TRANSPORT NETWORK LABOR

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2906

Introduced 1/27/2026, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 100/5-45.71 new
5 ILCS 140/7.5
820 ILCS 5/1.3

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. Sets forth provisions
concerning unfair work practices; 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.
LRB104 18506 SPS 31948 b

A BILL FOR

SB2906
LRB104 18506 SPS 31948 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Transportation Network Driver Labor Relations Act.

6

Section 2.
Findings; legislative intent; construction.
7

(a) The General Assembly finds that the growing rate of
8
technological advancement has fundamentally altered the way
9
that many people work within the State in the transportation
10
sector, in which companies connect, through an online
11
application, persons seeking passenger transportation services
12
to persons willing to supply those transportation services.
13
These persons willing to supply those transportation services,
14
known as transportation network drivers, often suffer poor
15
pay, inadequate health coverage, and lack of other benefits.
16
It is hereby declared that the best interests of the people of
17
this State are served by providing transportation network
18
drivers the opportunity to self-organize, designate
19
representatives of their own choosing, and to bargain
20
collectively on a sectoral basis in order to obtain
21
sustainable wages, benefits, and working conditions, subject
22
to approval and ongoing supervision by the State. It is
23
further declared that the best interests of the people of this

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1
State are served by the prevention or prompt resolution of
2
disputes between transportation network companies and the
3
transportation network drivers who supply the labor to
4
effectuate those services through collective bargaining on a
5
sectoral basis, subject to approval and ongoing supervision by
6
the State. This Act shall be deemed an exercise of the police
7
power of the State for the protection of the public welfare,
8
prosperity, health, and peace of the people of the State, and
9
shall be liberally construed for the accomplishment of its
10
purposes.
11

(b) The General Assembly finds that it is in the public
12
policy interests of the State to displace competition with
13
regulation of the terms and conditions of work for
14
transportation network drivers; and, consistent with this
15
policy, to exempt from federal and State antitrust laws any
16
conduct authorized under this Act, including the formation of
17
transportation network driver organizations and multi-company
18
associations for the purposes of collective bargaining on a
19
sectoral basis between transportation network companies and
20
transportation network drivers on an industry-wide basis, and
21
to supervise, evaluate, and if approved, implement the
22
resulting sectoral agreements concerning industry regulations
23
for the terms and conditions of work for all transportation
24
network drivers in an industry when such sectoral agreements
25
are found by the Department of Labor to advance the public
26
purposes stated in this Section and are then made binding,

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1
regardless of the anticompetitive consequences thereof.
2

(c) It is the intent and policy of the State:
3

(1) To grant transportation network drivers the right
4

to form, join, or assist transportation network driver
5

organizations, to be represented through representatives
6

of their own choosing, and to engage in other concerted
7

activities for the purpose of bargaining with
8

transportation network companies and to create negotiated
9

recommendations in the form of a sectoral agreement, which
10

shall form the basis for industry regulations, and for the
11

purpose of other mutual aid or protection; and
12

(2) To grant transportation network companies the
13

right to form multi-company associations to represent them
14

while bargaining with a transportation network driver
15

organization to create negotiated recommendations in the
16

form of a sectoral agreement, which shall form the basis
17

for industry regulations.
18

(d) The intent and policy of the State is for the statutory
19
and non-statutory labor exemptions from the federal antitrust
20
laws and analogous State laws to apply to transportation
21
network drivers who choose to form, join, or assist labor
22
organizations in labor activity, to transportation network
23
driver organizations who organize and represent such drivers,
24
and to transportation network companies who may choose to form
25
an industry association to negotiate on their behalf or
26
otherwise engage in labor activity, permitted by this Act.

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1

(e) The intent and policy of the State in authorizing and
2
regulating transportation network companies, transportation
3
network drivers engaging in labor activity, and transportation
4
network driver organizations, permitted by this Act, is that
5
state action immunity apply to this Act, including the
6
sectoral agreement approved by the Department of Labor, and
7
that such transportation network companies, transportation
8
network drivers, and transportation network driver
9
organizations be immune from the federal and State antitrust
10
laws to the fullest extent possible in their conduct pursuant
11
to this Act.
12

(f) The State shall actively supervise the qualified labor
13
activity permitted by this Act conducted by transportation
14
network companies, transportation network drivers, and
15
transportation network driver organizations pursuant to this
16
Act to ensure that the conduct permitted by this Act protects
17
the rights of workers and companies, encourages collective
18
bargaining on a sectoral basis and labor peace, and otherwise
19
advances the purposes of this Act.

20

Section 3.
Definitions.
As used in this Act:
21

"Active transportation network driver" and "active TND"
22
means a transportation network driver designated pursuant to
23
the following process: Within 90 days after the effective date
24
of this Act, and once each calendar quarter thereafter, each
25
covered transportation network company shall provide the

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1
Board, in an electronic format determined by the Board, with
2
information that identifies all transportation network drivers
3
who completed 5 or more rides that originate in the State on
4
the covered TNC's platform in the previous 6 months. Each
5
covered TNC shall provide this information within 2 weeks
6
after the end of each calendar quarter (by April 14 provide TND
7
information from rides originating between October 1 and March
8
31, by July 14 provide TND information from rides originating
9
between January 1 and June 30, by October 14 provide TND
10
information from rides originating between April 1 and
11
September 30, by January 14 provide TND information from rides
12
originating between July 1 and December 31). The information
13
shall include only the name of the TND, the TND driver's
14
license number, and to the extent known by a TNC, the TND's
15
mobile phone number, mailing address, email address, and the
16
number of rides the TND completed through the covered TNC's
17
platform in the previous 6 months. Within 14 days after the
18
deadline for submission of the information from covered TNCs
19
required in this definition, the Board shall combine the data
20
provided by all covered TNCs to determine the distribution of
21
the number of rides completed by all TNDs for which data has
22
been submitted, and then shall determine the median number of
23
rides across TNDs for whom data has been submitted in the
24
previous 6 months. Any TND who completed greater than or equal
25
to the median number of rides shall be considered an active
26
transportation network driver in the rideshare industry. The

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1
information required to be provided to the Board in this
2
definition shall be produced in a manipulable electronic
3
format, such as a spreadsheet program consisting of cells
4
organized by lettered columns and numbered rows with each data
5
point in a separate cell that allows users to sort and perform
6
calculations and analysis. The Board may require that the
7
information be provided in a specified software program. The
8
records and information provided to the Board by
9
transportation network companies are exempt from disclosure
10
under the Freedom of Information Act.
11

"Board" means the State Panel of the Illinois Labor
12
Relations Board created by Section 5 of the Illinois Public
13
Labor Relations Act.
14

"Company union" means any committee, driver representation
15
plan, or association of workers or others that exists for the
16
purpose, in whole or in part, of dealing with TNCs concerning
17
grievances or terms and conditions of work for TNDs: (i) which
18
a TNC has initiated or created or whose initiation or creation
19
it has suggested or participated in; (ii) which a TNC
20
participates in, supervises, or conducts the formulation of
21
governing rules or policies, management, operations, or
22
elections; or (iii) which the TNC maintains, finances,
23
controls, dominates, or assists in maintaining or financing
24
unless required to do so by this Act, its implementing rules,
25
or any other legal requirement, whether by compensating anyone
26
for services performed in its behalf or by donating free

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1
services, equipment, materials, office or meeting space, or
2
anything else of value, or by any other means.
3

A TNC driver organization shall not be deemed a company
4
union solely because any of the following are true:
5

(1) It has negotiated or been granted the right to
6

designate TNC drivers to be released with pay for the
7

purpose of providing representational services in
8

labor-management affairs on behalf of TNC drivers
9

represented by the TNC driver organization.
10

(2) In the course of providing representational
11

services to workers for whom it is the exclusive
12

bargaining representative, a TNC has allowed agents of the
13

TNC driver organization to meet with drivers at the TNC's
14

premises or communicate with TNDs via the TNC's platform.
15

(3) It has received from a TNC the voluntary
16

membership dues deductions of TNC drivers or the TNC has
17

processed or transmitted membership dues pursuant to
18

paragraph (5) of subsection (d) of Section 8.
19

(4) It has received funds from a TNC for the
20

administration of benefits and services to TNC drivers
21

pursuant to a sectoral agreement in its capacity as the
22

exclusive bargaining representative.
23

(5) It has negotiated with a TNC, before or after
24

certification as the exclusive bargaining representative,
25

for the right and requisite resources to communicate or
26

meet with TNDs for any purpose permitted under this Act,

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1

including via the TNC's platform.
2

"Covered transportation network company" and "covered TNC"
3
means a transportation network company so designated pursuant
4
to the following process:
5

