Full Text of HB1359 95th General Assembly
HB1359enr 95TH GENERAL ASSEMBLY
|
|
|
HB1359 Enrolled |
|
LRB095 08562 WGH 28745 b |
|
| 1 |
| AN ACT concerning employment.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 13-206 as follows:
| 6 |
| (735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
| 7 |
| Sec. 13-206. Ten year limitation. Except as provided in | 8 |
| Section 2-725
of the "Uniform
Commercial Code", actions on | 9 |
| bonds, promissory notes, bills of exchange,
written leases,
| 10 |
| written contracts, or other evidences of indebtedness in | 11 |
| writing and actions brought under the Illinois Wage Payment and | 12 |
| Collection Act , shall
be commenced within 10 years next after | 13 |
| the cause of action accrued; but
if any payment or new promise | 14 |
| to pay has been made, in writing,
on any bond, note, bill, | 15 |
| lease, contract, or other written evidence of
indebtedness, | 16 |
| within or after the period of 10 years, then an action may
be | 17 |
| commenced thereon at any time within 10 years after the time of | 18 |
| such
payment or promise to pay.
For purposes of this Section, | 19 |
| with regard to promissory notes dated on or
after the effective | 20 |
| date of this amendatory Act of 1997, a cause of action on a
| 21 |
| promissory note payable at a definite date accrues on the due | 22 |
| date or date
stated in the promissory note or the date upon | 23 |
| which the promissory note is
accelerated. With respect to a |
|
|
|
HB1359 Enrolled |
- 2 - |
LRB095 08562 WGH 28745 b |
|
| 1 |
| demand promissory note dated on or after the
effective date of | 2 |
| this amendatory Act of 1997, if a demand for payment is made
to
| 3 |
| the maker of the demand promissory note, an action to enforce | 4 |
| the obligation of
a party to pay the
demand promissory note | 5 |
| must be commenced within 10 years after the demand. An
action | 6 |
| to enforce a demand
promissory note is barred if neither | 7 |
| principal nor interest on the demand
promissory note has been | 8 |
| paid for a continuous period of 10 years and no demand
for | 9 |
| payment has been made to the maker during that period.
| 10 |
| (Source: P.A. 90-451, eff. 1-1-98.)
| 11 |
| Section 10. The Illinois Wage Payment and Collection Act is | 12 |
| amended by changing Sections 11 and 14 as follows:
| 13 |
| (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
| 14 |
| Sec. 11. It shall be the duty of the Department of Labor to | 15 |
| inquire diligently
for any violations of this Act, and to | 16 |
| institute the actions for penalties
herein provided, and to | 17 |
| enforce generally the provisions of this Act.
| 18 |
| An employee may file a complaint with the Department | 19 |
| alleging violations of the Act by submitting a signed, | 20 |
| completed wage claim application on the form provided by the | 21 |
| Department and by submitting copies of all supporting | 22 |
| documentation. Complaints shall be filed within one year after | 23 |
| the wages, final compensation, or wage supplements were due. | 24 |
| Applications shall be reviewed by the Department to |
|
|
|
HB1359 Enrolled |
- 3 - |
LRB095 08562 WGH 28745 b |
|
| 1 |
| determine whether there is cause for investigation.
| 2 |
| The department shall have the following powers:
| 3 |
| (a) To investigate and attempt equitably to adjust | 4 |
| controversies between
employees and employers in respect of | 5 |
| wage claims arising under this Act
and to that end the | 6 |
| department through the Director of Labor or any other
person in | 7 |
| the Department of Labor designated by him or her, shall have | 8 |
| the
power to administer oaths, subpoena and examine witnesses, | 9 |
| to issue subpoenas
duces tecum requiring the production of such | 10 |
| books, papers, records and
documents as may be evidence of any | 11 |
| matter under inquiry and to examine and
inspect the same as may | 12 |
| relate to the question in dispute. Service of such
subpoenas | 13 |
| shall be made by any sheriff or any person. Any
court in this | 14 |
| State, upon the application of the department
may compel | 15 |
| attendance of witnesses, the
production of books and papers, | 16 |
| and the giving of testimony before the
department by attachment | 17 |
| for contempt or in any other way as the production
of evidence | 18 |
| may be compelled before such court.
