Bill Text: IL HB5090 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Creates the Transportation Network Driver Labor Relations Act. Defines "transportation network driver" as an individual who operates a motor vehicle that: (i) is owned, leased, or otherwise authorized for use by the individual; (ii) is not a taxicab or for-hire public passenger vehicle; (iii) is used to provide transportation network company services; and (iv) operates under the license of a transportation network company. Provides that transportation network drivers have the right of self-organization, to form, join, or assist transportation network driver organizations, and to bargain collectively. Requires the Illinois Labor Relations Board to certify a transportation network driver organization as the exclusive bargaining representative for the bargaining unit of transportation network drivers and notify all covered transportation network companies. Requires covered transportation network companies to bargain with the exclusive bargaining representative concerning mandatory subjects of bargaining. Provides that, beginning 90 days after the effective date of the Act, each covered transportation network company shall be required to pay a fee for each trip originating within the State to the Secretary of State to be deposited into the Rideshare Workers Support Fund. Provides that nothing in the Act shall be construed to affect the determination under State law, whether in statute or common law, of whether and under what circumstances a transportation network company may be considered a common carrier. Sets forth provisions concerning unfair work practices; the determination of active transportation network drivers and covered transportation network companies; the prevention of unfair work practices; the designation of bargaining representatives; administrative fees; bargaining, impasse resolution procedures, and final determinations by the Department of Labor; applicability of other labor standards; rulemaking; and public records. Amends the Freedom of Information Act and the Labor Dispute Act to make conforming changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 44)

Status: (Enrolled) 2026-06-26 - Sent to the Governor [HB5090 Detail]

Download: Illinois-2025-HB5090-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Transportation Network Driver Labor Relations Act.
Section 2. Findings; legislative intent; construction.
(a) The General Assembly finds that the growing rate of
technological advancement has fundamentally altered the way
that many people work within this State in the transportation
sector, in which companies connect, through an online
application, persons seeking passenger transportation services
to persons willing to supply those transportation services.
These persons willing to supply those transportation services,
known as transportation network drivers, often suffer poor
pay, inadequate health coverage, and lack of other benefits.
It is hereby declared that the best interests of the people of
this State are served by providing transportation network
drivers the opportunity to self-organize, designate
representatives of their own choosing, and bargain
collectively on a sectoral basis in order to obtain
sustainable wages, benefits, and working conditions, subject
to approval and ongoing supervision by the State. It is
further declared that the best interests of the people of this

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State are served by the prevention or prompt resolution of
disputes between transportation network companies and the
transportation network drivers who supply the labor to
effectuate those services through collective bargaining on a
sectoral basis, subject to approval and ongoing supervision by
the State. This Act shall be deemed an exercise of the police
power of the State for the protection of the public welfare,
prosperity, health, and peace of the people of the State, and
shall be liberally construed for the accomplishment of its
purposes.
(b) The General Assembly finds that it is in the public
policy interests of the State to displace competition with
regulation of the terms and conditions of work for
transportation network drivers; and, consistent with this
policy, to exempt from federal and State antitrust laws any
conduct authorized under this Act, including the formation of
transportation network driver organizations and multi-company
associations for the purposes of collective bargaining on a
sectoral basis between transportation network companies and
transportation network drivers on an industry-wide basis, and
to supervise, evaluate, and if approved, implement the
resulting sectoral agreements concerning industry regulations
for the terms and conditions of work for all transportation
network drivers in an industry when such sectoral agreements
are found by the Department of Labor to advance the public
purposes stated in this Section and are then made binding,

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regardless of the anticompetitive consequences.
(c) It is the intent and policy of the State:
(1) To grant transportation network drivers the right
to form, join, or assist transportation network driver
organizations, to be represented through representatives
of their own choosing, and to engage in other concerted
activities for the purpose of bargaining with
transportation network companies and to create negotiated
recommendations in the form of a sectoral agreement, which
shall form the basis for industry regulations, and for the
purpose of other mutual aid or protection; and
(2) To grant transportation network companies the
right to form multi-company associations to represent the
transportation network companies while bargaining with a
transportation network driver organization to create
negotiated recommendations in the form of a sectoral
agreement, which shall form the basis for industry
regulations.
(d) The intent and policy of the State is for the statutory
and non-statutory labor exemptions from the federal antitrust
laws and analogous State laws to apply to transportation
network drivers who choose to form, join, or assist labor
organizations in labor activity, to transportation network
driver organizations who organize and represent such drivers,
and to transportation network companies who may choose to form
an industry association to negotiate on their behalf or

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otherwise engage in labor activity permitted by this Act.
(e) The intent and policy of the State in authorizing and
regulating transportation network companies, transportation
network drivers engaging in labor activity, and transportation
network driver organizations, permitted by this Act, is that
state action immunity apply to this Act, including the
sectoral agreement approved by the Department of Labor, and
that such transportation network companies, transportation
network drivers, and transportation network driver
organizations be immune from the federal and State antitrust
laws to the fullest extent possible in their conduct pursuant
to this Act.
(f) The State shall actively supervise the qualified labor
activity permitted by this Act conducted by transportation
network companies, transportation network drivers, and
transportation network driver organizations pursuant to this
Act to ensure that the conduct permitted by this Act protects
the rights of workers and companies, encourages collective
bargaining on a sectoral basis and labor peace, and otherwise
advances the purposes of this Act.
Section 3. Definitions. As used in this Act:
"Active transportation network driver" and "active TND"
means a transportation network driver designated under the
process established in Section 8.
"Bargaining unit" means one statewide unit of all of the

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transportation network drivers performing transportation
network company services on a covered transportation network
company.
"Board" means the State Panel of the Illinois Labor
Relations Board created by Section 5 of the Illinois Public
Labor Relations Act.
"Company union" means any committee, driver representation
plan, or association of workers or others that exists for the
purpose, in whole or in part, of dealing with TNCs concerning
grievances or terms and conditions of work for TNDs: (i) which
a TNC has initiated or created or whose initiation or creation
it has suggested or participated in; (ii) which a TNC
participates in, supervises, or conducts the formulation of
governing rules or policies, management, operations, or
elections; or (iii) which the TNC maintains, finances,
controls, dominates, or assists in maintaining or financing,
unless required to do so by this Act, its implementing rules,
or any other legal requirement.
A TNC driver organization shall not be deemed a company
union solely because any of the following are true:
(1) It has negotiated or been granted the right to
designate TNC drivers to be released with pay for the
purpose of providing representational services in
labor-management affairs on behalf of TNC drivers
represented by the TNC driver organization.
(2) In the course of providing representational

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services to workers for whom it is the exclusive
bargaining representative, a TNC has allowed agents of the
TNC driver organization to meet with drivers at the TNC's
premises or communicate with TNDs via the TNC's platform.
(3) It has received from a TNC the voluntary
membership dues deductions of TNC drivers or the TNC has
processed or transmitted membership dues in accordance
with paragraph (5) of subsection (e) of Section 10.
(4) It has received funds from a TNC for the
administration of benefits and services to TNC drivers
pursuant to a sectoral agreement in its capacity as the
exclusive bargaining representative.
(5) It has negotiated with a TNC, before or after
certification as the exclusive bargaining representative,
for the right and requisite resources to communicate or
meet with TNDs for any purpose permitted under this Act,
including via the TNC's platform.
(6) It has communicated with a TNC, it has received
data, driver information, or meeting space from a TNC, or
a TNC has facilitated any communication between TNDs and
the TND organization, prior to or after any certification.
"Covered transportation network company" and "covered TNC"
means a transportation network company designated under the
process established in Section 9.
"Department" means the Department of Labor.
"Exclusive bargaining representative" means a TND

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organization certified by the Board, in accordance with this
Act, as the representative of TNDs in the bargaining unit.
"Mandatory subjects of bargaining" means those subjects of
bargaining related to compensation, benefits, and other terms
and conditions of work, including, but not limited to,
deactivations, deactivation notice and process standards,
dispute resolution procedures for resolving claims alleging
unjust deactivation, and earnings transparency.
"Person" includes one or more individuals, TNDs, TND
organizations, TNCs, network companies, labor organizations,
associations, corporations, legal representatives, trustees,
trustees in bankruptcy, or receivers.
"Sectoral agreement" means the recommendations to the
Department for TND standards in the bargaining unit made
either through the agreement between the exclusive bargaining
representative and the covered TNCs or through the interest
arbitration process, set forth in Section 12. The sectoral
agreement becomes effective and enforceable upon approval by
the Department.
"Transportation network company" and "TNC" means an entity
operating in the State that uses a digital network or software
application service to connect passengers to transportation
network company services provided by transportation network
drivers. For the purposes of this paragraph, all digital
networks or software application services that any related
corporate entities under common control maintain shall be

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considered a single TNC. A TNC is not deemed to own, control,
operate, or manage the vehicles used by transportation network
drivers, and is not a taxicab association or a for-hire
vehicle owner.
"Transportation network company services" and "TNC
services" means transportation of a passenger between points
chosen by the passenger and prearranged with a transportation
network driver through the use of a TNC digital network or
software application. "Transportation network company
services" and "TNC services" do not include a taxicab,
for-hire vehicle, or street hail service.
"Transportation network driver", "transportation network
company driver", "TNC driver", and "TND" means an individual
who operates a motor vehicle that: (i) is owned, leased, or
otherwise authorized for use by the individual; (ii) is not a
taxicab or for-hire public passenger vehicle; (iii) is used to
provide transportation network company services; and (iv)
operates under the TNC license of the TNC. "Transportation
network driver", "transportation network company driver", "TNC
driver", and "TND" do not include any individual who, with
respect to the provision of TNC services is: (i) determined by
a final order of a court of competent jurisdiction to be an
employee within the meaning of Section 2(3) of the National
Labor Relations Act, 29 U.S.C. 152(3), or within the meaning
of 26 CFR 31.3121(d)-1 or 31.3401(c)-1; or (ii) declared by a
TNC to be an employee within the meaning of Section 2(3) of the

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National Labor Relations Act, 29 U.S.C. 152(3) and within the
meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1.
"Transportation network driver organization" and "TND
organization" means any organization in which TNDs
participate, and that exists and is constituted for the
purpose, in whole or in part, of collective bargaining, or of
dealing with transportation network companies concerning
grievances, terms or conditions of work, or of other mutual
aid or protection, deactivation appeal assistance, education,
or other representational or support services to
transportation network drivers for rights conferred under this
Act, and that is not a company union.
"Unfair work practices" means only those unfair work
practices set forth in Section 6.
Section 4. Powers of the Board. The Board shall have
jurisdiction over unfair work practices and collective
bargaining matters between transportation network companies
and transportation network driver organizations, except for
the determinations to be made by the Department under this
Act. The Board may contract with a neutral body to provide any
of the data or information collection, storage, management,
manipulation, analysis, certification, and election services
required under this Act. Any such neutral body shall be
subject to the requirements of the Personal Information
Protection Act and rules adopted under subsection (c) of

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Section 16. The Board may also contract for court reporting
services for any of the hearings required under this Act. To
the extent provided for in paragraph (28) of subsection (b) of
Section 1-10 of the Illinois Procurement Code, contracts for a
neutral body or for court reporting services under this Act
shall be exempt from the Illinois Procurement Code.
Section 4.5. Powers of the Department of Labor. The
Department shall have jurisdiction to approve or disapprove
sectoral agreements as provided in Section 12.
Section 5. Rights of TNDs. Transportation network drivers
shall have the right of self-organization, to form, join, or
assist TND organizations, to bargain collectively through
representatives of the TND's choosing, and to engage in
concerted activities, for the purpose of collective bargaining
or other mutual aid or protection, free from interference,
restraint, or coercion by TNCs, and shall also have the right
to refrain from any of these activities. Nothing contained in
this Act shall be interpreted to prohibit TNDs from exercising
the right to confer with TNCs at any time, provided that during
the conference there is no attempt by the TNC, directly or
indirectly, to interfere with, restrain, or coerce the workers
in the exercise of the rights guaranteed by this Act.
Section 6. Unfair work practices.