(1) In addition to the TND lists and information
6

required by the definition of "active transportation
7

network driver", within 90 days after the effective date
8

of this Act, within 2 weeks after the end of each calendar
9

quarter, each TNC shall electronically submit to the Board
10

a single statewide total of the rides performed during the
11

prior quarter by transportation network drivers on its
12

online-enabled application or platform. For purposes of
13

this definition, all digital networks or software
14

application services that any related corporate entities
15

under common control maintain shall be considered a single
16

TNC.
17

(2) The information required by paragraph (1) of this
18

definition shall be produced in a manipulable electronic
19

format, such as a spreadsheet program consisting of cells
20

organized by lettered columns and numbered rows with each
21

data point in a separate cell that allows users to sort and
22

perform calculations and analysis. The Board may require
23

that the information be provided in a specified software
24

program.
25

(3) Within 14 days after the deadline set forth in
26

paragraph (1) of this definition, the Board shall

SB2906
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1

designate the covered TNCs through the following
2

procedure. The Board shall total all rides reported
3

pursuant to paragraph (1) of this definition. The Board
4

shall then rank all TNCs by rideshare volume in descending
5

order. The Board shall begin with the highest ranked TNC
6

and continue down the list until the Board has identified
7

the TNCs whose rides collectively equal or exceed 95% of
8

the statewide total for the preceding quarter. These TNCs
9

shall be deemed "covered TNCs" for purposes of this Act.
10

For purposes of this paragraph, all TNCs under common
11

ownership or control shall be considered to be a single
12

TNC. The Board shall then publish the list of covered TNCs
13

and noncovered TNCs and rideshare volume information on
14

its internet website. The Board shall notify each TNC as
15

to whether the TNC is a covered TNC.
16

(4) The failure of a TNC to submit the list required by
17

paragraph (1) of this definition shall not prevent the
18

Board from providing a list of covered and noncovered TNCs
19

to the extent the Board concludes that the missing
20

information cannot reasonably be expected to change
21

whether those TNCs are covered or noncovered TNCs.
22

(5) A TNC that was not a covered TNC when a sectoral
23

agreement took effect but whose rideshare volume in a
24

later quarter brings it within the 95% threshold
25

identified in paragraph (3) of this definition shall
26

become a covered TNC, and therefore bound by all terms of

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the sectoral agreement immediately.
2

(6) A TNC that becomes a covered TNC pursuant to this
3

Section shall remain a covered TNC for the remaining term
4

of a sectoral agreement.
5

"Department" means the Department of Labor.
6

"Exclusive bargaining representative" means a TND
7
organization certified by the Board, in accordance with this
8
Act, as the representative of TNDs in a bargaining unit.
9

"Mandatory subjects of bargaining" means those subjects of
10
bargaining related to compensation, benefits, and other terms
11
and conditions of work, including, but not limited to,
12
deactivations, and dispute resolution procedures for resolving
13
claims alleging unjust deactivation.
14

"Person" includes one or more individuals, TNDs, TND
15
organizations, TNCs, network companies, labor organizations,
16
associations, corporations, legal representatives, trustees,
17
trustees in bankruptcy, or receivers.
18

"Transportation network company" and "TNC" means an entity
19
operating in the State that uses a digital network or software
20
application service to connect passengers to transportation
21
network company services provided by transportation network
22
drivers. For purposes of this paragraph, all digital networks
23
or software application services that any related corporate
24
entities under common control maintain shall be considered a
25
single TNC. A TNC is not deemed to own, control, operate, or
26
manage the vehicles used by transportation network drivers,

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1
and is not a taxicab association or a for-hire vehicle owner.
2

"Transportation network company services" and "TNC
3
services" means transportation of a passenger between points
4
chosen by the passenger and prearranged with a transportation
5
network driver through the use of a TNC digital network or
6
software application. "Transportation network company
7
services" and "TNC services" do not include a taxicab,
8
for-hire vehicle, or street hail service.
9

"Transportation network driver", "transportation network
10
company driver", "TNC driver", and "TND" means an individual
11
who operates a motor vehicle that: (i) is owned, leased, or
12
otherwise authorized for use by the individual; (ii) is not a
13
taxicab or for-hire public passenger vehicle; (iii) is used to
14
provide transportation network company services; and (iv)
15
operates under the TNC license of the TNC. "Transportation
16
network driver", "transportation network company driver", "TNC
17
driver", and "TND" do not include any individual who, with
18
respect to the provision of TNC services is: (i) determined by
19
a final order of a court of competent jurisdiction to be an
20
employee within the meaning of Section 2(3) of the National
21
Labor Relations Act, 29 U.S.C. 152(3), or within the meaning
22
of 26 CFR 31.3121(d)-1 or 31.3401(c)-1; or (ii) declared by a
23
TNC to be an employee within the meaning of Section 2(3) of the
24
National Labor Relations Act, 29 U.S.C. 152(3) and within the
25
meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1.
26

"Transportation network driver organization" and "TND

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1
organization" means any organization in which TNDs
2
participate, and which exists and is constituted for the
3
purpose, in whole or in part, of collective bargaining, or of
4
dealing with transportation network companies concerning
5
grievances, terms or conditions of work, or of other mutual
6
aid or protection and which is not a company union as defined
7
by this Act.
8

"Unfair work practices" means only those unfair work
9
practices set forth in Section 6.

10

Section 4.
Powers of the Board.
The Board shall have
11
jurisdiction over unfair work practices and collective
12
bargaining matters between transportation network companies
13
and transportation network driver organizations, except for
14
the determinations to be made by the Department under this
15
Act.

16

Section 5.
Rights of TNDs.
Transportation network drivers
17
shall have the right of self-organization, to form, join, or
18
assist TND organizations, to bargain collectively through
19
representatives of their own choosing, and to engage in
20
concerted activities, for the purpose of collective bargaining
21
or other mutual aid or protection, free from interference,
22
restraint, or coercion by TNCs, and shall also have the right
23
to refrain from any of these activities. Nothing contained in
24
this Act shall be interpreted to prohibit TNDs from exercising

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1
the right to confer with TNCs at any time, provided that during
2
such conference there is no attempt by such TNC, directly or
3
indirectly, to interfere with, restrain, or coerce such
4
workers in the exercise of the rights guaranteed by this Act.

5

Section 6.
Unfair work practices.
6

(a) It is an unfair work practice for a TNC to:
7

(1) Fail or refuse to provide the Board or a TND
8

organization with an accurate list of the names, trips
9

made, and contact information for TNDs, as required by
10

this Act.
11

(2) Fail or refuse to submit the list to the Board
12

required by the definition of "covered transportation
13

network company".
14

(3) Fail or refuse to negotiate in good faith with a
15

TND organization certified as an exclusive bargaining
16

representative of TNDs engaged with such TNC, concerning
17

mandatory subjects of bargaining.
18

(4) Fail or refuse to provide a TND organization,
19

certified as an exclusive bargaining representative of
20

TNDs engaged with such TNC, with information requested by
21

the TND organization that is relevant to, and necessary
22

for, purposes of bargaining and the performance of its
23

other duties required by this Act.
24

(5) Fail or refuse to continue all the terms of a
25

determination of terms and conditions of work approved or

SB2906
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1

prescribed by the Department pursuant to this Act until a
2

new determination is approved or prescribed, unless in
3

accordance with a recognized exception under the law.
4

(6) Dominate or interfere with the formation,
5

existence, or administration of any TND organization, or
6

to contribute financial or other support to any such
7

organization, directly or indirectly, unless required by
8

this Act or by any rules implementing this Act, including,
9

but not limited to, the following:
10

(i) by participating or assisting in, supervising,
11

or controlling (1) the initiation or creation of any
12

such organization or (2) the meetings, management,
13

operation, elections, formulation or amendment of
14

constitution, rules, or policies, of any such
15

organization;
16

(ii) by offering incentives to TNDs to join any
17

such organization; or
18

(iii) by donating free services, equipment,
19

materials, office or meeting space or anything else of
20

value for the use of any such organization; provided
21

that a TNC may permit TNDs to perform representational
22

work protected under this Act during working hours
23

without loss of time or pay or allow agents of a TND
24

organization that is the exclusive representative of
25

its TNDs to meet with TNDs on its premises or
26

communicate with TNDs via the TNC's platform.

