95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1359


 
Introduced 2/20/2007, by Rep. Monique D. Davis
 
SYNOPSIS AS INTRODUCED:
 		
















735 ILCS 5/13-206
  from Ch. 110, par. 13-206


820 ILCS 115/11
  from Ch. 48, par. 39m-11







    Amends the Illinois Wage Payment and Collection Act.  Provides that an employee may file a complaint with the Department of Labor alleging violations of the Act by submitting a signed, completed wage claim application on the form provided by the Department and by submitting copies of all supporting documentation.  Provides that complaints shall be filed within 5 years after the wages, final compensation, or wage supplements were due. Provides that the Department shall review applications to determine whether there is cause for investigation and shall limit its investigation to reviewing the 3 years prior to the date the wages, final compensation, or wage supplements were due. Amends the Code of Civil Procedure to provide that actions brought under the Illinois Wage Payment and Collection Act shall
be commenced within 10 years after the cause of action accrued.
















LRB095 08562 WGH 28745 b

















 


 


A BILL FOR









 











HB1359

LRB095 08562 WGH 28745 b






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    AN ACT concerning employment.

 
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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 Code of Civil Procedure is amended  by 
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changing Section 13-206 as follows:
 



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    (735 ILCS 5/13-206)  (from Ch. 110, par. 13-206)


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    Sec. 13-206. Ten year limitation. Except as provided in 
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Section 2-725
of the "Uniform
Commercial Code", actions on 
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bonds, promissory notes, bills of exchange,
written leases,

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written contracts, or other evidences of indebtedness in 
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writing and actions brought under the Illinois Wage Payment and 
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Collection Act , shall
be commenced within 10 years next after 
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the cause of action accrued; but
if any payment or new promise 
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to pay has been made, in writing,
on any bond, note, bill, 
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lease, contract, or other written evidence of
indebtedness, 
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within or after the period of 10 years, then an action may
be 
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commenced thereon at any time within 10 years after the time of 
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such
payment or promise to pay.
For purposes of this Section, 
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with regard to promissory notes dated on or
after the effective 
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date of this amendatory Act of 1997, a cause of action on a

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promissory note payable at a definite date accrues on the due 
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date or date
stated in the promissory note or the date upon 
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which the promissory note is
accelerated.  With respect to a 
 


 






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demand promissory note dated on or after the
effective date of 
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this amendatory Act of 1997, if a demand for payment is made
to

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the maker of the demand promissory note, an action to enforce 
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the obligation of
a party to pay the
demand promissory note 
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must be commenced within 10 years after the demand. An
action 
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to enforce a demand
promissory note is barred if neither 
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principal nor interest on the demand
promissory note has been 
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paid for a continuous period of 10 years and no demand
for 
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payment has been made to the maker during that period.

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



 
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    Section 10. The Illinois Wage Payment and Collection Act is 
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amended  by changing Section 11 as follows:
 



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    (820 ILCS 115/11)  (from Ch. 48, par. 39m-11)



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    Sec. 11. It shall be the duty of the Department of Labor to 
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inquire diligently
for any violations of this Act, and to 
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institute the actions for penalties
herein provided, and to 
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enforce generally the provisions of this Act.

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    An employee may file a complaint with the Department 
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alleging violations of the Act by submitting a signed, 
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completed wage claim application on the form provided by the 
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Department and by submitting copies of all supporting 
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documentation.  Complaints shall be filed within 5 years after 
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the wages, final compensation, or wage supplements were due.
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    Applications shall be reviewed by the Department to 
 


 






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determine whether there is cause for investigation.  The 
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Department shall limit its investigation to reviewing the 3 
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years prior to the date the wages, final compensation, or wage 
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supplements were due.

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    The department shall have the following powers:

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    (a) To investigate and attempt equitably to adjust 
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controversies between
employees and employers in respect of 
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wage claims arising under this Act
and to that end the 
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department through the Director of Labor or any other
person in 
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the Department of Labor designated by him or her, shall have 
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the
power to administer oaths, subpoena and examine witnesses, 
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to issue subpoenas
duces tecum requiring the production of such 
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books, papers, records and
documents as may be evidence of any 
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matter under inquiry and to examine and
inspect the same as may 
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relate to the question in dispute.  Service of such
subpoenas 
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shall be made by any sheriff or any person.  Any
court in this 
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State, upon the application of the department
may compel 
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attendance of witnesses, the
production of books and papers, 
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and the giving of testimony before the
department by attachment 
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for contempt or in any other way as the production
of evidence 
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may be compelled before such court.

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    (b) To take assignments of wage claims in the name of the 
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Director of
Labor and his or her successors in office and 
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prosecute actions for the
collection of wages for persons 
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financially unable to prosecute such claims when in
the 
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judgment of the department such claims are valid and 
 


 






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enforceable in the
courts.  No court costs or any fees for 
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necessary process and
proceedings shall be payable in advance 
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by the department for prosecuting
such actions.  In the event 
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there is a judgment rendered against the
defendant, the court 
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shall assess as part of such judgment the costs of
such 
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proceeding.  Upon collection of such judgments the department 
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shall pay
from the proceeds of such judgment such costs to such 
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person who is by law
entitled to same.  The department may join 
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in a single proceeding any number
of wage claims against the 
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same employer but the court shall have
discretionary power to 
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order a severance or separate trial for hearings.

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    (c) To make complaint in any court of competent 
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jurisdiction of
violations of this Act.

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    Nothing herein shall be construed to prevent any employee 
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from making
complaint or prosecuting his or her own claim for 
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wages.

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    Nothing herein shall be construed to limit the authority of 
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the State's
attorney of any county to prosecute actions for 
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violation of this Act or
to enforce the provisions thereof 
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independently and without specific direction
of the Department 
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of Labor.

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(Source: P.A. 83-1362.)