Illinois General Assembly - Full Text of Public Act 096-0012
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Public Act 096-0012


 

Public Act 0012 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0012
 
SB0084 Enrolled LRB096 04502 RLJ 14556 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Metropolitan Transit Authority Act is
amended by changing Section 41 as follows:
 
    (70 ILCS 3605/41)  (from Ch. 111 2/3, par. 341)
    Sec. 41. No civil action shall be commenced in any court
against the Authority by any person for any injury to his
person unless it is commenced within one year from the date
that the injury was received or the cause of action accrued.
Within six (6) months from the date that such an injury was
received or such cause of action accrued, any person who is
about to commence any civil action in any court against the
Authority for damages on account of any injury to his person
shall file in the office of the secretary of the Board and also
in the office of the General Counsel for the Authority either
by himself, his agent, or attorney, a statement, in writing,
signed by himself, his agent, or attorney, giving the name of
the person to whom the cause of action has accrued, the name
and residence of the person injured, the date and about the
hour of the accident, the place or location where the accident
occurred and the name and address of the attending physician,
if any. If the notice provided for by this section is not filed
as provided, any such civil action commenced against the
Authority shall be dismissed and the person to whom any such
cause of action accrued for any personal injury shall be
forever barred from further suing.
    Any person who notifies the Authority that he or she was
injured or has a cause of action shall be furnished a copy of
Section 41 of this Act. Within 10 days after being notified in
writing, the Authority shall either send a copy by certified
mail to the person at his or her last known address or hand
deliver a copy to the person who shall acknowledge receipt by
his or her signature. When the Authority is notified later than
6 months from the date the injury occurred or the cause of
action arose, the Authority is not obligated to furnish a copy
of Section 41 to the person. In the event the Authority fails
to furnish a copy of Section 41 as provided in this Section,
any action commenced against the Authority shall not be
dismissed for failure to file a written notice as provided in
this Section. Compliance with this Section shall be liberally
construed in favor of the person required to file a written
statement.
    The changes to this Section made by this amendatory Act of
the 96th General Assembly apply to causes of action that accrue
on or after the effective date of this amendatory Act of the
96th General Assembly.
(Source: P.A. 90-451, eff. 7-1-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/1/2009