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1

(7) Require a TND to join any company union or TND
2

organization or to require a TND to refrain from forming,
3

or joining or assisting a TND organization of their own
4

choosing.
5

(8) Encourage membership in any company union or
6

discourage membership in any TND organization, by
7

discrimination in regard to any term or condition of work.
8

(9) Deactivate or otherwise discriminate against a TND
9

because they have signed or filed any charge, affidavit,
10

petition, or complaint or given any information or
11

testimony under this Act.
12

(10) Distribute or circulate any blacklist of
13

individuals exercising any right created or confirmed by
14

this Act or of members of a TND organization, or to inform
15

any person of the exercise by any individual of such right
16

or of the membership of any individual in a TND
17

organization for the purpose of preventing individuals so
18

blacklisted or so named from obtaining or retaining
19

opportunities for remuneration.
20

(11) Perform any acts, other than those already
21

enumerated in this Section, which interfere with,
22

restrain, or coerce TNDs in the exercise of the rights
23

guaranteed by this Act.
24

(b) It is an unfair work practice for a TND organization
25
to:
26

(1) Fail or refuse to negotiate in good faith with a

SB2906
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LRB104 18506 SPS 31948 b
1

TNC concerning mandatory subjects of bargaining, provided
2

that the TND organization is the certified exclusive
3

bargaining representative of the TNC's transportation
4

network drivers, including by refusing to provide
5

information requested by a TNC that is relevant and
6

necessary for purposes of bargaining and the performance
7

of its other duties required by this Act.
8

(2) Restrain or coerce TNDs in the exercise of the
9

rights guaranteed by this Act, provided that this
10

paragraph shall not impair the right of a TND organization
11

to prescribe its own rules with respect to the acquisition
12

or retention of membership in the organization.
13

(3) Fail or refuse to fulfill its duty of fair
14

representation by intentional misconduct in representing
15

TNDs where it is the certified exclusive bargaining
16

representative.
17

(4) Restrain or coerce a TNC in the selection of its
18

representatives for the purpose of bargaining or the
19

adjustment of grievances.
20

(5) Cause or attempt to cause an employer to
21

discriminate against an employee in violation of paragraph
22

(9) of subsection (a) of Section 6.
23

(c) For purposes of this Section "to negotiate in good
24
faith" means the performance of the mutual obligation of the
25
transportation network companies or their agents or
26
representatives and the exclusive bargaining representative to

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1
meet at reasonable times and negotiate in good faith with
2
respect to mandatory subjects of bargaining, or the
3
negotiation of a sectoral agreement under Section 10, or any
4
question arising thereunder, and to execute a written contract
5
incorporating any agreement reached if requested by either
6
party. However, this mutual obligation does not compel the
7
transportation network companies or the exclusive bargaining
8
representative to agree to a proposal or require the making of
9
a concession.

10

Section 7.
Prevention of unfair work practices.
11

(a) The Board is empowered and directed to prevent any TNC
12
and any TND organization from engaging in any unfair work
13
practice described in this Act. This power shall not be
14
affected or impaired by any means of adjustment, mediation, or
15
conciliation in labor disputes that have been or may hereafter
16
be established by law or by the determination provided for in
17
subsection (i) of Section 10. In order to prevent unfair work
18
practices, each TNC shall, at least once each year, send a text
19
message and an email to each of its active TNDs in a form
20
determined by the Board notifying the TNDs of their rights
21
under this Act, and the procedure for filing an unfair work
22
practice charge. The TNC shall provide the notice in all
23
languages that the Board determines are likely spoken by 5% or
24
more of TNC drivers. The Board shall also post a copy of this
25
notice on its website.

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(b) Unfair work practice charges shall be filed no later
2
than 6 months after the date on which the charging party knew,
3
or reasonably should have known, of the violation.
4

(c) Whenever it is charged that any person has engaged in,
5
or is engaging in, any unfair work practice, the Board, or any
6
agent or agency designated by the Board for such purposes,
7
shall conduct an investigation of the charge. If after such
8
investigation the Board finds that the charge involves a
9
dispositive issue of law or fact, the Board shall issue a
10
complaint and cause to be served upon the person a complaint
11
stating the charges, accompanied by a notice of hearing before
12
the Board or a member thereof designated by the Board, or
13
before a qualified hearing officer designated by the Board at
14
the offices of the Board or such other location as the Board
15
deems appropriate, not less than 5 days after serving of such
16
complaint. Any such complaint may be amended by the member or
17
hearing officer conducting the hearing for the Board in their
18
discretion at any time prior to the issuance of an order based
19
thereon. The person who is the subject of the complaint has the
20
right to file an answer to the original or amended complaint
21
and to appear in person or by a representative and give
22
testimony at the place and time fixed in the complaint. In the
23
discretion of the member or hearing officer conducting the
24
hearing or the Board, any other person may be allowed to
25
intervene in the proceeding and to present testimony. In any
26
hearing conducted by the Board, neither the Board nor the

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member or agent conducting the hearing shall be bound by the
2
rules of evidence applicable to courts, except as to the rules
3
of privilege recognized by law.
4

(d) The Board shall have the power to issue subpoenas and
5
administer oaths. If any party willfully fails or neglects to
6
appear or testify or to produce books, papers, and records
7
pursuant to the issuance of a subpoena by the Board, the Board
8
may apply to a court of competent jurisdiction to request that
9
such party be ordered to appear before the Board to testify or
10
produce the requested evidence.
11

(e) Any testimony taken by the Board, or a member
12
designated by the Board or a hearing officer thereof, must be
13
reduced to writing and filed with the Board. A full and
14
complete record shall be kept of all proceedings before the
15
Board, and all proceedings shall be transcribed by a reporter
16
appointed by the Board. The party on whom the burden of proof
17
rests shall be required to sustain such burden by a
18
preponderance of the evidence, and the charging party shall
19
have the burden of proving the unfair work practice
20
accordingly. If, upon a preponderance of the evidence taken,
21
the Board is of the opinion that any person named in the charge
22
has engaged in or is engaging in an unfair work practice, then
23
it shall state its findings of fact and shall issue and cause
24
to be served upon the person an order requiring them to cease
25
and desist from the unfair work practice, and to take such
26
affirmative action as will effectuate the provisions of this

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Act including, but not limited to: (i) withdrawal of
2
recognition from and refraining from bargaining sectorally
3
with any organization or association, agency, or plan that is
4
either defined in this Act as a company union or established,
5
maintained, or assisted by any action defined in this Act as an
6
unfair work practice; (ii) awarding of back compensation
7
without any reduction based on the TND's interim earnings or
8
failure to earn interim earnings and, upon a showing of
9
egregious misconduct, an additional amount as liquidated
10
damages equal to 2 times the amount of back compensation
11
awarded; (iii) requiring reengagement or reestablishment of
12
the TNC's preexisting relationship with an improperly
13
adversely affected TND with or without compensation, or
14
maintenance of a preferential list from which such TND shall
15
be reengaged or the relationship reestablished, and such order
16
may further require such respondent to make reports from time
17
to time showing the extent to which the order has been complied
18
with; (iv) requiring the TNC to recognize and bargain with a
19
TND organization if the Board determines that the unfair work
20
practice interfered with the TND's right to form or join a TND
21
organization; and (v) requiring the respondent to comply with
22
any other obligation of this Act. The Board's order may in its
23
discretion also include an appropriate sanction, based on the
24
Board's rules, and the sanction may include an order to pay the
25
other party or parties' reasonable expenses including costs
26
and reasonable attorney's fees, if the other party has made

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allegations or denials without reasonable cause and found to
2
be untrue or has engaged in frivolous litigation for the
3
purpose of delay or needless increase in the cost of
4
litigation. If the Board awards back compensation, damages, or
5
monetary sanction, it shall also award interest at the rate of
6
7% per annum. The Board's order may further require the person
7
to make reports from time to time, and demonstrate the extent
8
to which the person has complied with the order. If there is no
9
preponderance of evidence to indicate to the Board that the
10
person named in the charge has engaged in or is engaging in the
11
unfair work practice, then the Board shall state its findings
12
of fact and shall issue an order dismissing the complaint.
13

(f) Until the record in a case has been filed in court, the
14
Board at any time, upon reasonable notice and in such manner as
15
it deems proper, may modify or set aside, in whole or in part,
16
any finding or order made or issued by it.
17

