Rep. Al Riley
Filed: 3/18/2009
 
 

 




 

 		












09600HB2424ham001

LRB096 10326 RLJ 23846 a






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AMENDMENT TO HOUSE BILL 2424




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    AMENDMENT NO. ______. Amend House Bill 2424 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 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 
 


 






09600HB2424ham001
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LRB096 10326 RLJ 23846 a




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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 
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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 statement is filed within the 6-month period, then the 
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Authority is barred from asserting that the statement is 
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insufficient unless the Authority notifies the person who 
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signed the statement, in writing and served by United States 
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mail with postage prepaid, of the specific nature of any 
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alleged insufficiencies and allows the person to correct the 
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alleged insufficiencies by filing an amended statement within 
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60 days after the date the notice of insufficiency was mailed. 
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Insufficiencies may include the name of the
person to whom the 
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cause of action has accrued, the name and residence of
the 
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person injured, the date and about the hour of the accident, 
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the place
or location where the accident occurred, and the name 
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and address of the
attending physician, if any. Compliance with 
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this Section shall be liberally construed in favor of the 
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person required to file a written statement. 

 


 






09600HB2424ham001
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LRB096 10326 RLJ 23846 a




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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 
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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.".