth slides, and similar abnormal periods and for a reasonable
5.7time thereafter to permit restoration work.
5.8    (g) Compliance with sections 219.372 to 219.379 is not a defense to any civil action
5.9brought for the violation of a railroad safety law, regulation, rule, or order.
5.10    (h) The commissioner, after investigation, upon the commissioner's own motion,
5.11or upon the petition of the aggrieved person, may determine that the safety of railroad
5.12employees requires implementation of the applicable standards set forth in paragraphs (b)
5.13to (e), for any walkway.

5.14    Sec. 6. [219.374] WALKWAYS BY MAIN-LINE TRACK.
5.15    Except as otherwise provided in section 219.375, 219.377, or 219.378, walkways
5.16alongside main-line track, in addition to the requirements of section 219.373, must:
5.17    (1) be present on each side of the track within two miles in either direction of a
5.18track-side train defect detector, with a total walkway length of not less than 300 feet at
5.19each inspection location;
5.20    (2) be not less than two feet in width; and
5.21    (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
5.22to the outside edge of the walkway.

5.23    Sec. 7. [219.375] WALKWAYS BY TRACK AT SIDING LOCATIONS.
5.24    Walkways alongside main-line and branch-line track at siding locations, in addition
5.25to the requirements of section 219.373, must:
5.26    (1) be present:
5.27    (i) on the outside of the main-line or branch-line track; and
5.28    (ii) on the outside of the siding track;
5.29    (2) be not less than two feet in width; and
5.30    (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
5.31to the outside edge of the walkway.

5.32    Sec. 8. [219.3755] WALKWAYS BY TRACKS WHERE TRAIN CREWS SHIFT.
5.33    Walkways alongside main-line and siding tracks at nonterminal locations that are
5.34frequently used as train crew relief for boarding and deboarding crews, in addition to
5.35the requirements of section 219.373, must:
6.1    (1) be present:
6.2    (i) on the outside of the main-line or branch-line track; and
6.3    (ii) on the outside of the siding track;
6.4    (2) be not less than two feet in width;
6.5    (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
6.6to the outside edge of the walkway;
6.7    (4) be surfaced according to AREMA standard number 5 or with three-fourths inch
6.8to one inch crushed material, asphalt, concrete, planking, or other material that does not
6.9compromise track drainage; and
6.10    (5) run continuous from a road, walkway, or other right-of-way to 100 feet past the
6.11designated stopping point for the train or locomotive.

6.12    Sec. 9. [219.376] WALKWAYS BY TRACK IN YARDS, INDUSTRY
6.13TURNOUTS, AND SPOTTING AREAS.
6.14    Walkways alongside track in all yards and in advance thereof, wherever an
6.15employee's assigned duties regularly require the employee to be present on the ground in
6.16proximity to the track and, except as otherwise provided in section 219.377 or 219.378, in
6.17industry turnouts and spotting areas, in addition to the requirements of section 219.373,
6.18must:
6.19    (1) be present on each side of the track not less than 50 feet in advance of the turnout;
6.20    (2) be not less than two feet in width;
6.21    (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
6.22to the outside edge of the walkway; and
6.23    (4) if the track is in a yard where substantial switching is performed, be:
6.24    (i) present between tracks;
6.25    (ii) present alongside tracks bordering the yard or switching area; and
6.26    (iii) if the tracks are 17 feet apart or less, continuous between the tracks.

6.27    Sec. 10. [219.377] WALKWAYS BY TRACK AT MAIN-LINE TURNOUTS
6.28ENTERING YARDS OR SERVING INDUSTRY TRACKS.
6.29    Except as otherwise provided in section 219.378 or 219.379, walkways alongside
6.30track at main-line turnouts entering yards or serving industry tracks, in addition to the
6.31requirements of section 219.373, must:
6.32    (1) be present on the switch stand side of the track from not less than 50 feet ahead
6.33of each switch stand to not less than 25 feet beyond the 12-1/2 feet clearance point
6.34behind the switch stand;
6.35    (2) if 20 feet or more from the switch stand, be not less than six feet in width;
6.36    (3) if less than 20 feet, but more than four feet from the switch stand:
7.1    (i) be not less than six feet in width;
7.2    (ii) have a straight outer edge; and
7.3    (iii) occupy a total area of not less than 120 square feet; and
7.4    (4) if less than four feet from the switch stand, be not less than three feet in width.

