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Senator Dockery moved the following amendment:

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     Senate Amendment

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     Between line(s) 2348 and 2349

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and insert:

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     6. Any such contract must include an express prohibition

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against the freight rail operator, or its successors,

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transporting or storing any railroad car containing any hazardous

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substance listed in Table 302.4 of 40 C.F.R. s. 302.4 in any

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department-owned rail corridor during the operating hours of the

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commuter rail service; and, notwithstanding any other provision

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of this subsection, the department shall have no duty or

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authority to contractually assume any duty to protect, defend,

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indemnify, and hold harmless a freight operator for any liability

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arising while a freight operator is in violation of this

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subparagraph.

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4/30/2008  2:11:00 PM     15-09166-08