.................... moves to amend H.F. No. 1416, the delete everything amendment
(H1416DE1), as follows:
Page 25, after line 8, insert:
"Sec. 42. Minnesota Statutes 2012, section 174.632, is amended to read:
1.5174.632 PASSENGER RAIL; COMMISSIONER'S DUTIES.
1.6 Subdivision 1. Definition. "Passenger rail" means intercity rail passenger
1.7transportation as defined in United States Code, title 49, section 24102 (4).
1.8 Subd. 2. Responsibilities.
(a) The planning, design, development, construction,
operation, and maintenance of passenger rail track, facilities, and services are
governmental functions, serve a public purpose, and are a matter of public necessity.
(b) The commissioner is responsible for all aspects of planning, designing,
developing, constructing, equipping, operating, and maintaining passenger rail, including
system planning, alternatives analysis, environmental studies, preliminary engineering,
final design, construction, negotiating with railroads, and developing financial and
(c) The commissioner may enter into a memorandum of understanding or agreement
with a public or private entity, including Amtrak,
a regional railroad authority, a joint
powers board, and a railroad, to carry out these activities.
Sec. 43. Minnesota Statutes 2012, section 174.636, is amended to read:
1.20174.636 PASSENGER RAIL; EXERCISE OF POWER.
1.21 Subdivision 1. Powers.
The commissioner has all powers necessary to carry out
the duties specified in section
. In the exercise of those powers, the commissioner
(1) acquire by purchase, gift, or by eminent domain proceedings as provided by law,
all land and property necessary to preserve future passenger rail corridors or to construct,
maintain, and improve passenger rail corridors;
(2) let all necessary contracts as provided by law; and
(3) make agreements with and cooperate with any
governmental authority public
private entity, including Amtrak,
to carry out statutory duties related to passenger rail.
2.4 Subd. 2. Consultation.
The commissioner shall consult with metropolitan
planning organizations and regional rail authorities in areas where passenger rail corridors
are under consideration to ensure that passenger rail services are integrated with existing
rail and transit services and other transportation facilities to provide as nearly as possible
connected, efficient, and integrated services.
2.9 Subd. 3. Authority to contract; liability. (a) The commissioner, or a public entity
2.10contracting with the commissioner, may contract with a railroad as defined in Code of
2.11Federal Regulations, title 49, section 200.3(i), for the joint or shared use of the railroad's
2.12right-of-way or the construction, operation, or maintenance of rail track, facilities, or
2.13services for passenger rail purposes. Notwithstanding section 3.732, subdivision 1, clause
2.14(2), or 466.01, subdivision 6, sections 466.04 and 466.06 govern the liability of a railroad
2.15and its employees arising from the joint or shared use of the railroad right-of-way or the
2.16provision of passenger rail construction, operation, or maintenance services pursuant
2.17to the contract. Notwithstanding any law to the contrary, a contract with a railroad for
2.18any passenger rail service, or joint or shared use of the railroad's right-of-way, may also
2.19provide for the allocation of financial responsibility, indemnification, and the procurement
2.20of insurance for the parties for all types of claims or damages.
2.21(b) A contract entered into under this section shall be subject to rights of employees
2.22under the Federal Employers Liability Act, United States Code, title 45, section 51
2.23et seq.; federal railroad safety laws under United States Code, title 49, section 20101
2.24et seq.; the Railway Labor Act, United States Code, title 45, section 151 et seq.; the
2.25Railroad Retirement Act, United States Code, title 45, section 231 et seq.; the Railroad
2.26Unemployment Insurance Act, United States Code, title 45, section 351 et seq.; the
2.27Railroad Retirement Tax Act, United States Code, title 26, section 3201 et seq.; the
2.28Interstate Commerce Act, United States Code, title 49, section 10101 et seq.; and the
2.29Occupational Safety and Health Act, United States Code, title 29, section 651 et seq.
2.30 Subd. 4. Public hearings. The commissioner shall hold public hearings as required
2.31by federal requirements.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly