KRS 277.315: Liability insurance requirement for special passenger excursion trains --

Limitation of damages.

(1) As used in this section:

(a) "Nonprofit sponsor" means a corporation whose purpose includes the historic

preservation of documents, memorabilia, and e quipment associated with the

railroad industry, and public education regarding the history, current

functions, and future of railroad transportation and which is exclusive to

religious, scientific, literary, or educational within the meaning of 26 U.S.C.

sec. 501(c)(3) as amended; and

(b) "Special passenger excursion train" means a train offered by a nonprofit

sponsor to the public for operation over a common carrier railroad or railroad

authority.

(2) Notwithstanding any other statute to the contrary, liab ility for all claims, whether

for compensatory damages or punitive damages arising from a rail incident or

accident occurring in the Commonwealth, and made against a nonprofit sponsor of

a special passenger excursion train or owner or operator of an excurs ion train or

against the railroad or rail authority over whose tracks the special passenger

excursion train was operated when the accident or incident occurred, shall not

exceed the valid and collectible liability insurance coverage maintained on the

special passenger excursion train. The sponsor of a special passenger excursion

train shall maintain or provide evidence of insurance coverage of not less than five

million dollars ($5,000,000) per occurrence or per claim. A nonprofit sponsor shall

provide evidence of such coverage upon demand of the Transportation Cabinet.