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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1079
Introduced 02/08/05, by Rep. Lou Lang SYNOPSIS AS INTRODUCED:
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Amends the Code of Civil Procedure. Provides privilege protection against being compelled to disclose, in any court, administrative board, or agency proceeding, any conversation between a union agent and a bargaining unit member regarding information that the union agent may have acquired in attending to his or her professional duties or while acting in his or her representative capacity. Provides for exceptions to the privilege. Provides that, in the event of a conflict between the application of the privilege and any federal or State labor law, the provisions of the federal or State labor law shall control.
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A BILL FOR
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HB1079 |
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LRB094 06722 LCB 36821 b |
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| AN ACT concerning civil law.
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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 adding |
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| Section 8-803.5 as follows:
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| (735 ILCS 5/8-803.5 new) |
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| Sec. 8-803.5. Union agent and union member. |
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| (a) Except when required in subsection (b) of this Section, |
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| a union agent, during the agency or representative relationship |
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| or after termination of the agency or representative |
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| relationship with the bargaining unit member, shall not be |
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| compelled to disclose, in any court or to any administrative |
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| board or agency proceeding, whether civil or criminal, any |
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| information he or she may have acquired in attending to his or |
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| her professional duties or while acting in his or her |
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| representative capacity. |
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| (b) A union agent may use or reveal information obtained |
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| during the course of fulfilling his or her professional |
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| representative duties:
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| (1) to the extent it appears necessary to prevent the |
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| commission of a crime codified in federal or State law;
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| (2) in actions, civil or criminal, against the union |
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| agent in his or her personal or official representative |
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| capacity, or against the local or international union or |
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| any agent thereof in their personal or official |
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| representative capacities;
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| (3) when required by court order; or
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| (4) when, after full disclosure has been provided, the |
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| expressed and written consent of the bargaining unit member |
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| has been obtained.
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| (c) In the event of a conflict between the application of |
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| this Section and any federal or State labor law to a specific |