SB3680 104TH GENERAL ASSEMBLY

LRB104 20106 SPS 33557 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3680

Introduced 2/5/2026, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 140/7.5

Creates the Transportation Network Drivers 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; and (iii) is used to provide transportation network company services. Provides that transportation network drivers have the right of self-organization, to form, join, or assist transportation network driver organizations, and to bargain collectively. Sets forth provisions concerning unfair labor 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; and rulemaking. Amends the Freedom of Information Act to make a conforming change.

A BILL FOR

AN ACT concerning employment.

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 Drivers Labor Relations Act.

Section 2. Policy.

(a) Technological advancement has generated new digital marketplaces in the transportation sector, in which companies connect, through electronic media, customers seeking passenger transportation services to persons willing to supply that transportation service. These persons often suffer poor pay, inadequate health coverage, safety risks, and irregular or inadequate working hours.

(b) It is the public policy of this State to displace competition with regulation of the terms and conditions of work for transportation network company drivers set forth in this Act and, consistent with this policy, to exempt from federal and State antitrust laws, the formation of transportation network driver organizations and to grant transportation network drivers full freedom of association, self-organization, and designation of representatives of their own choosing to negotiate their compensation, benefits, and other terms and conditions of work.

(c) It is the purpose of this Act to regulate labor relations between transportation network companies and transportation network drivers, including the designation of driver representatives, negotiation of compensation, benefits, and other terms and conditions of work, and resolution of disputes arising under collective bargaining agreements.

(d) It is the purpose of this Act to prescribe the legitimate rights of both transportation network company drivers and transportation network companies, to protect the public health and safety of the citizens of Illinois, and to provide peaceful and orderly procedures for protection of the rights of all.

Section 3. Definitions. As used in this Act, unless the context otherwise requires:

"Active transportation network company driver" or "active TNC driver" means a TNC driver who has completed at least the minimum number of rides determined by the Board under Section 16 during the past 6 months that originated in this State with a TNC's platform.

"Bargain collectively" means the performance of the mutual obligation of the TNC or its designated representative and the representative of the TNC drivers to meet at reasonable times, including meetings in advance of the budget-making process, and to negotiate in good faith with respect to compensation, benefits, and other terms and conditions of work not excluded by Section 4, or the negotiation of an agreement, or any question arising thereunder and the execution of a written contract incorporating any agreement reached if requested by either party, but the obligation does not compel either party to agree to a proposal or require the making of a concession.

"Board" means the Illinois Labor Relations Board or its Local Panel.

"Collective bargaining" means bargaining over compensation, benefits, and other terms and conditions of work.

"Company union" means any committee, TNC 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 TNC drivers, which: (1) a TNC has initiated or created or whose initiation or creation it has suggested, participated in or in the formulation of whose governing rules or policies or the conducting of whose management, operations or elections the TNC participates in or supervises; or (2) which the TNC maintains, finances, controls, dominates, or assists in maintaining or financing unless required to do so by this Act or any rules implementing this Act, whether by compensating anyone for services performed in its behalf or by donating free services, equipment, materials, office or meeting space, or anything else of value, or by any other means. For the purposes of this definition, a TNC driver organization shall not be deemed a company union only because it has negotiated or been granted the right to designate workers to be released with pay for the purpose of providing representational services in labor-management affairs on behalf of workers represented by the TNC driver organization, or where, in the course of providing representational services to workers for whom it is the exclusive bargaining representative, a TNC allows agents of the TNC driver organization to meet with workers at the TNC's premises.

"Exclusive bargaining representative" means a TNC driver organization certified by the Board, in accordance with this Act, as the representative of TNC drivers in a bargaining unit.

"Lockout" means a refusal by a TNC to permit a TNC driver normal access to the TNC's means of connecting TNC drivers to individuals seeking transportation service as a result of a dispute with the workers or a TNC driver organization representing the workers that affects compensation, benefits, and other terms and conditions of work, provided that a lockout shall not include a termination of engagement of a worker for good cause that does not involve the worker exercising any rights guaranteed by this Act.