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(a) It is an unfair work practice for a TNC to:
(1) Fail or refuse to provide the Board or a TND
organization with an accurate list of the names, trips
made, and contact information for TNDs, as required by
this Act.
(2) Fail or refuse to submit the list to the Board
required by Section 9.
(3) Fail or refuse to negotiate in good faith with a
TND organization certified as an exclusive bargaining
representative of TNDs engaged with the TNC, concerning
mandatory subjects of bargaining.
(4) Fail or refuse to provide a TND organization,
certified as an exclusive bargaining representative of
TNDs engaged with the TNC, with information requested by
the TND organization that is relevant to, and necessary
for, purposes of bargaining and the performance of its
other duties required by this Act.
(5) Fail or refuse to continue all the terms of a
sectoral agreement approved by the Department under this
Act until a new sectoral agreement is approved, unless in
accordance with a recognized exception under the law.
(6) Dominate or interfere with the formation,
existence, or administration of any TND organization, or
to contribute financial or other support to any such
organization, directly or indirectly, unless required by
this Act, by any rules implementing this Act, or by any

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sectoral agreement approved by the Department, including,
but not limited to, the following:
(i) by participating or assisting in, supervising,
or controlling (A) the initiation or creation of any
such organization or (B) the meetings, management,
operation, elections, formulation or amendment of
constitution, rules, or policies, of any such
organization;
(ii) by offering incentives to TNDs to join any
such organization; or
(iii) by donating free services, equipment,
materials, office or meeting space or anything else of
value for the use of any such organization; provided
that a TNC may permit TNDs to perform representational
work protected under this Act during working hours
without loss of time or pay or allow agents of a TND
organization that is the exclusive representative of
its TNDs to meet with TNDs on its premises or
communicate with TNDs via the TNC's platform; and
provided further that any activity permitted to be
performed or conducted by a TNC with respect to a TND
by paragraphs (1) through (6) of the definition of
"company union" in Section 3 shall not be deemed an
unfair work practice under this paragraph.
(7) Require a TND to join any company union or TND
organization or to require a TND to refrain from forming,

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or joining or assisting a TND organization of the TND's
choosing.
(8) Encourage membership in any company union or
discourage membership in any TND organization, by
discrimination in regard to any term or condition of work.
(9) Deactivate or otherwise discriminate against a TND
because the TND has signed or filed any charge, affidavit,
petition, or complaint or given any information or
testimony under this Act.
(10) Distribute or circulate any blacklist of
individuals exercising any right created or confirmed by
this Act or of members of a TND organization, or to inform
any person of the exercise by any individual of the right
or of the membership of any individual in a TND
organization for the purpose of preventing individuals so
blacklisted or so named from obtaining or retaining
opportunities for remuneration.
(11) Perform any acts, other than those already
enumerated in this Section, which interfere with,
restrain, or coerce TNDs in the exercise of the rights
guaranteed by this Act.
(b) It is an unfair work practice for a TND organization
to:
(1) Fail or refuse to negotiate in good faith with a
TNC concerning mandatory subjects of bargaining, provided
that the TND organization is the certified exclusive

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bargaining representative of the TNC's transportation
network drivers, including by refusing to provide
information requested by a TNC that is relevant and
necessary for the purposes of bargaining and the
performance of its other duties required by this Act.
(2) Restrain or coerce TNDs in the exercise of the
rights guaranteed by this Act, provided that this
paragraph shall not impair the right of a TND organization
to prescribe its own rules with respect to the acquisition
or retention of membership in the organization.
(3) Fail or refuse to fulfill its duty of fair
representation by intentional misconduct in representing
TNDs where it is the certified exclusive bargaining
representative.
(4) Restrain or coerce a TNC in the selection of its
representatives for the purpose of bargaining or the
adjustment of grievances.
(5) Cause or attempt to cause a TNC to discriminate
against a TND in violation of paragraph (9) of subsection
(a) of this Section.
(c) For the purposes of this Section, "to negotiate in
good faith" means the performance of the mutual obligation of
the transportation network companies or their agents or
representatives and the exclusive bargaining representative to
meet at reasonable times and negotiate in good faith with
respect to mandatory subjects of bargaining, or the

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negotiation of a sectoral agreement under Section 12, or any
question arising thereunder, and to execute a written contract
incorporating any agreement reached if requested by either
party. However, this mutual obligation does not compel the
transportation network companies or the exclusive bargaining
representative to agree to a proposal or require the making of
a concession.
Section 7. Prevention of unfair work practices.
(a) The Board is empowered and directed to prevent any TNC
and any TND organization from engaging in any unfair work
practice described in this Act. This power shall not be
affected or impaired by any means of adjustment, mediation, or
conciliation in labor disputes that have been or may hereafter
be established by law or the approval of a sectoral agreement
provided for in subsection (i) of Section 12. In order to
prevent unfair work practices, each TNC shall, at least once
each year, send a text message and an email to each of its
active TNDs in a form determined by the Board notifying the
TNDs of their rights under this Act, and the procedure for
filing an unfair work practice charge. The TNC shall provide
the notice in all languages that the Board determines are
likely spoken by 5% or more of TNC drivers. The Board shall
also post a copy of this notice on its website.
(b) No complaint shall issue based upon any unfair work
practice occurring more than 6 months prior to the filing of a

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charge with the Board and the service of a copy upon the person
against whom the charge is made. Notwithstanding the
provisions of this subsection, if the aggrieved party did not
reasonably have knowledge of the alleged unfair work practice,
the 6-month filing and service period shall begin to run when
the charging party knew, or reasonably should have known, of
the actions which constitute the alleged unfair work practice.
(c) Whenever it is charged that any person has engaged in,
or is engaging in, any unfair work practice, the Board, or any
agent designated by the Board for the purposes, shall conduct
an investigation of the charge. If, after the investigation,
the Board finds that the charge involves a dispositive issue
of law or fact, the Board shall issue a complaint and cause to
be served upon the person the complaint stating the charges,
accompanied by a notice of hearing before the Board or a member
designated by the Board, or before a qualified hearing officer
designated by the Board at the offices of the Board or the
other location as the Board deems appropriate, not less than 5
days after service of the complaint. Any such complaint may be
amended by the member or hearing officer conducting the
hearing for the Board in his or her discretion at any time
prior to the issuance of an order based thereon. The person who
is the subject of the complaint has the right to file an answer
to the original or amended complaint and to appear in person or
by a representative and give testimony at the place and time
fixed in the complaint. In the discretion of the member or

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hearing officer conducting the hearing or the Board, any other
person may be allowed to intervene in the proceeding and to
present testimony. In any hearing conducted by the Board,
neither the Board nor the member or agent conducting the
hearing shall be bound by the rules of evidence applicable to
courts, except as to the rules of privilege recognized by law.
(d) The Board shall have the power to issue subpoenas and
administer oaths. If any party willfully fails or neglects to
appear or testify or to produce books, papers, and records
pursuant to the issuance of a subpoena by the Board, the Board
may apply to a court of competent jurisdiction to request that
the party be ordered to appear before the Board to testify or
produce the requested evidence.
(e) Any testimony taken by the Board, or a member
designated by the Board or a hearing officer, must be reduced
to writing and filed with the Board. A full and complete record
shall be kept of all proceedings before the Board, and all
proceedings shall be transcribed by a reporter appointed by
the Board. The party on whom the burden of proof rests shall be
required to sustain the burden by a preponderance of the
evidence, and the charging party shall have the burden of
proving the unfair work practice accordingly. If, upon a
preponderance of the evidence taken, the Board is of the
opinion that any person named in the charge has engaged in or
is engaging in an unfair work practice, then it shall state its
findings of fact and shall issue and cause to be served upon

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the person an order requiring the person to cease and desist
from the unfair work practice, and to take the affirmative
action as will effectuate the provisions of this Act,
including, but not limited to: (i) withdrawal of recognition
from and refraining from sectoral bargaining with any
organization or association, agency, or plan that is either
defined in this Act as a company union or established,
maintained, or assisted by any action defined in this Act as an
unfair work practice; (ii) awarding of back compensation
without any reduction based on the TND's interim earnings or
failure to earn interim earnings and, upon a showing of
egregious misconduct, an additional amount as liquidated
damages equal to 2 times the amount of back compensation
awarded; (iii) requiring reengagement or reestablishment of
the TNC's preexisting relationship with an improperly
adversely affected TND with or without compensation, or
maintenance of a preferential list from which the TND shall be
reengaged or the relationship reestablished, and the order may
further require the respondent to make reports from time to
time showing the extent to which the order has been complied
with; (iv) requiring the TNC to recognize and bargain with a
TND organization if the Board determines that the unfair work
practice interfered with the TND's right to form or join a TND
organization; and (v) requiring the respondent to comply with
any other obligation of this Act. The Board's order may in its
discretion also include an appropriate sanction, based on the

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Board's rules, and the sanction may include an order to pay the
other party or parties' reasonable expenses, including costs
and reasonable attorney's fees, if the other party has made
allegations or denials without reasonable cause and found to
be untrue or has engaged in frivolous litigation for the
purpose of delay or needless increase in the cost of
litigation. If the Board awards back compensation, damages, or
monetary sanction, it shall also award interest at the rate of
7% per annum. The Board's order may further require the person
to make reports from time to time, and demonstrate the extent
to which the person has complied with the order. If there is no
preponderance of evidence to indicate to the Board that the
person named in the charge has engaged in or is engaging in the
unfair work practice, then the Board shall state its findings
of fact and shall issue an order dismissing the complaint.
(f) Until the record in a case has been filed in court, the
Board at any time, upon reasonable notice and in a manner as it
deems proper, may modify or set aside, in whole or in part, any
finding or order made or issued by it.
(g) A charging party or any person aggrieved by a final
order of the Board granting or denying in whole or in part the
relief sought may apply for and obtain judicial review of an
order of the Board entered under this Act, in accordance with
the provisions of the Administrative Review Law, except that
judicial review shall be afforded directly in the Appellate
Court for the district in which the aggrieved party resides or

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transacts business, and judicial review shall not be available
for the purpose of challenging a final order issued by the
Board under Section 10 for which judicial review has been
petitioned in accordance with subsection (f) of Section 10.
Any direct appeal to the Appellate Court shall be filed within
35 days after the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision.
The filing of an appeal to the Appellate Court shall not
automatically stay the enforcement of the Board's order. An
aggrieved party may apply to the Appellate Court for a stay of
the enforcement of the Board's order after the aggrieved party
has followed the procedure prescribed by Supreme Court Rule
335. The Board in proceedings under this Section shall request
and may obtain an order of the court for the enforcement of the
Board's order.
(h) Whenever it appears that any person has violated a
final order of the Board issued under this Section, the Board
must commence an action in the name of the People of the State
of Illinois by petition, alleging the violation, attaching a
copy of the order of the Board, and praying for the issuance of
an order directing the person, the person's officers, agents,
servants, successors, and assigns to comply with the order of
the Board. The Board shall be represented in this action by the
Attorney General in accordance with the Attorney General Act.
The court may grant or refuse, in whole or in part, the relief
sought, provided that the court may stay an order of the Board

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in accordance with the Administrative Review Law, pending
disposition of the proceedings. The court may punish a
violation of its order as in civil contempt. The proceedings
provided in this paragraph shall be commenced in the Appellate
Court for the district where the unfair work practice which is
the subject of the Board's order was committed, or where a
person required to cease and desist by the order resides or
transacts business. In case of the enforcement of an order of
the Board, the Appellate Court shall have the power to issue
any injunctive or equitable remedy it finds appropriate, and
in the case of a Board order which requires the payment of
money, the Appellate Court shall have the power to enter
judgment for the amount justified by the record and for costs,
which judgment may be enforced as other judgments for the
recovery of money.
(i)(1) A party filing an unfair work practice charge under
this Section may petition the Board to obtain injunctive
relief, pending a decision on the merits of the charge by the
Board, a member designated by the Board, or a hearing officer
designated by the Board, upon a showing that: (i) it is likely
to succeed on the merits; (ii) it is likely to suffer
irreparable harm in the absence of preliminary relief; (iii)
the balance of equities tips in its favor; and (iv) an
injunction is in the public interest. The immediate and
irreparable harm may include the chilling of TNDs in the
exercise of rights provided or protected by this Act.

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(2) Within 60 days after the receipt by the Board of the
petition for injunctive relief, if the Board determines that a
charging party has made a sufficient showing in accordance
with paragraph (1), the Board, through the Attorney General,
shall petition the circuit court where the alleged unfair work
practice was allegedly committed, or where a person required
to cease and desist from the alleged unfair work practice
resides or transacts business, for appropriate temporary
relief or restraining order. The Board shall be represented in
the action by the Attorney General in accordance with the
Attorney General Act. If the Board fails to act within 60 days,
the Board shall be deemed to have made a final order
determining not to seek injunctive relief. If the Board
determines not to seek injunctive relief, or if the Board,
through the Attorney General, does not petition the circuit
court for injunctive relief within 60 days after the filing of
the charging party's petition with the Board, the charging
party may seek injunctive relief by petition to the circuit
court, in which case the Board must be joined as a necessary
party.
(3) Upon the filing of any petition for injunctive relief
as provided in the preceding paragraph, the injunctive relief
may be granted by the court, after hearing all parties, if it
determines that there is a sufficient showing under paragraph
(1). The relief shall expire on decision by the Board, a member
designated by the Board, or a hearing officer designated by

HB5090 Enrolled - 23 - LRB104 20486 HLH 33958 b
the Board finding no unfair work practice to have occurred,
successful appeal of the grant of injunctive relief, or
successful motion to vacate or modify the injunctive relief
under the Code of Civil Procedure. Any injunctive relief in
effect pending a decision by the Board (i) shall expire upon a
decision by the Board finding no unfair work practice to have
occurred, of which the Board shall notify the court
immediately, or (ii) shall remain in effect only to the extent
it implements any remedial order issued by the Board in its
decision, of which the Board shall notify the court
immediately.
(4) A decision on the merits of the unfair work practice
charge by the Board finding an unfair work practice to have
occurred shall continue the injunctive relief until either (i)
the respondent implements the remedy or (ii) the Board's order
is set aside in an action for review of the Board's order under
the Administrative Review Law as set forth in subsection (g).
(5) The appeal of any order granting, denying, modifying,
or vacating injunctive relief ordered by the court under this
subsection shall be made in accordance with the Code of Civil
Procedure and Supreme Court Rules.
(6) The Board or, where applicable, the charging party,
shall not be required to give any undertakings or bond and
shall not be liable for any damages or costs which may have
been sustained by reason of any injunctive relief ordered. In
the case of a TNC's failure to provide an accurate list of

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names, mobile phone numbers, email addresses, and mailing
addresses of TNDs, immediate and irreparable injury, loss, or
damage shall be presumed.
(j) In addition to, and without limiting, any other
procedure provided in this Section, the Board is empowered and
directed to enforce, and prevent violations of paragraph (2)
of subsection (a) of Section 6 as follows.
(1) Upon the failure or refusal of a TNC to timely
submit the list to the Board required by Section 9, the
Board shall promptly issue a complaint charging the TNC
with an unfair work practice and, through the Attorney
General, petition a court of competent jurisdiction for
temporary relief to compel production of the list,
consistent with the procedures in subsection (i), except
that the Board shall have a mandatory, nondiscretionary
duty to seek injunctive relief. The Board shall be
represented in the action by the Attorney General in
accordance with the Attorney General Act. In the case of a
TNC's failure to provide the list to the Board required by
Section 9, immediate and irreparable injury, loss, or
damage shall be presumed.
(2) In addition to any other remedy provided by this
Act, a TNC found to have committed an unfair work practice
in violation of paragraph (2) of subsection (a) of Section
6 shall be subject to a civil penalty, payable to the
Board, not to exceed $10,000 per day for each day after the

HB5090 Enrolled - 25 - LRB104 20486 HLH 33958 b
deadline that the list was not provided. The amount of the
penalty shall be determined by the Board through
application of the following criteria: (i) the size of the
TNC; (ii) the severity of the violation; and (iii) any
history of violations by the TNC. A TNC found to have
committed an unfair work practice in violation of
paragraph (2) of subsection (a) of Section 6 shall also be
required by the Board to pay the Board's or charging
party's attorney's fees and costs for any court proceeding
initiated by the Board or charging party to compel
production of the list.
Section 8. Determination of active TNDs.
(a) Within 90 days after the effective date of this Act,
and once each calendar quarter thereafter, each covered
transportation network company shall provide the Board, in an
electronic format determined by the Board, with information
that identifies all transportation network drivers who
completed 10 or more rides that originate in the State on the
covered TNC's platform in the previous 6 months.
(b) Each covered TNC shall provide this information within
2 weeks after the end of each calendar quarter (by April 14
provide TND information from rides originating between October
1 and March 31, by July 14 provide TND information from rides
originating between January 1 and June 30, by October 14
provide TND information from rides originating between April 1

HB5090 Enrolled - 26 - LRB104 20486 HLH 33958 b
and September 30, by January 14 provide TND information from
rides originating between July 1 and December 31).
(c) The information shall include only the name of the
TND, the TND driver's license number, and to the extent known
by a TNC, the TND's mobile phone number, mailing address,
email address, preferred language, and the number of rides the
TND completed through the covered TNC's platform in the
previous 6 months. A TND organization may use the information
in the list only for the purposes authorized by this Act, and
shall not provide the information to any third party unless
that party is acting as the TND organization's agent for the
purposes authorized by this Act. A covered TNC shall not be
liable for any damages caused by the TND organization's or the
Board's failure to safeguard the list as provided in Section
16 from a data or security breach.
(d) Within 14 days after the deadline for submission of
the information from covered TNCs required in this Section,
the Board shall combine the data provided by all covered TNCs
to determine the distribution of the number of rides completed
by all TNDs for which data has been submitted, and then shall
determine the median number of rides across TNDs for whom data
has been submitted in the previous 6 months. Any TND who
completed greater than or equal to the median number of rides
shall be considered an active transportation network driver in
the rideshare industry. The Board shall make publicly
available both the total number of active transportation

HB5090 Enrolled - 27 - LRB104 20486 HLH 33958 b
network drivers in the rideshare industry and the median
number of rides used to make that determination. The
information required to be provided to the Board in this
Section shall be produced in a manipulable electronic format,
such as a spreadsheet program consisting of cells organized by
lettered columns and numbered rows with each data point in a
separate cell that allows users to sort and perform
calculations and analysis. The Board may require that the
information be provided in a specified software program. The
records and information provided to the Board by
transportation network companies are exempt from disclosure
under the Freedom of Information Act.
Section 9. Determination of covered TNCs.
(a) Within 90 days after the effective date of this Act,
and within 2 weeks after the end of each calendar quarter, each
TNC shall electronically submit to the Board a single
statewide total of the rides performed during the prior
quarter by transportation network drivers on its
online-enabled application or platform. For the purposes of
this Section, all digital networks or software application
services that any related corporate entities under common
control maintain shall be considered a single TNC.
(b) The information required by subsection (a) shall be
produced in a manipulable electronic format, such as a
spreadsheet program consisting of cells organized by lettered

HB5090 Enrolled - 28 - LRB104 20486 HLH 33958 b
columns and numbered rows with each data point in a separate
cell that allows users to sort and perform calculations and
analysis. The Board may require that the information be
provided in a specified software program.
(c) Within 14 days after the deadline set forth in
subsection (a), the Board shall designate the covered TNCs
through the following procedure.
(1) The Board shall total all rides reported under
subsection (a).
(2) The Board shall then rank all TNCs by rideshare
volume in descending order. The Board shall begin with the
highest ranked TNC and continue down the list until the
Board has identified the TNCs whose rides collectively
equal or exceed 95% of the statewide total for the
preceding quarter. These TNCs shall be deemed covered TNCs
for the purposes of this Act.
(3) For the purposes of this Section, all TNCs under
common ownership or control shall be considered to be a
single TNC. The Board shall publish the list of covered
TNCs and noncovered TNCs and rideshare volume information
on its website. The Board shall notify each TNC as to
whether the TNC is a covered TNC.
(d) The failure of a TNC to submit the list required by
subsection (a) shall not prevent the Board from providing a
list of covered and noncovered TNCs to the extent the Board
concludes that the missing information cannot reasonably be

HB5090 Enrolled - 29 - LRB104 20486 HLH 33958 b
expected to change whether those TNCs are covered or
noncovered TNCs.
(e) A TNC that was not a covered TNC when a sectoral
agreement took effect but whose rideshare volume in a later
quarter brings it within the 95% threshold identified in
paragraph (2) of subsection (c) shall become a covered TNC,
and be bound by all terms of the sectoral agreement
immediately.
(f) A TNC that becomes a covered TNC in accordance with
this Section shall remain a covered TNC for the remaining term
of a sectoral agreement.
(g) When a sectoral agreement is in effect, any TNC that is
not a covered TNC for the purposes of this Section may choose
to become bound to the sectoral agreement by providing written
notice to the Board, the certified exclusive bargaining
representative, and the covered TNCs. A TNC that chooses to
become bound to a sectoral agreement under this Section shall
be bound for the remaining term of the agreement. The TNC shall
not, on account of its exercise of the option provided by this
Section, become a covered TNC for the purposes of negotiation
of subsequent sectoral agreements or coverage by subsequent
sectoral agreements.
(h) It is unlawful for any TNC that is not a covered TNC or
voluntarily bound by the terms of the sectoral agreement as
provided by this Section to make any statement, advertisement,
or imply in any official communication that the TNC is bound by

HB5090 Enrolled - 30 - LRB104 20486 HLH 33958 b
the terms of the sectoral agreement.
(i) During the time that a noncovered TNC is bound by the
terms of the sectoral agreement under this Section, the
certified exclusive bargaining representative shall represent
the TNC drivers who drive for the noncovered TNC for the
purposes of this Act. The noncovered TNC shall have the same
obligations as a covered TNC to provide information to the
Board necessary to administer this Act and to provide
information to the exclusive bargaining representative
necessary for representation of the TNC drivers.
Section 10. Designation of bargaining representatives.
(a) For the purposes of this Act, each TND performing TNC
services on a covered TNC shall be included in the bargaining
unit.
(b) A TND organization may demonstrate that it has been
designated as a bargaining representative by presenting to the
Board cards, petitions, or other evidence, which may be in
electronic form, sufficient to show the TND has authorized the
TND organization to act as the worker's bargaining
representative. A TND may demonstrate that TNDs do not wish to
be represented by a TND organization by presenting to the
Board cards, petitions, or other evidence, which may be in
electronic form, sufficient to show the TND does not authorize
any TND organization to act as the worker's exclusive
bargaining representative. The Board shall deem valid any such

HB5090 Enrolled - 31 - LRB104 20486 HLH 33958 b
card, petition, or other evidence that includes (i) the
signature of the TND, (ii) the date of execution, (iii) a
statement indicating the TND's authorization of the TND
organization to act as the TND's exclusive bargaining
representative or alternatively the TND's wish to not be
represented by a TND organization, and (iv) the name of at
least one TNC for whom the TND performs services. No card,
petition, or other evidence of designation of bargaining
representative shall be deemed valid for the purposes of this
Section unless it was executed on or after the effective date
of this Act. In order to be valid, the card, petition, or other
evidence must have been executed by the TND within one year of
the date that the TND organization, or TND, submits the
evidence to the Board. The authorizations or designations of
representatives may be evidenced by electronic records or
electronic signatures as provided under Sections 7 and 8 of
the Uniform Electronic Transactions Act. The Board shall
accept electronic signatures as a means to support the
authorizations or designations of representatives where, as
with handwritten signatures, the electronic signature method
chosen by the party provides the Board with prima facie
evidence (1) that a TND has electronically signed a document
purporting to state the TND's views regarding representation
and (2) that the petitioner has accurately transmitted that
document to the Board. The authorizations or designations of
representative shall be presumed to be valid unless called

HB5090 Enrolled - 32 - LRB104 20486 HLH 33958 b
into question by the presence of objective evidence. The Board
may adopt rules for verification of electronic signatures to
effectuate this Section consistent with the following:
(1) Submissions supported by electronic signature must
contain the following: (i) the signer's name; (ii) the
signer's email address or other known contact information,
such as a social media account; (iii) the signer's
telephone number; (iv) the authorization language to which
the signer has agreed; (v) the date the electronic
signature was submitted; and (vi) the name of at least one
TNC for whom the TND performs services. The Board shall
not require any additional TND identifying information to
be submitted for the signature and authorization to be
presumed valid. If the submission does not identify at
least one TNC for whom the TND performs services, then at
the time the submission is provided to the Board, the
petitioner may attest, in writing, that the TND currently
provides services for at least one identified TNC.
(2) A party submitting either electronic or digital
signatures must submit a declaration: (i) identifying what
electronic or digital signature technology was used and
explaining how its controls ensure that the electronic or
digital signature is that of the signatory TND and that
the TND signed the document; and (ii) that the
electronically transmitted information regarding what and
when the TNDs signed is the same information seen and

HB5090 Enrolled - 33 - LRB104 20486 HLH 33958 b
signed by the TND.
(3) When the electronic signature technology being
used does not support digital signatures that can be
independently verified by a third party, the submitting
party must submit evidence that, after the electronic
signature was obtained, the submitting party promptly
transmitted a communication stating and confirming all the
information listed in paragraph (1) (the "Confirmation
Transmission"). The Confirmation Transmission must be sent
to an individual account, such as an email address, text
message via mobile phone, or social media account provided
by the signer. If any responses to the Confirmation
Transmission are received by the time of submission to the
Board, those responses must also be provided to the Board.
(c) The Board shall not adopt or impose any requirements
for designations or authorizations of representative in
addition to those specified in subsection (b), unless based on
objective evidence of fraud, the Board determines that
additional technical requirements are necessary to prevent the
fraud. Any additional requirements shall be consistent with
the purpose of subsection (b) and shall not require additional
TND identifying information to be submitted for the signature
and authorization to be presumed valid. A designation or
authorization of representative shall not be invalidated for
typographical or other errors or omissions if the intent of
the signer is clear and the signer's identity can be

HB5090 Enrolled - 34 - LRB104 20486 HLH 33958 b
determined based on the totality of the information presented.
(d)(1) Within 30 days after the petition of any TND
organization, the Board shall make a determination that such
organization has been designated as the bargaining
representative by at least 10% of active TNDs in the
bargaining unit. For the purposes of this paragraph, the
operative list of active TNDs shall be based on the most recent
quarterly list provided by the covered TNCs to the Board in
accordance with Section 8.
(2) Within 30 days after the Board's determination that a
TND organization has been designated as the bargaining
representative of at least 10% of active TNDs in the
bargaining unit, the Board shall: (i) require each covered TNC
to send a notice, in a form determined by the Board, that the
TND organization is seeking to represent TNDs for the purpose
of initiating a bargaining process in order to establish terms
and conditions for the industry; and (ii) provide the TND
organization with a complete list of names, phone numbers,
mailing address, email addresses, and preferred language for
all active TNDs in the bargaining unit. The TNC shall provide
the notice in all languages that the Board determines are
likely spoken by 5% or more of TNC drivers. The Board will
provide the TND organization with an updated list each quarter
for the following 4 quarters.
(e)(1) A TND organization that provides evidence to the
Board that it has been designated as bargaining representative

HB5090 Enrolled - 35 - LRB104 20486 HLH 33958 b
by 30% of active TNDs in the bargaining unit shall be certified
as the exclusive bargaining representative of all TNDs in the
bargaining unit. The Board shall make such determination of
exclusive bargaining representative status within 30 days
after the petition. In the alternative, a TND organization
that has been designated as the bargaining representative of
at least 10% of active TNDs in the bargaining unit, pursuant to
a petition filed under subsection (d) or (e), may petition the
Board to conduct an election. The TND organization may
petition for such election at any time within one year of the
Board's determination that it has been designated as the
bargaining representative of at least 10% of active TNDs. The
Board shall publicly announce the petition for election and
require each covered TNC to provide notice, in a form
determined by the Board, to all active TNDs of the petition for
election. The election shall be conducted as expeditiously as
possible, but in no event more than 60 days after the TND
organization's petition for election. Any other TND
organization that provides evidence to the Board that it has
been designated as the bargaining representative of at least
10% of active TNDs in the bargaining unit may, within 30 days
after the Board's public announcement of the original petition
for election, intervene and participate in the election. For
the purposes of this paragraph and for petitions filed by a TND
organization within 6 months of having been designated as a
representative by 10% of active TNDs under paragraph (2) of

HB5090 Enrolled - 36 - LRB104 20486 HLH 33958 b
subsection (d), the operative list of active TNDs shall be
based on the first list of active TNDs provided to the TND
organization by the Board under paragraph (2) of subsection
(d). For the purposes of all other petitions under this
paragraph, the operative list of active TNDs shall be the most
recent quarterly list provided by the covered TNCs in
accordance with Section 8.
(2) If a TND organization seeking certification as the
exclusive bargaining representative without an election
provides evidence that shows that less than a majority of
active TNDs have designated the TND organization as their
bargaining representative, the Board shall wait 7 days before
certifying the TND organization as the exclusive bargaining
representative. If, during those 7 days, another TND
organization provides evidence to the Board that at least 20%
of active TNDs in the bargaining unit have designated it as
their bargaining representative, then the Board shall hold an
election among all active TNDs in the bargaining unit. Such
election shall be conducted as expeditiously as possible, but
in no event more than 60 days after the petition of the
original TND seeking certification as the exclusive bargaining
representative. For the purposes of such election and for
petitions filed by a TND organization within 6 months of
having been designated as representative by 10% of active TNDs
under paragraph (2) of subsection (d), the operative list of
active TNDs shall be based on the first list of active TNDs

HB5090 Enrolled - 37 - LRB104 20486 HLH 33958 b
provided to the TND organization by the Board under paragraph
(2) of subsection (d). For the purposes of all other elections
under this paragraph, the operative list of active TNDs shall
be the most recent quarterly list provided by the covered TNCs
in accordance with Section 8.
(2.5) For purposes of any election conducted under
paragraph (1) or (2) of this subsection, if the TND
organization receives a majority of valid votes cast in the
election, the Board shall certify the TND organization as the
exclusive bargaining representative. When 2 or more TND
organizations are on the ballot and none of the choices (the
TND organizations or "no worker organization") receives a
majority of the valid votes cast, there shall be a runoff
election between the 2 choices receiving the largest and
second largest number of votes, to be conducted within 45 days
after the determination that no choice had received a majority
of valid votes cast. The TNDs eligible to vote in the runoff
election shall be the same TNDs eligible to vote in the initial
election. A TND organization receiving a majority of the valid
votes cast in the runoff election shall be certified as the
exclusive bargaining representative of all TNDs in the
bargaining unit. If a majority of the valid votes cast are for
"no worker organization", then the Board shall not certify any
worker organization as the exclusive bargaining
representative.
(3) A TND organization certified as the exclusive

HB5090 Enrolled - 38 - LRB104 20486 HLH 33958 b
bargaining representative shall have the exclusive authority
to represent the TNDs in the bargaining unit, without
challenge by another TND organization, and not subject to
decertification by the procedures in this subsection, for the
greater of (i) one year following certification or (ii) the
length of time that a sectoral agreement approved by the
Department under subsection (i) of Section 12 is in effect,
provided that the period shall not be longer than 3 years
following the date of the Department's approval of the
sectoral agreement. During the times when an exclusive
bargaining representative is subject to challenge, TNDs may
file for a decertification election upon a showing that at
least 25% of the active TNDs in the bargaining unit have
demonstrated support for the decertification. The Board will
then schedule an election to determine whether the TND
organization has retained its status as the exclusive
bargaining representative. The TND organization shall retain
its status as the exclusive bargaining representative if it
receives a majority of valid votes cast by active TNDs in the
bargaining unit. For the purposes of this paragraph, the
operative list of active TNDs shall be based on the most recent
quarterly list provided by the covered TNCs in accordance with
Section 8.
(4) If a TND organization has been certified as the
exclusive bargaining representative with respect to the
bargaining unit, only that TND organization shall be entitled

