Bill Amendment: IL HB4743 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRANSPORT NETWORK LABOR
Status: 2026-05-28 - Added Co-Sponsor Rep. Nicolle Grasse [HB4743 Detail]
Download: Illinois-2025-HB4743-House_Amendment_001.html
Bill Title: TRANSPORT NETWORK LABOR
Status: 2026-05-28 - Added Co-Sponsor Rep. Nicolle Grasse [HB4743 Detail]
Download: Illinois-2025-HB4743-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 4743 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4743 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Transportation Network Driver Labor Relations Act. | ||||||
| 6 | Section 2. Findings; legislative intent; construction. | ||||||
| 7 | (a) The General Assembly finds that the growing rate of | ||||||
| 8 | technological advancement has fundamentally altered the way | ||||||
| 9 | that many people work within the State in the transportation | ||||||
| 10 | sector, in which companies connect, through an online | ||||||
| 11 | application, persons seeking passenger transportation services | ||||||
| 12 | to persons willing to supply those transportation services. | ||||||
| 13 | These persons willing to supply those transportation services, | ||||||
| 14 | known as transportation network drivers, often suffer poor | ||||||
| 15 | pay, inadequate health coverage, and lack of other benefits. | ||||||
| 16 | It is hereby declared that the best interests of the people of | ||||||
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| 1 | this State are served by providing transportation network | ||||||
| 2 | drivers the opportunity to self-organize, designate | ||||||
| 3 | representatives of their own choosing, and bargain | ||||||
| 4 | collectively on a sectoral basis in order to obtain | ||||||
| 5 | sustainable wages, benefits, and working conditions, subject | ||||||
| 6 | to approval and ongoing supervision by the State. It is | ||||||
| 7 | further declared that the best interests of the people of this | ||||||
| 8 | State are served by the prevention or prompt resolution of | ||||||
| 9 | disputes between transportation network companies and the | ||||||
| 10 | transportation network drivers who supply the labor to | ||||||
| 11 | effectuate those services through collective bargaining on a | ||||||
| 12 | sectoral basis, subject to approval and ongoing supervision by | ||||||
| 13 | the State. This Act shall be deemed an exercise of the police | ||||||
| 14 | power of the State for the protection of the public welfare, | ||||||
| 15 | prosperity, health, and peace of the people of the State, and | ||||||
| 16 | shall be liberally construed for the accomplishment of its | ||||||
| 17 | purposes. | ||||||
| 18 | (b) The General Assembly finds that it is in the public | ||||||
| 19 | policy interests of the State to displace competition with | ||||||
| 20 | regulation of the terms and conditions of work for | ||||||
| 21 | transportation network drivers; and, consistent with this | ||||||
| 22 | policy, to exempt from federal and State antitrust laws any | ||||||
| 23 | conduct authorized under this Act, including the formation of | ||||||
| 24 | transportation network driver organizations and multi-company | ||||||
| 25 | associations for the purposes of collective bargaining on a | ||||||
| 26 | sectoral basis between transportation network companies and | ||||||
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| 1 | transportation network drivers on an industry-wide basis, and | ||||||
| 2 | to supervise, evaluate, and if approved, implement the | ||||||
| 3 | resulting sectoral agreements concerning industry regulations | ||||||
| 4 | for the terms and conditions of work for all transportation | ||||||
| 5 | network drivers in an industry when such sectoral agreements | ||||||
| 6 | are found by the Department of Labor to advance the public | ||||||
| 7 | purposes stated in this Section and are then made binding, | ||||||
| 8 | regardless of the anticompetitive consequences. | ||||||
| 9 | (c) It is the intent and policy of the State: | ||||||
| 10 | (1) To grant transportation network drivers the right | ||||||
| 11 | to form, join, or assist transportation network driver | ||||||
| 12 | organizations, to be represented through representatives | ||||||
| 13 | of their own choosing, and to engage in other concerted | ||||||
| 14 | activities for the purpose of bargaining with | ||||||
| 15 | transportation network companies and to create negotiated | ||||||
| 16 | recommendations in the form of a sectoral agreement, which | ||||||
| 17 | shall form the basis for industry regulations, and for the | ||||||
| 18 | purpose of other mutual aid or protection; and | ||||||
| 19 | (2) To grant transportation network companies the | ||||||
| 20 | right to form multi-company associations to represent them | ||||||
| 21 | while bargaining with a transportation network driver | ||||||
| 22 | organization to create negotiated recommendations in the | ||||||
| 23 | form of a sectoral agreement, which shall form the basis | ||||||
| 24 | for industry regulations. | ||||||
| 25 | (d) The intent and policy of the State is for the statutory | ||||||
| 26 | and non-statutory labor exemptions from the federal antitrust | ||||||
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| 1 | laws and analogous State laws to apply to transportation | ||||||
| 2 | network drivers who choose to form, join, or assist labor | ||||||
| 3 | organizations in labor activity, to transportation network | ||||||
| 4 | driver organizations who organize and represent such drivers, | ||||||
| 5 | and to transportation network companies who may choose to form | ||||||
| 6 | an industry association to negotiate on their behalf or | ||||||
| 7 | otherwise engage in labor activity, permitted by this Act. | ||||||
| 8 | (e) The intent and policy of the State in authorizing and | ||||||
| 9 | regulating transportation network companies, transportation | ||||||
| 10 | network drivers engaging in labor activity, and transportation | ||||||
| 11 | network driver organizations, permitted by this Act, is that | ||||||
| 12 | state action immunity apply to this Act, including the | ||||||
| 13 | sectoral agreement approved by the Department of Labor, and | ||||||
| 14 | that such transportation network companies, transportation | ||||||
| 15 | network drivers, and transportation network driver | ||||||
| 16 | organizations be immune from the federal and State antitrust | ||||||
| 17 | laws to the fullest extent possible in their conduct pursuant | ||||||
| 18 | to this Act. | ||||||
| 19 | (f) The State shall actively supervise the qualified labor | ||||||
| 20 | activity permitted by this Act conducted by transportation | ||||||
| 21 | network companies, transportation network drivers, and | ||||||
| 22 | transportation network driver organizations pursuant to this | ||||||
| 23 | Act to ensure that the conduct permitted by this Act protects | ||||||
| 24 | the rights of workers and companies, encourages collective | ||||||
| 25 | bargaining on a sectoral basis and labor peace, and otherwise | ||||||
| 26 | advances the purposes of this Act. | ||||||
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| 1 | Section 3. Definitions. As used in this Act: | ||||||
| 2 | "Active transportation network driver" and "active TND" | ||||||
| 3 | means a transportation network driver designated pursuant to | ||||||
| 4 | the process established in Section 8. | ||||||
| 5 | "Board" means the State Panel of the Illinois Labor | ||||||
| 6 | Relations Board created by Section 5 of the Illinois Public | ||||||
| 7 | Labor Relations Act. | ||||||
| 8 | "Company union" means any committee, driver representation | ||||||
| 9 | plan, or association of workers or others that exists for the | ||||||
| 10 | purpose, in whole or in part, of dealing with TNCs concerning | ||||||
| 11 | grievances or terms and conditions of work for TNDs: (i) which | ||||||
| 12 | a TNC has initiated or created or whose initiation or creation | ||||||
| 13 | it has suggested or participated in; (ii) which a TNC | ||||||
| 14 | participates in, supervises, or conducts the formulation of | ||||||
| 15 | governing rules or policies, management, operations, or | ||||||
| 16 | elections; or (iii) which the TNC maintains, finances, | ||||||
| 17 | controls, dominates, or assists in maintaining or financing, | ||||||
| 18 | whether by compensating anyone for services performed in its | ||||||
| 19 | behalf or by donating free services, equipment, materials, | ||||||
| 20 | office or meeting space, or anything else of value, or by any | ||||||
| 21 | other means, unless required to do so by this Act, its | ||||||
| 22 | implementing rules, or any other legal requirement. | ||||||
| 23 | A TNC driver organization shall not be deemed a company | ||||||
| 24 | union solely because any of the following are true: | ||||||
| 25 | (1) It has negotiated or been granted the right to | ||||||
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| 1 | designate TNC drivers to be released with pay for the | ||||||
| 2 | purpose of providing representational services in | ||||||
| 3 | labor-management affairs on behalf of TNC drivers | ||||||
| 4 | represented by the TNC driver organization. | ||||||
| 5 | (2) In the course of providing representational | ||||||
| 6 | services to workers for whom it is the exclusive | ||||||
| 7 | bargaining representative, a TNC has allowed agents of the | ||||||
| 8 | TNC driver organization to meet with drivers at the TNC's | ||||||
| 9 | premises or communicate with TNDs via the TNC's platform. | ||||||
| 10 | (3) It has received from a TNC the voluntary | ||||||
| 11 | membership dues deductions of TNC drivers or the TNC has | ||||||
| 12 | processed or transmitted membership dues pursuant to | ||||||
| 13 | paragraph (5) of subsection (e) of Section 10. | ||||||
| 14 | (4) It has received funds from a TNC for the | ||||||
| 15 | administration of benefits and services to TNC drivers | ||||||
| 16 | pursuant to a sectoral agreement in its capacity as the | ||||||
| 17 | exclusive bargaining representative. | ||||||
| 18 | (5) It has negotiated with a TNC, before or after | ||||||
| 19 | certification as the exclusive bargaining representative, | ||||||
| 20 | for the right and requisite resources to communicate or | ||||||
| 21 | meet with TNDs for any purpose permitted under this Act, | ||||||
| 22 | including via the TNC's platform. | ||||||
| 23 | "Covered transportation network company" and "covered TNC" | ||||||
| 24 | means a transportation network company designated pursuant to | ||||||
| 25 | the process established in Section 9. | ||||||
| 26 | "Department" means the Department of Labor. | ||||||
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| 1 | "Exclusive bargaining representative" means a TND | ||||||
| 2 | organization certified by the Board, in accordance with this | ||||||
| 3 | Act, as the representative of TNDs in a bargaining unit. | ||||||
| 4 | "Mandatory subjects of bargaining" means those subjects of | ||||||
| 5 | bargaining related to compensation, benefits, and other terms | ||||||
| 6 | and conditions of work, including, but not limited to, | ||||||
| 7 | deactivations, and dispute resolution procedures for resolving | ||||||
| 8 | claims alleging unjust deactivation. | ||||||
| 9 | "Person" includes one or more individuals, TNDs, TND | ||||||
| 10 | organizations, TNCs, network companies, labor organizations, | ||||||
| 11 | associations, corporations, legal representatives, trustees, | ||||||
| 12 | trustees in bankruptcy, or receivers. | ||||||
| 13 | "Transportation network company" and "TNC" means an entity | ||||||
| 14 | operating in the State that uses a digital network or software | ||||||
| 15 | application service to connect passengers to transportation | ||||||
| 16 | network company services provided by transportation network | ||||||
| 17 | drivers. For the purposes of this paragraph, all digital | ||||||
| 18 | networks or software application services that any related | ||||||
| 19 | corporate entities under common control maintain shall be | ||||||
| 20 | considered a single TNC. A TNC is not deemed to own, control, | ||||||
| 21 | operate, or manage the vehicles used by transportation network | ||||||
| 22 | drivers, and is not a taxicab association or a for-hire | ||||||
| 23 | vehicle owner. | ||||||
| 24 | "Transportation network company services" and "TNC | ||||||
| 25 | services" means transportation of a passenger between points | ||||||
| 26 | chosen by the passenger and prearranged with a transportation | ||||||
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| 1 | network driver through the use of a TNC digital network or | ||||||
| 2 | software application. "Transportation network company | ||||||
| 3 | services" and "TNC services" do not include a taxicab, | ||||||
| 4 | for-hire vehicle, or street hail service. | ||||||
| 5 | "Transportation network driver", "transportation network | ||||||
| 6 | company driver", "TNC driver", and "TND" means an individual | ||||||
| 7 | who operates a motor vehicle that: (i) is owned, leased, or | ||||||
| 8 | otherwise authorized for use by the individual; (ii) is not a | ||||||
| 9 | taxicab or for-hire public passenger vehicle; (iii) is used to | ||||||
| 10 | provide transportation network company services; and (iv) | ||||||
| 11 | operates under the TNC license of the TNC. "Transportation | ||||||
| 12 | network driver", "transportation network company driver", "TNC | ||||||
| 13 | driver", and "TND" do not include any individual who, with | ||||||
| 14 | respect to the provision of TNC services is: (i) determined by | ||||||
| 15 | a final order of a court of competent jurisdiction to be an | ||||||
| 16 | employee within the meaning of Section 2(3) of the National | ||||||
| 17 | Labor Relations Act, 29 U.S.C. 152(3), or within the meaning | ||||||
| 18 | of 26 CFR 31.3121(d)-1 or 31.3401(c)-1; or (ii) declared by a | ||||||
| 19 | TNC to be an employee within the meaning of Section 2(3) of the | ||||||
| 20 | National Labor Relations Act, 29 U.S.C. 152(3) and within the | ||||||
| 21 | meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1. | ||||||
| 22 | "Transportation network driver organization" and "TND | ||||||
| 23 | organization" means any organization in which TNDs | ||||||
| 24 | participate, and which exists and is constituted for the | ||||||
| 25 | purpose, in whole or in part, of collective bargaining, or of | ||||||
| 26 | dealing with transportation network companies concerning | ||||||
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| 1 | grievances, terms or conditions of work, or of other mutual | ||||||
| 2 | aid or protection and which is not a company union as defined | ||||||
| 3 | by this Act. | ||||||
| 4 | "Unfair work practices" means only those unfair work | ||||||
| 5 | practices set forth in Section 6. | ||||||
| 6 | Section 4. Powers of the Board. The Board shall have | ||||||
| 7 | jurisdiction over unfair work practices and collective | ||||||
| 8 | bargaining matters between transportation network companies | ||||||
| 9 | and transportation network driver organizations, except for | ||||||
| 10 | the determinations to be made by the Department under this | ||||||
| 11 | Act. | ||||||
| 12 | Section 5. Rights of TNDs. Transportation network drivers | ||||||
| 13 | shall have the right of self-organization, to form, join, or | ||||||
| 14 | assist TND organizations, to bargain collectively through | ||||||
| 15 | representatives of their own choosing, and to engage in | ||||||
| 16 | concerted activities, for the purpose of collective bargaining | ||||||
| 17 | or other mutual aid or protection, free from interference, | ||||||
| 18 | restraint, or coercion by TNCs, and shall also have the right | ||||||
| 19 | to refrain from any of these activities. Nothing contained in | ||||||
| 20 | this Act shall be interpreted to prohibit TNDs from exercising | ||||||
| 21 | the right to confer with TNCs at any time, provided that during | ||||||
| 22 | such conference there is no attempt by such TNC, directly or | ||||||
| 23 | indirectly, to interfere with, restrain, or coerce such | ||||||
| 24 | workers in the exercise of the rights guaranteed by this Act. | ||||||
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| 1 | Section 6. Unfair work practices. | ||||||
| 2 | (a) It is an unfair work practice for a TNC to: | ||||||
| 3 | (1) Fail or refuse to provide the Board or a TND | ||||||
| 4 | organization with an accurate list of the names, trips | ||||||
| 5 | made, and contact information for TNDs, as required by | ||||||
| 6 | this Act. | ||||||
| 7 | (2) Fail or refuse to submit the list to the Board | ||||||
| 8 | required by Section 9. | ||||||
| 9 | (3) Fail or refuse to negotiate in good faith with a | ||||||
| 10 | TND organization certified as an exclusive bargaining | ||||||
| 11 | representative of TNDs engaged with such TNC, concerning | ||||||
| 12 | mandatory subjects of bargaining. | ||||||
| 13 | (4) Fail or refuse to provide a TND organization, | ||||||
| 14 | certified as an exclusive bargaining representative of | ||||||
| 15 | TNDs engaged with such TNC, with information requested by | ||||||
| 16 | the TND organization that is relevant to, and necessary | ||||||
| 17 | for, purposes of bargaining and the performance of its | ||||||
| 18 | other duties required by this Act. | ||||||
| 19 | (5) Fail or refuse to continue all the terms of a | ||||||
| 20 | determination of terms and conditions of work approved or | ||||||
| 21 | prescribed by the Department pursuant to this Act until a | ||||||
| 22 | new determination is approved or prescribed, unless in | ||||||
| 23 | accordance with a recognized exception under the law. | ||||||
| 24 | (6) Dominate or interfere with the formation, | ||||||
| 25 | existence, or administration of any TND organization, or | ||||||
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| 1 | to contribute financial or other support to any such | ||||||
| 2 | organization, directly or indirectly, unless required by | ||||||
| 3 | this Act or by any rules implementing this Act, including, | ||||||
| 4 | but not limited to, the following: | ||||||
| 5 | (i) by participating or assisting in, supervising, | ||||||
| 6 | or controlling (1) the initiation or creation of any | ||||||
| 7 | such organization or (2) the meetings, management, | ||||||
| 8 | operation, elections, formulation or amendment of | ||||||
| 9 | constitution, rules, or policies, of any such | ||||||
| 10 | organization; | ||||||
| 11 | (ii) by offering incentives to TNDs to join any | ||||||
| 12 | such organization; or | ||||||
| 13 | (iii) by donating free services, equipment, | ||||||
| 14 | materials, office or meeting space or anything else of | ||||||
| 15 | value for the use of any such organization; provided | ||||||
| 16 | that a TNC may permit TNDs to perform representational | ||||||
| 17 | work protected under this Act during working hours | ||||||
| 18 | without loss of time or pay or allow agents of a TND | ||||||
| 19 | organization that is the exclusive representative of | ||||||
| 20 | its TNDs to meet with TNDs on its premises or | ||||||
| 21 | communicate with TNDs via the TNC's platform. | ||||||