"Transportation network company" or "TNC" means an entity operating in this State that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. For the purposes of this definition, a TNC is not deemed to own, control, operate, or manage the vehicles used by TNC drivers, and is not a taxicab association or a for-hire vehicle owner.

"Transportation network company driver" or "TNC driver" means an individual who operates a motor vehicle that is:

(1) owned, leased, or otherwise authorized for use by the individual;

(2) not a taxicab or for-hire public passenger vehicle; and

(3) used to provide transportation network company services.

"Transportation network company driver" or "TNC driver" does not include any individual, who, with respect to the provision of services through a TNC's online-enabled application or platform, is determined by a final order of a court of competent jurisdiction or the National Labor Relations Board, or declared by a TNC to be a person who is an employee within the meaning of 29 U.S.C. 152(3) or within the meaning 26 CFR 31.3121(d)-1 or 31.3401(c)-1.

"Transportation network company driver organization" or "TNC driver organization" means any organization in which TNC drivers participate and that exists for the purpose, in whole or in part, of dealing with a TNC concerning compensation, benefits, and other terms and conditions of work, including the settlement of grievances.

Section 4. Management rights. TNCs shall not be required to bargain over matters of inherent managerial policy, which shall include the areas of discretion or policy as the functions of the TNC, standards of services, its overall budget, and the selection of new TNC drivers and direction of TNC drivers. TNCs shall be required to bargain collectively with regard to policy matters directly affecting compensation, benefits, and other terms and conditions of work as well as the impact thereon upon request by exclusive bargaining representatives.

Section 5. Illinois Labor Relations Board; Local Panel. The Local Panel of the Illinois Labor Relations Board shall have jurisdiction over collective bargaining matters between TNCs, TNC driver organizations, and TNC drivers. In making its report under subsection (e) of Section 5 of the Illinois Public Labor Relations Act, the Local Panel shall report data for public employees and TNC drivers both separately and in the aggregate.

Section 6. Right to organize and bargain collectively; exclusive representation.

(a) TNC drivers shall have the right of self-organization, to form, join, or assist TNC driver organizations, to bargain collectively through representatives of their own 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 in this Act shall be interpreted to prohibit TNC drivers 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 section.

(b) Nothing in this Act prevents a TNC driver from presenting a grievance to the TNC and having the grievance heard and settled without the intervention of a TNC organization; provided that any settlement made shall not be inconsistent with the terms of any collective bargaining agreement in effect between the TNC and the exclusive bargaining representative.

Section 7. Driver information.

(a) Upon request by the Board, and at the completion of each calendar quarter thereafter, each TNC shall provide the Board with information that identifies all TNC drivers who completed 5 or more rides that originated in this State on the TNC's platform in the previous 6 months. Each TNC shall provide this information within 2 weeks after the end of each calendar quarter (March 31, June 30, September 30, and December 31). The information shall include only the name, driver's license number, most recent email address, mailing address, and phone number of the TNC driver and the number of rides the TNC driver completed through the TNC's platform in the previous 6 months.

(b) At the time the TNC provides the list, it shall also provide it to the exclusive bargaining representative, if any.

(c) Any record furnished to the Board or other state agency by a TNC under this Act, including, but not limited to, TNC driver records, shall not be considered a public record as defined in Section 2(c) of the Freedom of Information Act. The records are confidential and shall not be disclosed by the Board or by any persons who may be authorized by the Board to control or process them solely for purposes of this Act. The records shall not be disclosed for the purpose of enforcing federal immigration law or provided to an agency that primarily enforces immigration law.

Section 8. Elections; recognition.

(a) For purposes of this Act, each TNC driver shall be included in a company-wide bargaining unit of all TNC drivers working for the same TNC.

(b) Upon the request of a TNC driver organization, the Board shall make a determination that the organization has been designated as bargaining representative by at least 5% of active TNC drivers in the bargaining unit.

(c) Once the Board determines that the TNC driver organization has been designated as the bargaining representative of at least 5% of active TNC drivers in the bargaining unit, the Board shall:

(1) require each TNC to send a notice, in a form determined by the Board, that the TNC driver organization is seeking to represent TNC drivers for the purpose of initiating a bargaining process in order to establish terms and conditions of work; and

(2) provide the TNC driver organization with a complete list of names, phone numbers, mailing address, and email address for all active TNC drivers in the bargaining unit.

