SB2085 EngrossedEnrolled LRB095 18836 HLH 44963 b AN ACT concerning local government.

The MetropolitanRevised TransitCities Authorityand Villages Act of 1941 is amended by changing Section 4121-22 as follows:

(70(65 ILCS 3605/41)20/21-22) (from Ch.

11124, 2/3, par.

341)21-22) Sec.

41.21-22.

NoGeneral civilelection action shall be commenced in any court against the Authority by any person for anyaldermen; 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.

Withinvacancies. one year 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(a) theA noticegeneral providedelection for byaldermen thisshall Sectionbe SB2085held Engrossedin -the 2year -1943 LRB095and 18836every HLH4 44963years bthereafter, sectionat iswhich notone filedalderman as provided, any such civil action commenced against the Authority shall be dismissedelected andfrom theeach personof tothe whom50 anywards suchprovided cause of action accrued for anyby personalthis injuryArticle. shall be forever barred from further suing.

AnyThe personaldermen whoelected notifiesshall theserve Authorityfor thata heterm orof she4 wasyears injuredbeginning orat hasnoon aon causethe ofthird actionMonday shallin beMay furnishedfollowing athe copyelection of Sectioncity 41officers, ofand thisuntil Act.their successors are elected and have qualified.

WithinAll 10elections daysfor afteraldermen beingshall notifiedbe in writing,accordance with the Authorityprovisions shallof eitherlaw sendin aforce copyand byoperative certifiedin mail to the personCity atof hisChicago orfor hersuch lastelections knownat addressthe ortime hand deliver a copy to the personelections whoare shallheld. acknowledge receipt by his or her signature.

When(b) theVacancies Authorityoccurring isin notified later than one year 6 months from the dateoffice theof injuryalderman occurredshall orbe thefilled causein of action arose, the Authoritymanner isprescribed notfor obligatedfilling tovacancies furnishin aSection copy3.1-10-51 of Section 413.1-10-50 toof the person.Illinois Municipal Code.

InAn theappointment event the Authority fails to furnishfill a copyvacancy of Section 41 as provided in this Section, any action commenced against the Authority shall not be dismissedmade forwithin failure60 todays fileafter athe writtenvacancy noticeoccurs. as provided in this Section.

ComplianceThe withrequirement thisthat Sectionan shallappointment be liberallymade construedwithin in60 favordays is an exclusive power and SB2085 Enrolled - 2 - LRB095 18836 HLH 44963 b function of the personState requiredand is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of the power of a home rule municipality to filerequire that an appointment be made within a writtendifferent statement.period after the vacancy occurs.

The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action that accrue on or after the effective date of this amendatory Act of the 95th General Assembly.

90-451,93-847, eff.

7-1-98.)7-30-04.) Section 99.

This Act takes effect upon SB2085 Engrossed - 3 - LRB095 18836 HLH 44963 b becoming law.