HB5090 Enrolled - 39 - LRB104 20486 HLH 33958 b
to: (i) immediately upon certification, and, quarterly
thereafter, receive from the Board the data provided by the
covered TNCs to the Board under Section 8, to be used solely
for the purposes of bargaining and the performance of its
other duties as the TND's bargaining representative; and (ii)
to engage in bargaining with the covered TNCs for a sectoral
agreement to be recommended to the Department concerning
mandatory subjects of bargaining.
(5) A TND organization that has been certified as the
exclusive bargaining representative with respect to the
bargaining unit shall have a right to voluntary deduction of
dues, initiation fees, assessments, and other payments to the
TND organization, from payments to TNDs by a covered TNC, upon
presentation of deduction authorizations signed by individual
TNDs, which may be in electronic form. A covered TNC shall
commence making such deductions in accordance with the terms
of the deduction authorization as soon as practicable, but in
no case later than 30 days after receiving proof of a signed
deduction authorization, and amounts deducted shall be
submitted to the TND organization within 30 days after the
deduction. A covered TNC shall accept a signed deduction
authorization evidenced by electronic records or electronic
signatures as provided under Sections 7 and 8 of the Uniform
Electronic Transactions Act. The right to such deductions
shall remain in full force and effect until an individual TND
revokes the deduction authorization in writing in accordance

HB5090 Enrolled - 40 - LRB104 20486 HLH 33958 b
with the terms of the authorization.
(f) An order of the Board dismissing a representation
petition or determining, certifying, or decertifying a TND
organization as an exclusive bargaining representative is a
final order. Any person aggrieved by any such final order may
apply for and obtain judicial review in accordance with the
provisions of the Administrative Review Law, except that such
review shall be afforded directly in the Appellate Court for
the district in which the aggrieved party resides or transacts
business. Any direct appeal to the Appellate Court shall be
filed within 35 days after the date that a copy of the decision
sought to be reviewed was served upon the party affected by the
decision.
(g) Upon agreement by a TND organization seeking such
determination or petition or a TND seeking such determination,
and the relevant covered TNC or TNCs, any of the numerical
thresholds or any of the elections in this Section shall be
determined or conducted by a neutral body, in accordance with
the provisions of this Act. The fees of the neutral body shall
be paid by the Board. The neutral body shall report the results
of such determination or election to the Board, which shall
certify the results if it is satisfied that the determination
was made or election was conducted in accordance with the
provisions of this Act. If no neutral body has been agreed to
within 10 days after a TND organization's or TND's notice of
its request for a determination or its petition, the Board may

HB5090 Enrolled - 41 - LRB104 20486 HLH 33958 b
designate a neutral body or perform such functions itself.
Section 11. Rideshare Workers Support Fund.
(a) Beginning 90 days after the effective date of this
Act, each covered TNC shall be required to pay a fee equal to 4
cents for each trip originating within this State to the
Secretary of State to be deposited into the Rideshare Workers
Support Fund. Beginning 30 days after the certification of an
exclusive bargaining representative under Section 10, the fee
set forth in this subsection shall be increased to an amount
equal to 20 cents for each trip originating within this State.
Beginning on January 1, 2028, and each January 1 thereafter,
the fee set forth in this subsection shall be adjusted to the
nearest penny for each trip originating in this State to
reflect any increase in inflation as measured by the Consumer
Price Index for All Urban Consumers published by the United
States Bureau of Labor Statistics. The Secretary of State
shall calculate and publish the adjusted fee required by this
subsection.
(1) Within 14 days after the start of each month, each
covered TNC shall pay to the Secretary of State the fee
required under subsection (a) for the previous month and
transmit to the Secretary of State a certified report
identifying the number of trips originating within this
State in the previous month. The covered TNCs shall pay
the fee and transmit the certified report to the Secretary

HB5090 Enrolled - 42 - LRB104 20486 HLH 33958 b
of State by electronic means as directed by the Secretary
of State.
(2) The Secretary of State shall create the Rideshare
Workers Support Fund and deposit the fees collected under
this Section into the fund.
(b) Subject to appropriation, the Secretary of State shall
use the funds in the Rideshare Workers Support Fund as
provided in this subsection. The Secretary of State shall use
the funds collected in each calendar quarter within 60 days
after the close of each quarter as follows:
(1) The amount equivalent to 3 cents for each trip
originating in this State shall be used by the Secretary
of State for the purposes of administering its functions
under this Act.
(2) The amount equivalent to 1 cent for each trip
originating in this State shall be paid to the Board for
the purposes of administering its functions under this
Act.
(3) Effective upon the increase in the fee following
the certification of an exclusive bargaining
representative under Section 10, and subject to paragraphs
(1) and (2) of subsection (b), the amount equivalent to 16
cents for each trip originating in this State shall be
paid as a grant to the exclusive bargaining
representative, subject to the conditions and restrictions
set forth in subsection (c). If, for a given period, there

HB5090 Enrolled - 43 - LRB104 20486 HLH 33958 b
is no certified exclusive bargaining representative or the
Secretary of State has determined to suspend or terminate
disbursements to the exclusive bargaining representative
as provided in subsection (c), the funds that would
otherwise have been paid to the exclusive bargaining
representative for that period shall be used by the Board
for the purposes of administering its functions under this
Act and for other educational and enforcement purposes
consistent with this Act.
The amounts set forth in this subsection shall be
recalculated proportionally to any increase in the fee under
subsection (a). A TNC required to pay a fee under this Section
shall not impose the cost of the fee on any consumer, including
as an itemized line or surcharge.
(c) The purpose of the grant to the exclusive bargaining
representative provided under paragraph (3) of subsection (b)
shall be to ensure that TNDs are educated about their rights
under this Act and have the resources, through their exclusive
bargaining representative, to enforce their rights under this
Act and under any approved sectoral agreement under this Act.
The exclusive bargaining representative may use the funds
granted under this Section exclusively for the purposes of
educating TNDs regarding their rights under this Act,
providing assistance in enforcing those rights, negotiating a
sectoral agreement, and enforcing the terms of a sectoral
agreement approved by the Department under this Act. The

HB5090 Enrolled - 44 - LRB104 20486 HLH 33958 b
exclusive bargaining representative shall not use any portion
of the funds granted under this Section for political
contributions or lobbying.
(1) An exclusive bargaining representative shall be
eligible to receive funds under this Section only if the
Secretary of State determines that the exclusive
bargaining representative has the capacity and expertise
to fulfill the educational and enforcement functions
required by this subsection and the proposed use of the
funds is consistent with the purposes of this Act. The
Secretary of State may adopt administrative rules for the
evaluation of requested grants and to establish the
criteria to determine the capacity and expertise of the
exclusive bargaining representative required by this
subsection.
(2) The exclusive bargaining representative shall
submit an annual report to the Secretary of State in a form
to be determined by the Secretary of State setting forth
how the exclusive bargaining representative has used the
funds received under this Section. The Secretary of State
shall review each annual report and certify whether the
exclusive bargaining representative is using the funds for
appropriate activities permitted by this Section. The
Secretary of State shall adopt administrative rules to
establish a process by which it may suspend or terminate
the payment of funds to the exclusive bargaining

HB5090 Enrolled - 45 - LRB104 20486 HLH 33958 b
representative based on the failure to use funds for the
permissible activities set forth in this subsection, the
failure to submit the report required by this subsection,
or the failure to otherwise comply with this Section. If
funding to the exclusive bargaining representative is not
granted or is suspended or terminated in any given year,
the exclusive bargaining representative may reapply for
the payment of funds in the following year.
(3) The payment of funds to the exclusive bargaining
representative shall not be subject to the provisions of
the Grant Accountability and Transparency Act.
(d)(1) The Secretary of State may issue administrative
subpoenas, propound interrogatories, and conduct audits of
covered TNCs and the exclusive bargaining representative to
ensure that covered TNCs comply with the payment of fees to the
Secretary of State required under subsection (a) and to ensure
that the exclusive bargaining representative complies with the
use of funds restrictions set forth in subsection (c). The
Secretary of State may use the Secretary of State Police
Department to conduct the audits. If necessary, the Secretary
of State shall certify to the Attorney General, for such
action as the Attorney General may deem appropriate, when the
responses to the subpoenas, interrogatories, and audits
disclose a violation of any of the provisions of this Section.
(2) The Secretary of State shall have the jurisdiction and
authority to enforce the provisions of this Section,

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including:
(A) to order a covered TNC to pay the required fees to
the Secretary of State;
(B) to determine the amount of fees required to be
paid to the Secretary of State by a covered TNC and to
order the fees be paid;
(C) to determine any delinquency by a covered TNC in
the fees to be paid to the Secretary of State and to order
such delinquency be remedied;
(D) to audit the exclusive bargaining representative's
use of funds disbursed under subsection (b);
(E) to deny, suspend, or terminate funding to the
exclusive bargaining representative as provided under
subsection (c); and
(F) to order the recoupment of any funds used for
purposes not permitted under subsection (c).
Upon any action, finding, order, suspension, revocation,
or denial of one or more benefits or privileges under this
Section by the Secretary of State, an aggrieved party, may
submit a request to the Secretary of State, or the Secretary of
State may petition, to conduct an administrative hearing. The
Secretary of State shall establish by rule the procedures,
terms, and conditions for the administrative hearing. The
findings and decisions made by the Secretary as part of an
administrative hearing shall be subject to judicial review in
the Circuit Court of Sangamon or Cook County. The

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Administrative Review Law and any rules adopted under the
Administrative Review Law shall apply to and govern all
reviewable matters.
Section 12. Bargaining, impasse resolution procedures, and
approval of sectoral agreement by the Department.
(a) Once the Board certifies that a TND organization is
the exclusive bargaining representative for the bargaining
unit, the Board shall notify all covered TNCs, and all covered
TNCs shall be required to bargain with the exclusive
bargaining representative concerning mandatory subjects of
bargaining. The covered TNCs and TND organization may bargain
concerning other subjects agreed to by the parties. To
facilitate negotiations, the covered TNCs may form an industry
association to negotiate on their behalf. If the covered TNCs
choose not to form an association, any recommended agreement
must be approved by (i) at least 2 industry member covered TNCs
and (ii) member covered TNCs representing at least 80% of the
market share of that industry in the State, with votes
determined in proportion to the number of rides completed by
TNDs contracting directly with the covered TNC in the 2
calendar quarters preceding the certification of the exclusive
bargaining representative.
(b) Each individual covered TNC shall retain exclusive
control over the development, maintenance, design, pricing,
and implementation of its product and product features,

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software, contract terms, algorithm, and operations and areas
of service.
(c) A sectoral agreement submitted to the Department for
approval under subsection (i) shall address, at minimum, the
following subjects, each of which must be set forth separately
in the sectoral agreement, unless a subject is expressly
waived by mutual agreement of the exclusive bargaining
representative and the covered TNCs:
(1) Compensation.
(2) Benefits.
(3) Appeals process for deactivations.
(4) Representation of TNC drivers in deactivation
appeals.
(5) Paid leave.
(6) Information disclosed to TNC drivers about trips
on per-trip, weekly, and monthly earnings receipts and
summaries, and on initial ride offers.
(7) Grievance and arbitration procedures to resolve
disputes arising under the sectoral agreement.
(8) Safety mandates imposed by the covered TNCs that
require TNC drivers to purchase safety equipment or
purchase safety software, and safety features or protocols
proposed by the exclusive bargaining representative that
have a demonstrable purpose of reducing the risk of
physical assault or injury to TNC drivers. For the
purposes of this paragraph, "purchase" includes an