The Board will provide the TNC driver organization with an updated list each quarter for the next year.

For 6 months from the date of the Board's determination that a TNC driver organization has met the 5% threshold in a bargaining unit, no other TNC driver organization may be certified as the exclusive bargaining representative of those workers without an election.

(d) A TNC driver organization that provides evidence to the Board that it has been designated as bargaining representative by 30% of active drivers in the bargaining unit shall be certified as the exclusive bargaining representative of all TNC driver in the bargaining unit. If a TNC driver organization that has been designated as the bargaining representative of at least 5% of active TNC drivers in the bargaining unit may petition the Board to conduct an election. The election shall be conducted as expeditiously as possible, and if the TNC driver organization receives a majority of valid votes cast, it shall be certified as the exclusive bargaining representative.

(e) If a TNC driver organization seeking certification as the exclusive bargaining representative provides evidence that shows that less than a majority of active TNC drivers have designated the TNC driver organization as their bargaining representative, the Board shall wait 7 days before certifying the TNC driver organization as exclusive bargaining representative. If, during those 7 days, another TNC driver organization provides evidence that at least 30% of active TNC drivers in the bargaining unit have designated it as their bargaining representative, or a TNC driver provides evidence that at least 30% of active TNC drivers in the bargaining unit do not wish to be represented by any TNC driver organization, then the Board shall hold an election among all active TNC drivers in the bargaining unit. The election shall be conducted as expeditiously as possible. A TNC driver organization receiving a majority of the valid votes cast shall be certified as the exclusive bargaining representative of all TNC drivers in the bargaining unit. When two or more TNC driver organizations are on the ballot and none of the choices (the TNC driver organizations or "no worker organization") receives a majority of the valid votes cast, there shall be a run-off election between the two choices receiving the largest and second largest number of votes. A TNC driver organization receiving a majority of the valid votes cast in the run-off shall be certified as the exclusive bargaining representative of all TNC drivers in the bargaining unit, and it shall owe a duty to fairly represent all the workers. If a majority of the valid votes cast are for "no worker organization", then the Board will not certify any worker organization as the exclusive bargaining representative. For purposes of this subsection, the operative list of active TNC driver shall be based on the most recent quarterly list provided by the TNCs in accordance with Section 7.

Section 9. Dues.

(a) A TNC driver organization that has been certified as the exclusive bargaining representative with respect to the bargaining unit shall have a right to voluntary membership dues deduction upon presentation of dues deduction authorization cards signed by individual TNC drivers, which may be in electronic form. A TNC shall commence making the deductions as soon as practicable, but no later than 30 days after receiving proof of a signed dues deduction authorization card, and the dues shall be submitted to the TNC driver organization within 30 days after the deduction. The right to the membership dues deduction shall remain in full force and effect until an individual revokes membership in the TNC organization in writing in accordance with the terms of the signed authorization. The right to the membership dues deduction shall remain in full force and effect until an individual revokes membership in the TNC driver organization in writing in accordance with the terms of the signed authorization.

(b) If a collective bargaining agreement is terminated, or continues in effect beyond its scheduled expiration date pending the negotiation of a successor agreement or the resolution of an impasse, the TNC shall continue to honor and abide by any dues deduction clause until a new agreement is reached, including dues deduction. For the benefit of any successor exclusive bargaining representative certified under this Act, this provision shall be applicable, provided the successor exclusive bargaining representative presents the TNC with TNC driver written authorizations for the deduction of dues, assessments, and fees under this subsection.

(c) Upon receipt by the exclusive bargaining representative of an appropriate written authorization from a TNC driver, written notice of authorization shall be provided to the TNC and any authorized deductions shall be made in accordance with law. The TNC driver organization shall indemnify the TNC for any damages and reasonable costs incurred for any claims made by TNC drivers for deductions made in good faith reliance on its notification.