(g) A charging party or any person aggrieved by a final
18
order of the Board granting or denying in whole or in part the
19
relief sought may apply for and obtain judicial review of an
20
order of the Board entered under this Act, in accordance with
21
the provisions of the Administrative Review Law, except that
22
such judicial review shall be afforded directly in the
23
Appellate Court for the district in which the aggrieved party
24
resides or transacts business, and such judicial review shall
25
not be available for the purpose of challenging a final order
26
issued by the Board pursuant to Section 8 for which judicial

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review has been petitioned pursuant to subsection (e) of
2
Section 8. Any direct appeal to the Appellate Court shall be
3
filed within 35 days after the date that a copy of the decision
4
sought to be reviewed was served upon the party affected by the
5
decision. The filing of such an appeal to the Appellate Court
6
shall not automatically stay the enforcement of the Board's
7
order. An aggrieved party may apply to the Appellate Court for
8
a stay of the enforcement of the Board's order after the
9
aggrieved party has followed the procedure prescribed by
10
Supreme Court Rule 335. The Board in proceedings under this
11
Section shall request and may obtain an order of the court for
12
the enforcement of the Board's order.
13

(h) Whenever it appears that any person has violated a
14
final order of the Board issued pursuant to this Section, the
15
Board must commence an action in the name of the People of the
16
State of Illinois by petition, alleging the violation,
17
attaching a copy of the order of the Board, and praying for the
18
issuance of an order directing the person, the person's
19
officers, agents, servants, successors, and assigns to comply
20
with the order of the Board. The Board shall be represented in
21
this action by the Attorney General in accordance with the
22
Attorney General Act. The court may grant or refuse, in whole
23
or in part, the relief sought, provided that the court may stay
24
an order of the Board in accordance with the Administrative
25
Review Law, pending disposition of the proceedings. The court
26
may punish a violation of its order as in civil contempt. The

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proceedings provided in this paragraph shall be commenced in
2
the Appellate Court for the district where the unfair work
3
practice which is the subject of the Board's order was
4
committed, or where a person required to cease and desist by
5
such order resides or transacts business. In case of the
6
enforcement of an order of the Board, the Appellate Court
7
shall have the power to issue any injunctive or equitable
8
remedy it finds appropriate, and in the case of a Board order
9
which requires the payment of money, the Appellate Court shall
10
have the power to enter judgment for the amount justified by
11
the record and for costs, which judgment may be enforced as
12
other judgments for the recovery of money.
13

(i)(1) A party filing an unfair work practice charge under
14
this Section may petition the Board to obtain injunctive
15
relief, pending a decision on the merits of the charge by the
16
Board, a member thereof designated by the Board, or by a
17
hearing officer designated by the Board, upon a showing that:
18
(i) it is likely to succeed on the merits; (ii) it is likely to
19
suffer irreparable harm in the absence of preliminary relief;
20
(iii) the balance of equities tips in their favor; and (iv) an
21
injunction is in the public interest. The immediate and
22
irreparable harm may include the chilling of TNDs in the
23
exercise of rights provided or protected by this Act.
24

(2) Within 30 days after the receipt by the Board of such
25
petition for injunctive relief, if the Board determines that a
26
charging party has made a sufficient showing pursuant to

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paragraph (1) the Board, through the Attorney General, shall
2
petition the circuit court where the alleged unfair work
3
practice was allegedly committed, or where a person required
4
to cease and desist from such alleged unfair work practice
5
resides or transacts business, for appropriate temporary
6
relief or restraining order. If the Board fails to act within
7
10 days, the Board shall be deemed to have made a final order
8
determining not to seek injunctive relief. If the Board
9
determines not to seek injunctive relief, or if the Board or
10
Attorney General do not petition the circuit court for such
11
injunctive relief within 30 days after the filing of the
12
charging party's petition with the Board, the charging party
13
may seek injunctive relief by petition to the circuit court,
14
in which case the Board must be joined as a necessary party.
15

(3) Upon the filing of any petition for injunctive relief
16
as provided in the preceding paragraph, such injunctive relief
17
may be granted by the court, after hearing all parties, if it
18
determines that there is a sufficient showing under paragraph
19
(1). The relief shall expire on decision by the Board, a member
20
thereof designated by the Board, or a hearing officer
21
designated by the Board finding no unfair work practice to
22
have occurred, successful appeal of the grant of injunctive
23
relief, or successful motion to vacate or modify such
24
injunctive relief pursuant to the Code of Civil Procedure. Any
25
injunctive relief in effect pending a decision by the Board
26
(i) shall expire upon a decision by the Board finding no unfair

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work practice to have occurred, of which the Board shall
2
notify the court immediately, or (ii) shall remain in effect
3
only to the extent it implements any remedial order issued by
4
the Board in its decision, of which the Board shall notify the
5
court immediately.
6

(4) A decision on the merits of the unfair work practice
7
charge by the Board finding an unfair work practice to have
8
occurred shall continue the injunctive relief until either (i)
9
the respondent implements the remedy, or (ii) the Board's
10
order is set aside in an action for review of the Board's order
11
pursuant to the Administrative Review Law as set forth in
12
subsection (g).
13

(5) The appeal of any order granting, denying, modifying,
14
or vacating injunctive relief ordered by the court pursuant to
15
this subsection shall be made in accordance with the Code of
16
Civil Procedure and Supreme Court Rules.
17

(6) The Board or, where applicable, the charging party,
18
shall not be required to give any undertakings or bond and
19
shall not be liable for any damages or costs which may have
20
been sustained by reason of any injunctive relief ordered. In
21
the case of a TNC's failure to provide an accurate list of
22
names, mobile phone numbers, email addresses, and mailing
23
addresses of TNDs, immediate and irreparable injury, loss, or
24
damage shall be presumed.
25

(j) In addition to, and without limiting, any other
26
procedure provided in this Section, the Board is empowered and

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directed to enforce, and prevent violations of paragraph (2)
2
of subsection (a) of Section 6 as follows.
3

(1) Upon the failure or refusal of a TNC to timely
4

submit the list to the Board required by the definition of
5

"covered transportation network company", the Board shall
6

promptly issue a complaint charging the TNC with an unfair
7

work practice and petition a court of competent
8

jurisdiction for temporary relief to compel production of
9

the list, consistent with the procedures in subsection
10

(i), except that the Board shall have a mandatory,
11

non-discretionary duty to seek such injunctive relief. In
12

the case of a TNC's failure to provide the list to the
13

Board required by the definition of "covered
14

transportation network company", immediate and irreparable
15

injury, loss, or damage shall be presumed.
16

(2) In addition to any other remedy provided by this
17

Act, a TNC found to have committed an unfair work practice
18

in violation of paragraph (2) of subsection (a) of Section
19

6 shall be subject to a civil penalty, payable to the
20

Board, not to exceed $10,000 per day for each day after the
21

deadline that the list was not provided. The amount of the
22

penalty shall be determined by the Board through
23

application of the following criteria: (i) the size of the
24

TNC; (ii) the severity of the violation; and (iii) any
25

history of violations by the TNC. A TNC found to have
26

committed an unfair work practice in violation of

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1

paragraph (2) of subsection (a) of Section 6 shall also be
2

required by the Board to pay the Board's or charging
3

party's attorney's fees and costs for any court proceeding
4

initiated by the Board or charging party to compel
5

production of the list.