| 22 | (7) Require a TND to join any company union or TND | ||||||
| 23 | organization or to require a TND to refrain from forming, | ||||||
| 24 | or joining or assisting a TND organization of their own | ||||||
| 25 | choosing. | ||||||
| 26 | (8) Encourage membership in any company union or | ||||||
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| 1 | discourage membership in any TND organization, by | ||||||
| 2 | discrimination in regard to any term or condition of work. | ||||||
| 3 | (9) Deactivate or otherwise discriminate against a TND | ||||||
| 4 | because they have signed or filed any charge, affidavit, | ||||||
| 5 | petition, or complaint or given any information or | ||||||
| 6 | testimony under this Act. | ||||||
| 7 | (10) Distribute or circulate any blacklist of | ||||||
| 8 | individuals exercising any right created or confirmed by | ||||||
| 9 | this Act or of members of a TND organization, or to inform | ||||||
| 10 | any person of the exercise by any individual of such right | ||||||
| 11 | or of the membership of any individual in a TND | ||||||
| 12 | organization for the purpose of preventing individuals so | ||||||
| 13 | blacklisted or so named from obtaining or retaining | ||||||
| 14 | opportunities for remuneration. | ||||||
| 15 | (11) Perform any acts, other than those already | ||||||
| 16 | enumerated in this Section, which interfere with, | ||||||
| 17 | restrain, or coerce TNDs in the exercise of the rights | ||||||
| 18 | guaranteed by this Act. | ||||||
| 19 | (b) It is an unfair work practice for a TND organization | ||||||
| 20 | to: | ||||||
| 21 | (1) Fail or refuse to negotiate in good faith with a | ||||||
| 22 | TNC concerning mandatory subjects of bargaining, provided | ||||||
| 23 | that the TND organization is the certified exclusive | ||||||
| 24 | bargaining representative of the TNC's transportation | ||||||
| 25 | network drivers, including by refusing to provide | ||||||
| 26 | information requested by a TNC that is relevant and | ||||||
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| 1 | necessary for the purposes of bargaining and the | ||||||
| 2 | performance of its other duties required by this Act. | ||||||
| 3 | (2) Restrain or coerce TNDs in the exercise of the | ||||||
| 4 | rights guaranteed by this Act, provided that this | ||||||
| 5 | paragraph shall not impair the right of a TND organization | ||||||
| 6 | to prescribe its own rules with respect to the acquisition | ||||||
| 7 | or retention of membership in the organization. | ||||||
| 8 | (3) Fail or refuse to fulfill its duty of fair | ||||||
| 9 | representation by intentional misconduct in representing | ||||||
| 10 | TNDs where it is the certified exclusive bargaining | ||||||
| 11 | representative. | ||||||
| 12 | (4) Restrain or coerce a TNC in the selection of its | ||||||
| 13 | representatives for the purpose of bargaining or the | ||||||
| 14 | adjustment of grievances. | ||||||
| 15 | (5) Cause or attempt to cause a TNC to discriminate | ||||||
| 16 | against a TND in violation of paragraph (9) of subsection | ||||||
| 17 | (a) of Section 6. | ||||||
| 18 | (c) For the purposes of this Section, "to negotiate in | ||||||
| 19 | good faith" means the performance of the mutual obligation of | ||||||
| 20 | the transportation network companies or their agents or | ||||||
| 21 | representatives and the exclusive bargaining representative to | ||||||
| 22 | meet at reasonable times and negotiate in good faith with | ||||||
| 23 | respect to mandatory subjects of bargaining, or the | ||||||
| 24 | negotiation of a sectoral agreement under Section 12, or any | ||||||
| 25 | question arising thereunder, and to execute a written contract | ||||||
| 26 | incorporating any agreement reached if requested by either | ||||||
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| 1 | party. However, this mutual obligation does not compel the | ||||||
| 2 | transportation network companies or the exclusive bargaining | ||||||
| 3 | representative to agree to a proposal or require the making of | ||||||
| 4 | a concession. | ||||||
| 5 | Section 7. Prevention of unfair work practices. | ||||||
| 6 | (a) The Board is empowered and directed to prevent any TNC | ||||||
| 7 | and any TND organization from engaging in any unfair work | ||||||
| 8 | practice described in this Act. This power shall not be | ||||||
| 9 | affected or impaired by any means of adjustment, mediation, or | ||||||
| 10 | conciliation in labor disputes that have been or may hereafter | ||||||
| 11 | be established by law or by the determination provided for in | ||||||
| 12 | subsection (i) of Section 12. In order to prevent unfair work | ||||||
| 13 | practices, each TNC shall, at least once each year, send a text | ||||||
| 14 | message and an email to each of its active TNDs in a form | ||||||
| 15 | determined by the Board notifying the TNDs of their rights | ||||||
| 16 | under this Act, and the procedure for filing an unfair work | ||||||
| 17 | practice charge. The TNC shall provide the notice in all | ||||||
| 18 | languages that the Board determines are likely spoken by 5% or | ||||||
| 19 | more of TNC drivers. The Board shall also post a copy of this | ||||||
| 20 | notice on its website. | ||||||
| 21 | (b) No complaint shall issue based upon any unfair work | ||||||
| 22 | practice occurring more than 6 months prior to the filing of a | ||||||
| 23 | charge with the Board and the service of a copy upon the person | ||||||
| 24 | against whom the charge is made. Notwithstanding the | ||||||
| 25 | provisions of this subsection, if the aggrieved party did not | ||||||
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| 1 | reasonably have knowledge of the alleged unfair work practice, | ||||||
| 2 | the 6-month filing and service period shall begin to run when | ||||||
| 3 | the charging party knew, or reasonably should have known, of | ||||||
| 4 | the actions which constitute the alleged unfair work practice. | ||||||
| 5 | (c) Whenever it is charged that any person has engaged in, | ||||||
| 6 | or is engaging in, any unfair work practice, the Board, or any | ||||||
| 7 | agent or agency designated by the Board for such purposes, | ||||||
| 8 | shall conduct an investigation of the charge. If after such | ||||||
| 9 | investigation the Board finds that the charge involves a | ||||||
| 10 | dispositive issue of law or fact, the Board shall issue a | ||||||
| 11 | complaint and cause to be served upon the person a complaint | ||||||
| 12 | stating the charges, accompanied by a notice of hearing before | ||||||
| 13 | the Board or a member designated by the Board, or before a | ||||||
| 14 | qualified hearing officer designated by the Board at the | ||||||
| 15 | offices of the Board or such other location as the Board deems | ||||||
| 16 | appropriate, not less than 5 days after serving of such | ||||||
| 17 | complaint. Any such complaint may be amended by the member or | ||||||
| 18 | hearing officer conducting the hearing for the Board in their | ||||||
| 19 | discretion at any time prior to the issuance of an order based | ||||||
| 20 | thereon. The person who is the subject of the complaint has the | ||||||
| 21 | right to file an answer to the original or amended complaint | ||||||
| 22 | and to appear in person or by a representative and give | ||||||
| 23 | testimony at the place and time fixed in the complaint. In the | ||||||
| 24 | discretion of the member or hearing officer conducting the | ||||||
| 25 | hearing or the Board, any other person may be allowed to | ||||||
| 26 | intervene in the proceeding and to present testimony. In any | ||||||
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| 1 | hearing conducted by the Board, neither the Board nor the | ||||||
| 2 | member or agent conducting the hearing shall be bound by the | ||||||
| 3 | rules of evidence applicable to courts, except as to the rules | ||||||
| 4 | of privilege recognized by law. | ||||||
| 5 | (d) The Board shall have the power to issue subpoenas and | ||||||
| 6 | administer oaths. If any party willfully fails or neglects to | ||||||
| 7 | appear or testify or to produce books, papers, and records | ||||||
| 8 | pursuant to the issuance of a subpoena by the Board, the Board | ||||||
| 9 | may apply to a court of competent jurisdiction to request that | ||||||
| 10 | such party be ordered to appear before the Board to testify or | ||||||
| 11 | produce the requested evidence. | ||||||
| 12 | (e) Any testimony taken by the Board, or a member | ||||||
| 13 | designated by the Board or a hearing officer, must be reduced | ||||||
| 14 | to writing and filed with the Board. A full and complete record | ||||||
| 15 | shall be kept of all proceedings before the Board, and all | ||||||
| 16 | proceedings shall be transcribed by a reporter appointed by | ||||||
| 17 | the Board. The party on whom the burden of proof rests shall be | ||||||
| 18 | required to sustain such burden by a preponderance of the | ||||||
| 19 | evidence, and the charging party shall have the burden of | ||||||
| 20 | proving the unfair work practice accordingly. If, upon a | ||||||
| 21 | preponderance of the evidence taken, the Board is of the | ||||||
| 22 | opinion that any person named in the charge has engaged in or | ||||||
| 23 | is engaging in an unfair work practice, then it shall state its | ||||||
| 24 | findings of fact and shall issue and cause to be served upon | ||||||
| 25 | the person an order requiring them to cease and desist from the | ||||||
| 26 | unfair work practice, and to take such affirmative action as | ||||||
| |||||||
| |||||||
| 1 | will effectuate the provisions of this Act including, but not | ||||||
| 2 | limited to: (i) withdrawal of recognition from and refraining | ||||||
| 3 | from sectoral bargaining with any organization or association, | ||||||
| 4 | agency, or plan that is either defined in this Act as a company | ||||||
| 5 | union or established, maintained, or assisted by any action | ||||||
| 6 | defined in this Act as an unfair work practice; (ii) awarding | ||||||
| 7 | of back compensation without any reduction based on the TND's | ||||||
| 8 | interim earnings or failure to earn interim earnings and, upon | ||||||
| 9 | a showing of egregious misconduct, an additional amount as | ||||||
| 10 | liquidated damages equal to 2 times the amount of back | ||||||
| 11 | compensation awarded; (iii) requiring reengagement or | ||||||
| 12 | reestablishment of the TNC's preexisting relationship with an | ||||||
| 13 | improperly adversely affected TND with or without | ||||||
| 14 | compensation, or maintenance of a preferential list from which | ||||||
| 15 | such TND shall be reengaged or the relationship reestablished, | ||||||
| 16 | and such order may further require such respondent to make | ||||||
| 17 | reports from time to time showing the extent to which the order | ||||||
| 18 | has been complied with; (iv) requiring the TNC to recognize | ||||||
| 19 | and bargain with a TND organization if the Board determines | ||||||
| 20 | that the unfair work practice interfered with the TND's right | ||||||
| 21 | to form or join a TND organization; and (v) requiring the | ||||||
| 22 | respondent to comply with any other obligation of this Act. | ||||||
| 23 | The Board's order may in its discretion also include an | ||||||
| 24 | appropriate sanction, based on the Board's rules, and the | ||||||
| 25 | sanction may include an order to pay the other party or | ||||||
| 26 | parties' reasonable expenses including costs and reasonable | ||||||
| |||||||
| |||||||
| 1 | attorney's fees, if the other party has made allegations or | ||||||
| 2 | denials without reasonable cause and found to be untrue or has | ||||||
| 3 | engaged in frivolous litigation for the purpose of delay or | ||||||
| 4 | needless increase in the cost of litigation. If the Board | ||||||
| 5 | awards back compensation, damages, or monetary sanction, it | ||||||
| 6 | shall also award interest at the rate of 7% per annum. The | ||||||
| 7 | Board's order may further require the person to make reports | ||||||
| 8 | from time to time, and demonstrate the extent to which the | ||||||
| 9 | person has complied with the order. If there is no | ||||||
| 10 | preponderance of evidence to indicate to the Board that the | ||||||
| 11 | person named in the charge has engaged in or is engaging in the | ||||||
| 12 | unfair work practice, then the Board shall state its findings | ||||||
| 13 | of fact and shall issue an order dismissing the complaint. | ||||||
| 14 | (f) Until the record in a case has been filed in court, the | ||||||
| 15 | Board at any time, upon reasonable notice and in such manner as | ||||||
| 16 | it deems proper, may modify or set aside, in whole or in part, | ||||||
| 17 | any finding or order made or issued by it. | ||||||
| 18 | (g) A charging party or any person aggrieved by a final | ||||||
| 19 | order of the Board granting or denying in whole or in part the | ||||||
| 20 | relief sought may apply for and obtain judicial review of an | ||||||
| 21 | order of the Board entered under this Act, in accordance with | ||||||
| 22 | the provisions of the Administrative Review Law, except that | ||||||
| 23 | such judicial review shall be afforded directly in the | ||||||
| 24 | Appellate Court for the district in which the aggrieved party | ||||||
| 25 | resides or transacts business, and such judicial review shall | ||||||
| 26 | not be available for the purpose of challenging a final order | ||||||
| |||||||
| |||||||
| 1 | issued by the Board pursuant to Section 10 for which judicial | ||||||
| 2 | review has been petitioned pursuant to subsection (f) of | ||||||
| 3 | Section 10. Any direct appeal to the Appellate Court shall be | ||||||
| 4 | filed within 35 days after the date that a copy of the decision | ||||||
| 5 | sought to be reviewed was served upon the party affected by the | ||||||
| 6 | decision. The filing of such an appeal to the Appellate Court | ||||||
| 7 | shall not automatically stay the enforcement of the Board's | ||||||
| 8 | order. An aggrieved party may apply to the Appellate Court for | ||||||
| 9 | a stay of the enforcement of the Board's order after the | ||||||
| 10 | aggrieved party has followed the procedure prescribed by | ||||||
| 11 | Supreme Court Rule 335. The Board in proceedings under this | ||||||
| 12 | Section shall request and may obtain an order of the court for | ||||||
| 13 | the enforcement of the Board's order. | ||||||
| 14 | (h) Whenever it appears that any person has violated a | ||||||
| 15 | final order of the Board issued pursuant to this Section, the | ||||||
| 16 | Board must commence an action in the name of the People of the | ||||||
| 17 | State of Illinois by petition, alleging the violation, | ||||||
| 18 | attaching a copy of the order of the Board, and praying for the | ||||||
| 19 | issuance of an order directing the person, the person's | ||||||
| 20 | officers, agents, servants, successors, and assigns to comply | ||||||
| 21 | with the order of the Board. The Board shall be represented in | ||||||
| 22 | this action by the Attorney General in accordance with the | ||||||
| 23 | Attorney General Act. The court may grant or refuse, in whole | ||||||
| 24 | or in part, the relief sought, provided that the court may stay | ||||||
| 25 | an order of the Board in accordance with the Administrative | ||||||
| 26 | Review Law, pending disposition of the proceedings. The court | ||||||
| |||||||
| |||||||
| 1 | may punish a violation of its order as in civil contempt. The | ||||||
| 2 | proceedings provided in this paragraph shall be commenced in | ||||||
| 3 | the Appellate Court for the district where the unfair work | ||||||
| 4 | practice which is the subject of the Board's order was | ||||||
| 5 | committed, or where a person required to cease and desist by | ||||||
| 6 | such order resides or transacts business. In case of the | ||||||
| 7 | enforcement of an order of the Board, the Appellate Court | ||||||
| 8 | shall have the power to issue any injunctive or equitable | ||||||
| 9 | remedy it finds appropriate, and in the case of a Board order | ||||||
| 10 | which requires the payment of money, the Appellate Court shall | ||||||
| 11 | have the power to enter judgment for the amount justified by | ||||||
| 12 | the record and for costs, which judgment may be enforced as | ||||||
| 13 | other judgments for the recovery of money. | ||||||
| 14 | (i)(1) A party filing an unfair work practice charge under | ||||||
| 15 | this Section may petition the Board to obtain injunctive | ||||||
| 16 | relief, pending a decision on the merits of the charge by the | ||||||
| 17 | Board, a member designated by the Board, or a hearing officer | ||||||
| 18 | designated by the Board, upon a showing that: (i) it is likely | ||||||
| 19 | to succeed on the merits; (ii) it is likely to suffer | ||||||
| 20 | irreparable harm in the absence of preliminary relief; (iii) | ||||||
| 21 | the balance of equities tips in its favor; and (iv) an | ||||||
| 22 | injunction is in the public interest. The immediate and | ||||||
| 23 | irreparable harm may include the chilling of TNDs in the | ||||||
| 24 | exercise of rights provided or protected by this Act. | ||||||
| 25 | (2) Within 30 days after the receipt by the Board of such | ||||||
| 26 | petition for injunctive relief, if the Board determines that a | ||||||
| |||||||
| |||||||
| 1 | charging party has made a sufficient showing pursuant to | ||||||
| 2 | paragraph (1) the Board, through the Attorney General, shall | ||||||
| 3 | petition the circuit court where the alleged unfair work | ||||||
| 4 | practice was allegedly committed, or where a person required | ||||||
| 5 | to cease and desist from such alleged unfair work practice | ||||||
| 6 | resides or transacts business, for appropriate temporary | ||||||
| 7 | relief or restraining order. If the Board fails to act within | ||||||
| 8 | 10 days, the Board shall be deemed to have made a final order | ||||||
| 9 | determining not to seek injunctive relief. If the Board | ||||||
| 10 | determines not to seek injunctive relief, or if the Board or | ||||||
| 11 | Attorney General do not petition the circuit court for such | ||||||
| 12 | injunctive relief within 30 days after the filing of the | ||||||
| 13 | charging party's petition with the Board, the charging party | ||||||
| 14 | may seek injunctive relief by petition to the circuit court, | ||||||
| 15 | in which case the Board must be joined as a necessary party. | ||||||
| 16 | (3) Upon the filing of any petition for injunctive relief | ||||||
| 17 | as provided in the preceding paragraph, such injunctive relief | ||||||
| 18 | may be granted by the court, after hearing all parties, if it | ||||||
| 19 | determines that there is a sufficient showing under paragraph | ||||||
| 20 | (1). The relief shall expire on decision by the Board, a member | ||||||
| 21 | designated by the Board, or a hearing officer designated by | ||||||
| 22 | the Board finding no unfair work practice to have occurred, | ||||||
| 23 | successful appeal of the grant of injunctive relief, or | ||||||
| 24 | successful motion to vacate or modify such injunctive relief | ||||||
