Rep. Julie Hamos

Filed: 3/11/2009

 

 


 

 


 
09600HB2271ham001 LRB096 04136 HLH 23205 a

1
AMENDMENT TO HOUSE BILL 2271

2     AMENDMENT NO. ______. Amend House Bill 2271 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Metropolitan Transit Authority Act is
5 amended by changing Section 41 as follows:
 
6     (70 ILCS 3605/41)  (from Ch. 111 2/3, par. 341)
7     Sec. 41. No civil action shall be commenced in any court
8 against the Authority by any person for any injury to his
9 person unless it is commenced within one year from the date
10 that the injury was received or the cause of action accrued.
11 Within six (6) months from the date that such an injury was
12 received or such cause of action accrued, any person who is
13 about to commence any civil action in any court against the
14 Authority for damages on account of any injury to his person
15 shall file in the office of the secretary of the Board and also
16 in the office of the General Counsel for the Authority either

 

 

09600HB2271ham001 - 2 - LRB096 04136 HLH 23205 a

1 by himself, his agent, or attorney, a statement, in writing,
2 signed by himself, his agent, or attorney, giving the name of
3 the person to whom the cause of action has accrued, the name
4 and residence of the person injured, the date and about the
5 hour of the accident, the place or location where the accident
6 occurred and the name and address of the attending physician,
7 if any. If the notice provided for by this section is not filed
8 as provided, any such civil action commenced against the
9 Authority shall be dismissed and the person to whom any such
10 cause of action accrued for any personal injury shall be
11 forever barred from further suing. Compliance with this Section
12 shall be liberally construed in favor of the person required to
13 file a written statement.
14     Any person who notifies the Authority that he or she was
15 injured or has a cause of action shall be furnished a copy of
16 Section 41 of this Act. Within 10 days after being notified in
17 writing, the Authority shall either send a copy by certified
18 mail to the person at his or her last known address or hand
19 deliver a copy to the person who shall acknowledge receipt by
20 his or her signature. When the Authority is notified later than
21 6 months from the date the injury occurred or the cause of
22 action arose, the Authority is not obligated to furnish a copy
23 of Section 41 to the person. In the event the Authority fails
24 to furnish a copy of Section 41 as provided in this Section,
25 any action commenced against the Authority shall not be
26 dismissed for failure to file a written notice as provided in

 

 

09600HB2271ham001 - 3 - LRB096 04136 HLH 23205 a

1 this Section. Compliance with this Section shall be liberally
2 construed in favor of the person required to file a written
3 statement.
4 (Source: P.A. 90-451, eff. 7-1-98.)
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".