6

Section 8.
Designation of bargaining representatives.
7

(a) For purposes of this Act, each TND performing TNC
8
services on a covered TNC shall be included in an
9
industry-wide bargaining unit of all TNDs in the State.
10

(b) A TND organization may demonstrate that it has been
11
designated as a bargaining representative by presenting to the
12
Board cards, petitions, or other evidence, which may be in
13
electronic form, sufficient to show the TND has authorized the
14
TND organization to act as the worker's bargaining
15
representative. A TND may demonstrate that TNDs do not wish to
16
be represented by a TND organization by presenting to the
17
Board cards, petitions, or other evidence, which may be in
18
electronic form, sufficient to show the TND does not authorize
19
any TND organization to act as the worker's exclusive
20
bargaining representative. The Board shall deem valid any such
21
card, petition, or other evidence that includes (i) the
22
signature of the TND, (ii) the date of execution, (iii) a
23
statement indicating the TND's authorization of the TND
24
organization to act as the TND's exclusive bargaining
25
representative or alternatively the TND's wish to not be

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represented by a TND organization, and (iv) the name of at
2
least one TNC for whom the TND performs services. In order to
3
be valid, such card, petition, or other evidence must have
4
been executed by the TND within one year of the date that the
5
TND organization, or TND, submits the evidence to the Board.
6
The authorizations or designations of representative may be
7
evidenced by electronic records or electronic signatures as
8
provided under Section 7 of the Uniform Electronic
9
Transactions Act. The Board shall adopt rules for verification
10
of electronic signatures that are comparable to the standards
11
set forth in Section III of the National Labor Relations Board
12
Office of the General Counsel Memo 15-08.
13

(c)(1) Within 30 days after the petition of any TND
14
organization, the Board shall make a determination that such
15
organization has been designated as bargaining representative
16
by at least 10% of active TNDs in the bargaining unit. For
17
purposes of this provision, the operative list of active TNDs
18
shall be based on the most recent quarterly list provided by
19
the covered TNCs to the Board in accordance with the
20
definition of "active transportation network driver".
21

(2) Within 30 days after the Board's determination that a
22
TND organization has been designated as the bargaining
23
representative of at least 10% of active TNDs in the
24
bargaining unit, the Board shall: (i) require each covered TNC
25
to send a notice, in a form determined by the Board, that the
26
TND organization is seeking to represent TNDs for the purpose

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of initiating a bargaining process in order to establish terms
2
and conditions for the industry; and (ii) provide the TND
3
organization with a complete list of names, phone numbers,
4
mailing address, and email addresses for all active TNDs in
5
the bargaining unit. The TNC shall provide the notice in all
6
languages that the Board determines are likely spoken by 5% or
7
more of TNC drivers. The Board will provide the TND
8
organization with an updated list each quarter for the
9
following 4 quarters. For 6 months from the date of the Board's
10
determination that a TND organization has met the 10%
11
threshold in a bargaining unit, and where such TND
12
organization is the first TND organization to meet such
13
threshold, no other TND organization may be certified as the
14
exclusive bargaining representative of those workers without
15
an election.
16

(d)(1) A TND organization that provides evidence to the
17
Board that it has been designated as bargaining representative
18
by 30% of active TNDs in the bargaining unit shall be certified
19
as the exclusive bargaining representative of all TNDs in the
20
bargaining unit. The Board shall make such determination of
21
exclusive bargaining representative status within 30 days
22
after the petition. In the alternative, a TND organization
23
that has been designated as the bargaining representative of
24
at least 10% of active TNDs in the bargaining unit, pursuant to
25
a petition filed under subsections (c) or (d), may petition
26
the Board to conduct an election. The TND may petition for such

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election at any time within one year of the Board's
2
determination that it has been designated as the bargaining
3
representative of at least 10% of active TNDs. The election
4
shall be conducted as expeditiously as possible, but in no
5
event more than 60 days after the TND organization's petition
6
for election. If the TND organization receives a majority of
7
valid votes cast in such election, the Board shall certify the
8
TND organization as the exclusive bargaining representative.
9
For purposes of this provision, the operative list of active
10
TNDs shall be based on the most recent quarterly list provided
11
by the covered TNCs in accordance with the definition of
12
"active transportation network driver".
13

(2) If a TND organization seeking certification as the
14
exclusive bargaining representative without an election
15
provides evidence that shows that less than a majority of
16
active TNDs have designated the TND organization as their
17
bargaining representative, the Board shall wait 7 days before
18
certifying the TND organization as exclusive bargaining
19
representative. If, during those 7 days, another TND
20
organization provides evidence that at least 20% of active
21
TNDs in the bargaining unit have designated it as their
22
bargaining representative, then the Board shall hold an
23
election among all active TNDs in the bargaining unit. Such
24
election shall be conducted as expeditiously as possible, but
25
in no event more than 60 days after the petition of the
26
original TND seeking certification as exclusive bargaining

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1
representative. For purposes of such an election, the
2
operative list of active TNDs shall be based on the most recent
3
quarterly list provided by the covered TNCs in accordance with
4
the definition of "active transportation network driver". A
5
TND organization receiving a majority of the valid votes cast
6
shall be certified as the exclusive bargaining representative
7
of all TNDs in the bargaining unit. When 2 or more TND
8
organizations are on the ballot and none of the choices (the
9
TND organizations or "no worker organization") receives a
10
majority of the valid votes cast, there shall be a run-off
11
election between the 2 choices receiving the largest and
12
second largest number of votes, to be conducted within 45 days
13
after the determination that no choice had received a majority
14
of valid votes cast. The TNDs eligible to vote in the run-off
15
election shall be the same TNDs eligible to vote in the initial
16
election. A TND organization receiving a majority of the valid
17
votes cast in the run-off election shall be certified as the
18
exclusive bargaining representative of all TNDs in the
19
bargaining unit. If a majority of the valid votes cast are for
20
"no worker organization", then the Board will not certify any
21
worker organization as the exclusive bargaining
22
representative.
23

(3) A TND organization certified as the exclusive
24
bargaining representative shall have the exclusive authority
25
to represent the TNDs in the bargaining unit, without
26
challenge by another TND organization, and not subject to

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decertification by the procedures in this subsection, for the
2
greater of (i) one year following certification, or (ii) the
3
length of time that a final determination rendered by the
4
Department under subsection (i) of Section 10 is in effect,
5
provided that such period shall not be longer than 3 years
6
following the date of issuance of such final determination.
7
During the times when an exclusive bargaining representative
8
is subject to challenge, TNDs may file for a decertification
9
election upon a showing that at least 25% of the active TNDs in
10
the bargaining unit have demonstrated support for the
11
decertification. The Board will then schedule an election to
12
determine whether the TND organization has retained its status
13
as exclusive bargaining representative. The TND organization
14
shall retain its status as exclusive bargaining representative
15
if it receives a majority of valid votes cast by active TNDs in
16
the bargaining unit. For purposes of this provision, the
17
operative list of active TNDs shall be based on the most recent
18
quarterly list provided by the covered TNCs in accordance with
19
the definition of "active transportation network driver".
20

(4) If a TND organization has been certified as the
21
exclusive bargaining representative with respect to the
22
bargaining unit, only that TND organization shall be entitled
23
to: (i) immediately upon certification, and, quarterly
24
thereafter, receive from the Board the data provided by the
25
covered TNCs to the Board pursuant to the definition of
26
"active transportation network driver", to be used solely for

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1
the purposes of bargaining and the performance of its other
2
duties as the TNDs bargaining representative; and (ii) to
3
engage in bargaining with the covered TNCs for a sectoral
4
agreement to be recommended to the Department concerning
5
mandatory subjects of bargaining.
6

(5) A TND organization that has been certified as the
7
exclusive bargaining representative with respect to the
8
bargaining unit shall have a right to voluntary deduction of
9
dues, initiation fees, assessments, and other payments to the
10
TND organization, from payments to TNDs by a covered TNC, upon
11
presentation of deduction authorizations signed by individual
12
TNDs, which may be in electronic form. A covered TNC shall
13
commence making such deductions in accordance with the terms
14
of the deduction authorization as soon as practicable, but in
15
no case later than 30 days after receiving proof of a signed
16
deduction authorization, and amounts deducted shall be
17
submitted to the TND organization within 30 days after the
18
deduction. A covered TNC shall accept a signed deduction
19
authorization evidenced by electronic records or electronic
20
signatures as provided under Section 7 of the Uniform
21
Electronic Transactions Act. The right to such deductions
22
shall remain in full force and effect until an individual TND
23
revokes the deduction authorization in writing in accordance
24
with the terms of the authorization.
25

(e) An order of the Board dismissing a representation
26
petition or determining, certifying, or decertifying a TND

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1
organization as an exclusive bargaining representative is a
2
final order. Any person aggrieved by any such final order may
3
apply for and obtain judicial review in accordance with the
4
provisions of the Administrative Review Law, except that such
5
review shall be afforded directly in the Appellate Court for
6
the district in which the aggrieved party resides or transacts
7
business. Any direct appeal to the Appellate Court shall be
8
filed within 35 days after the date that a copy of the decision
9
sought to be reviewed was served upon the party affected by the
10
decision.
11

(f) Upon agreement by a TND organization seeking such
12
determination or petition or a TND seeking such determination,
13
and the relevant covered TNC or TNCs, any of the numerical
14
thresholds or any of the elections in this Section shall be
15
determined or conducted by a neutral body, in accordance with
16
the provisions of this Act. The fees of the neutral body shall
17
be paid by the Board. The neutral body shall report the results
18
of such determination or election to the Board, which shall
19
certify the results so long as it is satisfied that the
20
determination was made or election was conducted in accordance
21
with the provisions of this Act. If no neutral body has been
22
agreed to within 10 days after a TND organization's or TND's
23
notice of its request for a determination or its petition, the
24
Board may designate a neutral body or perform such functions
25
itself.

