Rep. Julie Hamos
Filed: 3/11/2009
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1 | AMENDMENT TO HOUSE BILL 2271
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2 | AMENDMENT NO. ______. Amend House Bill 2271 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Metropolitan Transit Authority Act is | ||||||
5 | amended by changing Section 41 as follows:
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6 | (70 ILCS 3605/41) (from Ch. 111 2/3, par. 341)
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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.
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11 | Within six (6) months from the date that such an injury was
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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 |
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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
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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.
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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
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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 |
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1 | this
Section. Compliance with this Section shall be liberally | ||||||
2 | construed in favor of
the person required to file a written | ||||||
3 | statement.
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4 | (Source: P.A. 90-451, eff. 7-1-98.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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