GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 759
Judiciary I Committee Substitute Adopted 4/23/01

Short Title:	Rail Transportation Liability.	()	
Sponsors:	     	
Referred to:	     	
April 2, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE LIMITATIONS ON RAIL TRANSPORTATION LIABILITY.

The General Assembly of North Carolina enacts:
SECTION 1.  Article 26 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A-626.  Limitations on rail transportation liability.
(a)	As used in this section:
(1)	"Authority" means a Regional Public Transportation Authority as defined in G.S. 160A-601.
(2)	"Claim" means a claim, action, suit, or request for damages, whether compensatory, punitive, or otherwise, made by any person or entity against:
a.	The Authority, a railroad, or a Stateowned railroad; or
b.	An officer, trustee, employee, affiliate engaged in railroad operations, or agent of: the Authority, a railroad, or a Stateowned railroad.
(3)	"Passenger Rail Services" shall include the transportation of rail passengers by or on behalf of the Authority, including all services performed by a railroad or a Stateowned railroad pursuant to a contract with the Authority in connection with the transportation of rail passengers, and including, but not limited to, the operation of trains, the use of trackage, equipment, or station areas or appurtenant facilities, or the construction, reconstruction, or maintenance of railrelated equipment, tracks, and any appurtenant facilities, or the provision of access rights over or adjacent to lines owned by the Authority, a railroad, or a Stateowned railroad, or otherwise occupied by the Authority, a railroad, or a Stateowned railroad pursuant to charter grant, feesimple deed, lease, easement, license, or other form of ownership.
(4)	"Railroad" means a railroad corporation or company not wholly owned by the State that has entered into any contracts or operating agreements of any kind with the Authority concerning rail service by or on behalf of the Authority over or adjacent to facilities of the Authority, a railroad, or a Stateowned railroad.
(5)	"StateOwned Railroad" means a railroad corporation or company as defined in G.S. 12411.
(b)	Contracts Allocating Financial Responsibility Authorized. — The Authority may enter into contracts with any railroad or with a Stateowned railroad, or with any railroad and a Stateowned railroad, that allocates financial responsibility for passenger rail services claims against the railroad, a Stateowned railroad, or the Authority notwithstanding any other statutory, common law, public policy or other prohibition against same, and regardless of the nature of the claim or the conduct giving rise to such claim.
(c)	Insurance Required. — If the Authority enters into any contract authorized by subsection (b) of this section allocating financial responsibility, the contract shall require the Authority to secure and maintain a liability insurance policy covering the liability of the parties to the contract for property damage, personal injury, bodily injury, and death arising out of or related to passenger rail services. The policy shall name the parties to the contract as named insureds, and shall have policy limits of not less than two hundred million dollars ($200,000,000) per single accident or incident, and may include a selfinsured retention in an amount of not more than five million dollars ($5,000,000).
(d)	Liability Limit. — The aggregate liability of the parties to a contract authorized by this section for all claims, whether compensatory, punitive, or otherwise, arising from a single accident or incident related to passenger rail services, for property damage, personal injury, bodily injury, and death is limited to the greater of two hundred million dollars ($200,000,000) per single accident or incident or any proceeds available under any insurance policy secured pursuant to subsection (c) of this section.
(e)	Effect on Other Laws. — This section shall not affect the damages that may be recovered under the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq., (1908); or under Article 1 of Chapter 97 of the General Statutes."
SECTION 2.  This act is effective when it becomes law.