1.1    .................... moves to amend H. F. No. 3792 as follows:
1.2Page 1, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 174.82, is amended to read:
1.4174.82 COMMUTER RAIL; COMMISSIONER'S DUTIES; CONTRACTS;
1.5LIABILITIES, RIGHTS, AND FINANCIAL CONSIDERATIONS.
1.6    (a) The planning, development, construction, operation, and maintenance of
1.7commuter rail track, facilities, and services are governmental functions, serve a public
1.8purpose, and are a matter of public necessity. The commissioner shall be responsible for
1.9all aspects of planning, developing, constructing, operating, and maintaining commuter
1.10rail, including system planning, advanced corridor planning, preliminary engineering, final
1.11design, construction, negotiating with railroads, and developing financial and operating
1.12plans. The commissioner may exercise the powers granted in this chapter, as necessary, to
1.13plan, design, acquire, construction, and equip commuter rail facilities. The commissioner
1.14may enter into a memorandum of understanding or agreement with a public or private
1.15entity, including a regional railroad authority, a joint powers board, and a railroad, to
1.16carry out these activities.
1.17    (b) The commissioner, or a public entity contracting with the commissioner, or the
1.18Metropolitan Council under section 473.4057, may contract with a railroad that is a Class
1.19I railroad under federal law for the joint or shared use of the railroad's right-of-way or the
1.20construction, operation, or maintenance of rail track, facilities, or services for commuter
1.21rail purposes. Notwithstanding section 3.732, subdivision 1, clause (2), or section 466.01,
1.22subdivision 6, sections 466.04 and 466.06 govern the liability of the Class I railroad and
1.23its employees arising from the joint or shared use of the railroad right-of-way or the
1.24provision of commuter rail construction, operation, or maintenance services pursuant
1.25to the contract. Notwithstanding any law to the contrary, a contract with the Class I
1.26railroad for any commuter rail service, or joint or shared use of the railroad's right-of-way,
1.27may also provide for the allocation of financial responsibility, indemnification, and the
2.1procurement of insurance for the parties for all types of claims or damages. A contract
2.2entered into under this section does not affect rights of employees under the Federal
2.3Employers Liability Act or the federal Railway Labor Act."
2.4Page 3, line 1, delete everything after the period
2.5Page 3, delete line 2
2.6Page 3, line 3, delete "commuter rail," and after "174.82" insert ", paragraph (b),"
2.7Amend the title accordingly