96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2424


 
Introduced 2/19/2009, by Rep. Al Riley
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Metropolitan Transit Authority Act.  With respect to the notice of injury a person must give to the Chicago Transit Authority within 6 months to allow the person to maintain a civil action against the Authority, provides that, if a notice is filed within the 6-month period, then the Authority is barred from asserting that the notice is insufficient unless the Authority notifies the person who signed the notice, in writing and served by United States mail with postage prepaid, of the specific nature of any alleged insufficiencies and allows the person to correct alleged insufficiencies by filing an amended notice within 60 days after the date the notice of insufficiency was mailed. Effective immediately.
















LRB096 10326 RLJ 20496 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2424

LRB096 10326 RLJ 20496 b






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    AN ACT concerning 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 
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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 six (6) months from the date that such an injury was

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received or such cause of action accrued, any person who is 
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about to
commence any civil action in any court against the 
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Authority for damages on
account of any injury to his person 
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shall file in the office of the
secretary of the Board and also 
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in the office of the General Counsel for
the Authority either 
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by himself, his agent, or attorney, a statement, in
writing, 
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signed by himself, his agent, or attorney, giving the name of 
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the
person to whom the cause of action has accrued, the name 
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and residence of
the person injured, the date and about the 
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hour of the accident, the place
or location where the accident 
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occurred and the name and address of the
attending physician, 
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if any. If the notice provided for by this section is
not filed 
 


 






HB2424
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LRB096 10326 RLJ 20496 b




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within the 6-month period 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. If 
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a notice is filed within the 6-month period, then the Authority 
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is barred from asserting that the notice is insufficient unless 
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the Authority notifies the person who signed the notice, in 
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writing and served by United States mail with postage prepaid, 
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of the specific nature of any alleged insufficiencies and 
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allows the person to correct the alleged insufficiencies by 
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filing an amended notice within 60 days after the date the 
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notice of insufficiency was mailed. 

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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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6 months from the date the injury occurred
or the cause of 
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action arose, the Authority is not obligated to furnish a copy

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of Section 41 to the person.  In the event the Authority fails 
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to furnish a
copy
of Section 41 as provided in this Section, 
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any action commenced against the
Authority
shall not be 
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dismissed for failure to file a written notice as provided in 
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this
Section.  Compliance with this Section shall be liberally 
 


 






HB2424
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LRB096 10326 RLJ 20496 b




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construed in favor of
the person required to file a written 
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statement.

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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 
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becoming law.