Bill Status of HB 1079   94th General Assembly

Short Description:  CD OF CIV PRO-PRIVILEGE-UNION

House Sponsors
Rep. Lou Lang

Senate Sponsors
(Sen. John J. Cullerton)


Last Action  View All Actions

DateChamber Action
  6/14/2005HousePublic Act . . . . . . . . . 94-0022

Statutes Amended In Order of Appearance
735 ILCS 5/8-803.5 new

Synopsis As Introduced
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.

House Amendment No. 1
Adds an affiliated or subordinate body of a local or international union to the list to which a union agent may use or reveal information obtained during the course of fulfilling his or her duties. Provides that a union agent may use or reveal information when the express, written, uncoerced consent of the bargaining unit member has been obtained after full disclosure has been provided upon the advice of independent counsel.

House Amendment No. 2
Deletes everything after the enacting clause. Reinserts the provisions of the original bill with the following changes. Provides that a union agent shall not be compelled to disclose in any arbitration proceeding any information he or she may have acquired in attending to his or her professional duties or while acting in his or her representative capacity. Adds a subordinate body of a local union or an affiliate or subordinate body of an international union to the list to which a union agent may use or reveal information obtained during the course of fulfilling his or her duties. Provides that a union agent may use or reveal information to the extent it appears necessary to prevent the commission of a crime that is likely to result in a clear, imminent risk of serious physical injury or death of another person. Provides that a union agent may use or reveal information when, after full disclosure has been provided, the written or oral consent of the bargaining unit member has been obtained or, if the bargaining unit member is deceased or has been adjudged incompetent by a court of competent jurisdiction, the written or oral consent of the bargain unit member's guardian or the executor or administrator of the bargaining unit member's estate.

Actions 
DateChamber Action
  2/8/2005HouseFiled with the Clerk by Rep. Lou Lang
  2/8/2005HouseFirst Reading
  2/8/2005HouseReferred to Rules Committee
  2/10/2005HouseAssigned to Judiciary I - Civil Law Committee
  2/24/2005HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/24/2005HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/24/2005HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  2/25/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/1/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  3/1/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  3/8/2005HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/15/2005HouseSecond Reading - Short Debate
  3/15/2005HouseHouse Amendment No. 2 Adopted by Voice Vote
  3/15/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/5/2005HouseThird Reading - Short Debate - Passed 076-035-000
  4/6/2005SenateArrive in Senate
  4/6/2005SenatePlaced on Calendar Order of First Reading April 7, 2005
  4/6/2005SenateChief Senate Sponsor Sen. John J. Cullerton
  4/11/2005SenateFirst Reading
  4/11/2005SenateReferred to Rules
  4/13/2005SenateAssigned to Judiciary
  4/20/2005SenateDo Pass Judiciary; 006-002-000
  4/20/2005SenatePlaced on Calendar Order of 2nd Reading April 21, 2005
  5/4/2005SenateAdded as Alternate Co-Sponsor Sen. Peter J. Roskam
  5/11/2005SenateSponsor Removed Sen. Peter J. Roskam
  5/12/2005SenateFiscal Note Requested by Sen. Kirk W. Dillard
  5/13/2005SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  5/13/2005SenateSenate Floor Amendment No. 1 Referred to Rules
  5/16/2005SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  5/16/2005SenateSecond Reading
  5/16/2005SenatePlaced on Calendar Order of 3rd Reading May 17, 2005
  5/17/2005SenateSenate Floor Amendment No. 1 Held in Judiciary
  5/18/2005SenateThird Reading - Passed; 031-023-000
  5/18/2005SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/18/2005HousePassed Both Houses
  6/14/2005HouseSent to the Governor
  6/14/2005HouseGovernor Approved
  6/14/2005HouseEffective Date January 1, 2006
  6/14/2005HousePublic Act . . . . . . . . . 94-0022

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