SB2085 Engrossed LRB095 18836 HLH 44963 b

1     AN ACT concerning local government.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Metropolitan Transit Authority Act is
5 amended by changing Section 41 as follows:
6     (70 ILCS 3605/41)  (from Ch. 111 2/3, par. 341)
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.
11 Within one year six (6) months from the date that such an
12 injury was received or such cause of action accrued, any person
13 who is about to commence any civil action in any court against
14 the Authority for damages on account of any injury to his
15 person shall file in the office of the secretary of the Board
16 and also in the office of the General Counsel for the Authority
17 either by himself, his agent, or attorney, a statement, in
18 writing, signed by himself, his agent, or attorney, giving the
19 name of the person to whom the cause of action has accrued, the
20 name and residence of the person injured, the date and about
21 the hour of the accident, the place or location where the
22 accident occurred and the name and address of the attending
23 physician, if any. If the notice provided for by this Section



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1 section is not filed as provided, any such civil action
2 commenced against the Authority shall be dismissed and the
3 person to whom any such cause of action accrued for any
4 personal injury shall be forever barred from further suing.
5     Any person who notifies the Authority that he or she was
6 injured or has a cause of action shall be furnished a copy of
7 Section 41 of this Act. Within 10 days after being notified in
8 writing, the Authority shall either send a copy by certified
9 mail to the person at his or her last known address or hand
10 deliver a copy to the person who shall acknowledge receipt by
11 his or her signature. When the Authority is notified later than
12 one year 6 months from the date the injury occurred or the
13 cause of action arose, the Authority is not obligated to
14 furnish a copy of Section 41 to the person. In the event the
15 Authority fails to furnish a copy of Section 41 as provided in
16 this Section, any action commenced against the Authority shall
17 not be dismissed for failure to file a written notice as
18 provided in this Section. Compliance with this Section shall be
19 liberally construed in favor of the person required to file a
20 written statement.
21     The changes to this Section made by this amendatory Act of
22 the 95th General Assembly apply to causes of action that accrue
23 on or after the effective date of this amendatory Act of the
24 95th General Assembly.
25 (Source: P.A. 90-451, eff. 7-1-98.)
26     Section 99. Effective date. This Act takes effect upon



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1 becoming law.