Sen. Ira I. Silverstein
Filed: 3/27/2008
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 2085




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    AMENDMENT NO. ______. Amend Senate Bill 2085 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Metropolitan Transit Authority Act is 
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amended  by changing Section 41 as follows:
 



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    (70 ILCS 3605/41)  (from Ch. 111 2/3, par. 341)



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    Sec. 41. No civil action shall be commenced in any court 
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against the
Authority by any person for any injury to his 
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person unless it is commenced
within one year from the date 
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that the injury was received or the cause of
action accrued.

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Within one year six (6) months from the date that such an 
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injury was
received or such cause of action accrued, any person 
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who is about to
commence any civil action in any court against 
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the Authority for damages on
account of any injury to his 
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person shall file in the office of the
secretary of the Board 
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and also in the office of the General Counsel for
the Authority 
 


 






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either by himself, his agent, or attorney, a statement, in

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writing, signed by himself, his agent, or attorney, giving the 
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name of the
person to whom the cause of action has accrued, the 
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name and residence of
the person injured, the date and about 
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the hour of the accident, the place
or location where the 
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accident occurred and the name and address of the
attending 
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physician, if any. If the notice provided for by this Section 
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section is
not filed as provided, any such civil action 
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commenced against the
Authority shall be dismissed and the 
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person to whom any such cause of
action accrued for any 
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personal injury shall be forever barred from further
suing.

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    Any person who notifies the Authority that he or she was 
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injured or has a
cause of action shall be furnished a copy of 
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Section 41  of this Act.  Within
10
days after being notified in 
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writing, the Authority shall either send a copy by
certified 
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mail to the person at his or her last known address or hand 
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deliver a
copy to the person who shall acknowledge receipt by 
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his or her signature.  When
the Authority is notified later than 
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one year 6 months from the date the injury occurred
or the 
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cause of action arose, the Authority is not obligated to 
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furnish a copy
of Section 41 to the person.  In the event the 
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Authority fails to furnish a
copy
of Section 41 as provided in 
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this Section, any action commenced against the
Authority
shall 
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not be dismissed for failure to file a written notice as 
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provided in this
Section.  Compliance with this Section shall be 
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liberally construed in favor of
the person required to file a 
 


 






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written statement.

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    The changes to this Section made by this amendatory Act of 
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the 95th General Assembly apply only to causes of action that 
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accrue on or after the effective date of this amendatory Act of 
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the 95th General Assembly. 
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(Source: P.A. 90-451, eff. 7-1-98.)".