| 25 | pursuant to the Code of Civil Procedure. Any injunctive relief | ||||||
| 26 | in effect pending a decision by the Board (i) shall expire upon | ||||||
| |||||||
| |||||||
| 1 | a decision by the Board finding no unfair work practice to have | ||||||
| 2 | occurred, of which the Board shall notify the court | ||||||
| 3 | immediately, or (ii) shall remain in effect only to the extent | ||||||
| 4 | it implements any remedial order issued by the Board in its | ||||||
| 5 | decision, of which the Board shall notify the court | ||||||
| 6 | immediately. | ||||||
| 7 | (4) A decision on the merits of the unfair work practice | ||||||
| 8 | charge by the Board finding an unfair work practice to have | ||||||
| 9 | occurred shall continue the injunctive relief until either (i) | ||||||
| 10 | the respondent implements the remedy, or (ii) the Board's | ||||||
| 11 | order is set aside in an action for review of the Board's order | ||||||
| 12 | pursuant to the Administrative Review Law as set forth in | ||||||
| 13 | subsection (g). | ||||||
| 14 | (5) The appeal of any order granting, denying, modifying, | ||||||
| 15 | or vacating injunctive relief ordered by the court pursuant to | ||||||
| 16 | this subsection shall be made in accordance with the Code of | ||||||
| 17 | Civil Procedure and Supreme Court Rules. | ||||||
| 18 | (6) The Board or, where applicable, the charging party, | ||||||
| 19 | shall not be required to give any undertakings or bond and | ||||||
| 20 | shall not be liable for any damages or costs which may have | ||||||
| 21 | been sustained by reason of any injunctive relief ordered. In | ||||||
| 22 | the case of a TNC's failure to provide an accurate list of | ||||||
| 23 | names, mobile phone numbers, email addresses, and mailing | ||||||
| 24 | addresses of TNDs, immediate and irreparable injury, loss, or | ||||||
| 25 | damage shall be presumed. | ||||||
| 26 | (j) In addition to, and without limiting, any other | ||||||
| |||||||
| |||||||
| 1 | procedure provided in this Section, the Board is empowered and | ||||||
| 2 | directed to enforce, and prevent violations of paragraph (2) | ||||||
| 3 | of subsection (a) of Section 6 as follows. | ||||||
| 4 | (1) Upon the failure or refusal of a TNC to timely | ||||||
| 5 | submit the list to the Board required by Section 9, the | ||||||
| 6 | Board shall promptly issue a complaint charging the TNC | ||||||
| 7 | with an unfair work practice and petition a court of | ||||||
| 8 | competent jurisdiction for temporary relief to compel | ||||||
| 9 | production of the list, consistent with the procedures in | ||||||
| 10 | subsection (i), except that the Board shall have a | ||||||
| 11 | mandatory, non-discretionary duty to seek such injunctive | ||||||
| 12 | relief. In the case of a TNC's failure to provide the list | ||||||
| 13 | to the Board required by Section 9, immediate and | ||||||
| 14 | irreparable injury, loss, or damage shall be presumed. | ||||||
| 15 | (2) In addition to any other remedy provided by this | ||||||
| 16 | Act, a TNC found to have committed an unfair work practice | ||||||
| 17 | in violation of paragraph (2) of subsection (a) of Section | ||||||
| 18 | 6 shall be subject to a civil penalty, payable to the | ||||||
| 19 | Board, not to exceed $10,000 per day for each day after the | ||||||
| 20 | deadline that the list was not provided. The amount of the | ||||||
| 21 | penalty shall be determined by the Board through | ||||||
| 22 | application of the following criteria: (i) the size of the | ||||||
| 23 | TNC; (ii) the severity of the violation; and (iii) any | ||||||
| 24 | history of violations by the TNC. A TNC found to have | ||||||
| 25 | committed an unfair work practice in violation of | ||||||
| 26 | paragraph (2) of subsection (a) of Section 6 shall also be | ||||||
| |||||||
| |||||||
| 1 | required by the Board to pay the Board's or charging | ||||||
| 2 | party's attorney's fees and costs for any court proceeding | ||||||
| 3 | initiated by the Board or charging party to compel | ||||||
| 4 | production of the list. | ||||||
| 5 | Section 8. Determination of active TNDs. | ||||||
| 6 | (a) Within 90 days after the effective date of this Act, | ||||||
| 7 | and once each calendar quarter thereafter, each covered | ||||||
| 8 | transportation network company shall provide the Board, in an | ||||||
| 9 | electronic format determined by the Board, with information | ||||||
| 10 | that identifies all transportation network drivers who | ||||||
| 11 | completed 10 or more rides that originate in the State on the | ||||||
| 12 | covered TNC's platform in the previous 6 months. | ||||||
| 13 | (b) Each covered TNC shall provide this information within | ||||||
| 14 | 2 weeks after the end of each calendar quarter (by April 14 | ||||||
| 15 | provide TND information from rides originating between October | ||||||
| 16 | 1 and March 31, by July 14 provide TND information from rides | ||||||
| 17 | originating between January 1 and June 30, by October 14 | ||||||
| 18 | provide TND information from rides originating between April 1 | ||||||
| 19 | and September 30, by January 14 provide TND information from | ||||||
| 20 | rides originating between July 1 and December 31). | ||||||
| 21 | (c) The information shall include only the name of the | ||||||
| 22 | TND, the TND driver's license number, and to the extent known | ||||||
| 23 | by a TNC, the TND's mobile phone number, mailing address, | ||||||
| 24 | email address, preferred language, and the number of rides the | ||||||
| 25 | TND completed through the covered TNC's platform in the | ||||||
| |||||||
| |||||||
| 1 | previous 6 months. A TND organization may use the information | ||||||
| 2 | in the list only for the purposes authorized by this Act, and | ||||||
| 3 | shall not provide the information to any third party unless | ||||||
| 4 | that party is acting as the TND organization's agent for the | ||||||
| 5 | purposes authorized by this Act. A covered TNC shall not be | ||||||
| 6 | liable for any damages caused by the TND organization's or the | ||||||
| 7 | Board's failure to safeguard the list as provided in Section | ||||||
| 8 | 16 from a data or security breach. | ||||||
| 9 | (d) Within 14 days after the deadline for submission of | ||||||
| 10 | the information from covered TNCs required in this Section, | ||||||
| 11 | the Board shall combine the data provided by all covered TNCs | ||||||
| 12 | to determine the distribution of the number of rides completed | ||||||
| 13 | by all TNDs for which data has been submitted, and then shall | ||||||
| 14 | determine the median number of rides across TNDs for whom data | ||||||
| 15 | has been submitted in the previous 6 months. Any TND who | ||||||
| 16 | completed greater than or equal to the median number of rides | ||||||
| 17 | shall be considered an active transportation network driver in | ||||||
| 18 | the rideshare industry. The information required to be | ||||||
| 19 | provided to the Board in this Section shall be produced in a | ||||||
| 20 | manipulable electronic format, such as a spreadsheet program | ||||||
| 21 | consisting of cells organized by lettered columns and numbered | ||||||
| 22 | rows with each data point in a separate cell that allows users | ||||||
| 23 | to sort and perform calculations and analysis. The Board may | ||||||
| 24 | require that the information be provided in a specified | ||||||
| 25 | software program. The records and information provided to the | ||||||
| 26 | Board by transportation network companies are exempt from | ||||||
| |||||||
| |||||||
| 1 | disclosure under the Freedom of Information Act. | ||||||
| 2 | Section 9. Determination of covered TNCs. | ||||||
| 3 | (a) Within 90 days after the effective date of this Act, | ||||||
| 4 | and within 2 weeks after the end of each calendar quarter, each | ||||||
| 5 | TNC shall electronically submit to the Board a single | ||||||
| 6 | statewide total of the rides performed during the prior | ||||||
| 7 | quarter by transportation network drivers on its | ||||||
| 8 | online-enabled application or platform. For the purposes of | ||||||
| 9 | this Section, all digital networks or software application | ||||||
| 10 | services that any related corporate entities under common | ||||||
| 11 | control maintain shall be considered a single TNC. | ||||||
| 12 | (b) The information required by subsection (a) shall be | ||||||
| 13 | produced in a manipulable electronic format, such as a | ||||||
| 14 | spreadsheet program consisting of cells organized by lettered | ||||||
| 15 | columns and numbered rows with each data point in a separate | ||||||
| 16 | cell that allows users to sort and perform calculations and | ||||||
| 17 | analysis. The Board may require that the information be | ||||||
| 18 | provided in a specified software program. | ||||||
| 19 | (c) Within 14 days after the deadline set forth in | ||||||
| 20 | subsection (a), the Board shall designate the covered TNCs | ||||||
| 21 | through the following procedure. | ||||||
| 22 | (1) The Board shall total all rides reported pursuant | ||||||
| 23 | to subsection (a). | ||||||
| 24 | (2) The Board shall then rank all TNCs by rideshare | ||||||
| 25 | volume in descending order. The Board shall begin with the | ||||||
| |||||||
| |||||||
| 1 | highest ranked TNC and continue down the list until the | ||||||
| 2 | Board has identified the TNCs whose rides collectively | ||||||
| 3 | equal or exceed 95% of the statewide total for the | ||||||
| 4 | preceding quarter. These TNCs shall be deemed covered TNCs | ||||||
| 5 | for the purposes of this Act. | ||||||
| 6 | (3) For the purposes of this Section, all TNCs under | ||||||
| 7 | common ownership or control shall be considered to be a | ||||||
| 8 | single TNC. The Board shall publish the list of covered | ||||||
| 9 | TNCs and noncovered TNCs and rideshare volume information | ||||||
| 10 | on its website. The Board shall notify each TNC as to | ||||||
| 11 | whether the TNC is a covered TNC. | ||||||
| 12 | (d) The failure of a TNC to submit the list required by | ||||||
| 13 | subsection (a) shall not prevent the Board from providing a | ||||||
| 14 | list of covered and noncovered TNCs to the extent the Board | ||||||
| 15 | concludes that the missing information cannot reasonably be | ||||||
| 16 | expected to change whether those TNCs are covered or | ||||||
| 17 | noncovered TNCs. | ||||||
| 18 | (e) A TNC that was not a covered TNC when a sectoral | ||||||
| 19 | agreement took effect but whose rideshare volume in a later | ||||||
| 20 | quarter brings it within the 95% threshold identified in | ||||||
| 21 | paragraph (2) of subsection (c) shall become a covered TNC, | ||||||
| 22 | and be bound by all terms of the sectoral agreement | ||||||
| 23 | immediately. | ||||||
| 24 | (f) A TNC that becomes a covered TNC pursuant to this | ||||||
| 25 | Section shall remain a covered TNC for the remaining term of a | ||||||
| 26 | sectoral agreement. | ||||||
| |||||||
| |||||||
| 1 | (g) When a sectoral agreement is in effect, any TNC that is | ||||||
| 2 | not a covered TNC for the purposes of this Section may choose | ||||||
| 3 | to become bound to the sectoral agreement by providing written | ||||||
| 4 | notice to the Board, the certified exclusive bargaining | ||||||
| 5 | representative, and the covered TNCs. A TNC that chooses to | ||||||
| 6 | become bound to a sectoral agreement pursuant to this Section | ||||||
| 7 | shall be bound for the remaining term of the agreement. Such a | ||||||
| 8 | TNC shall not, on account of its exercise of the option | ||||||
| 9 | provided by this Section, become a covered TNC for the | ||||||
| 10 | purposes of negotiation of subsequent sectoral agreements or | ||||||
| 11 | coverage by subsequent sectoral agreements. | ||||||
| 12 | (h) It is unlawful for any TNC that is not a covered TNC or | ||||||
| 13 | voluntarily bound by the terms of the sectoral agreement as | ||||||
| 14 | provided by this Section to make any statement, advertisement, | ||||||
| 15 | or imply in any official communication that such TNC is bound | ||||||
| 16 | by the terms of the sectoral agreement. | ||||||
| 17 | (i) During the time that a noncovered TNC is bound by the | ||||||
| 18 | terms of the sectoral agreement pursuant to this Section, the | ||||||
| 19 | certified exclusive bargaining representative shall represent | ||||||
| 20 | the TNC drivers who drive for the noncovered TNC for the | ||||||
| 21 | purposes of this Act. The noncovered TNC shall have the same | ||||||
| 22 | obligations as a covered TNC to provide information to the | ||||||
| 23 | Board necessary to administer this Act and to provide | ||||||
| 24 | information to the exclusive bargaining representative | ||||||
| 25 | necessary for representation of the TNC drivers. | ||||||
| |||||||
| |||||||
| 1 | Section 10. Designation of bargaining representatives. | ||||||
| 2 | (a) For the purposes of this Act, each TND performing TNC | ||||||
| 3 | services on a covered TNC shall be included in an | ||||||
| 4 | industry-wide bargaining unit of all TNDs in the State. | ||||||
| 5 | (b) A TND organization may demonstrate that it has been | ||||||
| 6 | designated as a bargaining representative by presenting to the | ||||||
| 7 | Board cards, petitions, or other evidence, which may be in | ||||||
| 8 | electronic form, sufficient to show the TND has authorized the | ||||||
| 9 | TND organization to act as the worker's bargaining | ||||||
| 10 | representative. A TND may demonstrate that TNDs do not wish to | ||||||
| 11 | be represented by a TND organization by presenting to the | ||||||
| 12 | Board cards, petitions, or other evidence, which may be in | ||||||
| 13 | electronic form, sufficient to show the TND does not authorize | ||||||
| 14 | any TND organization to act as the worker's exclusive | ||||||
| 15 | bargaining representative. The Board shall deem valid any such | ||||||
| 16 | card, petition, or other evidence that includes (i) the | ||||||
| 17 | signature of the TND, (ii) the date of execution, (iii) a | ||||||
| 18 | statement indicating the TND's authorization of the TND | ||||||
| 19 | organization to act as the TND's exclusive bargaining | ||||||
| 20 | representative or alternatively the TND's wish to not be | ||||||
| 21 | represented by a TND organization, and (iv) the name of at | ||||||
| 22 | least one TNC for whom the TND performs services. In order to | ||||||
| 23 | be valid, such card, petition, or other evidence must have | ||||||
| 24 | been executed by the TND within one year of the date that the | ||||||
| 25 | TND organization, or TND, submits the evidence to the Board. | ||||||
| 26 | The authorizations or designations of representatives may be | ||||||
| |||||||
| |||||||
| 1 | evidenced by electronic records or electronic signatures as | ||||||
| 2 | provided under Sections 7 and 8 of the Uniform Electronic | ||||||
| 3 | Transactions Act. The Board shall accept electronic signatures | ||||||
| 4 | as a means to support such authorizations or designations of | ||||||
| 5 | representatives where, as with handwritten signatures, the | ||||||
| 6 | electronic signature method chosen by the party provides the | ||||||
| 7 | Board with prima facie evidence (1) that a TND has | ||||||
| 8 | electronically signed a document purporting to state the TND's | ||||||
| 9 | views regarding representation and (2) that the petitioner has | ||||||
| 10 | accurately transmitted that document to the Board. The | ||||||
| 11 | authorizations or designations of representative shall be | ||||||
| 12 | presumed to be valid unless called into question by the | ||||||
| 13 | presence of objective evidence. The Board may adopt rules for | ||||||
| 14 | verification of electronic signatures to effectuate this | ||||||
| 15 | Section consistent with the following: | ||||||
| 16 | (1) Submissions supported by electronic signature must | ||||||
| 17 | contain the following: (i) the signer's name; (ii) the | ||||||
| 18 | signer's email address or other known contact information, | ||||||
| 19 | such as a social media account; (iii) the signer's | ||||||
| 20 | telephone number; (iv) the authorization language to which | ||||||
| 21 | the signer has agreed; (v) the date the electronic | ||||||
| 22 | signature was submitted; and (vi) the name of at least one | ||||||
| 23 | TNC for whom the TND performs services. The Board shall | ||||||
| 24 | not require any additional TND identifying information to | ||||||
| 25 | be submitted for the signature and authorization to be | ||||||
| 26 | presumed valid. If the submission does not identify at | ||||||
| |||||||
| |||||||
| 1 | least one TNC for whom the TND performs services, then at | ||||||
| 2 | the time the submission is provided to the Board, the | ||||||
| 3 | petitioner may attest, in writing, that the TND currently | ||||||
| 4 | provides services for at least one identified TNC. | ||||||
| 5 | (2) A party submitting either electronic or digital | ||||||
| 6 | signatures must submit a declaration: (i) identifying what | ||||||
| 7 | electronic or digital signature technology was used and | ||||||
| 8 | explaining how its controls ensure that the electronic or | ||||||
| 9 | digital signature is that of the signatory TND and that | ||||||
| 10 | the TND signed the document; and (ii) that the | ||||||
| 11 | electronically transmitted information regarding what and | ||||||
| 12 | when the TNDs signed is the same information seen and | ||||||
| 13 | signed by the TND. | ||||||
| 14 | (3) When the electronic signature technology being | ||||||
| 15 | used does not support digital signatures that can be | ||||||
| 16 | independently verified by a third party, the submitting | ||||||
| 17 | party must submit evidence that, after the electronic | ||||||
| 18 | signature was obtained, the submitting party promptly | ||||||
| 19 | transmitted a communication stating and confirming all the | ||||||
| 20 | information listed in paragraph (1) (the "Confirmation | ||||||
| 21 | Transmission"). The Confirmation Transmission must be sent | ||||||
| 22 | to an individual account, such as an email address, text | ||||||
| 23 | message via mobile phone, or social media account provided | ||||||
| 24 | by the signer. If any responses to the Confirmation | ||||||
| 25 | Transmission are received by the time of submission to the | ||||||
| 26 | Board, those responses must also be provided to the Board. | ||||||
| |||||||
| |||||||
| 1 | (c) The Board shall not adopt or impose any requirements | ||||||
| 2 | for designations or authorizations of representative in | ||||||
| 3 | addition to those specified in subsection (b), unless based on | ||||||
| 4 | objective evidence of fraud, the Board determines that | ||||||
| 5 | additional technical requirements are necessary to prevent | ||||||
| 6 | such fraud. Any such additional requirements shall be | ||||||
| 7 | consistent with the purpose of subsection (b) and shall not | ||||||
| 8 | require additional TND identifying information to be submitted | ||||||
| 9 | for the signature and authorization to be presumed valid. A | ||||||
| 10 | designation or authorization of representative shall not be | ||||||
| 11 | invalidated for typographical or other errors or omissions if | ||||||