(d) The Board shall have exclusive jurisdiction over claims under State law that allege that a TNC driver organization has unlawfully collected dues from a TNC driver in violation of this Act. The Board shall by rule require that in cases in which a TNC driver alleges that a TNC driver organization has unlawfully collected dues, the TNC shall continue to deduct the TNC driver's dues from the TNC driver's pay, but shall transmit the dues to the Board for deposit in an escrow account maintained by the Board. If the exclusive bargaining representative maintains an escrow account for the purpose of holding dues to which an TNC driver has objected, the TNC shall transmit the entire amount of dues to the exclusive bargaining representative, and the exclusive bargaining representative shall hold in escrow the dues that the TNC would otherwise have been required to transmit to the Board for escrow; provided that the escrow account maintained by the exclusive bargaining representative complies with rules adopted by the Board or that the collective bargaining agreement requiring the payment of the dues contains an indemnification provision for the purpose of indemnifying the TNC with respect to the TNC's transmission of dues to the exclusive bargaining representative.

Section 10. Bargaining.

(a) A TNC and the exclusive bargaining representative have the authority and the duty to bargain collectively.

(b) The duty to bargain collectively shall include an obligation to negotiate over any matter with respect to compensation, benefits, and other terms and conditions of work, including criteria for deactivating a TNC driver. If any other law pertains, in part, to a matter affecting compensation, benefits, and other terms and conditions of work, the other law shall not be construed as limiting the duty to bargain collectively and to enter into collective bargaining agreements containing clauses which either supplement, implement, or relate to the effect of the provisions in other laws. The duty to bargain collectively shall also include negotiations as to the terms of a collective bargaining agreement.

(c) Notwithstanding any other provision of this Section, whenever collective bargaining is for the purpose of establishing an initial agreement following original certification of an exclusive bargaining agreement, the following apply:

(1) Not later than 10 days after receiving a written request for collective bargaining from a TNC driver organization that has been newly certified as an exclusive bargaining representative, or within a further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

(2) If any time after the expiration of the 90-day period beginning on the date on which bargaining is commenced the parties have failed to reach an agreement, either party may notify the Board of the existence of a dispute and request mediation in accordance with the provisions of Section 14.

(d) After a TNC and exclusive bargaining representative have negotiated an agreement, it shall be submitted by the TNC driver organization to a vote by all active TNC drivers in the bargaining unit. If approved by a majority of TNC drivers who vote, the negotiated recommendations shall be submitted to the Director of Labor for approval. If a majority of valid votes cast by the TNC drivers are not in favor of the negotiated recommendations, the TNC driver organization and the TNCs will resume bargaining.

(e) The duty to bargain collectively shall also mean that no party to a collective bargaining contract shall terminate or modify the contract, unless the party desiring the termination or modification:

(1) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or if the contract contains no expiration date, 60 days prior to the time it is proposed to make the termination or modification;

(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;

(3) notifies the Board within 30 days after the notice of the existence of a dispute, provided no agreement has been reached by that time; and

(4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after the notice is given to the other party or until the expiration date of the contract, whichever occurs later.

The duties imposed under paragraphs (2), (3) and (4) shall become inapplicable upon an intervening certification of the Board, under which the TNC driver organization, which is a party to the contract, has been superseded as or ceased to be the exclusive bargaining representative of the TNC drivers, and the duties so imposed shall not be construed as requiring either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if the modification is to become effective before the terms and conditions can be reopened under the provisions of the contract.

Section 11. Grievance procedure.

(a) The collective bargaining agreement negotiated between the TNC and the exclusive bargaining representative shall contain a grievance resolution procedure which shall apply to all TNC drivers in the bargaining unit and shall provide for final and binding arbitration of disputes concerning the administration or interpretation of the agreement unless mutually agreed otherwise. Any grievance procedure shall include a procedure for resolving claims alleging unjust deactivation. The grievance and arbitration provisions of any collective bargaining agreement shall be subject to the Uniform Arbitration Act. The costs of the arbitration shall be borne equally by the TNC and the TNC driver organization.

(b) Exclusive bargaining representatives under this Act are responsible for representing the interests of all TNC drivers in the unit. Nothing in this Section shall be construed to limit an exclusive bargaining representative's right to exercise its discretion to refuse to process grievances of TNC drivers that are unmeritorious.