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automatic withdrawal from TNC driver earnings.
(9) Labor-management committees.
(10) Reasonable access by the exclusive bargaining
representative to covered TNC-to-TNC driver communication
systems.
(11) Deduction of voluntary fees and dues from
payments to TNC drivers.
(12) Duration of the sectoral agreement, which shall
be between 3 and 5 years.
(13) Insurance coverage for occupational accidents or
injuries.
(14) Compensation or supplemental insurance for job
loss.
(15) Deactivation process requirements, including:
(A) written notice to drivers of specific reasons
for deactivation;
(B) a reactivation standard following a finding
that the driver did not violate the deactivation
policy or remedied any violation;
(C) agreed upon application of deactivation
policies across similarly situated drivers; and
(D) driver access to representation by the
exclusive bargaining representative in deactivation
proceedings.
(16) Earnings transparency requirements, including:
(A) a weekly earnings summary disclosing the total

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fares collected from passengers, the total amount
earned by the driver, third-party expenses, refunds,
tips, and service fees charged by a TNC; and
(B) within 24 hours of each completed ride, an
itemized per-trip receipt accessible through the
application, disclosing the total amount paid by the
passenger, all fees applied to the trip, the portion
of the fare paid to the driver, and the tip amount, if
any.
(d) A sectoral agreement, including an agreement
recommended by an arbitrator under paragraph (6) of subsection
(h), shall not contain a provision that prevents an individual
covered TNC from exercising its autonomy under subsection (b).
(e) The negotiated sectoral agreement shall be submitted
by the TND organization to a vote by all TNDs who have
completed at least 100 trips in the previous calendar quarter.
Such vote shall be conducted by the TND organization pursuant
to procedures determined at the discretion of the TND
organization. If approved by a majority of TNDs who vote, the
sectoral agreement shall be submitted to the Department for
approval. If a majority of valid votes cast by the TNDs are not
in favor of the sectoral agreement, the TND organization and
the covered TNCs will resume negotiating.
(f) For the purposes of this Section, an impasse may be
deemed to exist if the covered TNCs and the exclusive
bargaining representative fail to achieve agreement by the end

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of a 210-day period from the date a TND organization has been
certified as the exclusive bargaining representative.
Bargaining for a successor sectoral agreement shall begin
either at the request of the exclusive bargaining
representative or covered TNCs no more than 180 days before
the expiration date of the prior approved sectoral agreement.
In the case of bargaining for a successor sectoral agreement,
an impasse may be deemed to exist if the covered TNCs and the
exclusive bargaining representative fail to achieve agreement
by the end of the period of negotiations preceding the
expiration date of the prior approved sectoral agreement.
(g) Upon impasse, any of the affected covered TNCs or the
exclusive bargaining representative may request the Board to
render assistance as provided in this Section.
(h) Upon receiving a timely request from an exclusive
bargaining representative or covered TNC for commencement of
an impasse proceeding, the Board shall aid the parties as
follows:
(1) To assist the parties to effect a voluntary
resolution of the dispute, the Board shall provide the
parties with a list of qualified mediators as maintained
by the Board within 7 days after the request for
commencement of impasse proceedings. Within 7 days after
receipt of such list, the parties shall either select a
mediator from the Board's list or select another mutually
agreed mediator. Each of the affected parties (affected

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covered TNCs and the exclusive bargaining representative)
shall have an equal say in the selection of the mediator
and each of the affected parties shall share equally the
cost of the mediator. If the parties fail to select a
mediator and notify the Board of their selection within 7
days after the date the Board provides the list of
mediators, the Board shall appoint a mediator from the
list. The Board shall make such an appointment and notify
the parties within 7 days. If the mediator is unable to
achieve agreement between the parties concerning an
appropriate resolution within 60 days after the Board has
provided the parties the list of mediators, any party may
petition the Board to refer the dispute to an arbitrator.
(2) Upon timely petition of either party, the Board
shall refer the dispute to an arbitrator as provided.
(3) Each of the affected parties (affected covered
TNCs and the exclusive bargaining representative) shall
have an equal say in the selection of the arbitrator and
each of the affected parties shall share equally the cost
of the arbitrator. If the parties are unable to agree upon
the arbitrator within 7 days after the Board notifies the
covered TNCs of the need to appoint an arbitrator, the
Board shall submit to the parties a list of qualified,
disinterested persons for the selection of an arbitrator.
A representative of each of the parties shall alternately
strike from the list one of the names with the order of

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striking determined by lot, until the remaining one person
shall be designated as the arbitrator. Each party shall
select its representative for this purpose as it sees fit.
A party's failure to agree upon the designation of its
representative shall result in the failure of the striking
procedure, but shall not impede the Board's appointment of
the arbitrator upon such failure. The striking process
shall be completed within 5 days after receipt of the
Board's list. The representatives who undertake the
striking shall notify the Board of the designated
arbitrator. If the parties are unable to select the
arbitrator within 5 days following receipt of this list,
the Board shall appoint the arbitrator.
(4) The arbitrator shall hold hearings on all matters
related to the dispute, concerning mandatory subjects of
bargaining, and any other subject agreed to be submitted
by the covered TNCs and the TND organization. The parties
may be heard either in person, by counsel, or by other
representatives, as the parties may respectively
designate. The arbitrator shall determine the order of
presentation by the parties, and shall have discretion and
authority to decide all procedural issues that may be
raised.
(5) The parties may present, either orally or in
writing, or both, statements of fact, supporting witnesses
and other evidence, and argument of their respective

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positions with respect to each case. The arbitrator shall
have authority to require the production of additional
evidence, either oral or written as the arbitrator may
desire from the parties and shall provide at the request
of either party that a full and complete record be kept of
any such hearings, the cost of such record to be borne by
the requesting party. If such a record is created, it
shall be shared with all parties regardless of which party
paid for it.
(6) The arbitrator shall make a just and reasonable
determination of the matters in dispute, set forth in
paragraph (4), and within 90 days after the arbitrator's
appointment shall issue a determination that shall apply
to all covered TNCs and the exclusive bargaining
representative. The time period for the arbitrator's
determination may be extended by the arbitrator upon good
cause shown, or by agreement by the parties. In arriving
at such determination, the arbitrator shall specify the
basis for the arbitrator's findings, taking into
consideration, in addition to any factors recommended by
the parties that the arbitrator finds to be consistent
with this Act, the following:
(i) whether the compensation, benefits, and
conditions of work of the TNDs achieve the policy
goals set forth in Section 2; such compensation and
benefits must take into account the real cost of

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living, and may substantially exceed any statutory
minimum wage, and should be a sufficient amount such
that the TNDs do not need to rely upon any public
benefits;
(ii) whether the most efficient way to provide
benefits is through a portable benefits fund, and, if
so, how to best assess each covered TNC a portion of
the costs of providing those benefits;
(iii) the financial ability of the affected
covered TNCs to pay for the compensation and benefits
in question and the impact on the delivery of services
provided by the covered TNCs;
(iv) the establishment of a reasonable
deactivation appeals process that will allow TNDs a
reasonable expectation of uninterrupted work; and
(v) comparison of particularities in regard to
other trades or professions, including specifically,
hazards of work, physical qualifications, educational
qualifications, mental qualifications, job training,
and skills.
(i) Any sectoral agreement, whether agreed upon between
covered TNCs and the exclusive bargaining representative of
TNDs in the bargaining unit or as determined by an arbitrator,
under this Act shall be reviewed and approved or disapproved
by the Department. In deciding whether to grant approval to
such sectoral agreement, the Department's decision shall be

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based on the factors specified in subsection (c) and in
paragraph (6) of subsection (h), and the policies set forth in
Section 2. Within 60 days after submission of the recommended
sectoral agreement, the Department shall approve or disapprove
the sectoral agreement. Upon approval by the Department, the
terms of the sectoral agreement shall be effective and
enforceable through the provisions of the sectoral agreement
and this Act. If the Department disapproves of the sectoral
agreement, the Department may make recommendations for
amendments to the sectoral agreement that would cause the
Department to approve the sectoral agreement. Any new terms
for the bargaining unit shall be set in accordance with the
procedures set forth in this Section.
(j) The exclusive bargaining representative and the
covered TNCs may mutually agree to recommend changes to an
approved sectoral agreement. Such recommended changes to an
approved sectoral agreement must be submitted to the
Department for approval or disapproval under subsection (i).
Section 13. Compliance with other laws.
(a) Notwithstanding any other law, with respect to
transportation network company services performed by
transportation network drivers for a covered TNC, the
obligations imposed by the Illinois Secure Choice Savings
Program Act, the Minimum Wage Law, the Equal Wage Act, the
Equal Pay Act of 2003, the Illinois Wage Payment and

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Collection Act, the Sales Representative Act, the Prevailing
Wage Act, the Burial Rights Act, the One Day Rest In Seven Act,
the Eight Hour Work Day Act, the School Visitation Rights Act,
the Civil Air Patrol Leave Act, the Employee Blood and Organ
Donation Leave Act, the Employee Medical Contribution Act, the
Military Leave Act, the Family Bereavement Leave Act, the
Employer as Lessee Bond Act, the Child Extended Bereavement
Leave Act, the Family Neonatal Intensive Care Leave Act, the
Employee Benefit Contribution Act, the Personal Service Wage
Refund Act, the Earned Income Tax Credit Information Act, the
Day and Temporary Labor Services Act, the Victims' Economic
Security and Safety Act, the Domestic Workers' Bill of Rights
Act, the Employee Classification Act, the Illinois Fringe
Benefit Portability and Continuity Act, the Employee Sick
Leave Act, the Paid Leave for All Workers Act, the Workers'
Compensation Act, the Workers' Occupational Diseases Act, and
the Unemployment Insurance Act shall be deemed satisfied and
not separately enforceable if the covered TNC is, based on the
totality of facts and circumstances, in good-faith compliance
with this Act or with any sectoral agreement approved under
this Act.
(b) Compliance with this Act or with an approved sectoral
agreement shall not establish or give rise to a presumption of
an employment relationship between a TNC and a TND for any
purpose under State or local law.
(c) With respect to transportation network company

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services performed by a transportation network driver for a
covered transportation network company, the benefits, earnings
provisions, leave, or standards in an approved sectoral
agreement, if any, shall be enforceable exclusively pursuant
to the terms of the sectoral agreement or the provisions of
this Act.
(d) This Section is inoperative 5 years after the
effective date of this Act, unless prior to that date a
sectoral agreement has been approved by the Department under
the Act, in which case this Section shall not be inoperative.
If this Section is inoperative, no claims covered by this
Section shall have their statutes of limitations tolled during
the period this Section is operative.
Section 14. Home rule.
(a) Notwithstanding any other provision of law, the
regulation of transportation network driver labor relations is
an exclusive power and function of the State. A unit of local
government, including a home rule unit, may not regulate
transportation network driver labor relations. This subsection
is a denial and limitation of home rule powers and functions
under subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
(b) Upon approval of a sectoral agreement under this Act,
the regulation of transportation network driver earnings,
benefits, or other conditions of work set forth in subsection

