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| [ House Amendment 002 ] |
90_SB0710ham001
LRB9002813YYmgam04
1 AMENDMENT TO SENATE BILL 710
2 AMENDMENT NO. . Amend Senate Bill 710, AS AMENDED,
3 by inserting after the enacting clause the following:
4 "Section 1. 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 six (6) months from the date that such an injury was
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
16 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
19 the name of the person to whom the cause of action has
20 accrued, the name and residence of the person injured, the
21 date and about the hour of the accident, the place or
22 location where the accident occurred and the name and address
-2- LRB9002813YYmgam04
1 of the attending physician, if any. If the notice provided
2 for by this section is not filed as provided, any such civil
3 action commenced against the Authority shall be dismissed and
4 the person to whom any such cause of action accrued for any
5 personal injury shall be forever barred from further suing.
6 Any person who notifies the Authority that he or she was
7 injured or has a cause of action shall be furnished a copy of
8 Section 41 of this Act. Within 10 days after being notified
9 in writing, the Authority shall either send a copy by
10 certified mail to the person at his or her last known address
11 or hand deliver a copy to the person who shall acknowledge
12 receipt by his or her signature. When the Authority is
13 notified later than 6 months from the date the injury
14 occurred or the cause of action arose, the Authority is not
15 obligated to furnish a copy of Section 41 to the person. In
16 the event the Authority fails to furnish a copy of Section 41
17 as provided in this Section, any action commenced against the
18 Authority shall not be dismissed for failure to file a
19 written notice as provided in this Section. Compliance with
20 this Section shall be liberally construed in favor of the
21 person required to file a written statement.
22 (Source: P.A. 87-597.)"; and
23 by inserting at the end of the bill the following:
24 "Section 99. The provisions changing Section 41 of the
25 Metropolitan Transit Authority Act take effect on July 1,
26 1998.".