Section 12. Unfair labor practices.

(a) It shall be an unfair labor practice for a TNC to:

(1) interfere with, restrain, or coerce TNC drivers in the exercise of the rights guaranteed in this Act;

(2) fail or refuse to provide the Board or a TNC driver organization with an accurate list of the names, trips made, and contact information for TNCs, where required by this Act;

(3) fail or refuse to provide an exclusive bargaining representative with relevant information requested for the performance of its duties as the TNC drivers' exclusive bargaining representative;

(3) refuse to negotiate in good faith with an exclusive bargaining representative of TNC drivers engaged with the TNC concerning compensation, benefits, and other terms and conditions of work;

(4) lockout TNC drivers;

(5) spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of TNC drivers, those workers' representatives, or any other person, or any activities of the workers or those workers' representatives in the exercise of the rights guaranteed by this Act;

(6) dominate or interfere with the formation, existence, or administration of any TNC driver organization, or to contribute financial or other support to an organization, directly or indirectly, unless required to by this Act or any rules implementing this Act, including, but not limited to, the following:

(A) by participating or assisting in, supervising, or controlling (i) the initiation or creation of an organization or (ii) the meetings, management, operation, elections, formulation or amendment of constitution, rules, or policies of an organization;

(B) by offering incentives to TNC drivers to join an organization; or

(C) by donating free services, equipment, materials, office or meeting space or anything else of value for the use of an organization; provided that a TNC shall not be prohibited from permitting workers to be released with pay for the purpose of providing representational services in labor-management affairs on behalf of workers represented by the TNC driver organization or allowing agents of the TNC driver organization to meet with workers at the TNC's premises.

(7) require a TNC driver to join any company union or TNC driver organization or to require a TNC driver to refrain from forming, or joining or assisting a TNC driver organization of their own choosing;

(8) encourage membership in any company union or discourage membership in any TNC driver organization, by discrimination in regard to hire, tenure, or in any term or condition of work;

(9) discharge or otherwise discriminate against a TNC driver because they have signed or filed any 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 TNC driver organization, or to inform any person of the exercise by any individual of the right, or of the membership of any individual in a TNC driver organization for the purpose of preventing individuals so blacklisted or so named from obtaining or retaining opportunities for remuneration;

(11) refuse to reduce a collective bargaining agreement to writing or to refuse to sign the agreement;

(12) violate any of the rules adopted by the Board with jurisdiction over them relating to the conduct of representation elections or the conduct affecting the representation elections;

(13) promise, threaten, or take any action to (i) permanently replace an TNC driver who participates in a lawful strike as provided under Section 20; (ii) discriminate against an TNC driver who is working or has unconditionally offered to return to work for the TNC because the TNC driver supported or participated in a lawful strike; or (iii) lock out, suspend, or otherwise withhold work from TNC drivers in order to influence the position of the TNC drivers or the representative of the TNC drivers in collective bargaining prior to a lawful strike; or

(14) fail to comply with the provisions of Section 9 regarding TNC driver organization dues.

(b) It shall be an unfair labor practice for a TNC driver organization to:

(1) refuse to collectively bargain in good faith with a TNC, provided it is the exclusive bargaining representative of the TNC's drivers;

(2) fail or refuse to provide information requested by a TNC that is relevant to the bargaining process;

(3) restrain or coerce TNC drivers in the exercise of the rights guaranteed by this Act; provided that this paragraph shall not impair the right of a TNC driver organization to prescribe its own rules with respect to the acquisition or retention of membership in the organization;

(4) fail to fulfill its duty of fair representation toward TNC drivers where it is the exclusive bargaining representative by acts or omissions that are arbitrary, discriminatory, or in bad faith;

(5) restrain or coerce a TNC in the selection of its representatives for the purpose of bargaining or the adjustment of grievances;

(6) violate any of the rules adopted by the Boards with jurisdiction over them relating to the conduct of representation elections or the conduct affecting the representation elections;

(7) discriminate against a TNC driver because they have signed or filed any affidavit, petition or complaint or given any information or testimony under this Act;

(8) refuse to reduce a collective bargaining agreement to writing or to refuse to sign the agreement; or

(9) fail to comply with the provisions of Section 9 regarding TNC driver organization dues.