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(c) of Section 12 is an exclusive power and function of the
State. Upon approval of a sectoral agreement under this Act, a
unit of local government, including a home rule unit, may not
regulate transportation network driver earnings, benefits, or
other conditions of work set forth in subsection (c) of
Section 12, and any such existing ordinance, regulation, or
measure shall be preempted by the approved sectoral agreement.
This subsection is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
Section 15. Applicability of other labor standards. Other
than as established in this Act, no arbitrator's determination
or sectoral agreement approved by the Department shall
diminish or erode any minimum labor standard that would
otherwise apply to a TND.
Section 16. Rulemaking.
(a) The Board, the Department, and the Secretary of State
may make such rules as may be appropriate to effectuate the
purposes and provisions of this Act. In order to provide for
the expeditious and timely implementation of the provisions of
this Act, such rules may be adopted by the Board, the
Department, or the Secretary of State as emergency rules under
Section 5-45 of the Illinois Administrative Procedure Act
within 6 months of the effective date of this Act. The adoption

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of those emergency rules shall be considered an emergency and
necessary for the public interest, safety, and welfare.
(b) The Board may apply, in its discretion, applicable
rules adopted under the Illinois Public Labor Relations Act to
the extent those procedures are not inconsistent with the
procedures specified in this Act. To effect that purpose, the
Board may, in its discretion, and to the extent doing so is not
inconsistent with the procedures specified in this Act,
interpret rules adopted under the Illinois Public Labor
Relations Act, referencing "employer" to include a
transportation network company, referencing "employee" to
include a transportation network driver, and referencing a
"labor organization" to include a transportation network
driver organization.
(c) The applicable rules shall establish the obligations
and procedures for the Board and TND organizations to protect
TND data from public disclosure and unauthorized use,
including: (i) minimization of data collected to what is
necessary under this Act; (ii) auditing and compliance
monitoring; (iii) limitations on data use; and (iv) limiting
the disclosure of driver personal identifying information to
the confidential uses necessary to effectuate this Act and not
for the purpose of enforcing federal immigration law or
providing it to an agency that primarily enforces immigration
law, unless the Board is provided with a lawful court order or
judicial warrant signed by a judge appointed pursuant to

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Article III of the United States Constitution, a federal grand
jury or trial subpoena, or as otherwise required by federal
law.
Section 17. Public records. Any record furnished to the
Board, Department, or other State agency by a TNC under this
Act, including, but not limited to, TND records, are exempt
from disclosure under the Freedom of Information Act. The
records are confidential and shall not be disclosed by the
Board or any persons who may be authorized by the Board to
process the records solely for the purposes of this Act.
Section 18. Construction. Nothing in this Act shall be
construed to affect the determination under State law, whether
in statute or common law, of whether and under what
circumstances a transportation network company may be
considered a common carrier.
Section 900. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.71 as follows:
(5 ILCS 100/5-45.71 new)
Sec. 5-45.71. Emergency rulemaking; Transportation Network
Driver Labor Relations Act. To provide for the expeditious and
timely implementation of the Transportation Network Driver
Labor Relations Act, emergency rules implementing the

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Transportation Network Driver Labor Relations Act may be
adopted in accordance with Section 5-45 by the Illinois Labor
Relations Board, or the Department of Labor, or the Secretary
of State. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the
public interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 104th General Assembly.
Section 905. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 104-441 and
104-457)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation

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Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmitted
infection or any information the disclosure of which is
restricted under the Illinois Sexually Transmitted
Infection Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a

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local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and

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Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the

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Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.

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(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day

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and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.

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(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed

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under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act and all automated license plate reader (ALPR)
information used and collected by the Illinois State
Police. "ALPR information" means information gathered by
an ALPR or created from the analysis of data generated by
an ALPR. This subsection (fff) is inoperative on and after
July 1, 2028.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) Information exempt from disclosure under Section
30 of the Insurance Data Security Law.

HB5090 Enrolled - 71 - LRB104 20486 HLH 33958 b
(kkk) Confidential business information prohibited
from disclosure under Section 45 of the Paint Stewardship
Act.
(lll) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) Information prohibited from being disclosed
under subsection (e) of Section 1-129 of the Illinois
Power Agency Act.
(nnn) Materials received by the Department of Commerce
and Economic Opportunity that are confidential under the
Music and Musicians Tax Credit and Jobs Act.
(ooo) Data or information provided pursuant to Section
20 of the Statewide Recycling Needs and Assessment Act.
(ppp) Information that is exempt from disclosure under
Section 28-11 of the Lawful Health Care Activity Act.
(qqq) Information that is exempt from disclosure under
Section 7-101 of the Illinois Human Rights Act.
(rrr) Information prohibited from being disclosed
under Section 4-2 of the Uniform Money Transmission
Modernization Act.
(sss) Information exempt from disclosure under Section
40 of the Student-Athlete Endorsement Rights Act.
(ttt) Audio recordings made under Section 30 of the
Illinois State Police Act, except to the extent authorized
under that Section.
(uuu) Information prohibited from being disclosed

HB5090 Enrolled - 72 - LRB104 20486 HLH 33958 b
under Section 30-5 of the Digital Assets Regulation Act.
(www) Information prohibited or exempt from being
disclosed under the Transportation Network Driver Labor
Relations Act.
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
9-10-25.)
(Text of Section after amendment by P.A. 104-457 but
before 104-441)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical

HB5090 Enrolled - 73 - LRB104 20486 HLH 33958 b
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmitted
infection or any information the disclosure of which is
restricted under the Illinois Sexually Transmitted
Infection Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy

HB5090 Enrolled - 74 - LRB104 20486 HLH 33958 b
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being

HB5090 Enrolled - 75 - LRB104 20486 HLH 33958 b
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Northern
Illinois Transit Authority under Section 2.11 of the
Northern Illinois Transit Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm

HB5090 Enrolled - 76 - LRB104 20486 HLH 33958 b
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services

HB5090 Enrolled - 77 - LRB104 20486 HLH 33958 b
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from

HB5090 Enrolled - 78 - LRB104 20486 HLH 33958 b
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois

HB5090 Enrolled - 79 - LRB104 20486 HLH 33958 b
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.

HB5090 Enrolled - 80 - LRB104 20486 HLH 33958 b
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act and all automated license plate reader (ALPR)
information used and collected by the Illinois State
Police. "ALPR information" means information gathered by
an ALPR or created from the analysis of data generated by
an ALPR. This subsection (fff) is inoperative on and after
July 1, 2028.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) Information exempt from disclosure under Section

HB5090 Enrolled - 81 - LRB104 20486 HLH 33958 b
30 of the Insurance Data Security Law.
(kkk) Confidential business information prohibited
from disclosure under Section 45 of the Paint Stewardship
Act.
(lll) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) Information prohibited from being disclosed
under subsection (e) of Section 1-129 of the Illinois
Power Agency Act.
(nnn) Materials received by the Department of Commerce
and Economic Opportunity that are confidential under the
Music and Musicians Tax Credit and Jobs Act.
(ooo) Data or information provided pursuant to Section
20 of the Statewide Recycling Needs and Assessment Act.
(ppp) Information that is exempt from disclosure under
Section 28-11 of the Lawful Health Care Activity Act.
(qqq) Information that is exempt from disclosure under
Section 7-101 of the Illinois Human Rights Act.
(rrr) Information prohibited from being disclosed
under Section 4-2 of the Uniform Money Transmission
Modernization Act.
(sss) Information exempt from disclosure under Section
40 of the Student-Athlete Endorsement Rights Act.
(ttt) Audio recordings made under Section 30 of the
Illinois State Police Act, except to the extent authorized
under that Section.

HB5090 Enrolled - 82 - LRB104 20486 HLH 33958 b
(uuu) Information prohibited from being disclosed
under Section 30-5 of the Digital Assets Regulation Act.
(www) Information prohibited or exempt from being
disclosed under the Transportation Network Driver Labor
Relations Act.
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
6-1-26; revised 1-7-26.)
(Text of Section after amendment by P.A. 104-441)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical

HB5090 Enrolled - 83 - LRB104 20486 HLH 33958 b
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmitted
infection or any information the disclosure of which is
restricted under the Illinois Sexually Transmitted
Infection Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy

HB5090 Enrolled - 84 - LRB104 20486 HLH 33958 b
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being

HB5090 Enrolled - 85 - LRB104 20486 HLH 33958 b
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Northern
Illinois Transit Authority under Section 2.11 of the
Northern Illinois Transit Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm

HB5090 Enrolled - 86 - LRB104 20486 HLH 33958 b
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services

HB5090 Enrolled - 87 - LRB104 20486 HLH 33958 b
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from

HB5090 Enrolled - 88 - LRB104 20486 HLH 33958 b
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois

HB5090 Enrolled - 89 - LRB104 20486 HLH 33958 b
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.

HB5090 Enrolled - 90 - LRB104 20486 HLH 33958 b
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act and all automated license plate reader (ALPR)
information used and collected by the Illinois State
Police. "ALPR information" means information gathered by
an ALPR or created from the analysis of data generated by
an ALPR. This subsection (fff) is inoperative on and after
July 1, 2028.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) Information exempt from disclosure under Section

HB5090 Enrolled - 91 - LRB104 20486 HLH 33958 b
30 of the Insurance Data Security Law.
(kkk) Confidential business information prohibited
from disclosure under Section 45 of the Paint Stewardship
Act.
(lll) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) Information prohibited from being disclosed
under subsection (e) of Section 1-129 of the Illinois
Power Agency Act.
(nnn) Materials received by the Department of Commerce
and Economic Opportunity that are confidential under the
Music and Musicians Tax Credit and Jobs Act.
(ooo) Data or information provided pursuant to Section
20 of the Statewide Recycling Needs and Assessment Act.
(ppp) Information that is exempt from disclosure under
Section 28-11 of the Lawful Health Care Activity Act.
(qqq) Information that is exempt from disclosure under
Section 7-101 of the Illinois Human Rights Act.
(rrr) Information prohibited from being disclosed
under Section 4-2 of the Uniform Money Transmission
Modernization Act.
(sss) Information exempt from disclosure under Section
40 of the Student-Athlete Endorsement Rights Act.
(ttt) Audio recordings made under Section 30 of the
Illinois State Police Act, except to the extent authorized
under that Section.

HB5090 Enrolled - 92 - LRB104 20486 HLH 33958 b
(uuu) Information prohibited from being disclosed
under Section 30-5 of the Digital Assets Regulation Act.
(vvv) (uuu) Information exempt from disclosure under
Section 70 of the End-of-Life Options for Terminally Ill
Patients Act.
(www) Information prohibited or exempt from being
disclosed under the Transportation Network Driver Labor
Relations Act.
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
Section 908. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
(Text of Section before amendment by P.A. 104-458)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were

HB5090 Enrolled - 93 - LRB104 20486 HLH 33958 b
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.