| 12 | the intent of the signer is clear and the signer's identity can | ||||||
| 13 | be determined based on the totality of the information | ||||||
| 14 | presented. | ||||||
| 15 | (d)(1) Within 30 days after the petition of any TND | ||||||
| 16 | organization, the Board shall make a determination that such | ||||||
| 17 | organization has been designated as bargaining representative | ||||||
| 18 | by at least 10% of active TNDs in the bargaining unit. For the | ||||||
| 19 | purposes of this paragraph, the operative list of active TNDs | ||||||
| 20 | shall be based on the most recent quarterly list provided by | ||||||
| 21 | the covered TNCs to the Board in accordance with Section 8. | ||||||
| 22 | (2) Within 30 days after the Board's determination that a | ||||||
| 23 | TND organization has been designated as the bargaining | ||||||
| 24 | representative of at least 10% of active TNDs in the | ||||||
| 25 | bargaining unit, the Board shall: (i) require each covered TNC | ||||||
| 26 | to send a notice, in a form determined by the Board, that the | ||||||
| |||||||
| |||||||
| 1 | TND organization is seeking to represent TNDs for the purpose | ||||||
| 2 | of initiating a bargaining process in order to establish terms | ||||||
| 3 | and conditions for the industry; and (ii) provide the TND | ||||||
| 4 | organization with a complete list of names, phone numbers, | ||||||
| 5 | mailing address, email addresses, and preferred language for | ||||||
| 6 | all active TNDs in the bargaining unit. The TNC shall provide | ||||||
| 7 | the notice in all languages that the Board determines are | ||||||
| 8 | likely spoken by 5% or more of TNC drivers. The Board will | ||||||
| 9 | provide the TND organization with an updated list each quarter | ||||||
| 10 | for the following 4 quarters. For 6 months from the date of the | ||||||
| 11 | Board's determination that a TND organization has met the 10% | ||||||
| 12 | threshold in a bargaining unit, and where such TND | ||||||
| 13 | organization is the first TND organization to meet such | ||||||
| 14 | threshold, no other TND organization may be certified as the | ||||||
| 15 | exclusive bargaining representative of those workers without | ||||||
| 16 | an election. | ||||||
| 17 | (e)(1) A TND organization that provides evidence to the | ||||||
| 18 | Board that it has been designated as bargaining representative | ||||||
| 19 | by 30% of active TNDs in the bargaining unit shall be certified | ||||||
| 20 | as the exclusive bargaining representative of all TNDs in the | ||||||
| 21 | bargaining unit. The Board shall make such determination of | ||||||
| 22 | exclusive bargaining representative status within 30 days | ||||||
| 23 | after the petition. In the alternative, a TND organization | ||||||
| 24 | that has been designated as the bargaining representative of | ||||||
| 25 | at least 10% of active TNDs in the bargaining unit, pursuant to | ||||||
| 26 | a petition filed under subsections (d) or (e), may petition | ||||||
| |||||||
| |||||||
| 1 | the Board to conduct an election. The TND organization may | ||||||
| 2 | petition for such election at any time within one year of the | ||||||
| 3 | Board's determination that it has been designated as the | ||||||
| 4 | bargaining representative of at least 10% of active TNDs. The | ||||||
| 5 | election shall be conducted as expeditiously as possible, but | ||||||
| 6 | in no event more than 60 days after the TND organization's | ||||||
| 7 | petition for election. If the TND organization receives a | ||||||
| 8 | majority of valid votes cast in such election, the Board shall | ||||||
| 9 | certify the TND organization as the exclusive bargaining | ||||||
| 10 | representative. For the purposes of this paragraph and for | ||||||
| 11 | petitions filed by a TND organization within 6 months of | ||||||
| 12 | having been designated as a representative by 10% of active | ||||||
| 13 | TNDs pursuant to paragraph (2) of subsection (d), the | ||||||
| 14 | operative list of active TNDs shall be based on the first list | ||||||
| 15 | of active TNDs provided to the TND organization by the Board | ||||||
| 16 | pursuant to paragraph (2) of subsection (d). For the purposes | ||||||
| 17 | of all other petitions under this paragraph, the operative | ||||||
| 18 | list of active TNDs shall be the most recent quarterly list | ||||||
| 19 | provided by the covered TNCs in accordance with Section 8. | ||||||
| 20 | (2) If a TND organization seeking certification as the | ||||||
| 21 | exclusive bargaining representative without an election | ||||||
| 22 | provides evidence that shows that less than a majority of | ||||||
| 23 | active TNDs have designated the TND organization as their | ||||||
| 24 | bargaining representative, the Board shall wait 7 days before | ||||||
| 25 | certifying the TND organization as exclusive bargaining | ||||||
| 26 | representative. If, during those 7 days, another TND | ||||||
| |||||||
| |||||||
| 1 | organization provides evidence that at least 20% of active | ||||||
| 2 | TNDs in the bargaining unit have designated it as their | ||||||
| 3 | bargaining representative, then the Board shall hold an | ||||||
| 4 | election among all active TNDs in the bargaining unit. Such | ||||||
| 5 | election shall be conducted as expeditiously as possible, but | ||||||
| 6 | in no event more than 60 days after the petition of the | ||||||
| 7 | original TND seeking certification as exclusive bargaining | ||||||
| 8 | representative. For the purposes of such election and for | ||||||
| 9 | petitions filed by a TND organization within 6 months of | ||||||
| 10 | having been designated as representative by 10% of active TNDs | ||||||
| 11 | pursuant to paragraph (2) of subsection (d), the operative | ||||||
| 12 | list of active TNDs shall be based on the first list of active | ||||||
| 13 | TNDs provided to the TND organization by the Board pursuant to | ||||||
| 14 | paragraph (2) of subsection (d). For the purposes of all other | ||||||
| 15 | elections under this paragraph, the operative list of active | ||||||
| 16 | TNDs shall be the most recent quarterly list provided by the | ||||||
| 17 | covered TNCs in accordance with Section 8. A TND organization | ||||||
| 18 | receiving a majority of the valid votes cast shall be | ||||||
| 19 | certified as the exclusive bargaining representative of all | ||||||
| 20 | TNDs in the bargaining unit. When 2 or more TND organizations | ||||||
| 21 | are on the ballot and none of the choices (the TND | ||||||
| 22 | organizations or "no worker organization") receives a majority | ||||||
| 23 | of the valid votes cast, there shall be a runoff election | ||||||
| 24 | between the 2 choices receiving the largest and second largest | ||||||
| 25 | number of votes, to be conducted within 45 days after the | ||||||
| 26 | determination that no choice had received a majority of valid | ||||||
| |||||||
| |||||||
| 1 | votes cast. The TNDs eligible to vote in the runoff election | ||||||
| 2 | shall be the same TNDs eligible to vote in the initial | ||||||
| 3 | election. A TND organization receiving a majority of the valid | ||||||
| 4 | votes cast in the runoff election shall be certified as the | ||||||
| 5 | exclusive bargaining representative of all TNDs in the | ||||||
| 6 | bargaining unit. If a majority of the valid votes cast are for | ||||||
| 7 | "no worker organization", then the Board will not certify any | ||||||
| 8 | worker organization as the exclusive bargaining | ||||||
| 9 | representative. | ||||||
| 10 | (3) A TND organization certified as the exclusive | ||||||
| 11 | bargaining representative shall have the exclusive authority | ||||||
| 12 | to represent the TNDs in the bargaining unit, without | ||||||
| 13 | challenge by another TND organization, and not subject to | ||||||
| 14 | decertification by the procedures in this subsection, for the | ||||||
| 15 | greater of (i) one year following certification or (ii) the | ||||||
| 16 | length of time that a final determination rendered by the | ||||||
| 17 | Department under subsection (i) of Section 12 is in effect, | ||||||
| 18 | provided that such period shall not be longer than 3 years | ||||||
| 19 | following the date of issuance of such final determination. | ||||||
| 20 | During the times when an exclusive bargaining representative | ||||||
| 21 | is subject to challenge, TNDs may file for a decertification | ||||||
| 22 | election upon a showing that at least 25% of the active TNDs in | ||||||
| 23 | the bargaining unit have demonstrated support for the | ||||||
| 24 | decertification. The Board will then schedule an election to | ||||||
| 25 | determine whether the TND organization has retained its status | ||||||
| 26 | as exclusive bargaining representative. The TND organization | ||||||
| |||||||
| |||||||
| 1 | shall retain its status as exclusive bargaining representative | ||||||
| 2 | if it receives a majority of valid votes cast by active TNDs in | ||||||
| 3 | the bargaining unit. For the purposes of this paragraph, the | ||||||
| 4 | operative list of active TNDs shall be based on the most recent | ||||||
| 5 | quarterly list provided by the covered TNCs in accordance with | ||||||
| 6 | Section 8. | ||||||
| 7 | (4) If a TND organization has been certified as the | ||||||
| 8 | exclusive bargaining representative with respect to the | ||||||
| 9 | bargaining unit, only that TND organization shall be entitled | ||||||
| 10 | to: (i) immediately upon certification, and, quarterly | ||||||
| 11 | thereafter, receive from the Board the data provided by the | ||||||
| 12 | covered TNCs to the Board pursuant to Section 8, to be used | ||||||
| 13 | solely for the purposes of bargaining and the performance of | ||||||
| 14 | its other duties as the TND's bargaining representative; and | ||||||
| 15 | (ii) to engage in bargaining with the covered TNCs for a | ||||||
| 16 | sectoral agreement to be recommended to the Department | ||||||
| 17 | concerning mandatory subjects of bargaining. | ||||||
| 18 | (5) A TND organization that has been certified as the | ||||||
| 19 | exclusive bargaining representative with respect to the | ||||||
| 20 | bargaining unit shall have a right to voluntary deduction of | ||||||
| 21 | dues, initiation fees, assessments, and other payments to the | ||||||
| 22 | TND organization, from payments to TNDs by a covered TNC, upon | ||||||
| 23 | presentation of deduction authorizations signed by individual | ||||||
| 24 | TNDs, which may be in electronic form. A covered TNC shall | ||||||
| 25 | commence making such deductions in accordance with the terms | ||||||
| 26 | of the deduction authorization as soon as practicable, but in | ||||||
| |||||||
| |||||||
| 1 | no case later than 30 days after receiving proof of a signed | ||||||
| 2 | deduction authorization, and amounts deducted shall be | ||||||
| 3 | submitted to the TND organization within 30 days after the | ||||||
| 4 | deduction. A covered TNC shall accept a signed deduction | ||||||
| 5 | authorization evidenced by electronic records or electronic | ||||||
| 6 | signatures as provided under Sections 7 and 8 of the Uniform | ||||||
| 7 | Electronic Transactions Act. The right to such deductions | ||||||
| 8 | shall remain in full force and effect until an individual TND | ||||||
| 9 | revokes the deduction authorization in writing in accordance | ||||||
| 10 | with the terms of the authorization. | ||||||
| 11 | (f) An order of the Board dismissing a representation | ||||||
| 12 | petition or determining, certifying, or decertifying a TND | ||||||
| 13 | organization as an exclusive bargaining representative is a | ||||||
| 14 | final order. Any person aggrieved by any such final order may | ||||||
| 15 | apply for and obtain judicial review in accordance with the | ||||||
| 16 | provisions of the Administrative Review Law, except that such | ||||||
| 17 | review shall be afforded directly in the Appellate Court for | ||||||
| 18 | the district in which the aggrieved party resides or transacts | ||||||
| 19 | business. Any direct appeal to the Appellate Court shall be | ||||||
| 20 | filed within 35 days after the date that a copy of the decision | ||||||
| 21 | sought to be reviewed was served upon the party affected by the | ||||||
| 22 | decision. | ||||||
| 23 | (g) Upon agreement by a TND organization seeking such | ||||||
| 24 | determination or petition or a TND seeking such determination, | ||||||
| 25 | and the relevant covered TNC or TNCs, any of the numerical | ||||||
| 26 | thresholds or any of the elections in this Section shall be | ||||||
| |||||||
| |||||||
| 1 | determined or conducted by a neutral body, in accordance with | ||||||
| 2 | the provisions of this Act. The fees of the neutral body shall | ||||||
| 3 | be paid by the Board. The neutral body shall report the results | ||||||
| 4 | of such determination or election to the Board, which shall | ||||||
| 5 | certify the results if it is satisfied that the determination | ||||||
| 6 | was made or election was conducted in accordance with the | ||||||
| 7 | provisions of this Act. If no neutral body has been agreed to | ||||||
| 8 | within 10 days after a TND organization's or TND's notice of | ||||||
| 9 | its request for a determination or its petition, the Board may | ||||||
| 10 | designate a neutral body or perform such functions itself. | ||||||
| 11 | Section 11. Administrative fees. | ||||||
| 12 | (a) Beginning on the date that a TND organization is | ||||||
| 13 | certified as the exclusive bargaining representative, each | ||||||
| 14 | covered TNC shall impose a fee of 20 cents per trip, which the | ||||||
| 15 | Board shall collect. The Board shall use such fees to issue | ||||||
| 16 | grants to the exclusive bargaining representative to educate | ||||||
| 17 | TNDs regarding their rights under this Act, to provide | ||||||
| 18 | assistance in enforcing those rights, and to enforce the terms | ||||||
| 19 | of an agreement or determination approved by the Department | ||||||
| 20 | under this Act. | ||||||
| 21 | (b) The fee shall be 20 cents per ride on each trip | ||||||
| 22 | originating in the State performed by a TND. Beginning on the | ||||||
| 23 | first January 1st after a TND organization has been certified | ||||||
| 24 | as an exclusive bargaining representative for at least 12 | ||||||
| 25 | months, and each January 1st thereafter, the fee shall be | ||||||
| |||||||
| |||||||
| 1 | adjusted to the nearest penny to reflect any increase in | ||||||
| 2 | inflation as measured by the Consumer Price Index for All | ||||||
| 3 | Urban Consumers published by the United States Bureau of Labor | ||||||
| 4 | Statistics. The Board shall calculate and publish the | ||||||
| 5 | adjustments required by this subsection. | ||||||
| 6 | (c) The fee shall be displayed to customers as a "Labor | ||||||
| 7 | Relations Administrative Fee". | ||||||
| 8 | (d) The Board shall adopt by rule an exclusive bargaining | ||||||
| 9 | representative grant application and criteria for evaluating | ||||||
| 10 | such grant applications, including criteria to ensure that the | ||||||
| 11 | exclusive bargaining representative has the capacity and | ||||||
| 12 | expertise to provide education and enforcement support to | ||||||
| 13 | TNDs. If the exclusive bargaining representative meets the | ||||||
| 14 | criteria established by the Board, the Board shall approve the | ||||||
| 15 | grant application and remit the fees to the exclusive | ||||||
| 16 | bargaining representative on a monthly basis, with each | ||||||
| 17 | payment occurring no more than 30 days following the end of the | ||||||
| 18 | month. The fees shall be used by the TND organization solely to | ||||||
| 19 | educate TNDs regarding the rights protected by this Act, to | ||||||
| 20 | provide assistance in enforcing those rights, to negotiate the | ||||||
| 21 | sectoral agreement as provided in this Act, and to enforce the | ||||||
| 22 | terms of any agreement or determination approved by the | ||||||
| 23 | Department under this Act. No portion of such fees shall be | ||||||
| 24 | used for political contributions or lobbying. If no such grant | ||||||
| 25 | is awarded or if the fees collected exceed the grant awarded, | ||||||
| 26 | the Board shall use such fees for educational or enforcement | ||||||
| |||||||
| |||||||
| 1 | activities regarding the provisions of this Act. | ||||||
| 2 | (e) Each exclusive bargaining representative shall submit | ||||||
| 3 | an annual report to the Board in a form to be determined by the | ||||||
| 4 | Board setting forth how the fees have been utilized. The Board | ||||||
| 5 | shall review each annual report and certify whether the | ||||||
| 6 | exclusive bargaining representative is utilizing the fees for | ||||||
| 7 | appropriate activities and continues to meet the grant | ||||||
| 8 | application criteria. The Board shall adopt rules to establish | ||||||
| 9 | a process by which it may suspend or revoke grants based on the | ||||||
| 10 | failure to utilize the fees for educational or enforcement | ||||||
| 11 | activities or the failure to meet the grant application | ||||||
| 12 | criteria. If the Board finds that the exclusive bargaining | ||||||
| 13 | representative does not meet the grant application criteria, | ||||||
| 14 | the Board may utilize the fees for its own educational and | ||||||
| 15 | enforcement activities, and the exclusive bargaining | ||||||
| 16 | representative may reapply for a grant in the following year. | ||||||
| 17 | Section 12. Bargaining, impasse resolution procedures, and | ||||||
| 18 | final determination by the Department. | ||||||
| 19 | (a) Once the Board certifies that a TND organization is | ||||||
| 20 | the exclusive bargaining representative for the bargaining | ||||||
| 21 | unit, the Board shall notify all covered TNCs, and all covered | ||||||
| 22 | TNCs shall be required to bargain with the exclusive | ||||||
| 23 | bargaining representative concerning mandatory subjects of | ||||||
| 24 | bargaining. The covered TNCs and TND organization may bargain | ||||||
| 25 | concerning other subjects agreed to by the parties. To | ||||||
| |||||||
| |||||||
| 1 | facilitate negotiations, the covered TNCs may form an industry | ||||||
| 2 | association to negotiate on their behalf. If the covered TNCs | ||||||
| 3 | choose not to form an association, any recommended agreement | ||||||
| 4 | must be approved by (i) at least 2 industry member covered TNCs | ||||||
| 5 | and (ii) member covered TNCs representing at least 80% of the | ||||||
| 6 | market share of that industry in the State, with votes | ||||||
| 7 | determined in proportion to the number of rides completed by | ||||||
| 8 | TNDs contracting directly with the covered TNC in the 2 | ||||||
| 9 | calendar quarters preceding the certification of the exclusive | ||||||
| 10 | bargaining representative. | ||||||
| 11 | (b) Each individual covered TNC shall retain exclusive | ||||||
| 12 | control over the development, maintenance, design, pricing, | ||||||
| 13 | and implementation of its product and product features, | ||||||
| 14 | software, contract terms, algorithm, and operations and areas | ||||||
| 15 | of service. | ||||||
