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91_SB0409
LRB9100054PTbd
1 AN ACT to amend the Metropolitan Transit Authority Act by
2 changing Section 41.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Metropolitan Transit Authority Act is
6 amended by changing Section 41 as follows:
7 (70 ILCS 3605/41) (from Ch. 111 2/3, par. 341)
8 Sec. 41. Civil action. No civil action shall be
9 commenced in any court against the Authority by any person
10 for any injury to his person unless it is commenced within
11 one year from the date that the injury was received or the
12 cause of action accrued. Within 6 six (6) months from the
13 date that such an injury was received or such cause of action
14 accrued, any person who is about to commence any civil action
15 in any court against the Authority for damages on account of
16 any injury to his person shall file in the office of the
17 secretary of the Board and also in the office of the General
18 Counsel for the Authority either by himself, his agent, or
19 attorney, a statement, in writing, signed by himself, his
20 agent, or attorney, giving the name of the person to whom the
21 cause of action has accrued, the name and residence of the
22 person injured, the date and about the hour of the accident,
23 the place or location where the accident occurred and the
24 name and address of the attending physician, if any. If the
25 notice provided for by this Section is not filed as provided,
26 any such civil action commenced against the Authority shall
27 be dismissed and the person to whom any such cause of action
28 accrued for any personal injury shall be forever barred from
29 further suing.
30 Any person who notifies the office of the secretary of
31 the Board or the office of the General Counsel for the
-2- LRB9100054PTbd
1 Authority in writing that he or she was injured or has a
2 cause of action shall be furnished a copy of Section 41 of
3 this Act. Within 10 days after being notified in writing,
4 the Authority shall either send a copy by certified mail to
5 the person at his or her last known address or hand deliver a
6 copy to the person who shall acknowledge receipt by his or
7 her signature. If the person notifies the office of the
8 secretary of the Board or the office of the General Counsel
9 of the Authority through use of facsimile, e-mail, or other
10 comparable form of electronic transmission, the Authority
11 shall be authorized to furnish the sender with a copy of
12 Section 41 using the same or a comparable form of electronic
13 transmission as that utilized by the sender. The Chicago
14 Transit Authority shall not be obligated to supply a copy of
15 Section 41 to persons (i) who give oral notice or (ii) who
16 serve written notice upon an employee of the Authority other
17 than the secretary of the Board or the General Counsel of the
18 Authority. When the Authority is notified later than 6 months
19 from the date the injury occurred or the cause of action
20 arose, the Authority is not obligated to furnish a copy of
21 Section 41 to the person. In the event the Authority fails
22 to furnish a copy of Section 41 as provided in this Section,
23 any action commenced against the Authority shall not be
24 dismissed for failure to file a written notice as provided in
25 this Section. Compliance with this Section shall be
26 liberally construed in favor of the person required to file a
27 written statement.
28 (Source: P.A. 90-451, eff. 7-1-98.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.