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(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the

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Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections

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20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as

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defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or wastewater waste water systems with 10,000
connections or less, (6) a holder as defined in Section
21-201 of the Public Utilities Act, and (7) municipalities
owning or operating utility systems consisting of public
utilities as that term is defined in Section 11-117-2 of
the Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce

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and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of

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these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):

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"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining

HB5090 Enrolled - 101 - LRB104 20486 HLH 33958 b
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and
the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)
applies to contracts entered into on or after January 10,
2023 (the effective date of Public Act 102-1116) and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8). This paragraph (22) applies to
contracts entered into on or after June 7, 2023 (the
effective date of the changes made to this Section by
Public Act 103-8) and the renewal of contracts that are in
effect on June 7, 2023 (the effective date of the changes
made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of
Insurance to implement the Illinois Health Benefits
Exchange Law if the Department of Insurance has made a

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good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the
effective date of Public Act 103-103).
(24) Contracts for public education programming,
noncommercial sustaining announcements, public service
announcements, and public awareness and education
messaging with the nonprofit trade associations of the
providers of those services that inform the public on
immediate and ongoing health and safety risks and hazards.
(25) Procurements necessary for the Department of
Early Childhood to implement the Department of Early
Childhood Act if the Department has made a good faith
determination that it is necessary and appropriate for the
expenditure to fall within this exemption. This exemption
shall only be used for products and services procured
solely for use by the Department of Early Childhood. The
procurements may include those necessary to design and
build integrated, operational systems of programs and
services. The procurements may include, but are not
limited to, those necessary to align and update program

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standards, integrate funding systems, design and establish
data and reporting systems, align and update models for
technical assistance and professional development, design
systems to manage grants and ensure compliance, design and
implement management and operational structures, and
establish new means of engaging with families, educators,
providers, and stakeholders. The procurement processes
shall be conducted in a manner substantially in accordance
with the requirements of Article 50 (ethics) and Sections
5-5 (Procurement Policy Board), 5-7 (Commission on Equity
and Inclusion), 20-80 (contract files), 20-120
(subcontractors), 20-155 (paperwork), 20-160
(ethics/campaign contribution prohibitions), 25-60
(prevailing wage), and 25-90 (prohibited and authorized
cybersecurity) of this Code. Beginning January 1, 2025,
the Department of Early Childhood shall provide a
quarterly report to the General Assembly detailing a list
of expenditures and contracts for which the Department
uses this exemption. This paragraph is inoperative on and
after July 1, 2027.
(26) Procurements that are necessary for increasing
the recruitment and retention of State employees,
particularly minority candidates for employment,
including:
(A) procurements related to registration fees for
job fairs and other outreach and recruitment events;

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(B) production of recruitment materials; and
(C) other services related to recruitment and
retention of State employees.
The exemption under this paragraph (26) applies only
if the State agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this paragraph (26). The procurement
process under this paragraph (26) shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request.
Nothing in this paragraph (26) authorizes the replacement
or diminishment of State responsibilities in hiring or the
positions that effectuate that hiring. This paragraph (26)
is inoperative on and after June 30, 2029.
(27) Procurements necessary for the Department of
Healthcare and Family Services to implement changes to the
State's Integrated Eligibility System to ensure the
system's compliance with federal implementation mandates
and deadlines, if the Department of Healthcare and Family
Services has made a good faith determination that it is
necessary and appropriate for the procurement to fall
within this exemption.
(28) Procurements necessary for the Illinois Labor
Relations Board to contract with a neutral body to provide

HB5090 Enrolled - 105 - LRB104 20486 HLH 33958 b
any of the data or information collection, storage,
management, manipulation, analysis, certification, and
election services required under the Transportation
Network Driver Labor Relations Act, and to contract for
court reporting services, required under the
Transportation Network Driver Labor Relations Act or the
Illinois Public Labor Relations Act, where the Illinois
Labor Relations Board determines in good faith such
services are necessary to carry out its statutory duties.
The procurement process shall be conducted in a manner
substantially in accordance with the requirements of
Sections 20-160 and Article 50 of this Code. A copy of any
contract entered into under this paragraph shall be made
available to the Chief Procurement Officer upon request.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the

HB5090 Enrolled - 106 - LRB104 20486 HLH 33958 b
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or

HB5090 Enrolled - 107 - LRB104 20486 HLH 33958 b
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the

HB5090 Enrolled - 108 - LRB104 20486 HLH 33958 b
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
eff. 6-16-25; 104-417, eff. 8-15-25)
(Text of Section after amendment by P.A. 104-458)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political

HB5090 Enrolled - 109 - LRB104 20486 HLH 33958 b
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other

HB5090 Enrolled - 110 - LRB104 20486 HLH 33958 b
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be

HB5090 Enrolled - 111 - LRB104 20486 HLH 33958 b
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that

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requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or wastewater waste water systems with 10,000
connections or less, (6) a holder as defined in Section
21-201 of the Public Utilities Act, and (7) municipalities
owning or operating utility systems consisting of public
utilities as that term is defined in Section 11-117-2 of
the Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the

HB5090 Enrolled - 113 - LRB104 20486 HLH 33958 b
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (9) of this subsection shall be

HB5090 Enrolled - 114 - LRB104 20486 HLH 33958 b
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for

HB5090 Enrolled - 115 - LRB104 20486 HLH 33958 b
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party

HB5090 Enrolled - 116 - LRB104 20486 HLH 33958 b
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act, a facilitator,
expert, or consultant pursuant to Sections 16-126.2 and
16-202 of the Public Utilities Act, a procurement monitor
pursuant to Section 16-111.5 of the Public Utilities Act,
an ombudsperson pursuant to Section 20-145 of the Public
Utilities Act, or consultants and experts pursuant to
Section 5-15 of the Utility Data Access Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and
the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)

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applies to contracts entered into on or after January 10,
2023 (the effective date of Public Act 102-1116) and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8). This paragraph (22) applies to
contracts entered into on or after June 7, 2023 (the
effective date of the changes made to this Section by
Public Act 103-8) and the renewal of contracts that are in
effect on June 7, 2023 (the effective date of the changes
made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of
Insurance to implement the Illinois Health Benefits
Exchange Law if the Department of Insurance has made a
good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the

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effective date of Public Act 103-103).
(24) Contracts for public education programming,
noncommercial sustaining announcements, public service
announcements, and public awareness and education
messaging with the nonprofit trade associations of the
providers of those services that inform the public on
immediate and ongoing health and safety risks and hazards.
(25) Procurements necessary for the Department of
Early Childhood to implement the Department of Early
Childhood Act if the Department has made a good faith
determination that it is necessary and appropriate for the
expenditure to fall within this exemption. This exemption
shall only be used for products and services procured
solely for use by the Department of Early Childhood. The
procurements may include those necessary to design and
build integrated, operational systems of programs and
services. The procurements may include, but are not
limited to, those necessary to align and update program
standards, integrate funding systems, design and establish
data and reporting systems, align and update models for
technical assistance and professional development, design
systems to manage grants and ensure compliance, design and
implement management and operational structures, and
establish new means of engaging with families, educators,
providers, and stakeholders. The procurement processes
shall be conducted in a manner substantially in accordance

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with the requirements of Article 50 (ethics) and Sections
5-5 (Procurement Policy Board), 5-7 (Commission on Equity
and Inclusion), 20-80 (contract files), 20-120
(subcontractors), 20-155 (paperwork), 20-160
(ethics/campaign contribution prohibitions), 25-60
(prevailing wage), and 25-90 (prohibited and authorized
cybersecurity) of this Code. Beginning January 1, 2025,
the Department of Early Childhood shall provide a
quarterly report to the General Assembly detailing a list
of expenditures and contracts for which the Department
uses this exemption. This paragraph is inoperative on and
after July 1, 2027.
(26) Procurements that are necessary for increasing
the recruitment and retention of State employees,
particularly minority candidates for employment,
including:
(A) procurements related to registration fees for
job fairs and other outreach and recruitment events;
(B) production of recruitment materials; and
(C) other services related to recruitment and
retention of State employees.
The exemption under this paragraph (26) applies only
if the State agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this paragraph (26). The procurement
process under this paragraph (26) shall be conducted in a

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manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request.
Nothing in this paragraph (26) authorizes the replacement
or diminishment of State responsibilities in hiring or the
positions that effectuate that hiring. This paragraph (26)
is inoperative on and after June 30, 2029.
(27) Procurements necessary for the Department of
Healthcare and Family Services to implement changes to the
State's Integrated Eligibility System to ensure the
system's compliance with federal implementation mandates
and deadlines, if the Department of Healthcare and Family
Services has made a good faith determination that it is
necessary and appropriate for the procurement to fall
within this exemption.
(28) Procurements necessary for the Illinois Labor
Relations Board to contract with a neutral body to provide
any of the data or information collection, storage,
management, manipulation, analysis, certification, and
election services required under the Transportation
Network Driver Labor Relations Act, and to contract for
court reporting services, required under the
Transportation Network Driver Labor Relations Act or the
Illinois Public Labor Relations Act, where the Illinois
Labor Relations Board determines in good faith such

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services are necessary to carry out its statutory duties.
The procurement process shall be conducted in a manner
substantially in accordance with the requirements of
Sections 20-160 and Article 50 of this Code. A copy of any
contract entered into under this paragraph shall be made
available to the Chief Procurement Officer upon request.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.
(d) Except for Section 20-160 and Article 50 of this Code,

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and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the

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Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;
revised 1-12-26.)

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Section 910. The Labor Dispute Act is amended by changing
Section 1.3 as follows:
(820 ILCS 5/1.3)
Sec. 1.3. Definitions. As used in Section 1.2 through 1.5:
"Employee" means any individual permitted to work by an
employer in an occupation. For the purpose of Sections 1.2
through 1.5, "employee" includes any transportation network
driver, as that term is defined in the Transportation Network
Driver Labor Relations Act.
"Employer" means any individual, partnership, association,
corporation, business trust, governmental or
quasi-governmental body, or any person or group of persons
that employs any person to work, labor, or exercise skill in
connection with the operation of any business, industry,
vocation, or occupation. For the purpose of Sections 1.2
through 1.5, "employer" includes any transportation network
company, as defined in the Transportation Network Driver Labor
Relations Act, with respect to its engagement or contracting
of transportation network drivers. With respect to
transportation network drivers and transportation network
companies, "employment" includes the engagement or contracting
of a transportation network driver by a transportation network
company to provide transportation network company services, as
those terms are defined in the Transportation Network Driver

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Labor Relations Act.
"Picketing" means the stationing of a person for an
organization to apprise the public by signs or other means of
the existence of a dispute pursuant to the National Labor
Relations Act, 29 U.S.C. 151 et seq., and the Labor Management
Relations Act, 29 U.S.C. 141 et seq., and the Transportation
Network Driver Labor Relations Act.
"Dispute" includes any controversy concerning terms or
conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of
employment or other protest, regardless of whether or not the
disputants stand in the proximate relationship of employer and
employee.
"Public right of way" means that portion of the highway or
street adjacent to the roadway for accommodating stopped
vehicles or for emergency use; or that portion of a street
between the curb lines, or the lateral lines of a roadway, and
the adjacent property lines.
"Temporary sign" means a sign or other display or device
that is not permanently affixed and is capable of being
removed at the end of each day or shift.
"Temporary shelter" means a tent or shelter that is not
permanently affixed and is capable of being removed at the end
of each day or shift, not to exceed 300 square feet in size.
(Source: P.A. 94-321, eff. 1-1-06.)

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Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 997. Severability. The provisions of this Act
shall be severable as provided in Section 1.31 of the Statute
on Statutes; notwithstanding that, if the definition of the
"transportation network driver" is held to be preempted by the
National Labor Relations Act, 29 U.S.C. 141 et seq., by a court
of competent jurisdiction and such determination is not
reversed after exhaustion of all appeals, no provision of this
Act shall be deemed valid or given force of law.
Section 999. Effective date. This Act takes effect upon
becoming law.