| 16 | (c) A sectoral agreement submitted to the Department for | ||||||
| 17 | approval pursuant to subsection (i) shall address, at minimum, | ||||||
| 18 | the following subjects, each of which must be set forth | ||||||
| 19 | separately in the sectoral agreement, unless a subject is | ||||||
| 20 | expressly waived by mutual agreement of the exclusive | ||||||
| 21 | bargaining representative and the covered TNCs: | ||||||
| 22 | (1) Compensation. | ||||||
| 23 | (2) Benefits. | ||||||
| 24 | (3) Appeals process for deactivations. | ||||||
| 25 | (4) Representation of TNC drivers in deactivation | ||||||
| 26 | appeals. | ||||||
| |||||||
| |||||||
| 1 | (5) Paid leave. | ||||||
| 2 | (6) Information disclosed to TNC drivers about trips | ||||||
| 3 | on per-trip, weekly, and monthly earnings receipts and | ||||||
| 4 | summaries, and on initial ride offers. | ||||||
| 5 | (7) Grievance and arbitration procedures to resolve | ||||||
| 6 | disputes arising under the sectoral agreement. | ||||||
| 7 | (8) Safety mandates imposed by the covered TNCs that | ||||||
| 8 | require TNC drivers to purchase safety equipment or | ||||||
| 9 | purchase safety software, and safety features or protocols | ||||||
| 10 | proposed by the exclusive bargaining representative that | ||||||
| 11 | have a demonstrable purpose of reducing the risk of | ||||||
| 12 | physical assault or injury to TNC drivers. For the | ||||||
| 13 | purposes of this paragraph, "purchase" includes an | ||||||
| 14 | automatic withdrawal from TNC driver earnings. | ||||||
| 15 | (9) Labor-TNC partnerships. | ||||||
| 16 | (10) Reasonable access by the exclusive bargaining | ||||||
| 17 | representative to covered TNC-to-TNC driver communication | ||||||
| 18 | systems. | ||||||
| 19 | (11) Deduction of voluntary fees and dues from | ||||||
| 20 | payments to TNC drivers. | ||||||
| 21 | (12) Duration of the sectoral agreement, which shall | ||||||
| 22 | be between 3 and 5 years. | ||||||
| 23 | (13) Insurance coverage for occupational accidents or | ||||||
| 24 | injuries. | ||||||
| 25 | (14) Compensation or supplemental insurance for job | ||||||
| 26 | loss. | ||||||
| |||||||
| |||||||
| 1 | (d) A sectoral agreement, including an agreement | ||||||
| 2 | recommended by an arbitrator pursuant to paragraph (6) of | ||||||
| 3 | subsection (h), shall not contain a provision that prevents an | ||||||
| 4 | individual covered TNC from exercising its autonomy pursuant | ||||||
| 5 | to subsection (b). | ||||||
| 6 | (e) The negotiated sectoral agreement shall be submitted | ||||||
| 7 | by the TND organization to a vote by all TNDs who have | ||||||
| 8 | completed at least 100 trips in the previous calendar quarter. | ||||||
| 9 | Such vote shall be conducted by the TND organization pursuant | ||||||
| 10 | to procedures determined at the discretion of the TND | ||||||
| 11 | organization. If approved by a majority of TNDs who vote, the | ||||||
| 12 | sectoral agreement shall be submitted to the Department for | ||||||
| 13 | approval. If a majority of valid votes cast by the TNDs are not | ||||||
| 14 | in favor of the sectoral agreement, the TND organization and | ||||||
| 15 | the covered TNCs will resume negotiating. | ||||||
| 16 | (f) For the purposes of this Section, an impasse may be | ||||||
| 17 | deemed to exist if the covered TNCs and exclusive bargaining | ||||||
| 18 | representative fail to achieve agreement by the end of a | ||||||
| 19 | 210-day period from the date a TND organization has been | ||||||
| 20 | certified as the exclusive bargaining representative. In the | ||||||
| 21 | case of bargaining for a successor sectoral agreement, an | ||||||
| 22 | impasse may be deemed to exist if the covered TNCs and | ||||||
| 23 | exclusive bargaining representative fail to achieve agreement | ||||||
| 24 | by the end of a 60-day period preceding the expiration date of | ||||||
| 25 | a prior determination by the Department as provided for in | ||||||
| 26 | subsection (i). | ||||||
| |||||||
| |||||||
| 1 | (g) Upon impasse, any of the affected covered TNCs or the | ||||||
| 2 | exclusive bargaining representative may request the Board to | ||||||
| 3 | render assistance as provided in this Section. | ||||||
| 4 | (h) Upon receiving a timely request from an exclusive | ||||||
| 5 | bargaining representative or covered TNC for commencement of | ||||||
| 6 | an impasse proceeding, the Board shall aid the parties as | ||||||
| 7 | follows: | ||||||
| 8 | (1) To assist the parties to effect a voluntary | ||||||
| 9 | resolution of the dispute, the Board shall provide the | ||||||
| 10 | parties with a list of qualified mediators as maintained | ||||||
| 11 | by the Board within 7 days after the request for | ||||||
| 12 | commencement of impasse proceedings. Within 7 days after | ||||||
| 13 | receipt of such list, the parties shall either select a | ||||||
| 14 | mediator from the Board's list or select another mutually | ||||||
| 15 | agreed mediator. If the parties fail to select a mediator | ||||||
| 16 | and notify the Board of their selection, within 7 days | ||||||
| 17 | after the date the Board provided the list of mediators, | ||||||
| 18 | the Board shall appoint a mediator from the list. The | ||||||
| 19 | Board shall make such an appointment and notify the | ||||||
| 20 | parties within 7 days. If the mediator is unable to | ||||||
| 21 | achieve agreement between the parties concerning an | ||||||
| 22 | appropriate resolution within 60 days after the Board has | ||||||
| 23 | provided the parties the list of mediators, any party may | ||||||
| 24 | petition the Board to refer the dispute to an arbitrator. | ||||||
| 25 | (2) Upon timely petition of either party, the Board | ||||||
| 26 | shall refer the dispute to an arbitrator as provided. | ||||||
| |||||||
| |||||||
| 1 | (3) Each of the affected parties (affected covered | ||||||
| 2 | TNCs and the exclusive bargaining representative) shall | ||||||
| 3 | have an equal say in the selection of the arbitrator and | ||||||
| 4 | each of the affected parties shall share equally the cost | ||||||
| 5 | of the arbitrator. If the parties are unable to agree upon | ||||||
| 6 | the arbitrator within 7 days after the Board notifies the | ||||||
| 7 | covered TNCs of the need to appoint an arbitrator, the | ||||||
| 8 | Board shall submit to the parties a list of qualified, | ||||||
| 9 | disinterested persons for the selection of an arbitrator. | ||||||
| 10 | A representative of each of the parties shall alternately | ||||||
| 11 | strike from the list one of the names with the order of | ||||||
| 12 | striking determined by lot, until the remaining one person | ||||||
| 13 | shall be designated as the arbitrator. Each party shall | ||||||
| 14 | select its representative for this purpose as it sees fit. | ||||||
| 15 | A party's failure to agree upon the designation of its | ||||||
| 16 | representative shall result in the failure of the striking | ||||||
| 17 | procedure, but shall not impede the Board's appointment of | ||||||
| 18 | the arbitrator upon such failure. The striking process | ||||||
| 19 | shall be completed within 5 days after receipt of the | ||||||
| 20 | Board's list. The representatives who undertake the | ||||||
| 21 | striking shall notify the Board of the designated | ||||||
| 22 | arbitrator. If the parties are unable to select the | ||||||
| 23 | arbitrator within 5 days following receipt of this list, | ||||||
| 24 | the Board shall appoint the arbitrator. | ||||||
| 25 | (4) The arbitrator shall hold hearings on all matters | ||||||
| 26 | related to the dispute, concerning mandatory subjects of | ||||||
| |||||||
| |||||||
| 1 | bargaining, and any other subject agreed to be submitted | ||||||
| 2 | by the covered TNCs and the TND organization. The parties | ||||||
| 3 | may be heard either in person, by counsel, or by other | ||||||
| 4 | representatives, as they may respectively designate. The | ||||||
| 5 | arbitrator shall determine the order of presentation by | ||||||
| 6 | the parties, and shall have discretion and authority to | ||||||
| 7 | decide all procedural issues that may be raised. | ||||||
| 8 | (5) The parties may present, either orally or in | ||||||
| 9 | writing, or both, statements of fact, supporting witnesses | ||||||
| 10 | and other evidence, and argument of their respective | ||||||
| 11 | positions with respect to each case. The arbitrator shall | ||||||
| 12 | have authority to require the production of such | ||||||
| 13 | additional evidence, either oral or written as they may | ||||||
| 14 | desire from the parties and shall provide at the request | ||||||
| 15 | of either party that a full and complete record be kept of | ||||||
| 16 | any such hearings, the cost of such record to be borne by | ||||||
| 17 | the requesting party. If such a record is created, it | ||||||
| 18 | shall be shared with all parties regardless of which party | ||||||
| 19 | paid for it. | ||||||
| 20 | (6) The arbitrator shall make a just and reasonable | ||||||
| 21 | determination of the matters in dispute, set forth in | ||||||
| 22 | paragraph (4) of subsection (h), and within 90 days after | ||||||
| 23 | the arbitrator's appointment shall issue a determination | ||||||
| 24 | that shall apply to all covered TNCs and the exclusive | ||||||
| 25 | bargaining representative. The time period for the | ||||||
| 26 | arbitrator's determination may be extended by the | ||||||
| |||||||
| |||||||
| 1 | arbitrator upon good cause shown, or by agreement by the | ||||||
| 2 | parties. In arriving at such determination, the arbitrator | ||||||
| 3 | shall specify the basis for the arbitrator's findings, | ||||||
| 4 | taking into consideration, in addition to any factors | ||||||
| 5 | recommended by the parties that the arbitrator finds to be | ||||||
| 6 | consistent with this Act, the following: | ||||||
| 7 | (i) whether the compensation, benefits, and | ||||||
| 8 | conditions of work of the TNDs achieve the policy | ||||||
| 9 | goals set forth in Section 2; such compensation and | ||||||
| 10 | benefits must take into account the real cost of | ||||||
| 11 | living, and may substantially exceed any statutory | ||||||
| 12 | minimum wage, and should be a sufficient amount such | ||||||
| 13 | that the TNDs do not need to rely upon any public | ||||||
| 14 | benefits; | ||||||
| 15 | (ii) whether the most efficient way to provide | ||||||
| 16 | benefits is through a portable benefits fund, and if | ||||||
| 17 | so, how to best assess each covered TNC a portion of | ||||||
| 18 | the costs of providing those benefits; | ||||||
| 19 | (iii) the financial ability of the affected | ||||||
| 20 | covered TNCs to pay for the compensation and benefits | ||||||
| 21 | in question and the impact on the delivery of services | ||||||
| 22 | provided by the covered TNCs; | ||||||
| 23 | (iv) the establishment of a reasonable | ||||||
| 24 | deactivation appeals process that will allow TNDs a | ||||||
| 25 | reasonable expectation of uninterrupted work; and | ||||||
| 26 | (v) comparison of particularities in regard to | ||||||
| |||||||
| |||||||
| 1 | other trades or professions, including specifically, | ||||||
| 2 | hazards of work, physical qualifications, educational | ||||||
| 3 | qualifications, mental qualifications, job training, | ||||||
| 4 | and skills. | ||||||
| 5 | (i) Any sectoral agreement, whether agreed upon between | ||||||
| 6 | covered TNCs and a TND organization acting as exclusive | ||||||
| 7 | bargaining representative of TNDs in the bargaining unit or as | ||||||
| 8 | determined by an arbitrator, under this Act shall be reviewed | ||||||
| 9 | and approved or disapproved by the Department. In deciding | ||||||
| 10 | whether to grant approval to such sectoral agreement, the | ||||||
| 11 | Department's decision shall be based on the factors specified | ||||||
| 12 | in paragraph (6) of subsection (h), and the policies set forth | ||||||
| 13 | in Section 2. In deciding whether to approve such sectoral | ||||||
| 14 | agreement, the Department shall afford the exclusive | ||||||
| 15 | representative, all covered TNCs, and TNDs no more than 30 | ||||||
| 16 | days to submit comments and arguments concerning whether | ||||||
| 17 | approval is warranted. Within 60 days after the deadline for | ||||||
| 18 | submitting comments, the Department shall approve or | ||||||
| 19 | disapprove the sectoral agreement. If the Department | ||||||
| 20 | disapproves of the sectoral agreement, the Department may make | ||||||
| 21 | recommendations for amendments to the sectoral agreement that | ||||||
| 22 | would cause the Department to approve and afford the parties | ||||||
| 23 | an opportunity to respond to those recommendations. If, during | ||||||
| 24 | the period of time the sectoral agreement is in effect, the | ||||||
| 25 | Department determines that market conditions have changed, the | ||||||
| 26 | Department shall give the exclusive bargaining representative, | ||||||
| |||||||
| |||||||
| 1 | all covered TNCs, and TNDs the opportunity to submit comments | ||||||
| 2 | and arguments concerning whether the final determination | ||||||
| 3 | should be modified, and after receiving those comments, the | ||||||
| 4 | Department may modify the final determination. Any new terms | ||||||
| 5 | for the bargaining unit shall be set in accordance with the | ||||||
| 6 | procedures set forth in this Section. | ||||||
| 7 | (j) A final determination by the Department under this | ||||||
| 8 | Section is a final order. Any covered TNC or exclusive | ||||||
| 9 | bargaining representative aggrieved by any such final order | ||||||
| 10 | may apply for and obtain judicial review in accordance with | ||||||
| 11 | the provisions of the Administrative Review Law, except that | ||||||
| 12 | such review shall be afforded directly in the Appellate Court | ||||||
| 13 | for the district in which the aggrieved party resides or | ||||||
| 14 | transacts business, and provided that such final orders of the | ||||||
| 15 | Department shall only be overturned if found to be an abuse of | ||||||
| 16 | discretion. Any direct appeal to the Appellate Court shall be | ||||||
| 17 | filed within 35 days after the date that a copy of the decision | ||||||
| 18 | sought to be reviewed was served upon the party affected by the | ||||||
| 19 | decision. Except in a proceeding brought to review a final | ||||||
| 20 | order of the Department, the determination of an arbitrator | ||||||
| 21 | under this Section shall not be subject to judicial review. | ||||||
| 22 | Section 13. Compliance with other laws. | ||||||
| 23 | (a) Notwithstanding any other law, with respect to | ||||||
| 24 | transportation network company services performed by | ||||||
| 25 | transportation network drivers for a covered TNC, the | ||||||
| |||||||
| |||||||
| 1 | obligations imposed by the Illinois Secure Choice Savings | ||||||
| 2 | Program Act, the Minimum Wage Law, the Equal Wage Act, the | ||||||
| 3 | Equal Pay Act of 2003, the Illinois Wage Payment and | ||||||
| 4 | Collection Act, the Sales Representative Act, the Prevailing | ||||||
| 5 | Wage Act, the Burial Rights Act, the One Day Rest In Seven Act, | ||||||
| 6 | the Eight Hour Work Day Act, the School Visitation Rights Act, | ||||||
| 7 | the Civil Air Patrol Leave Act, the Employee Blood and Organ | ||||||
| 8 | Donation Leave Act, the Employee Medical Contribution Act, the | ||||||
| 9 | Military Leave Act, the Family Bereavement Leave Act, the | ||||||
| 10 | Employer as Lessee Bond Act, the Child Extended Bereavement | ||||||
| 11 | Leave Act, the Family Neonatal Intensive Care Leave Act, the | ||||||
| 12 | Employee Benefit Contribution Act, the Personal Service Wage | ||||||
| 13 | Refund Act, the Earned Income Tax Credit Information Act, the | ||||||
| 14 | Day and Temporary Labor Services Act, the Victims' Economic | ||||||
| 15 | Security and Safety Act, the Domestic Workers' Bill of Rights | ||||||
| 16 | Act, the Employee Classification Act, the Illinois Fringe | ||||||
| 17 | Benefit Portability and Continuity Act, the Employee Sick | ||||||
| 18 | Leave Act, the Paid Leave for All Workers Act, the Workers' | ||||||
| 19 | Compensation Act, the Workers' Occupational Diseases Act, and | ||||||
| 20 | the Unemployment Insurance Act shall be deemed satisfied and | ||||||
| 21 | not separately enforceable if the covered TNC is in | ||||||
| 22 | substantial compliance with this Act or with any sectoral | ||||||
| 23 | bargaining agreement approved pursuant to this Act. | ||||||
| 24 | (b) Compliance with this Act or with an approved sectoral | ||||||
| 25 | agreement shall not establish or give rise to a presumption of | ||||||
| 26 | an employment relationship between a TNC and a TND for any | ||||||
| |||||||
| |||||||
| 1 | purpose under State or local law. | ||||||
| 2 | (c) With respect to transportation network company | ||||||
| 3 | services performed by a transportation network driver for a | ||||||
| 4 | covered transportation network company, the benefits, earnings | ||||||
| 5 | provisions, leave, or standards in an approved sectoral | ||||||
| 6 | agreement, if any, shall be enforceable exclusively pursuant | ||||||
| 7 | to the terms of the sectoral agreement or the provisions of | ||||||
| 8 | this Act. | ||||||
| 9 | (d) This Section is inoperative 5 years after the | ||||||
| 10 | effective date of this Act, unless prior to that date a | ||||||
| 11 | sectoral agreement has been approved by the Department | ||||||
| 12 | pursuant to the Act, in which case this Section shall not be | ||||||
| 13 | inoperative. If this Section is inoperative, no claims covered | ||||||
| 14 | by this Section shall have their statutes of limitations | ||||||
| 15 | tolled during the period this Section is operative. | ||||||
| 16 | Section 14. Home rule. | ||||||
| 17 | (a) Notwithstanding any other provision of law, the | ||||||
| 18 | regulation of transportation network driver labor relations is | ||||||
| 19 | an exclusive power and function of the State. A unit of local | ||||||
| 20 | government, including a home rule unit, may not regulate | ||||||
| 21 | transportation network driver labor relations. This subsection | ||||||
| 22 | is a denial and limitation of home rule powers and functions | ||||||
| 23 | under subsection (h) of Section 6 of Article VII of the | ||||||
| 24 | Illinois Constitution. | ||||||
| 25 | (b) Upon approval of a sectoral agreement pursuant to this | ||||||
| |||||||
| |||||||
| 1 | Act, the regulation of transportation network driver earnings, | ||||||
| 2 | benefits, or other conditions of work set forth in subsection | ||||||
| 3 | (c) of Section 12 is an exclusive power and function of the | ||||||
| 4 | State. Upon approval of a sectoral agreement pursuant to this | ||||||
| 5 | Act, a unit of local government, including a home rule unit, | ||||||
| 6 | may not regulate transportation network driver earnings, | ||||||
| 7 | benefits, or other conditions of work set forth in subsection | ||||||
| 8 | (c) of Section 12. This subsection is a denial and limitation | ||||||
| 9 | of home rule powers and functions under subsection (h) of | ||||||
| 10 | Section 6 of Article VII of the Illinois Constitution. | ||||||