| 19 |
| (b) To take assignments of wage claims in the name of the | 20 |
| Director of
Labor and his or her successors in office and | 21 |
| prosecute actions for the
collection of wages for persons | 22 |
| financially unable to prosecute such claims when in
the | 23 |
| judgment of the department such claims are valid and | 24 |
| enforceable in the
courts. No court costs or any fees for | 25 |
| necessary process and
proceedings shall be payable in advance | 26 |
| by the department for prosecuting
such actions. In the event |
|
|
|
HB1359 Enrolled |
- 4 - |
LRB095 08562 WGH 28745 b |
|
| 1 |
| there is a judgment rendered against the
defendant, the court | 2 |
| shall assess as part of such judgment the costs of
such | 3 |
| proceeding. Upon collection of such judgments the department | 4 |
| shall pay
from the proceeds of such judgment such costs to such | 5 |
| person who is by law
entitled to same. The department may join | 6 |
| in a single proceeding any number
of wage claims against the | 7 |
| same employer but the court shall have
discretionary power to | 8 |
| order a severance or separate trial for hearings.
| 9 |
| (c) To make complaint in any court of competent | 10 |
| jurisdiction of
violations of this Act.
| 11 |
| Nothing herein shall be construed to prevent any employee | 12 |
| from making
complaint or prosecuting his or her own claim for | 13 |
| wages.
| 14 |
| Nothing herein shall be construed to limit the authority of | 15 |
| the State's
attorney of any county to prosecute actions for | 16 |
| violation of this Act or
to enforce the provisions thereof | 17 |
| independently and without specific direction
of the Department | 18 |
| of Labor.
| 19 |
| (Source: P.A. 83-1362.)
| 20 |
| (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
| 21 |
| Sec. 14. (a) Any employer or any agent of an employer, who, | 22 |
| being able to pay wages,
final compensation, or wage | 23 |
| supplements and being under a duty to pay,
wilfully refuses to | 24 |
| pay as provided in this Act, or falsely denies the
amount or | 25 |
| validity thereof or that the same is due, with intent to secure
|
|
|
|
HB1359 Enrolled |
- 5 - |
LRB095 08562 WGH 28745 b |
|
| 1 |
| for himself or other person any underpayment of such | 2 |
| indebtedness or with
intent to annoy, harass, oppress, hinder, | 3 |
| delay or defraud the person to
whom such indebtedness is due, | 4 |
| upon conviction, is guilty of a Class C
misdemeanor. Each day | 5 |
| during which any violation of this Act continues
shall | 6 |
| constitute a separate and distinct offense.
| 7 |
| (b) Any employer who has been demanded by the Director of | 8 |
| Labor or ordered by the court
to pay wages due an employee and | 9 |
| who shall fail to do so within 15 days
after such demand or | 10 |
| order is entered shall be liable to pay a penalty of 1% per
| 11 |
| calendar day to the employee for each day of delay in paying | 12 |
| such wages to
the employee up to an amount equal to twice the | 13 |
| sum of unpaid wages due the
employee. Such employer shall also | 14 |
| be liable to the Department of Labor for 20% of such unpaid | 15 |
| wages.
| 16 |
| (b-5) Penalties under this Section may be recovered in a | 17 |
| civil action brought by the Director in any circuit court. In | 18 |
| this litigation, the Director of Labor shall be represented by | 19 |
| the Attorney General.
| 20 |
| (c) Any employer, or any agent of an employer, who | 21 |
| knowingly discharges
or in any other manner knowingly | 22 |
| discriminates against any employee because
that employee
has | 23 |
| made a complaint to his employer, or to the Director of Labor | 24 |
| or his
authorized representative, that he or she has not been | 25 |
| paid in accordance
with the provisions of this Act, or because | 26 |
| that employee has caused to
be instituted any proceeding under |
|
|
|
HB1359 Enrolled |
- 6 - |
LRB095 08562 WGH 28745 b |
|
| 1 |
| or related to this Act, or because that
employee has testified | 2 |
| or is about to testify in an investigation or proceeding
under | 3 |
| this Act, is guilty, upon conviction, of a Class C misdemeanor.
| 4 |
| (Source: P.A. 94-1025, eff. 7-14-06.)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
|