95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2085


 
Introduced 2/14/2008, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Metropolitan Transit Authority Act.  Provides that certain civil actions against the Metropolitan Transit Authority must be commenced within 2 years (now, one year) from the date the injury was received or the cause of
action accrued.  Provides that written notice must be provided to the Authority within one year (now, 6 months) from the date the injury was
received or the cause of action accrued.
















LRB095 18836 HLH 44963 b

















 


 


A BILL FOR









 











SB2085

LRB095 18836 HLH 44963 b






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    AN ACT concerning local 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 2 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 one year six (6) months from the date that such 
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an injury was
received or such cause of action accrued, any 
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person who is about to
commence any civil action in any court 
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against the Authority for damages on
account of any injury to 
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his person shall file in the office of the
secretary of the 
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Board and also in the office of the General Counsel for
the 
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Authority either by himself, his agent, or attorney, a 
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statement, in
writing, signed by himself, his agent, or 
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attorney, giving the name of the
person to whom the cause of 
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action has accrued, the name and residence of
the person 
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injured, the date and about the hour of the accident, the place

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or location where the accident occurred and the name and 
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address of the
attending physician, if any. If the notice 
 


 






SB2085
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LRB095 18836 HLH 44963 b




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provided for by this Section section is
not filed as provided, 
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any such civil action commenced against the
Authority shall be 
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dismissed and the person to whom any such cause of
action 
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accrued for any personal injury shall be forever barred from 
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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 
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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.)