Rep. Lou Lang
Filed: 3/1/2005
 
 

 




 

 		












09400HB1079ham002

LRB094 06722 LCB 42678 a






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AMENDMENT TO HOUSE BILL 1079




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    AMENDMENT NO. ______. Amend House Bill 1079, AS AMENDED,  by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Code of Civil Procedure is amended  by 
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adding 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 arbitration or proceeding, whether civil or 
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criminal, any information he or she may have acquired in 
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attending to his or her professional duties or while acting in 
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his or her 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 that is likely to result in a clear, 
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    imminent risk of serious physical injury or death of 
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    another person;

 


 






09400HB1079ham002
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LRB094 06722 LCB 42678 a




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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 union  or subordinate body 
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    thereof or international union or affiliated or 
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    subordinate body thereof or any agent thereof in their 
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    personal or official 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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    written or oral consent of the bargaining unit member has 
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    been obtained or, if the bargaining unit member is deceased 
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    or has been adjudged incompetent by a court of competent 
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    jurisdiction, the written or oral consent of the bargaining 
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    unit member's estate.

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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 
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situation, the provisions of the federal or State labor law 
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shall control.".