96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2271


 
Introduced 2/18/2009, by Rep. Julie Hamos
 
SYNOPSIS AS INTRODUCED:
 		








  



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








    Amends the Metropolitan Transit Authority Act. Provides that certain civil actions against the Metropolitan Transit Authority must be commenced within one year (instead of 6 months) from the date the injury was received or the cause of action accrued. Provides that, if the Authority is notified in writing later than one year (instead of 6 months) from the date the injury occurred or the cause of action arose, then the Authority is not obligated to furnish a copy of the statute to the person.
Provides that the changes made by the amendatory Act apply to causes of action that accrue on or after the effective date of the amendatory Act.  Effective immediately.
















LRB096 04136 RLJ 14177 b

















 


 


A BILL FOR









 











HB2271

LRB096 04136 RLJ 14177 b






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    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:



 
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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 
9
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 
 


 






HB2271
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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 
9
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 
13
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 
16
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 96th General Assembly apply to causes of action that accrue 
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on or after the effective date of this amendatory Act of the 
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96th General Assembly. 
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(Source: P.A. 90-451, eff. 7-1-98.)


 
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    Section 99. Effective date. This Act takes effect upon 
 


 






HB2271
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becoming law.