(c) The expressing of any views, argument, or opinion or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act, if the expression contains no threat of reprisal or force or promise of benefit.

(d) To prevent unfair labor practices, each TNC shall, at least once each year, send a text message and an email to each of its active TNC drivers in a form determined by the Board notifying the TNC drivers of their rights under this Act, and the procedure for filing an unfair labor 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.

(e) Nothing in this Act shall make it unlawful or an unfair labor practice for TNC drivers to strike.

Section 13. Unfair labor practice procedures.

(a) Whenever it is charged that any person has engaged in or is engaging in any unfair labor 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 a complaint stating the charges, accompanied by a notice of hearing before the Board or a member thereof 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 serving of the complaint provided that no complaint shall issue based upon any unfair labor practice occurring more than 6 months prior to the filing of a charge with the Board and the service of a copy thereof upon the person against whom the charge is made, unless the person aggrieved thereby did not reasonably have knowledge of the alleged unfair labor practice or was prevented from filing the a charge by reason of service in the armed forces, in which event the 6 month period shall be computed from the date of his discharge. Any complaint may be amended by the member or hearing officer conducting the hearing for the Board in their 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 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 or 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.

(b) 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.

(c) Any testimony taken by the Board, or a member designated by the Board or a hearing officer thereof, 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. 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 labor practice, then it shall state its findings of fact and shall issue and cause to be served upon the person an order requiring them to cease and desist from the unfair labor practice, and to take the affirmative action, including reinstatement of TNC drivers with or without back pay, as will effectuate the policies of this Act. If the Board awards back pay, 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 they have 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 labor practice, then the Board shall state its findings of fact and shall issue an order dismissing the complaint. The Board's order may in its discretion also include an appropriate sanction, based on the 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.

(d) Until the record in a case has been filed in court, the Board at any time, upon reasonable notice and in the manner as it deems proper, may modify or set aside, in whole or in part, any finding or order made or issued by it.

(e) 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, as now or hereafter amended, except that judicial 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. 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 may obtain an order of the court for the enforcement of its order.

(f) 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, his 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 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.

(g) The proceedings set forth in paragraph (f) shall be commenced in the Appellate Court for the district where the unfair labor 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.

(h) The Board, through the Attorney General, shall have power, upon issuance of an unfair labor practice complaint alleging that a person has engaged in or is engaging in an unfair labor practice, to petition the circuit court where the alleged unfair labor practice which is the subject of the Board's complaint was allegedly committed, or where a person required to cease and desist from the alleged unfair labor practice resides or transacts business, for appropriate temporary relief or restraining order. Upon the filing of any petition, the court shall cause notice thereof to be served upon the persons, and thereupon shall have jurisdiction to grant to the Board the temporary relief or restraining order as it deems just and proper.

(i) If an unfair labor practice charge involves the interpretation or application of a collective bargaining agreement and the agreement contains a grievance procedure with binding arbitration as its terminal step, the Board may defer the resolution of the dispute to the grievance and arbitration procedure contained in the agreement.

(j) To effectuate this Act's policy, the Board shall establish goals to:(i) ensure effective enforcement of this Act through timely and quality consideration and resolution of unfair labor practices with appropriate remedies; and (ii) protect TNC driver free choice with timely and effective mechanisms to resolve questions concerning representation. To measure and report on its success in achieving these goals, the Board shall also establish the following timeliness goals for the processing of unfair labor practice charges:

(1) Complete the investigation and issue a complaint, dismissal, or deferral within 100 days after the charges being filed. If the dismissal or deferral is appealed to the Board, issue Board decisions within 90 days after the completion of the Board's process for filing appeals.

(2) Upon the issuance of complaints for hearing (i) schedule hearings to begin within 60 days after a complaint's issuance; (ii) issue recommended decisions and orders within 120 days after the close of the record; and (iii) if exceptions to recommended decisions and orders are filed, issue Board decisions within 90 days after the completion of the Board's process for filing exceptions.

