State of Illinois
92nd General Assembly

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 1        AN ACT in relation to civil liabilities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Rail Carrier Crossing Delay Liability Act.

 6        Section 5.  Definition. In this Act, "rail carrier" means
 7    any person engaged  in  the  transportation  of  property  or
 8    passengers  for hire by railroad, together with all employees
 9    or agents of that person or entity  and  all  property  used,
10    controlled, or owned by that person or entity.

11        Section   10.  Rail   carrier's   liability.  If  a  rail
12    carrier's train or other equipment owned, leased, or operated
13    by the rail carrier blocks a public highway, road, or  street
14    at  a location where the carrier's railroad track crosses the
15    highway, road, or street, so  that  pedestrian  or  vehicular
16    traffic  on  the  highway, road, or street is unable to cross
17    the track for more than  20  minutes,  the  rail  carrier  is
18    liable  in  a  civil  action  for  all  damages  of  any type
19    proximately caused by  the  delay.   This  Section  does  not
20    apply,  however,  and  the rail carrier is not liable, if the
21    blockage of the crossing or the delay of more than 20 minutes
22    was due to circumstances beyond the rail carrier's control.

23        Section 15.  Damages. In any case in which a rail carrier
24    is determined  to  be  liable  under  this  Act  for  damages
25    suffered  by  the  plaintiff, the plaintiff is entitled, at a
26    minimum, to liquidated damages in the amount  of  $500.   The
27    plaintiff also may recover punitive damages as in other civil
28    cases.
                            -2-                LRB9207526DJpc
 1        Section  99.  Effective  date. This Act takes effect upon
 2    becoming law.

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