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involving passenger trains with policy limits of not less than | | $75,000,000 per occurrence annually and $75,000,000 in the | | aggregate annually regardless of the number of passenger rail | | service providers protected by such an insurance policy, each | | passenger rail service provider protected by such an insurance | | policy is not liable in excess of the coverage limits of such an | | insurance policy for any and all claims for damage, whether | | compensatory or punitive, for property damage, personal injury, | | bodily injury or death arising out of such rail incidents or | | accidents.__For purposes of this section, "passenger rail service | | provider" includes for-profit and nonprofit corporations and legal | | entities that own, lease, operate or manage passenger trains or | | passenger rail service; the authority; railroad companies that own, | | lease, provide track rights to or maintain rail lines over which | | passenger trains pass; and operators of passenger train services.__ | | "Passenger rail service provider" does not include the National | | Railroad Passenger Corporation or its successor organization.__This | | section does not affect immunities, limitation on damages, | | limitation of actions, limitation of liability or other protections | | provided to the State as defined in Title 14, section 8102, | | subsection 4. |
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| | | Sec. 7. 23 MRSA §8111, as enacted by PL 1995, c. 374, §3, is | | amended to read: |
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| | | The Northern New England Passenger Rail Authority, as | | established by Title 5, section 12004-F, subsection 16, is a body | | both corporate and politic in the State established for the | | general purpose of promoting passenger rail service as set forth | in subchapter I 1. It is declared that the purposes of this | chapter are public and that the authority shall must be regarded | | as performing a governmental function in carrying out this | chapter. The authority, as successor in interest of the | Department of Transportation and to its rights, privileges and | liabilities as set forth in subchapter I, shall receive any | federal and state funds previously authorized to the department | for that purpose, and upon creation of the authority all such | rights, privileges and liabilities of the department cease. |
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| | | Sec. 8. 23 MRSA §8112, as amended by PL 1995, c. 543, §3, is | | repealed and the following enacted in its place: |
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| | | 1.__Board of directors.__The authority consists of a board of | | 7 directors.__The 7 directors are the Commissioner of | | Transportation, who is a director ex officio, the Commissioner of | | Economic and Community Development, who also is a director ex |
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