7.5    Sec. 11. [219.378] WALKWAYS BY MAIN-LINE TRACK AT TURNOUTS FOR
7.6SWITCHING CARS.
7.7    Walkways alongside main-line track at turnouts used frequently for switching cars,
7.8in addition to the requirements of sections 219.373 to 219.377, must:
7.9    (1) be present on the switch stand side of the track from not less than 125 feet
7.10ahead of the switch stand to not less than 25 feet beyond the 12-1/2 feet clearance point
7.11behind the switch stand;
7.12    (2) if 20 feet or more from the switch stand, be not less than six feet in width;
7.13    (3) if less than 20 feet, but more than four feet from the switch stand:
7.14    (i) be not less than six feet in width;
7.15    (ii) have a straight outer edge; and
7.16    (iii) occupy a total area of not less than 120 square feet; and
7.17    (4) if less than four feet from the switch stand, be not less than three feet in width.

7.18    Sec. 12. [219.379] WALKWAYS BY TRACK AT OTHER TURNOUTS.
7.19    Walkways alongside tracks at short-line and branch-line turnouts and, except as
7.20otherwise provided in section 219.378, at all power-operated turnouts, in addition to
7.21the requirements of section 219.373, must:
7.22    (1) be present on the switch stand side of the track from not less than 50 feet ahead
7.23of the switch stand to not less than the 12-1/2 feet clearance point behind the switch stand;
7.24    (2) if ten feet or more from the switch stand, be not less than five feet in width;
7.25    (3) if less than ten feet, but more than four feet from the switch stand:
7.26    (i) be not less than five feet in width;
7.27    (ii) have a straight outer edge; and
7.28    (iii) occupy a total area of not less than 39 square feet; and
7.29    (4) if four feet or less from the switch stand, be not less than three feet in width.

7.30    Sec. 13. [219.381] WALKWAY EXEMPTIONS.
7.31    Subdivision 1. Existing track. (a) Section 219.373, paragraphs (b) to (g), and
7.32sections 219.374 to 219.379 and 219.382 do not apply to track placed in revenue service
7.33before the effective date of this section until the date and time track and supporting
7.34structure are repaired, resurfaced, replaced, or as ordered by the commissioner of
7.35transportation pursuant to paragraph (b).
8.1    (b) The commissioner of transportation shall issue an order requiring the construction
8.2or maintenance of a walkway alongside track described in paragraph (a) on determining,
8.3after notice and hearing, that the construction or maintenance of a walkway alongside the
8.4track is necessary to eliminate an unsafe or hazardous condition.
8.5    Subd. 2. Small business. (a) Except as otherwise provided in paragraph (b), a small
8.6business that owns or operates any track in this state is exempt from sections 219.373 to
8.7219.382.
8.8    (b) On determining after notice and hearing that exempting a small business that
8.9owns or operates any track in this state pursuant to paragraph (a) poses an unreasonable
8.10threat of substantial harm to the public safety, the commissioner of transportation shall
8.11order that business to eliminate any unsafe walkway condition.
8.12    (c) As used in this section, "small business" has the meaning given it in section
8.13645.445.

8.14    Sec. 14. [219.382] LIABILITY.
8.15    Sections 219.371 to 219.379 do not preclude or preempt civil liability to an injured
8.16party under state or federal laws for failure to provide a reasonably safe walkway.

8.17    Sec. 15. SHORT TITLE.
8.18    Sections 3 to 14 may be cited as the "Railroad Walkways Safety Act."

8.19    Sec. 16. EFFECTIVE DATE.
8.20    This act is effective July 1, 2007."
8.21Delete the title and insert:
8.23relating to railroads; enacting Railroad Walkways Safety Act; creating position
8.24of state rail safety inspector; establishing special account; amending Minnesota
8.25Statutes 2006, section 218.041, subdivision 6; proposing coding for new law
8.26in Minnesota Statutes, chapter 219."