| 11 | Section 15. Applicability of other labor standards. Other | ||||||
| 12 | than as established in this Act, no sectoral agreement, | ||||||
| 13 | arbitrator's determination, or final determination by the | ||||||
| 14 | Department made pursuant to this Act shall diminish or erode | ||||||
| 15 | any minimum labor standard that would otherwise apply to a | ||||||
| 16 | TND. | ||||||
| 17 | Section 16. Rulemaking. | ||||||
| 18 | (a) The Board and the Department shall make such rules as | ||||||
| 19 | may be appropriate to effectuate the purposes and provisions | ||||||
| 20 | of this Act. In order to provide for the expeditious and timely | ||||||
| 21 | implementation of the provisions of this Act, such rules may | ||||||
| 22 | be adopted by the Board or the Department as emergency rules | ||||||
| 23 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
| 24 | Procedure Act within 6 months of the effective date of this | ||||||
| |||||||
| |||||||
| 1 | Act. The adoption of those emergency rules shall be considered | ||||||
| 2 | an emergency and necessary for the public interest, safety, | ||||||
| 3 | and welfare. | ||||||
| 4 | (b) The Board may apply, in its discretion, applicable | ||||||
| 5 | rules adopted under the Illinois Public Labor Relations Act to | ||||||
| 6 | the extent those procedures are not inconsistent with the | ||||||
| 7 | procedures specified in this Act. To effect that purpose, the | ||||||
| 8 | Board may, in its discretion, and to the extent doing so is not | ||||||
| 9 | inconsistent with the procedures specified in this Act, | ||||||
| 10 | interpret rules adopted under the Illinois Public Labor | ||||||
| 11 | Relations Act, referencing "employer" to include a | ||||||
| 12 | transportation network company, referencing "employee" to | ||||||
| 13 | include a transportation network driver, and referencing a | ||||||
| 14 | "labor organization" to include a transportation network | ||||||
| 15 | driver organization. | ||||||
| 16 | (c) The rules shall establish the obligations and | ||||||
| 17 | procedures for the Board and TND organizations to protect TND | ||||||
| 18 | data from public disclosure and unauthorized use, including: | ||||||
| 19 | (i) minimization of data collected to what is necessary under | ||||||
| 20 | this Act; (ii) encryption standards adhering to recognized | ||||||
| 21 | security protocols; (iii) access controls to ensure that only | ||||||
| 22 | authorized persons can view or process driver data; (iv) data | ||||||
| 23 | retention policy; (v) auditing and compliance monitoring; (vi) | ||||||
| 24 | data breach protocol; (vii) limitations on data use; and | ||||||
| 25 | (viii) limiting the disclosure of driver personal identifying | ||||||
| 26 | information to the confidential uses necessary to effectuate | ||||||
| |||||||
| |||||||
| 1 | this Act and not for the purpose of enforcing federal | ||||||
| 2 | immigration law or providing it to an agency that primarily | ||||||
| 3 | enforces immigration law, unless the Board is provided with a | ||||||
| 4 | lawful court order or judicial warrant signed by a judge | ||||||
| 5 | appointed pursuant to Article III of the United States | ||||||
| 6 | Constitution, a federal grand jury or trial subpoena, or as | ||||||
| 7 | otherwise required by federal law. | ||||||
| 8 | Section 17. Public records. Any record furnished to the | ||||||
| 9 | Board, Department, or other state agency by a TNC pursuant to | ||||||
| 10 | this Act including, but not limited to, TND records, shall not | ||||||
| 11 | be considered a public record as defined in subsection (c) of | ||||||
| 12 | Section 2 of the Freedom of Information Act. Such records are | ||||||
| 13 | confidential and shall not be disclosed by the Board or any | ||||||
| 14 | persons who may be authorized by the Board to process them | ||||||
| 15 | solely for the purposes of this Act. | ||||||
| 16 | Section 900. The Illinois Administrative Procedure Act is | ||||||
| 17 | amended by adding Section 5-45.71 as follows: | ||||||
| 18 | (5 ILCS 100/5-45.71 new) | ||||||
| 19 | Sec. 5-45.71. Emergency rulemaking; Transportation Network | ||||||
| 20 | Driver Labor Relations Act. To provide for the expeditious and | ||||||
| 21 | timely implementation of the Transportation Network Driver | ||||||
| 22 | Labor Relations Act, emergency rules implementing the | ||||||
| 23 | Transportation Network Driver Labor Relations Act may be | ||||||
| |||||||
| |||||||
| 1 | adopted in accordance with Section 5-45 by the Illinois Labor | ||||||
| 2 | Relations Board or the Department of Labor. The adoption of | ||||||
| 3 | emergency rules authorized by Section 5-45 and this Section is | ||||||
| 4 | deemed to be necessary for the public interest, safety, and | ||||||
| 5 | welfare. | ||||||
| 6 | This Section is repealed one year after the effective date | ||||||
| 7 | of this amendatory Act of the 104th General Assembly. | ||||||
| 8 | Section 905. The Freedom of Information Act is amended by | ||||||
| 9 | changing Section 7.5 as follows: | ||||||
| 10 | (5 ILCS 140/7.5) | ||||||
| 11 | (Text of Section before amendment by P.A. 104-441 and | ||||||
| 12 | 104-457) | ||||||
| 13 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 14 | by the statutes referenced below, the following shall be | ||||||
| 15 | exempt from inspection and copying: | ||||||
| 16 | (a) All information determined to be confidential | ||||||
| 17 | under Section 4002 of the Technology Advancement and | ||||||
| 18 | Development Act. | ||||||
| 19 | (b) Library circulation and order records identifying | ||||||
| 20 | library users with specific materials under the Library | ||||||
| 21 | Records Confidentiality Act. | ||||||
| 22 | (c) Applications, related documents, and medical | ||||||
| 23 | records received by the Experimental Organ Transplantation | ||||||
| 24 | Procedures Board and any and all documents or other | ||||||
| |||||||
| |||||||
| 1 | records prepared by the Experimental Organ Transplantation | ||||||
| 2 | Procedures Board or its staff relating to applications it | ||||||
| 3 | has received. | ||||||
| 4 | (d) Information and records held by the Department of | ||||||
| 5 | Public Health and its authorized representatives relating | ||||||
| 6 | to known or suspected cases of sexually transmitted | ||||||
| 7 | infection or any information the disclosure of which is | ||||||
| 8 | restricted under the Illinois Sexually Transmitted | ||||||
| 9 | Infection Control Act. | ||||||
| 10 | (e) Information the disclosure of which is exempted | ||||||
| 11 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 12 | (f) Firm performance evaluations under Section 55 of | ||||||
| 13 | the Architectural, Engineering, and Land Surveying | ||||||
| 14 | Qualifications Based Selection Act. | ||||||
| 15 | (g) Information the disclosure of which is restricted | ||||||
| 16 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 17 | Tuition Act. | ||||||
| 18 | (h) Information the disclosure of which is exempted | ||||||
| 19 | under the State Officials and Employees Ethics Act, and | ||||||
| 20 | records of any lawfully created State or local inspector | ||||||
| 21 | general's office that would be exempt if created or | ||||||
| 22 | obtained by an Executive Inspector General's office under | ||||||
| 23 | that Act. | ||||||
| 24 | (i) Information contained in a local emergency energy | ||||||
| 25 | plan submitted to a municipality in accordance with a | ||||||
| 26 | local emergency energy plan ordinance that is adopted | ||||||
| |||||||
| |||||||
| 1 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 2 | (j) Information and data concerning the distribution | ||||||
| 3 | of surcharge moneys collected and remitted by carriers | ||||||
| 4 | under the Emergency Telephone System Act. | ||||||
| 5 | (k) Law enforcement officer identification information | ||||||
| 6 | or driver identification information compiled by a law | ||||||
| 7 | enforcement agency or the Department of Transportation | ||||||
| 8 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 9 | (l) Records and information provided to a residential | ||||||
| 10 | health care facility resident sexual assault and death | ||||||
| 11 | review team or the Executive Council under the Abuse | ||||||
| 12 | Prevention Review Team Act. | ||||||
| 13 | (m) Information provided to the predatory lending | ||||||
| 14 | database created pursuant to Article 3 of the Residential | ||||||
| 15 | Real Property Disclosure Act, except to the extent | ||||||
| 16 | authorized under that Article. | ||||||
| 17 | (n) Defense budgets and petitions for certification of | ||||||
| 18 | compensation and expenses for court appointed trial | ||||||
| 19 | counsel as provided under Sections 10 and 15 of the | ||||||
| 20 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 21 | (n) shall apply until the conclusion of the trial of the | ||||||
| 22 | case, even if the prosecution chooses not to pursue the | ||||||
| 23 | death penalty prior to trial or sentencing. | ||||||
| 24 | (o) Information that is prohibited from being | ||||||
| 25 | disclosed under Section 4 of the Illinois Health and | ||||||
| 26 | Hazardous Substances Registry Act. | ||||||
| |||||||
| |||||||
| 1 | (p) Security portions of system safety program plans, | ||||||
| 2 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 3 | information compiled, collected, or prepared by or for the | ||||||
| 4 | Department of Transportation under Sections 2705-300 and | ||||||
| 5 | 2705-616 of the Department of Transportation Law of the | ||||||
| 6 | Civil Administrative Code of Illinois, the Regional | ||||||
| 7 | Transportation Authority under Section 2.11 of the | ||||||
| 8 | Regional Transportation Authority Act, or the St. Clair | ||||||
| 9 | County Transit District under the Bi-State Transit Safety | ||||||
| 10 | Act (repealed). | ||||||
| 11 | (q) Information prohibited from being disclosed by the | ||||||
| 12 | Personnel Record Review Act. | ||||||
| 13 | (r) Information prohibited from being disclosed by the | ||||||
| 14 | Illinois School Student Records Act. | ||||||
| 15 | (s) Information the disclosure of which is restricted | ||||||
| 16 | under Section 5-108 of the Public Utilities Act. | ||||||
| 17 | (t) (Blank). | ||||||
| 18 | (u) Records and information provided to an independent | ||||||
| 19 | team of experts under the Developmental Disability and | ||||||
| 20 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 21 | (v) Names and information of people who have applied | ||||||
| 22 | for or received Firearm Owner's Identification Cards under | ||||||
| 23 | the Firearm Owners Identification Card Act or applied for | ||||||
| 24 | or received a concealed carry license under the Firearm | ||||||
| 25 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 26 | Firearm Concealed Carry Act; and databases under the | ||||||
| |||||||
| |||||||
| 1 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 2 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 3 | Carry Act, and law enforcement agency objections under the | ||||||
| 4 | Firearm Concealed Carry Act. | ||||||
| 5 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 6 | Card Review Board that are exempted from disclosure under | ||||||
| 7 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 8 | (w) Personally identifiable information which is | ||||||
| 9 | exempted from disclosure under subsection (g) of Section | ||||||
| 10 | 19.1 of the Toll Highway Act. | ||||||
| 11 | (x) Information which is exempted from disclosure | ||||||
| 12 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 13 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 14 | (y) Confidential information under the Adult | ||||||
| 15 | Protective Services Act and its predecessor enabling | ||||||
| 16 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 17 | information about the identity and administrative finding | ||||||
| 18 | against any caregiver of a verified and substantiated | ||||||
| 19 | decision of abuse, neglect, or financial exploitation of | ||||||
| 20 | an eligible adult maintained in the Registry established | ||||||
| 21 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 22 | (z) Records and information provided to a fatality | ||||||
| 23 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 24 | Council under Section 15 of the Adult Protective Services | ||||||
| 25 | Act. | ||||||
| 26 | (aa) Information which is exempted from disclosure | ||||||
| |||||||
| |||||||
| 1 | under Section 2.37 of the Wildlife Code. | ||||||
| 2 | (bb) Information which is or was prohibited from | ||||||
| 3 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 4 | (cc) Recordings made under the Law Enforcement | ||||||
| 5 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 6 | authorized under that Act. | ||||||
| 7 | (dd) Information that is prohibited from being | ||||||
| 8 | disclosed under Section 45 of the Condominium and Common | ||||||
| 9 | Interest Community Ombudsperson Act. | ||||||
| 10 | (ee) Information that is exempted from disclosure | ||||||
| 11 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 12 | (ff) Information that is exempted from disclosure | ||||||
| 13 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 14 | (gg) Information that is prohibited from being | ||||||
| 15 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 16 | Code. | ||||||
| 17 | (hh) Records that are exempt from disclosure under | ||||||
| 18 | Section 1A-16.7 of the Election Code. | ||||||
| 19 | (ii) Information which is exempted from disclosure | ||||||
| 20 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 21 | the Civil Administrative Code of Illinois. | ||||||
| 22 | (jj) Information and reports that are required to be | ||||||
| 23 | submitted to the Department of Labor by registering day | ||||||
| 24 | and temporary labor service agencies but are exempt from | ||||||
| 25 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 26 | and Temporary Labor Services Act. | ||||||
| |||||||
| |||||||
| 1 | (kk) Information prohibited from disclosure under the | ||||||
| 2 | Seizure and Forfeiture Reporting Act. | ||||||
| 3 | (ll) Information the disclosure of which is restricted | ||||||
| 4 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 5 | Aid Code. | ||||||
| 6 | (mm) Records that are exempt from disclosure under | ||||||
| 7 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 8 | (nn) Information that is exempt from disclosure under | ||||||
| 9 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 10 | (oo) Communications, notes, records, and reports | ||||||
| 11 | arising out of a peer support counseling session | ||||||
| 12 | prohibited from disclosure under the First Responders | ||||||
| 13 | Suicide Prevention Act. | ||||||
| 14 | (pp) Names and all identifying information relating to | ||||||
| 15 | an employee of an emergency services provider or law | ||||||
| 16 | enforcement agency under the First Responders Suicide | ||||||
| 17 | Prevention Act. | ||||||
| 18 | (qq) Information and records held by the Department of | ||||||
| 19 | Public Health and its authorized representatives collected | ||||||
| 20 | under the Reproductive Health Act. | ||||||
| 21 | (rr) Information that is exempt from disclosure under | ||||||
| 22 | the Cannabis Regulation and Tax Act. | ||||||
| 23 | (ss) Data reported by an employer to the Department of | ||||||
| 24 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 25 | Human Rights Act. | ||||||
| 26 | (tt) Recordings made under the Children's Advocacy | ||||||
| |||||||
| |||||||
| 1 | Center Act, except to the extent authorized under that | ||||||
| 2 | Act. | ||||||
| 3 | (uu) Information that is exempt from disclosure under | ||||||
| 4 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 5 | (vv) Information that is exempt from disclosure under | ||||||
| 6 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 7 | Public Aid Code. | ||||||
| 8 | (ww) Information that is exempt from disclosure under | ||||||
| 9 | Section 16.8 of the State Treasurer Act. | ||||||
| 10 | (xx) Information that is exempt from disclosure or | ||||||
| 11 | information that shall not be made public under the | ||||||
| 12 | Illinois Insurance Code. | ||||||
| 13 | (yy) Information prohibited from being disclosed under | ||||||
| 14 | the Illinois Educational Labor Relations Act. | ||||||
| 15 | (zz) Information prohibited from being disclosed under | ||||||
| 16 | the Illinois Public Labor Relations Act. | ||||||
| 17 | (aaa) Information prohibited from being disclosed | ||||||
| 18 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 19 | (bbb) Information that is prohibited from disclosure | ||||||
| 20 | by the Illinois Police Training Act and the Illinois State | ||||||
| 21 | Police Act. | ||||||
| 22 | (ccc) Records exempt from disclosure under Section | ||||||
| 23 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 24 | Administrative Code of Illinois. | ||||||
| 25 | (ddd) Information prohibited from being disclosed | ||||||
| 26 | under Section 35 of the Address Confidentiality for | ||||||
| |||||||
| |||||||
| 1 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 2 | Trafficking, or Stalking Act. | ||||||
| 3 | (eee) Information prohibited from being disclosed | ||||||
| 4 | under subsection (b) of Section 75 of the Domestic | ||||||
| 5 | Violence Fatality Review Act. | ||||||
| 6 | (fff) Images from cameras under the Expressway Camera | ||||||
| 7 | Act and all automated license plate reader (ALPR) | ||||||
| 8 | information used and collected by the Illinois State | ||||||
| 9 | Police. "ALPR information" means information gathered by | ||||||
| 10 | an ALPR or created from the analysis of data generated by | ||||||
| 11 | an ALPR. This subsection (fff) is inoperative on and after | ||||||
| 12 | July 1, 2028. | ||||||
| 13 | (ggg) Information prohibited from disclosure under | ||||||
| 14 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 15 | Agency Licensing Act. | ||||||
| 16 | (hhh) Information submitted to the Illinois State | ||||||
| 17 | Police in an affidavit or application for an assault | ||||||
| 18 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 19 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 20 | endorsement under the Firearm Owners Identification Card | ||||||
| 21 | Act. | ||||||
| 22 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 23 | the School Safety Drill Act. | ||||||
| 24 | (jjj) Information exempt from disclosure under Section | ||||||
| 25 | 30 of the Insurance Data Security Law. | ||||||
| 26 | (kkk) Confidential business information prohibited | ||||||
| |||||||
| |||||||
| 1 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 2 | Act. | ||||||
| 3 | (lll) Data exempt from disclosure under Section | ||||||
| 4 | 2-3.196 of the School Code. | ||||||
| 5 | (mmm) Information prohibited from being disclosed | ||||||
| 6 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 7 | Power Agency Act. | ||||||
| 8 | (nnn) Materials received by the Department of Commerce | ||||||
| 9 | and Economic Opportunity that are confidential under the | ||||||
| 10 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 11 | (ooo) Data or information provided pursuant to Section | ||||||