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1

Section 9.
Administrative fees.
2

(a) Beginning on the date that a TND organization is
3
certified as the exclusive bargaining representative, each
4
covered TNC shall impose a fee of 20 cents per trip, which the
5
Board shall collect. The Board shall use such fees to issue
6
grants to the exclusive bargaining representative to educate
7
TNDs regarding their rights under this Act, to provide
8
assistance in enforcing those rights, and to enforce the terms
9
of an agreement or determination approved by the Department
10
under this Act.
11

(b) The fee shall be 20 cents per ride on each trip
12
originating in the State performed by a TND. Beginning on the
13
first January 1st after a TND organization has been certified
14
as an exclusive bargaining representative for at least 12
15
months, and each January 1st thereafter, the fee shall be
16
adjusted to the nearest penny to reflect any increase in
17
inflation as measured by the Consumer Price Index for All
18
Urban Consumers published by the United States Bureau of Labor
19
Statistics. The Board shall calculate and publish the
20
adjustments required by this subsection.
21

(c) The fee shall be displayed to customers as a "Labor
22
Relations Administrative Fee".
23

(d) The Board shall adopt by rule an exclusive bargaining
24
representative grant application and criteria for evaluating
25
such grant applications, including criteria to ensure that the
26
exclusive bargaining representative has the capacity and

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expertise to provide education and enforcement support to
2
TNDs. If the exclusive bargaining representative meets the
3
criteria established by the Board, the Board shall approve the
4
grant application and remit the fees to the exclusive
5
bargaining representative on a monthly basis, with each
6
payment occurring no more than 30 days following the end of the
7
month. The fees shall be used by the TND organization solely to
8
educate TNDs regarding the rights protected by this Act, to
9
provide assistance in enforcing those rights, to negotiate the
10
sectoral agreement as provided in this Act, and to enforce the
11
terms of any agreement or determination approved by the
12
Department under this Act. No portion of such fees shall be
13
used for political contributions or lobbying. If no such grant
14
is awarded or if the fees collected exceed the grant awarded,
15
the Board shall use such fees for educational or enforcement
16
activities regarding the provisions of this Act.
17

(e) Each exclusive bargaining representative shall submit
18
an annual report to the Board in a form to be determined by the
19
Board setting forth how the fees have been utilized. The Board
20
shall review each annual report and certify whether the
21
exclusive bargaining representative is utilizing the fees for
22
appropriate activities and continues to meet the grant
23
application criteria. The Board shall adopt rules to establish
24
a process by which it may suspend or revoke grants based on the
25
failure to utilize the fees for educational or enforcement
26
activities or the failure to meet the grant application

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criteria. If the Board finds that the exclusive bargaining
2
representative does not meet the grant application criteria,
3
the Board may utilize the fees for its own educational and
4
enforcement activities, and the exclusive bargaining
5
representative may reapply for a grant in the following year.

6

Section 10.
Bargaining, impasse resolution procedures, and
7
final determination by the Department.
8

(a) Once the Board certifies that a TND organization is
9
the exclusive bargaining representative for the bargaining
10
unit, the Board shall notify all covered TNCs, and all covered
11
TNCs shall be required to bargain with the exclusive
12
bargaining representative concerning mandatory subjects of
13
bargaining. The covered TNCs and TND organization may bargain
14
concerning other subjects agreed to by the parties. To
15
facilitate negotiations, the covered TNCs may form an industry
16
association to negotiate on their behalf. If the covered TNCs
17
choose not to form an association, any recommended agreement
18
must be approved by (i) at least 2 industry member covered TNCs
19
and (ii) member covered TNCs representing at least 80% of the
20
market share of that industry in the State, with votes
21
determined in proportion to the number of rides completed by
22
TNDs contracting directly with the covered TNC in the 2
23
calendar quarters preceding the certification of the exclusive
24
bargaining representative.
25

(b) Each individual covered TNC shall retain exclusive

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control over the development, maintenance, design, pricing,
2
and implementation of its product and product features,
3
software, contract terms, algorithm, and operations and areas
4
of service.
5

(c) A sectoral agreement submitted to the Department for
6
approval pursuant to subsection (i) shall address, at minimum,
7
the following subjects, each of which must be set forth
8
separately in the sectoral agreement, unless a subject is
9
expressly waived by mutual agreement of the exclusive
10
bargaining representative and the covered TNCs:
11

(1) Compensation.
12

(2) Benefits.
13

(3) Appeals process for deactivations.
14

(4) Representation of TNC drivers in deactivation
15

appeals.
16

(5) Paid leave.
17

(6) Information disclosed to TNC drivers about trips
18

on per-trip, weekly, and monthly earnings receipts and
19

summaries, and on initial ride offers.
20

(7) Grievance and arbitration procedures to resolve
21

disputes arising under the sectoral agreement.
22

(8) Safety mandates imposed by the covered TNCs that
23

require TNC drivers to purchase safety equipment or
24

purchase safety software, and safety features or protocols
25

proposed by the exclusive bargaining representative that
26

have a demonstrable purpose of reducing the risk of

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physical assault or injury to TNC drivers. For the
2

purposes of this paragraph, "purchase" includes an
3

automatic withdrawal from TNC driver earnings.
4

(9) Labor-TNC partnerships.
5

(10) Reasonable access by the exclusive bargaining
6

representative to covered TNC-to-TNC driver communication
7

systems.
8

(11) Deduction of voluntary fees and dues from
9

payments to TNC drivers.
10

(12) Duration of the sectoral agreement, which shall
11

be between 3 and 5 years.
12

(13) Insurance coverage for occupational accidents or
13

injuries.
14

(14) Compensation or supplemental insurance for job
15

loss.
16

(d) A sectoral agreement, including an agreement
17
recommended by an arbitrator pursuant to paragraph (6) of
18
subsection (h), shall not contain a provision that prevents an
19
individual covered TNC from exercising its autonomy pursuant
20
to subsection (b).
21

(e) The negotiated sectoral agreement shall be submitted
22
by the TND organization to a vote by all TNDs who have
23
completed at least 100 trips in the previous calendar quarter.
24
Such vote shall be conducted by the TND organization pursuant
25
to procedures determined at the discretion of the TND
26
organization. If approved by a majority of TNDs who vote, the

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sectoral agreement shall be submitted to the Department for
2
approval. If a majority of valid votes cast by the TNDs are not
3
in favor of the sectoral agreement, the TND organization and
4
the covered TNCs will resume negotiating.
5

(f) For purposes of this Section, an impasse may be deemed
6
to exist if the covered TNCs and exclusive bargaining
7
representative fail to achieve agreement by the end of a
8
210-day period from the date a TND organization has been
9
certified as the exclusive bargaining representative. In the
10
case of bargaining for a successor sectoral agreement, an
11
impasse may be deemed to exist if the covered TNCs and
12
exclusive bargaining representative fail to achieve agreement
13
by the end of a 60-day period preceding the expiration date of
14
a prior determination by the Department as provided for in
15
subsection (i).
16

(g) Upon impasse, any of the affected covered TNCs or the
17
exclusive bargaining representative may request the Board to
18
render assistance as provided in this Section.
19

(h) Upon receiving a timely request from an exclusive
20
bargaining representative or covered TNC for commencement of
21
an impasse proceeding, the Board shall aid the parties as
22
follows:
23

