93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4590


 
Introduced 02/04/04, by Robert Rita
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Metropolitan Transit Authority Act.  Provides that no civil action shall be commenced against the Chicago Transit Authority by any person for any injury to his person unless it is commenced within 5 years (now, one year) from the date that the injury was received. Provides that, within 30 months (now, 10 months) from the date  of the injury or the accrual of the cause of action, a person who is about to
commence a civil action against the Authority for damages resulting from an injury must file a written statement with the Chicago Transit Board and the Authority.



















LRB093 14879 MKM 40445 b




















 


 


A BILL FOR









 














HB4590

LRB093 14879 MKM 40445 b









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    AN ACT concerning transportation.

 
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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 5 years
one year from the 
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date that the injury was received or the cause of
action 
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accrued.
Within 30
six (6) months from the date that such an 
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injury was
received or such cause of action accrued, any person 
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who is about to
commence any civil action in any court against 
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the Authority for damages on
account of any injury to his 
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person shall file in the office of the
secretary of the Board 
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and also in the office of the General Counsel for
the Authority 
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either by himself, his agent, or attorney, a statement, in

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writing, signed by himself, his agent, or attorney, giving the 
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name of the
person to whom the cause of action has accrued, the 
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name and residence of
the person injured, the date and about 
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the hour of the accident, the place
or location where the 
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accident occurred and the name and address of the
attending 
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physician, if any. If the notice provided for by this section 
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is
not filed as provided, any such civil action commenced 
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against the
Authority shall be dismissed and the person to whom 
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any such cause of
action accrued for any personal injury shall 
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be forever barred from further
suing.

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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 
 


 









HB4590
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LRB093 14879 MKM 40445 b







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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.)