| 12 | 20 of the Statewide Recycling Needs and Assessment Act. | ||||||
| 13 | (ppp) Information that is exempt from disclosure under | ||||||
| 14 | Section 28-11 of the Lawful Health Care Activity Act. | ||||||
| 15 | (qqq) Information that is exempt from disclosure under | ||||||
| 16 | Section 7-101 of the Illinois Human Rights Act. | ||||||
| 17 | (rrr) Information prohibited from being disclosed | ||||||
| 18 | under Section 4-2 of the Uniform Money Transmission | ||||||
| 19 | Modernization Act. | ||||||
| 20 | (sss) Information exempt from disclosure under Section | ||||||
| 21 | 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 22 | (ttt) Audio recordings made under Section 30 of the | ||||||
| 23 | Illinois State Police Act, except to the extent authorized | ||||||
| 24 | under that Section. | ||||||
| 25 | (uuu) Information prohibited from being disclosed | ||||||
| 26 | under Section 30-5 of the Digital Assets Regulation Act. | ||||||
| |||||||
| |||||||
| 1 | (vvv) Information prohibited or exempt from being | ||||||
| 2 | disclosed under the Transportation Network Driver Labor | ||||||
| 3 | Relations Act. | ||||||
| 4 | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; | ||||||
| 5 | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. | ||||||
| 6 | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, | ||||||
| 7 | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; | ||||||
| 8 | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. | ||||||
| 9 | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, | ||||||
| 10 | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; | ||||||
| 11 | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised | ||||||
| 12 | 9-10-25.) | ||||||
| 13 | (Text of Section after amendment by P.A. 104-457 but | ||||||
| 14 | before 104-441) | ||||||
| 15 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 16 | by the statutes referenced below, the following shall be | ||||||
| 17 | exempt from inspection and copying: | ||||||
| 18 | (a) All information determined to be confidential | ||||||
| 19 | under Section 4002 of the Technology Advancement and | ||||||
| 20 | Development Act. | ||||||
| 21 | (b) Library circulation and order records identifying | ||||||
| 22 | library users with specific materials under the Library | ||||||
| 23 | Records Confidentiality Act. | ||||||
| 24 | (c) Applications, related documents, and medical | ||||||
| 25 | records received by the Experimental Organ Transplantation | ||||||
| |||||||
| |||||||
| 1 | Procedures Board and any and all documents or other | ||||||
| 2 | records prepared by the Experimental Organ Transplantation | ||||||
| 3 | Procedures Board or its staff relating to applications it | ||||||
| 4 | has received. | ||||||
| 5 | (d) Information and records held by the Department of | ||||||
| 6 | Public Health and its authorized representatives relating | ||||||
| 7 | to known or suspected cases of sexually transmitted | ||||||
| 8 | infection or any information the disclosure of which is | ||||||
| 9 | restricted under the Illinois Sexually Transmitted | ||||||
| 10 | Infection Control Act. | ||||||
| 11 | (e) Information the disclosure of which is exempted | ||||||
| 12 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 13 | (f) Firm performance evaluations under Section 55 of | ||||||
| 14 | the Architectural, Engineering, and Land Surveying | ||||||
| 15 | Qualifications Based Selection Act. | ||||||
| 16 | (g) Information the disclosure of which is restricted | ||||||
| 17 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 18 | Tuition Act. | ||||||
| 19 | (h) Information the disclosure of which is exempted | ||||||
| 20 | under the State Officials and Employees Ethics Act, and | ||||||
| 21 | records of any lawfully created State or local inspector | ||||||
| 22 | general's office that would be exempt if created or | ||||||
| 23 | obtained by an Executive Inspector General's office under | ||||||
| 24 | that Act. | ||||||
| 25 | (i) Information contained in a local emergency energy | ||||||
| 26 | plan submitted to a municipality in accordance with a | ||||||
| |||||||
| |||||||
| 1 | local emergency energy plan ordinance that is adopted | ||||||
| 2 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 3 | (j) Information and data concerning the distribution | ||||||
| 4 | of surcharge moneys collected and remitted by carriers | ||||||
| 5 | under the Emergency Telephone System Act. | ||||||
| 6 | (k) Law enforcement officer identification information | ||||||
| 7 | or driver identification information compiled by a law | ||||||
| 8 | enforcement agency or the Department of Transportation | ||||||
| 9 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 10 | (l) Records and information provided to a residential | ||||||
| 11 | health care facility resident sexual assault and death | ||||||
| 12 | review team or the Executive Council under the Abuse | ||||||
| 13 | Prevention Review Team Act. | ||||||
| 14 | (m) Information provided to the predatory lending | ||||||
| 15 | database created pursuant to Article 3 of the Residential | ||||||
| 16 | Real Property Disclosure Act, except to the extent | ||||||
| 17 | authorized under that Article. | ||||||
| 18 | (n) Defense budgets and petitions for certification of | ||||||
| 19 | compensation and expenses for court appointed trial | ||||||
| 20 | counsel as provided under Sections 10 and 15 of the | ||||||
| 21 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 22 | (n) shall apply until the conclusion of the trial of the | ||||||
| 23 | case, even if the prosecution chooses not to pursue the | ||||||
| 24 | death penalty prior to trial or sentencing. | ||||||
| 25 | (o) Information that is prohibited from being | ||||||
| 26 | disclosed under Section 4 of the Illinois Health and | ||||||
| |||||||
| |||||||
| 1 | Hazardous Substances Registry Act. | ||||||
| 2 | (p) Security portions of system safety program plans, | ||||||
| 3 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 4 | information compiled, collected, or prepared by or for the | ||||||
| 5 | Department of Transportation under Sections 2705-300 and | ||||||
| 6 | 2705-616 of the Department of Transportation Law of the | ||||||
| 7 | Civil Administrative Code of Illinois, the Northern | ||||||
| 8 | Illinois Transit Authority under Section 2.11 of the | ||||||
| 9 | Northern Illinois Transit Authority Act, or the St. Clair | ||||||
| 10 | County Transit District under the Bi-State Transit Safety | ||||||
| 11 | Act (repealed). | ||||||
| 12 | (q) Information prohibited from being disclosed by the | ||||||
| 13 | Personnel Record Review Act. | ||||||
| 14 | (r) Information prohibited from being disclosed by the | ||||||
| 15 | Illinois School Student Records Act. | ||||||
| 16 | (s) Information the disclosure of which is restricted | ||||||
| 17 | under Section 5-108 of the Public Utilities Act. | ||||||
| 18 | (t) (Blank). | ||||||
| 19 | (u) Records and information provided to an independent | ||||||
| 20 | team of experts under the Developmental Disability and | ||||||
| 21 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 22 | (v) Names and information of people who have applied | ||||||
| 23 | for or received Firearm Owner's Identification Cards under | ||||||
| 24 | the Firearm Owners Identification Card Act or applied for | ||||||
| 25 | or received a concealed carry license under the Firearm | ||||||
| 26 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| |||||||
| |||||||
| 1 | Firearm Concealed Carry Act; and databases under the | ||||||
| 2 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 3 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 4 | Carry Act, and law enforcement agency objections under the | ||||||
| 5 | Firearm Concealed Carry Act. | ||||||
| 6 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 7 | Card Review Board that are exempted from disclosure under | ||||||
| 8 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 9 | (w) Personally identifiable information which is | ||||||
| 10 | exempted from disclosure under subsection (g) of Section | ||||||
| 11 | 19.1 of the Toll Highway Act. | ||||||
| 12 | (x) Information which is exempted from disclosure | ||||||
| 13 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 14 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 15 | (y) Confidential information under the Adult | ||||||
| 16 | Protective Services Act and its predecessor enabling | ||||||
| 17 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 18 | information about the identity and administrative finding | ||||||
| 19 | against any caregiver of a verified and substantiated | ||||||
| 20 | decision of abuse, neglect, or financial exploitation of | ||||||
| 21 | an eligible adult maintained in the Registry established | ||||||
| 22 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 23 | (z) Records and information provided to a fatality | ||||||
| 24 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 25 | Council under Section 15 of the Adult Protective Services | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (aa) Information which is exempted from disclosure | ||||||
| 2 | under Section 2.37 of the Wildlife Code. | ||||||
| 3 | (bb) Information which is or was prohibited from | ||||||
| 4 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 5 | (cc) Recordings made under the Law Enforcement | ||||||
| 6 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 7 | authorized under that Act. | ||||||
| 8 | (dd) Information that is prohibited from being | ||||||
| 9 | disclosed under Section 45 of the Condominium and Common | ||||||
| 10 | Interest Community Ombudsperson Act. | ||||||
| 11 | (ee) Information that is exempted from disclosure | ||||||
| 12 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 13 | (ff) Information that is exempted from disclosure | ||||||
| 14 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 15 | (gg) Information that is prohibited from being | ||||||
| 16 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 17 | Code. | ||||||
| 18 | (hh) Records that are exempt from disclosure under | ||||||
| 19 | Section 1A-16.7 of the Election Code. | ||||||
| 20 | (ii) Information which is exempted from disclosure | ||||||
| 21 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 22 | the Civil Administrative Code of Illinois. | ||||||
| 23 | (jj) Information and reports that are required to be | ||||||
| 24 | submitted to the Department of Labor by registering day | ||||||
| 25 | and temporary labor service agencies but are exempt from | ||||||
| 26 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| |||||||
| |||||||
| 1 | and Temporary Labor Services Act. | ||||||
| 2 | (kk) Information prohibited from disclosure under the | ||||||
| 3 | Seizure and Forfeiture Reporting Act. | ||||||
| 4 | (ll) Information the disclosure of which is restricted | ||||||
| 5 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 6 | Aid Code. | ||||||
| 7 | (mm) Records that are exempt from disclosure under | ||||||
| 8 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 9 | (nn) Information that is exempt from disclosure under | ||||||
| 10 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 11 | (oo) Communications, notes, records, and reports | ||||||
| 12 | arising out of a peer support counseling session | ||||||
| 13 | prohibited from disclosure under the First Responders | ||||||
| 14 | Suicide Prevention Act. | ||||||
| 15 | (pp) Names and all identifying information relating to | ||||||
| 16 | an employee of an emergency services provider or law | ||||||
| 17 | enforcement agency under the First Responders Suicide | ||||||
| 18 | Prevention Act. | ||||||
| 19 | (qq) Information and records held by the Department of | ||||||
| 20 | Public Health and its authorized representatives collected | ||||||
| 21 | under the Reproductive Health Act. | ||||||
| 22 | (rr) Information that is exempt from disclosure under | ||||||
| 23 | the Cannabis Regulation and Tax Act. | ||||||
| 24 | (ss) Data reported by an employer to the Department of | ||||||
| 25 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 26 | Human Rights Act. | ||||||
| |||||||
| |||||||
| 1 | (tt) Recordings made under the Children's Advocacy | ||||||
| 2 | Center Act, except to the extent authorized under that | ||||||
| 3 | Act. | ||||||
| 4 | (uu) Information that is exempt from disclosure under | ||||||
| 5 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 6 | (vv) Information that is exempt from disclosure under | ||||||
| 7 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 8 | Public Aid Code. | ||||||
| 9 | (ww) Information that is exempt from disclosure under | ||||||
| 10 | Section 16.8 of the State Treasurer Act. | ||||||
| 11 | (xx) Information that is exempt from disclosure or | ||||||
| 12 | information that shall not be made public under the | ||||||
| 13 | Illinois Insurance Code. | ||||||
| 14 | (yy) Information prohibited from being disclosed under | ||||||
| 15 | the Illinois Educational Labor Relations Act. | ||||||
| 16 | (zz) Information prohibited from being disclosed under | ||||||
| 17 | the Illinois Public Labor Relations Act. | ||||||
| 18 | (aaa) Information prohibited from being disclosed | ||||||
| 19 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 20 | (bbb) Information that is prohibited from disclosure | ||||||
| 21 | by the Illinois Police Training Act and the Illinois State | ||||||
| 22 | Police Act. | ||||||
| 23 | (ccc) Records exempt from disclosure under Section | ||||||
| 24 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 25 | Administrative Code of Illinois. | ||||||
| 26 | (ddd) Information prohibited from being disclosed | ||||||
| |||||||
| |||||||
| 1 | under Section 35 of the Address Confidentiality for | ||||||
| 2 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 3 | Trafficking, or Stalking Act. | ||||||
| 4 | (eee) Information prohibited from being disclosed | ||||||
| 5 | under subsection (b) of Section 75 of the Domestic | ||||||
| 6 | Violence Fatality Review Act. | ||||||
| 7 | (fff) Images from cameras under the Expressway Camera | ||||||
| 8 | Act and all automated license plate reader (ALPR) | ||||||
| 9 | information used and collected by the Illinois State | ||||||
| 10 | Police. "ALPR information" means information gathered by | ||||||
| 11 | an ALPR or created from the analysis of data generated by | ||||||
| 12 | an ALPR. This subsection (fff) is inoperative on and after | ||||||
| 13 | July 1, 2028. | ||||||
| 14 | (ggg) Information prohibited from disclosure under | ||||||
| 15 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 16 | Agency Licensing Act. | ||||||
| 17 | (hhh) Information submitted to the Illinois State | ||||||
| 18 | Police in an affidavit or application for an assault | ||||||
| 19 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 20 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 21 | endorsement under the Firearm Owners Identification Card | ||||||
| 22 | Act. | ||||||
| 23 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 24 | the School Safety Drill Act. | ||||||
| 25 | (jjj) Information exempt from disclosure under Section | ||||||
| 26 | 30 of the Insurance Data Security Law. | ||||||
| |||||||
| |||||||
| 1 | (kkk) Confidential business information prohibited | ||||||
| 2 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 3 | Act. | ||||||
| 4 | (lll) Data exempt from disclosure under Section | ||||||
| 5 | 2-3.196 of the School Code. | ||||||
| 6 | (mmm) Information prohibited from being disclosed | ||||||
| 7 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 8 | Power Agency Act. | ||||||
| 9 | (nnn) Materials received by the Department of Commerce | ||||||
| 10 | and Economic Opportunity that are confidential under the | ||||||
| 11 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 12 | (ooo) Data or information provided pursuant to Section | ||||||
| 13 | 20 of the Statewide Recycling Needs and Assessment Act. | ||||||
| 14 | (ppp) Information that is exempt from disclosure under | ||||||
| 15 | Section 28-11 of the Lawful Health Care Activity Act. | ||||||
| 16 | (qqq) Information that is exempt from disclosure under | ||||||
| 17 | Section 7-101 of the Illinois Human Rights Act. | ||||||
| 18 | (rrr) Information prohibited from being disclosed | ||||||
| 19 | under Section 4-2 of the Uniform Money Transmission | ||||||
| 20 | Modernization Act. | ||||||
| 21 | (sss) Information exempt from disclosure under Section | ||||||
| 22 | 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 23 | (ttt) Audio recordings made under Section 30 of the | ||||||
| 24 | Illinois State Police Act, except to the extent authorized | ||||||
| 25 | under that Section. | ||||||
| 26 | (uuu) Information prohibited from being disclosed | ||||||
| |||||||
| |||||||
| 1 | under Section 30-5 of the Digital Assets Regulation Act. | ||||||
| 2 | (vvv) Information prohibited or exempt from being | ||||||
| 3 | disclosed under the Transportation Network Driver Labor | ||||||
| 4 | Relations Act. | ||||||
| 5 | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; | ||||||
| 6 | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. | ||||||
| 7 | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, | ||||||
| 8 | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; | ||||||
| 9 | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. | ||||||
| 10 | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, | ||||||
| 11 | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; | ||||||
| 12 | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff. | ||||||
| 13 | 6-1-26; revised 1-7-26.) | ||||||
| 14 | (Text of Section after amendment by P.A. 104-441) | ||||||
| 15 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 16 | by the statutes referenced below, the following shall be | ||||||
| 17 | exempt from inspection and copying: | ||||||
| 18 | (a) All information determined to be confidential | ||||||
| 19 | under Section 4002 of the Technology Advancement and | ||||||
| 20 | Development Act. | ||||||
| 21 | (b) Library circulation and order records identifying | ||||||
| 22 | library users with specific materials under the Library | ||||||
| 23 | Records Confidentiality Act. | ||||||
| 24 | (c) Applications, related documents, and medical | ||||||
| 25 | records received by the Experimental Organ Transplantation | ||||||
| |||||||
| |||||||
| 1 | Procedures Board and any and all documents or other | ||||||
| 2 | records prepared by the Experimental Organ Transplantation | ||||||
| 3 | Procedures Board or its staff relating to applications it | ||||||
| 4 | has received. | ||||||
| 5 | (d) Information and records held by the Department of | ||||||
| 6 | Public Health and its authorized representatives relating | ||||||
| 7 | to known or suspected cases of sexually transmitted | ||||||
| 8 | infection or any information the disclosure of which is | ||||||
| 9 | restricted under the Illinois Sexually Transmitted | ||||||
| 10 | Infection Control Act. | ||||||
| 11 | (e) Information the disclosure of which is exempted | ||||||
| 12 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 13 | (f) Firm performance evaluations under Section 55 of | ||||||
