1.1 	A bill for an act
1.2 	relating to transportation; commuter rail; authorizing the commissioner to 
1.3 	contract for use of railroad right-of-way; regulating civil liability;amending 
1.4 	Minnesota Statutes 2004, section 174.82.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 174.82, is amended to read:
1.7 	174.82 COMMISSIONER'S DUTIES.
1.8 	The planning, development, construction, operation, and maintenance of commuter 
1.9 	rail track, facilities, and services are essential governmental functions, serve a public 
1.10 	purpose, and are a matter of public necessity. The commissioner shall be responsible for 
1.11 	all aspects of planning, developing, constructing, operating, and maintaining commuter 
1.12 	rail, including system planning, advanced corridor planning, preliminary engineering, final 
1.13 	design, construction, negotiating with railroads, and developing financial and operating 
1.14 	plans. The commissioner may enter into a memorandum of understanding or agreement 
1.15 	with a public or private entity, including a regional railroad authority, a joint powers 
1.16 	board, and a railroad, to carry out these activities. The commissioner, or public entity 
1.17 	contracting with the commissioner, may contract with a railroad for the joint or shared 
1.18 	use of the railroad's right-of-way or the construction, operation, or maintenance of rail 
1.19 	track, facilities, or services for commuter rail purposes. A railroad and its employees 
1.20 	permitting the joint or shared use of the railroad's right-of-way or providing commuter rail 
1.21 	construction, operation, or maintenance services under a contract with the commissioner 
1.22 	or a public entity must be afforded the immunities and liabilities of a public entity and its 
1.23 	employees, including the immunities provided under chapter 466. Notwithstanding any 
1.24 	other law to the contrary, a contract with the railroad for any commuter rail service, or 
2.1 	joint or shared use of the railroad's right-of-way, may also provide for the allocation of 
2.2 	financial responsibility and the procurement of insurance for the parties for all types of 
2.3 	claims or damages.