Section 14. Mediation.

(a) The services of the Public Employees Mediation Roster established under Section 12 of the Illinois Public Labor Relations Act shall be available to TNCs and to TNC driver organizations upon request of the parties for the purposes of mediation of grievances or contract disputes. Upon the request of either party, services of the Public Employees Mediation Roster shall be available for purposes of arbitrating disputes over interpretation or application of the terms of an agreement. The members of the Roster shall be appointed by majority vote of the members of both panels. Members shall be impartial, competent, and reputable citizens of the United States, residents of this State, and shall qualify by taking and subscribing to the constitutional oath or affirmation of office. The function of the mediator shall be to communicate with the TNC and exclusive bargaining representative or their representatives and to endeavor to bring about an amicable and voluntary settlement. Compensation of Roster members for services performed as mediators shall be paid equally by the parties to a mediated labor dispute. The Board shall have authority, but not the obligation, to adopt rules setting compensation levels for members of the Roster, and establishing procedures for suspension or dismissal of mediators for good cause shown following hearing.

(b) A mediator in a mediated labor dispute shall be selected by the Board from among the members of the Roster.

(c) Nothing in this Act or any other law prohibits the use of other mediators selected by the parties for the resolution of disputes over interpretation or application of the terms or conditions of the collective bargaining agreements between a TNC and a TNC driver organization.

Section 15. Prohibitions. Nothing in this Act shall be construed to: (i) require an individual TNC driver to render labor or service without his consent or make the quitting of his labor by an individual TNC driver an illegal act; or (ii) require any court to issue any process to compel the performance by an individual TNC driver of the labor or service without his consent.

The quitting of labor by an TNC driver or TNC drivers in good faith because of abnormally dangerous conditions for work at the place of employment of the TNC driver be deemed a strike under this Act.

Section 16. Rules. The Board shall adopt rules and as may be appropriate to effectuate the purposes and provisions of this Act. The rules shall:

(1) establish the obligations and procedures for the Board and TNC driver organizations to protect TNC driver data from public disclosure and unauthorized use, including:

(A) minimization of data collected to what is necessary under this Act;

(B) encryption standards adhering to recognized security protocols;

(C) access controls to ensure that only authorized persons can view or process driver data;

(D) data retention policy;

(E) auditing and compliance monitoring;

(F) data breach protocol;

(G) driver notification of data sharing;

(H) driver consent and driver opt-out of data sharing;

(I) limitations on data use; and

(J) 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 provided 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 Article III of the United States Constitution, a federal grand jury or trial subpoena, or as otherwise required by federal law;

(2) establish procedures for verifying TNC driver organization representation evidence;

(3) establish the specific subjects of bargaining under terms and conditions of work;

(4) establish election procedures for exclusive bargaining representations; specify how and when TNCs must share driver data with TNC driver organizations while protecting drivers' privacy and complying with data security laws;

(5) establish complaint and grievance processes;

(6) establish mediation and arbitration rules; and

(7) establish standards and procedures for Board oversight of bargaining agreements.

Section 17. Multi-year bargaining agreements. Transportation network companies and exclusive bargaining representatives may negotiate multi-year collective bargaining agreements in accordance with the provisions of this Act.

Section 18. Relation to other laws. The provisions of the Labor Dispute Act apply to this Act.

Section 19. Minimum labor standards. No agreement or determination made in accordance with this Act shall diminish any minimum labor standard that would otherwise apply to a TNC driver.

Section 90. 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 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 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 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 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.

(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 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.

(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 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.

(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 under Section 30-5 of the Digital Assets Regulation Act.

(vvv) Information prohibited or exempt from being disclosed under the Transportation Network Drivers 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 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 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 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 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 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 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 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.

(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 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.

(uuu) Information prohibited from being disclosed under Section 30-5 of the Digital Assets Regulation Act.

(vvv) Information prohibited or exempt from being disclosed under the Transportation Network Drivers 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 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 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 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 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 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 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 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.

(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 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.

(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 Drivers 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 95. 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 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.