Bill Text: NY A00276 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates a private right of action for injured persons due to obstructed farm and highway crossings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A00276 Detail]

Download: New_York-2019-A00276-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           276
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A.  STECK,  FAHY,  SANTABARBARA -- read once and
          referred to the Committee on Transportation
        AN ACT to amend the railroad law, in  relation  to  creating  a  private
          right of action for injured persons
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 53-c of the railroad law, as added by  chapter  845
     2  of the laws of 1972, is amended to read as follows:
     3    §  53-c.  Obstructing  farm and highway crossings.   1. Any officer or
     4  employee of a railroad corporation who shall intentionally obstruct, and
     5  any owner, officer or employee  of  a  railroad  corporation  who  shall
     6  intentionally  cause  to be obstructed any farm or highway crossing with
     7  any locomotive, train or car for a longer period than  five  consecutive
     8  minutes  is guilty of a violation which shall be punishable by a fine of
     9  not more than one hundred dollars or  imprisonment  for  not  more  than
    10  fifteen days or by both such fine and imprisonment.  Notwithstanding the
    11  foregoing  provisions  of  this  section  or  any local ordinance to the
    12  contrary, no owner, officer or employee of a  railroad  corporation  who
    13  obstructs,  or  causes  to  be  obstructed, any farm or highway crossing
    14  shall be subject to any civil, criminal  or  other  penalty  where  such
    15  person  has  no  control  over  the situation causing the obstruction or
    16  where the locomotive, train or car cannot be moved  without  endangering
    17  the safety of the passengers, the public or freight.
    18    2.  Any  person  who has been injured by reason of a violation of this
    19  section may bring a private right of action for  damages  together  with
    20  reasonable attorney fees.
    21    §  2.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03380-01-9