HB2424ham001 96TH GENERAL ASSEMBLY

Rep. Al Riley

Filed: 3/18/2009

09600HB2424ham001 LRB096 10326 RLJ 23846 a

AMENDMENT TO HOUSE BILL 2424

AMENDMENT NO. ______. Amend House Bill 2424 by replacing everything after the enacting clause with the following:

"Section 5. The Metropolitan Transit Authority Act is amended by changing Section 41 as follows:

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

Sec. 41. No civil action shall be commenced in any court against the Authority by any person for any injury to his person unless it is commenced within one year from the date that the injury was received or the cause of action accrued. Within six (6) months from the date that such an injury was received or such cause of action accrued, any person who is about to commence any civil action in any court against the Authority for damages on account of any injury to his person shall file in the office of the secretary of the Board and also in the office of the General Counsel for the Authority either by himself, his agent, or attorney, a statement, in writing, signed by himself, his agent, or attorney, giving the name of the person to whom the cause of action has accrued, the name and residence of the person injured, the date and about the hour of the accident, the place or location where the accident occurred and the name and address of the attending physician, if any. If the notice provided for by this section is not filed within the 6-month period as provided, any such civil action commenced against the Authority shall be dismissed and the person to whom any such cause of action accrued for any personal injury shall be forever barred from further suing. If a statement is filed within the 6-month period, then the Authority is barred from asserting that the statement is insufficient unless the Authority notifies the person who signed the statement, in writing and served by United States mail with postage prepaid, of the specific nature of any alleged insufficiencies and allows the person to correct the alleged insufficiencies by filing an amended statement within 60 days after the date the notice of insufficiency was mailed. Insufficiencies may include the name of the person to whom the cause of action has accrued, the name and residence of the person injured, the date and about the hour of the accident, the place or location where the accident occurred, and the name and address of the attending physician, if any. Compliance with this Section shall be liberally construed in favor of the person required to file a written statement.

Any person who notifies the Authority that he or she was injured or has a cause of action shall be furnished a copy of Section 41 of this Act. Within 10 days after being notified in writing, the Authority shall either send a copy by certified mail to the person at his or her last known address or hand deliver a copy to the person who shall acknowledge receipt by his or her signature. When the Authority is notified later than 6 months from the date the injury occurred or the cause of action arose, the Authority is not obligated to furnish a copy of Section 41 to the person. In the event the Authority fails to furnish a copy of Section 41 as provided in this Section, any action commenced against the Authority shall not be dismissed for failure to file a written notice as provided in this Section. Compliance with this Section shall be liberally construed in favor of the person required to file a written statement.

(Source: P.A. 90-451, eff. 7-1-98.)

Section 99. Effective date. This Act takes effect upon becoming law.".