(1) To assist the parties to effect a voluntary
24

resolution of the dispute, the Board shall provide the
25

parties with a list of qualified mediators as maintained
26

by the Board within 7 days after the request for

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commencement of impasse proceedings. Within 7 days after
2

receipt of such list, the parties shall either select a
3

mediator from the Board's list or select another mutually
4

agreed mediator. If the parties fail to select a mediator
5

and notify the Board of their selection, within 7 days
6

after the date the Board provided the list of mediators,
7

the Board shall appoint a mediator from the list. The
8

Board shall make such an appointment and notify the
9

parties within 7 days. If the mediator is unable to
10

achieve agreement between the parties concerning an
11

appropriate resolution within 60 days after the Board has
12

provided the parties the list of mediators, any party may
13

petition the Board to refer the dispute to an arbitrator.
14

(2) Upon timely petition of either party, the Board
15

shall refer the dispute to an arbitrator as provided.
16

(3) Each of the affected parties (affected covered
17

TNCs and the exclusive bargaining representative) shall
18

have an equal say in the selection of the arbitrator and
19

each of the affected parties shall share equally the cost
20

of the arbitrator. If the parties are unable to agree upon
21

the arbitrator within 7 days after the Board notifies the
22

covered TNCs of the need to appoint an arbitrator, the
23

Board shall submit to the parties a list of qualified,
24

disinterested persons for the selection of an arbitrator.
25

A representative of each of the parties shall alternately
26

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
2

shall be designated as the arbitrator. Each party shall
3

select its representative for this purpose as it sees fit.
4

A party's failure to agree upon the designation of its
5

representative shall result in the failure of the striking
6

procedure, but shall not impede the Board's appointment of
7

the arbitrator upon such failure. The striking process
8

shall be completed within 5 days after receipt of the
9

Board's list. The representatives who undertake the
10

striking shall notify the Board of the designated
11

arbitrator. If the parties are unable to select the
12

arbitrator within 5 days following receipt of this list,
13

the Board shall appoint the arbitrator.
14

(4) The arbitrator shall hold hearings on all matters
15

related to the dispute, concerning mandatory subjects of
16

bargaining, and any other subject agreed to be submitted
17

by the covered TNCs and the TND organization. The parties
18

may be heard either in person, by counsel, or by other
19

representatives, as they may respectively designate. The
20

arbitrator shall determine the order of presentation by
21

the parties, and shall have discretion and authority to
22

decide all procedural issues that may be raised.
23

(5) The parties may present, either orally or in
24

writing, or both, statements of fact, supporting witnesses
25

and other evidence, and argument of their respective
26

positions with respect to each case. The arbitrator shall

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have authority to require the production of such
2

additional evidence, either oral or written as they may
3

desire from the parties and shall provide at the request
4

of either party that a full and complete record be kept of
5

any such hearings, the cost of such record to be borne by
6

the requesting party. If such a record is created, it
7

shall be shared with all parties regardless of which party
8

paid for it.
9

(6) The arbitrator shall make a just and reasonable
10

determination of the matters in dispute, set forth in
11

paragraph (4) of subsection (h), and within 90 days after
12

the arbitrator's appointment shall issue a determination
13

that shall apply to all covered TNCs and the exclusive
14

bargaining representative. The time period for the
15

arbitrator's determination may be extended by the
16

arbitrator upon good cause shown, or by agreement by the
17

parties. In arriving at such determination, the arbitrator
18

shall specify the basis for their findings, taking into
19

consideration, in addition to any factors recommended by
20

the parties that the arbitrator finds to be consistent
21

with this Act, the following:
22

(i) whether the compensation, benefits, and
23

conditions of work of the TNDs achieve the policy
24

goals set forth in Section 2; such compensation and
25

benefits must take into account the real cost of
26

living, and may substantially exceed any statutory

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minimum wage, and should be a sufficient amount such
2

that the TNDs do not need to rely upon any public
3

benefits;
4

(ii) whether the most efficient way to provide
5

benefits is through a portable benefits fund, and if
6

so, how to best assess each covered TNC a portion of
7

the costs of providing those benefits;
8

(iii) the financial ability of the affected
9

covered TNCs to pay for the compensation and benefits
10

in question and the impact on the delivery of services
11

provided by the covered TNCs;
12

(iv) the establishment of a reasonable
13

deactivation appeals process that will allow TNDs a
14

reasonable expectation of uninterrupted work; and
15

(v) comparison of particularities in regard to
16

other trades or professions, including specifically,
17

hazards of work, physical qualifications, educational
18

qualifications, mental qualifications, job training,
19

and skills.
20

(i) Any sectoral agreement, whether agreed upon between
21
covered TNCs and a TND organization acting as exclusive
22
bargaining representative of TNDs in the bargaining unit or as
23
determined by an arbitrator, under this Act shall be reviewed
24
and approved or disapproved by the Department. In deciding
25
whether to grant approval to such sectoral agreement, the
26
Department's decision shall be based on the factors specified

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in paragraph (6) of subsection (h), and the policies set forth
2
in Section 2. In deciding whether to approve such sectoral
3
agreement, the Department shall afford the exclusive
4
representative, all covered TNCs, and TNDs no more than 30
5
days to submit comments and arguments concerning whether
6
approval is warranted. Within 60 days after the deadline for
7
submitting comments, the Department shall approve or
8
disapprove the sectoral agreement. In the event of
9
disapproval, the Department may make recommendations for
10
amendments to the sectoral agreement that would cause the
11
Department to approve and afford the parties an opportunity to
12
respond to those recommendations. If during the period of time
13
the sectoral agreement is in effect, the Department determines
14
that market conditions have changed, the Department shall give
15
the exclusive bargaining representative, all covered TNCs, and
16
TNDs the opportunity to submit comments and arguments
17
concerning whether the final determination should be modified,
18
and after receiving those comments, the Department may modify
19
the final determination. Any new terms for the bargaining unit
20
shall be set in accordance with the procedures set forth in
21
this Section.
22

(j) A final determination by the Department under this
23
Section is a final order. Any covered TNC or exclusive
24
bargaining representative aggrieved by any such final order
25
may apply for and obtain judicial review in accordance with
26
the provisions of the Administrative Review Law, except that

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such review shall be afforded directly in the Appellate Court
2
for the district in which the aggrieved party resides or
3
transacts business, and provided that such final orders of the
4
Department shall only be overturned if found to be an abuse of
5
discretion. Any direct appeal to the Appellate Court shall be
6
filed within 35 days after the date that a copy of the decision
7
sought to be reviewed was served upon the party affected by the
8
decision. Except in a proceeding brought to review a final
9
order of the Department, the determination of an arbitrator
10
under this Section shall not be subject to judicial review.

11

Section 11.
Applicability of other labor standards.
No
12
sectoral agreement, arbitrator's determination, or final
13
determination by the Department made pursuant to this Act
14
shall diminish or erode any minimum labor standard that would
15
otherwise apply to a TND.

16

Section 12.
Rulemaking.
17

(a) The Board and the Department shall make such rules as
18
may be appropriate to effectuate the purposes and provisions
19
of this Act. In order to provide for the expeditious and timely
20
implementation of the provisions of this Act, such rules may
21
be adopted by the Board or the Department as emergency rules
22
pursuant to Section 5-45 of the Illinois Administrative
23
Procedure Act within 6 months of the effective date of this
24
Act. The adoption of those emergency rules shall be considered

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an emergency and necessary for the public interest, safety,
2
and welfare.
3

(b) The Board may apply, in its discretion, applicable
4
rules adopted under the Illinois Public Labor Relations Act to
5
the extent those procedures are not inconsistent with the
6
procedures specified in this Act. To effect that purpose, the
7
Board may, in its discretion, and to the extent doing so is not
8
inconsistent with the procedures specified in this Act,
9
interpret rules adopted under the Illinois Public Labor
10
Relations Act, referencing "employer" to include a
11
transportation network company, referencing "employee" to
12
include a transportation network driver, and referencing a
13
"labor organization" to include a transportation network
14
driver organization.
15

(c) The rules shall establish the obligations and
16
procedures for the Board and TND organizations to protect TND
17
data from public disclosure and unauthorized use, including:
18
(i) minimization of data collected to what is necessary under
19
this Act; (ii) encryption standards adhering to recognized
20
security protocols; (iii) access controls to ensure that only
21
authorized persons can view or process driver data; (iv) data
22
retention policy; (v) auditing and compliance monitoring; (vi)
23
data breach protocol; (vii) driver notification of data
24
sharing; (viii) driver consent and driver opt-out of data
25
sharing; and (ix) limitations on data use; (x) limiting the
26
disclosure of driver personal identifying information to the

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confidential uses necessary to effectuate this Act and not for
2
the purpose of enforcing federal immigration law or providing
3
it to an agency that primarily enforces immigration law,
4
unless the Board is provided with a lawful court order or
5
judicial warrant signed by a judge appointed pursuant to
6
Article III of the United States Constitution, a federal grand
7
jury or trial subpoena, or as otherwise required by federal
8
law.

