1.1 .................... moves to amend H. F. No. 1714 as follows:
1.2Page 2, line 20, after "
service" insert "
or as otherwise deemed appropriate by the
1.3commissioner of transportation"
1.4Page 3, line 26, after "
constructed" insert "
or reconstructed"
1.5Page 4, after line 15, insert:
1.6 "
(a) Consistent with Minnesota Statutes, section 219.50, every railroad company
1.7shall provide a walkway alongside track that has a regular surface that is smooth and safe
1.8for use by railroad employees and other persons who have duties in proximity to trains.
1.9The walkway must be kept reasonably free of hazards and obstructions, including, but not
1.10limited to, debris, litter, fuel, oil, sand, boulders, posts, rocks, tie materials, holes, ruts,
1.11potholes, grains, grain products or byproducts, fertilizer products, chemical, chemical
1.12molten, steel, tin, metallic products, solid raw minerals, palletized products, silica
1.13products, materials spilled during revenue shipment, detached pieces or parts of railroad
1.14rolling stock or track structure, and vegetation."
1.15Page 4, line 16, delete "
(a)" and insert "
(b)"and delete "
(f)" and insert "
(g)"
1.16Page 4, line 19, delete "
(b)" and insert "
(c)"
1.17Page 4, line 29, delete everything after "
obstructions" and insert "
listed in paragraph
1.18(a)."
1.19Page 4, delete lines 30 to 33
1.20Page 4, line 34, delete "
(c)" and insert "
(d)"
1.21Page 5, line 5, delete "
(d)" and insert "
(e)"
1.22Page 5, line 9, delete "
(e)" and insert "
(f)"
1.23Page 5, line 10, delete "
(f)" and insert "
(g)"
1.24Page 5, line 13, delete "
(g)" and insert "
(h)" and delete "
complete"
1.25Page 5, line 14, after "
safety" insert "
law,"
1.26Page 5, line 15, delete "
(h)" and insert "
(i)"
1.27Page 5, line 17, delete "
(a)" and insert "
(b)"
2.1Page 5, line 18, delete "
(e)" and insert "
(f)"
2.2Page 5, line 22, after "
track" insert "
at locations where trains are regularly inspected
2.3and at least two miles on either side of a track-side train defect detector"
2.4Page 8, after line 25, insert:
2.5 "Sec. 15.
[219.3825] LIABILITY.
2.6 Nothing in this chapter precludes or preempts civil liability to an injured party
2.7under state or federal laws for failure to provide a reasonably safe walkway, including the
2.8provision of safe walkways as described in this chapter, regardless of whether the track
2.9is exempt under any provisions of this chapter or other state rule, federal regulation, or
2.10state or federal law. Moreover, nothing in this chapter is admissible to show the railroad
2.11complied with state regulatory law since compliance is not a defense to any civil action. A
2.12violation of this chapter is negligence per se in any civil suit."
2.13Renumber the sections in sequence and correct the internal references
2.14Amend the title accordingly