1.1    .................... moves to amend H. F. No. 1351, the delete everything amendment
1.2(H1351DE2), as follows:
1.3Page 87, after line 3, insert:

1.4    "Sec. 3. Minnesota Statutes 2006, section 219.37, is amended to read:
1.5219.37 DITCH AND CULVERT.
1.6    (a) A railroad company or receiver or lessee of a railroad company, operating a
1.7line of railroad in the state, shall:
1.8    (1) keep clean at all times between the first day of April and the first day of
1.9November of each year all ditches and culverts constructed by them for the drainage of
1.10their roadbed or right-of-way; and
1.11    (2) maintain at all times of the year the safety, structural stability, and capacity of all
1.12bridges, culverts, and other crossings constructed in the railroad roadbed or right-of-way.
1.13    (b) This section does not apply to ditches and culverts not located upon the
1.14right-of-way of a railroad."
1.15Page 92, after line 25, insert:

1.16    "Sec. 15. Minnesota Statutes 2006, section 219.97, subdivision 5, is amended to read:
1.17    Subd. 5. Ditch or culvert violation. A railroad or receiver or lessee of the railroad
1.18failing or neglecting to comply with section 219.37 shall forfeit and pay to the state $200
1.19for every mile of a ditch which it fails to keep clean during any season. This amount must
1.20be collected in a civil action brought by the attorney general or by the county attorney
1.21of the county through or into which that railroad extends. Any political subdivision, or
1.22any instrumentality or agency of the state or a political subdivision, may maintain a civil
1.23action in the district court for declaratory or equitable relief to enforce section 219.37."
1.24Page 92, line 27, delete "This article" and insert "Minnesota Statutes, section
1.25219.015 and sections 219.371 to 219.382"