| 14 | the Architectural, Engineering, and Land Surveying | ||||||
| 15 | Qualifications Based Selection Act. | ||||||
| 16 | (g) Information the disclosure of which is restricted | ||||||
| 17 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 18 | Tuition Act. | ||||||
| 19 | (h) Information the disclosure of which is exempted | ||||||
| 20 | under the State Officials and Employees Ethics Act, and | ||||||
| 21 | records of any lawfully created State or local inspector | ||||||
| 22 | general's office that would be exempt if created or | ||||||
| 23 | obtained by an Executive Inspector General's office under | ||||||
| 24 | that Act. | ||||||
| 25 | (i) Information contained in a local emergency energy | ||||||
| 26 | plan submitted to a municipality in accordance with a | ||||||
| |||||||
| |||||||
| 1 | local emergency energy plan ordinance that is adopted | ||||||
| 2 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 3 | (j) Information and data concerning the distribution | ||||||
| 4 | of surcharge moneys collected and remitted by carriers | ||||||
| 5 | under the Emergency Telephone System Act. | ||||||
| 6 | (k) Law enforcement officer identification information | ||||||
| 7 | or driver identification information compiled by a law | ||||||
| 8 | enforcement agency or the Department of Transportation | ||||||
| 9 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 10 | (l) Records and information provided to a residential | ||||||
| 11 | health care facility resident sexual assault and death | ||||||
| 12 | review team or the Executive Council under the Abuse | ||||||
| 13 | Prevention Review Team Act. | ||||||
| 14 | (m) Information provided to the predatory lending | ||||||
| 15 | database created pursuant to Article 3 of the Residential | ||||||
| 16 | Real Property Disclosure Act, except to the extent | ||||||
| 17 | authorized under that Article. | ||||||
| 18 | (n) Defense budgets and petitions for certification of | ||||||
| 19 | compensation and expenses for court appointed trial | ||||||
| 20 | counsel as provided under Sections 10 and 15 of the | ||||||
| 21 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 22 | (n) shall apply until the conclusion of the trial of the | ||||||
| 23 | case, even if the prosecution chooses not to pursue the | ||||||
| 24 | death penalty prior to trial or sentencing. | ||||||
| 25 | (o) Information that is prohibited from being | ||||||
| 26 | disclosed under Section 4 of the Illinois Health and | ||||||
| |||||||
| |||||||
| 1 | Hazardous Substances Registry Act. | ||||||
| 2 | (p) Security portions of system safety program plans, | ||||||
| 3 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 4 | information compiled, collected, or prepared by or for the | ||||||
| 5 | Department of Transportation under Sections 2705-300 and | ||||||
| 6 | 2705-616 of the Department of Transportation Law of the | ||||||
| 7 | Civil Administrative Code of Illinois, the Northern | ||||||
| 8 | Illinois Transit Authority under Section 2.11 of the | ||||||
| 9 | Northern Illinois Transit Authority Act, or the St. Clair | ||||||
| 10 | County Transit District under the Bi-State Transit Safety | ||||||
| 11 | Act (repealed). | ||||||
| 12 | (q) Information prohibited from being disclosed by the | ||||||
| 13 | Personnel Record Review Act. | ||||||
| 14 | (r) Information prohibited from being disclosed by the | ||||||
| 15 | Illinois School Student Records Act. | ||||||
| 16 | (s) Information the disclosure of which is restricted | ||||||
| 17 | under Section 5-108 of the Public Utilities Act. | ||||||
| 18 | (t) (Blank). | ||||||
| 19 | (u) Records and information provided to an independent | ||||||
| 20 | team of experts under the Developmental Disability and | ||||||
| 21 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 22 | (v) Names and information of people who have applied | ||||||
| 23 | for or received Firearm Owner's Identification Cards under | ||||||
| 24 | the Firearm Owners Identification Card Act or applied for | ||||||
| 25 | or received a concealed carry license under the Firearm | ||||||
| 26 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| |||||||
| |||||||
| 1 | Firearm Concealed Carry Act; and databases under the | ||||||
| 2 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 3 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 4 | Carry Act, and law enforcement agency objections under the | ||||||
| 5 | Firearm Concealed Carry Act. | ||||||
| 6 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 7 | Card Review Board that are exempted from disclosure under | ||||||
| 8 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 9 | (w) Personally identifiable information which is | ||||||
| 10 | exempted from disclosure under subsection (g) of Section | ||||||
| 11 | 19.1 of the Toll Highway Act. | ||||||
| 12 | (x) Information which is exempted from disclosure | ||||||
| 13 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 14 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 15 | (y) Confidential information under the Adult | ||||||
| 16 | Protective Services Act and its predecessor enabling | ||||||
| 17 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 18 | information about the identity and administrative finding | ||||||
| 19 | against any caregiver of a verified and substantiated | ||||||
| 20 | decision of abuse, neglect, or financial exploitation of | ||||||
| 21 | an eligible adult maintained in the Registry established | ||||||
| 22 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 23 | (z) Records and information provided to a fatality | ||||||
| 24 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 25 | Council under Section 15 of the Adult Protective Services | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (aa) Information which is exempted from disclosure | ||||||
| 2 | under Section 2.37 of the Wildlife Code. | ||||||
| 3 | (bb) Information which is or was prohibited from | ||||||
| 4 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 5 | (cc) Recordings made under the Law Enforcement | ||||||
| 6 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 7 | authorized under that Act. | ||||||
| 8 | (dd) Information that is prohibited from being | ||||||
| 9 | disclosed under Section 45 of the Condominium and Common | ||||||
| 10 | Interest Community Ombudsperson Act. | ||||||
| 11 | (ee) Information that is exempted from disclosure | ||||||
| 12 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 13 | (ff) Information that is exempted from disclosure | ||||||
| 14 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 15 | (gg) Information that is prohibited from being | ||||||
| 16 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 17 | Code. | ||||||
| 18 | (hh) Records that are exempt from disclosure under | ||||||
| 19 | Section 1A-16.7 of the Election Code. | ||||||
| 20 | (ii) Information which is exempted from disclosure | ||||||
| 21 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 22 | the Civil Administrative Code of Illinois. | ||||||
| 23 | (jj) Information and reports that are required to be | ||||||
| 24 | submitted to the Department of Labor by registering day | ||||||
| 25 | and temporary labor service agencies but are exempt from | ||||||
| 26 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| |||||||
| |||||||
| 1 | and Temporary Labor Services Act. | ||||||
| 2 | (kk) Information prohibited from disclosure under the | ||||||
| 3 | Seizure and Forfeiture Reporting Act. | ||||||
| 4 | (ll) Information the disclosure of which is restricted | ||||||
| 5 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 6 | Aid Code. | ||||||
| 7 | (mm) Records that are exempt from disclosure under | ||||||
| 8 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 9 | (nn) Information that is exempt from disclosure under | ||||||
| 10 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 11 | (oo) Communications, notes, records, and reports | ||||||
| 12 | arising out of a peer support counseling session | ||||||
| 13 | prohibited from disclosure under the First Responders | ||||||
| 14 | Suicide Prevention Act. | ||||||
| 15 | (pp) Names and all identifying information relating to | ||||||
| 16 | an employee of an emergency services provider or law | ||||||
| 17 | enforcement agency under the First Responders Suicide | ||||||
| 18 | Prevention Act. | ||||||
| 19 | (qq) Information and records held by the Department of | ||||||
| 20 | Public Health and its authorized representatives collected | ||||||
| 21 | under the Reproductive Health Act. | ||||||
| 22 | (rr) Information that is exempt from disclosure under | ||||||
| 23 | the Cannabis Regulation and Tax Act. | ||||||
| 24 | (ss) Data reported by an employer to the Department of | ||||||
| 25 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 26 | Human Rights Act. | ||||||
| |||||||
| |||||||
| 1 | (tt) Recordings made under the Children's Advocacy | ||||||
| 2 | Center Act, except to the extent authorized under that | ||||||
| 3 | Act. | ||||||
| 4 | (uu) Information that is exempt from disclosure under | ||||||
| 5 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 6 | (vv) Information that is exempt from disclosure under | ||||||
| 7 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 8 | Public Aid Code. | ||||||
| 9 | (ww) Information that is exempt from disclosure under | ||||||
| 10 | Section 16.8 of the State Treasurer Act. | ||||||
| 11 | (xx) Information that is exempt from disclosure or | ||||||
| 12 | information that shall not be made public under the | ||||||
| 13 | Illinois Insurance Code. | ||||||
| 14 | (yy) Information prohibited from being disclosed under | ||||||
| 15 | the Illinois Educational Labor Relations Act. | ||||||
| 16 | (zz) Information prohibited from being disclosed under | ||||||
| 17 | the Illinois Public Labor Relations Act. | ||||||
| 18 | (aaa) Information prohibited from being disclosed | ||||||
| 19 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 20 | (bbb) Information that is prohibited from disclosure | ||||||
| 21 | by the Illinois Police Training Act and the Illinois State | ||||||
| 22 | Police Act. | ||||||
| 23 | (ccc) Records exempt from disclosure under Section | ||||||
| 24 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 25 | Administrative Code of Illinois. | ||||||
| 26 | (ddd) Information prohibited from being disclosed | ||||||
| |||||||
| |||||||
| 1 | under Section 35 of the Address Confidentiality for | ||||||
| 2 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 3 | Trafficking, or Stalking Act. | ||||||
| 4 | (eee) Information prohibited from being disclosed | ||||||
| 5 | under subsection (b) of Section 75 of the Domestic | ||||||
| 6 | Violence Fatality Review Act. | ||||||
| 7 | (fff) Images from cameras under the Expressway Camera | ||||||
| 8 | Act and all automated license plate reader (ALPR) | ||||||
| 9 | information used and collected by the Illinois State | ||||||
| 10 | Police. "ALPR information" means information gathered by | ||||||
| 11 | an ALPR or created from the analysis of data generated by | ||||||
| 12 | an ALPR. This subsection (fff) is inoperative on and after | ||||||
| 13 | July 1, 2028. | ||||||
| 14 | (ggg) Information prohibited from disclosure under | ||||||
| 15 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 16 | Agency Licensing Act. | ||||||
| 17 | (hhh) Information submitted to the Illinois State | ||||||
| 18 | Police in an affidavit or application for an assault | ||||||
| 19 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 20 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 21 | endorsement under the Firearm Owners Identification Card | ||||||
| 22 | Act. | ||||||
| 23 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 24 | the School Safety Drill Act. | ||||||
| 25 | (jjj) Information exempt from disclosure under Section | ||||||
| 26 | 30 of the Insurance Data Security Law. | ||||||
| |||||||
| |||||||
| 1 | (kkk) Confidential business information prohibited | ||||||
| 2 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 3 | Act. | ||||||
| 4 | (lll) Data exempt from disclosure under Section | ||||||
| 5 | 2-3.196 of the School Code. | ||||||
| 6 | (mmm) Information prohibited from being disclosed | ||||||
| 7 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 8 | Power Agency Act. | ||||||
| 9 | (nnn) Materials received by the Department of Commerce | ||||||
| 10 | and Economic Opportunity that are confidential under the | ||||||
| 11 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 12 | (ooo) Data or information provided pursuant to Section | ||||||
| 13 | 20 of the Statewide Recycling Needs and Assessment Act. | ||||||
| 14 | (ppp) Information that is exempt from disclosure under | ||||||
| 15 | Section 28-11 of the Lawful Health Care Activity Act. | ||||||
| 16 | (qqq) Information that is exempt from disclosure under | ||||||
| 17 | Section 7-101 of the Illinois Human Rights Act. | ||||||
| 18 | (rrr) Information prohibited from being disclosed | ||||||
| 19 | under Section 4-2 of the Uniform Money Transmission | ||||||
| 20 | Modernization Act. | ||||||
| 21 | (sss) Information exempt from disclosure under Section | ||||||
| 22 | 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 23 | (ttt) Audio recordings made under Section 30 of the | ||||||
| 24 | Illinois State Police Act, except to the extent authorized | ||||||
| 25 | under that Section. | ||||||
| 26 | (uuu) Information prohibited from being disclosed | ||||||
| |||||||
| |||||||
| 1 | under Section 30-5 of the Digital Assets Regulation Act. | ||||||
| 2 | (vvv) (uuu) Information exempt from disclosure under | ||||||
| 3 | Section 70 of the End-of-Life Options for Terminally Ill | ||||||
| 4 | Patients Act. | ||||||
| 5 | (www) Information prohibited or exempt from being | ||||||
| 6 | disclosed under the Transportation Network Driver Labor | ||||||
| 7 | Relations Act. | ||||||
| 8 | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; | ||||||
| 9 | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. | ||||||
| 10 | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, | ||||||
| 11 | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; | ||||||
| 12 | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. | ||||||
| 13 | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, | ||||||
| 14 | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; | ||||||
| 15 | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff. | ||||||
| 16 | 9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.) | ||||||
| 17 | Section 910. The Labor Dispute Act is amended by changing | ||||||
| 18 | Section 1.3 as follows: | ||||||
| 19 | (820 ILCS 5/1.3) | ||||||
| 20 | Sec. 1.3. Definitions. As used in Section 1.2 through 1.5: | ||||||
| 21 | "Employee" means any individual permitted to work by an | ||||||
| 22 | employer in an occupation. For the purpose of Sections 1.2 | ||||||
| 23 | through 1.5, "employee" includes any transportation network | ||||||
| 24 | driver, as that term is defined in the Transportation Network | ||||||
| |||||||
| |||||||
| 1 | Driver Labor Relations Act. | ||||||
| 2 | "Employer" means any individual, partnership, association, | ||||||
| 3 | corporation, business trust, governmental or | ||||||
| 4 | quasi-governmental body, or any person or group of persons | ||||||
| 5 | that employs any person to work, labor, or exercise skill in | ||||||
| 6 | connection with the operation of any business, industry, | ||||||
| 7 | vocation, or occupation. For the purpose of Sections 1.2 | ||||||
| 8 | through 1.5, "employer" includes any transportation network | ||||||
| 9 | company, as defined in the Transportation Network Driver Labor | ||||||
| 10 | Relations Act, with respect to its engagement or contracting | ||||||
| 11 | of transportation network drivers. With respect to | ||||||
| 12 | transportation network drivers and transportation network | ||||||
| 13 | companies, the term "employment" includes the engagement or | ||||||
| 14 | contracting of a transportation network driver by a | ||||||
| 15 | transportation network company to provide transportation | ||||||
| 16 | network company services, as those terms are defined in the | ||||||
| 17 | Transportation Network Driver Labor Relations Act. | ||||||
| 18 | "Picketing" means the stationing of a person for an | ||||||
| 19 | organization to apprise the public by signs or other means of | ||||||
| 20 | the existence of a dispute pursuant to the National Labor | ||||||
| 21 | Relations Act, 29 U.S.C. 151 et seq., and the Labor Management | ||||||
| 22 | Relations Act, 29 U.S.C. 141 et seq., and the Transportation | ||||||
| 23 | Network Driver Labor Relations Act. | ||||||
| 24 | "Dispute" includes any controversy concerning terms or | ||||||
| 25 | conditions of employment, or concerning the association or | ||||||
| 26 | representation of persons in negotiating, fixing, maintaining, | ||||||
| |||||||
| |||||||
| 1 | changing, or seeking to arrange terms or conditions of | ||||||
| 2 | employment or other protest, regardless of whether or not the | ||||||
| 3 | disputants stand in the proximate relationship of employer and | ||||||
| 4 | employee. | ||||||
| 5 | "Public right of way" means that portion of the highway or | ||||||
| 6 | street adjacent to the roadway for accommodating stopped | ||||||
| 7 | vehicles or for emergency use; or that portion of a street | ||||||
| 8 | between the curb lines, or the lateral lines of a roadway, and | ||||||
| 9 | the adjacent property lines. | ||||||
| 10 | "Temporary sign" means a sign or other display or device | ||||||
| 11 | that is not permanently affixed and is capable of being | ||||||
| 12 | removed at the end of each day or shift. | ||||||
| 13 | "Temporary shelter" means a tent or shelter that is not | ||||||
| 14 | permanently affixed and is capable of being removed at the end | ||||||
| 15 | of each day or shift, not to exceed 300 square feet in size. | ||||||
| 16 | (Source: P.A. 94-321, eff. 1-1-06.) | ||||||
| 17 | Section 995. No acceleration or delay. Where this Act | ||||||
| 18 | makes changes in a statute that is represented in this Act by | ||||||
| 19 | text that is not yet or no longer in effect (for example, a | ||||||
| 20 | Section represented by multiple versions), the use of that | ||||||
| 21 | text does not accelerate or delay the taking effect of (i) the | ||||||
| 22 | changes made by this Act or (ii) provisions derived from any | ||||||
| 23 | other Public Act. | ||||||
| 24 | Section 997. Severability. The provisions of this Act | ||||||
| |||||||
| |||||||
| 1 | shall be severable as provided in Section 1.31 of the Statute | ||||||
| 2 | on Statutes; notwithstanding that, if the definition of the | ||||||
| 3 | "transportation network driver" is held to be preempted by the | ||||||
| 4 | National Labor Relations Act, 29 U.S.C. 141 et seq., by a court | ||||||
| 5 | of competent jurisdiction and such determination is not | ||||||
| 6 | reversed after exhaustion of all appeals, no provision of this | ||||||
| 7 | Act shall be deemed valid or given force of law. | ||||||
| 8 | Section 999. Effective date. This Act takes effect upon | ||||||
| 9 | becoming law.". | ||||||
