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92_SB0532 LRB9207526DJpc 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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