9

Section 13.
Public records.
Any record furnished to the
10
Board, Department, or other state agency by a TNC pursuant to
11
this Act including, but not limited to, TND records, shall not
12
be considered a public record as defined in subsection (c) of
13
Section 2 of the Freedom of Information Act. Such records are
14
confidential and shall not be disclosed by the Board or any
15
persons who may be authorized by the Board to process them
16
solely for the purposes of this Act.

17

Section 900.
The Illinois Administrative Procedure Act is
18
amended by adding Section 5-45.71 as follows:

19

(5 ILCS 100/5-45.71 new)
20

Sec. 5-45.71.
Emergency rulemaking; Transportation Network
21
Driver Labor Relations Act.
To provide for the expeditious and
22
timely implementation of the Transportation Network Driver
23
Labor Relations Act, emergency rules implementing the

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Transportation Network Driver Labor Relations Act may be
2
adopted in accordance with Section 5-45 by the Illinois Labor
3
Relations Board or the Department of Labor. The adoption of
4
emergency rules authorized by Section 5-45 and this Section is
5
deemed to be necessary for the public interest, safety, and
6
welfare.
7

This Section is repealed one year after the effective date
8
of this amendatory Act of the 104th General Assembly.

9

Section 905.
The Freedom of Information Act is amended by
10
changing Section 7.5 as follows:

11

(5 ILCS 140/7.5)
12

(Text of Section before amendment by P.A. 104-441 and
13
104-457
)
14

Sec. 7.5.
Statutory exemptions.
To the extent provided for
15
by the statutes referenced below, the following shall be
16
exempt from inspection and copying:
17

(a) All information determined to be confidential
18

under Section 4002 of the Technology Advancement and
19

Development Act.
20

(b) Library circulation and order records identifying
21

library users with specific materials under the Library
22

Records Confidentiality Act.
23

(c) Applications, related documents, and medical
24

records received by the Experimental Organ Transplantation

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Procedures Board and any and all documents or other
2

records prepared by the Experimental Organ Transplantation
3

Procedures Board or its staff relating to applications it
4

has received.
5

(d) Information and records held by the Department of
6

Public Health and its authorized representatives relating
7

to known or suspected cases of sexually transmitted
8

infection or any information the disclosure of which is
9

restricted under the Illinois Sexually Transmitted
10

Infection Control Act.
11

(e) Information the disclosure of which is exempted
12

under Section 30 of the Radon Industry Licensing Act.
13

(f) Firm performance evaluations under Section 55 of
14

the Architectural, Engineering, and Land Surveying
15

Qualifications Based Selection Act.
16

(g) Information the disclosure of which is restricted
17

and exempted under Section 50 of the Illinois Prepaid
18

Tuition Act.
19

(h) Information the disclosure of which is exempted
20

under the State Officials and Employees Ethics Act, and
21

records of any lawfully created State or local inspector
22

general's office that would be exempt if created or
23

obtained by an Executive Inspector General's office under
24

that Act.
25

(i) Information contained in a local emergency energy
26

plan submitted to a municipality in accordance with a

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local emergency energy plan ordinance that is adopted
2

under Section 11-21.5-5 of the Illinois Municipal Code.
3

(j) Information and data concerning the distribution
4

of surcharge moneys collected and remitted by carriers
5

under the Emergency Telephone System Act.
6

(k) Law enforcement officer identification information
7

or driver identification information compiled by a law
8

enforcement agency or the Department of Transportation
9

under Section 11-212 of the Illinois Vehicle Code.
10

(l) Records and information provided to a residential
11

health care facility resident sexual assault and death
12

review team or the Executive Council under the Abuse
13

Prevention Review Team Act.
14

(m) Information provided to the predatory lending
15

database created pursuant to Article 3 of the Residential
16

Real Property Disclosure Act, except to the extent
17

authorized under that Article.
18

(n) Defense budgets and petitions for certification of
19

compensation and expenses for court appointed trial
20

counsel as provided under Sections 10 and 15 of the
21

Capital Crimes Litigation Act (repealed). This subsection
22

(n) shall apply until the conclusion of the trial of the
23

case, even if the prosecution chooses not to pursue the
24

death penalty prior to trial or sentencing.
25

(o) Information that is prohibited from being
26

disclosed under Section 4 of the Illinois Health and

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1

Hazardous Substances Registry Act.
2

(p) Security portions of system safety program plans,
3

investigation reports, surveys, schedules, lists, data, or
4

information compiled, collected, or prepared by or for the
5

Department of Transportation under Sections 2705-300 and
6

2705-616 of the Department of Transportation Law of the
7

Civil Administrative Code of Illinois, the Regional
8

Transportation Authority under Section 2.11 of the
9

Regional Transportation Authority Act, or the St. Clair
10

County Transit District under the Bi-State Transit Safety
11

Act (repealed).
12

(q) Information prohibited from being disclosed by the
13

Personnel Record Review Act.
14

(r) Information prohibited from being disclosed by the
15

Illinois School Student Records Act.
16

(s) Information the disclosure of which is restricted
17

under Section 5-108 of the Public Utilities Act.
18

(t) (Blank).
19

(u) Records and information provided to an independent
20

team of experts under the Developmental Disability and
21

Mental Health Safety Act (also known as Brian's Law).
22

(v) Names and information of people who have applied
23

for or received Firearm Owner's Identification Cards under
24

the Firearm Owners Identification Card Act or applied for
25

or received a concealed carry license under the Firearm
26

Concealed Carry Act, unless otherwise authorized by the

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Firearm Concealed Carry Act; and databases under the
2

Firearm Concealed Carry Act, records of the Concealed
3

Carry Licensing Review Board under the Firearm Concealed
4

Carry Act, and law enforcement agency objections under the
5

Firearm Concealed Carry Act.
6

(v-5) Records of the Firearm Owner's Identification
7

Card Review Board that are exempted from disclosure under
8

Section 10 of the Firearm Owners Identification Card Act.
9

(w) Personally identifiable information which is
10

exempted from disclosure under subsection (g) of Section
11

19.1 of the Toll Highway Act.
12

(x) Information which is exempted from disclosure
13

under Section 5-1014.3 of the Counties Code or Section
14

8-11-21 of the Illinois Municipal Code.
15

(y) Confidential information under the Adult
16

Protective Services Act and its predecessor enabling
17

statute, the Elder Abuse and Neglect Act, including
18

information about the identity and administrative finding
19

against any caregiver of a verified and substantiated
20

decision of abuse, neglect, or financial exploitation of
21

an eligible adult maintained in the Registry established
22

under Section 7.5 of the Adult Protective Services Act.
23

(z) Records and information provided to a fatality
24

review team or the Illinois Fatality Review Team Advisory
25

Council under Section 15 of the Adult Protective Services
26

Act.

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(aa) Information which is exempted from disclosure
2

under Section 2.37 of the Wildlife Code.
3

(bb) Information which is or was prohibited from
4

disclosure by the Juvenile Court Act of 1987.
5

(cc) Recordings made under the Law Enforcement
6

Officer-Worn Body Camera Act, except to the extent
7

authorized under that Act.
8

(dd) Information that is prohibited from being
9

disclosed under Section 45 of the Condominium and Common
10

Interest Community Ombudsperson Act.
11

(ee) Information that is exempted from disclosure
12

under Section 30.1 of the Pharmacy Practice Act.
13

(ff) Information that is exempted from disclosure
14

under the Revised Uniform Unclaimed Property Act.
15

(gg) Information that is prohibited from being
16

disclosed under Section 7-603.5 of the Illinois Vehicle
17

Code.
18

(hh) Records that are exempt from disclosure under
19

Section 1A-16.7 of the Election Code.
20

(ii) Information which is exempted from disclosure
21

under Section 2505-800 of the Department of Revenue Law of
22

the Civil Administrative Code of Illinois.
23

(jj) Information and reports that are required to be
24

submitted to the Department of Labor by registering day
25

and temporary labor service agencies but are exempt from
26

disclosure under subsection (a-1) of Section 45 of the Day

SB2906
- 55 -
LRB104 18506 SPS 31948 b
1

and Temporary Labor Services Act.
2

(kk) Information prohibited from disclosure under the
3

Seizure and Forfeiture Reporting Act.
4

(ll) Information the disclosure of which is restricted
5

and exempted under Section 5-30.8 of the Illinois Public
6

Aid Code.
7

(mm) Records that are exempt from disclosure under
8

Section 4.2 of the Crime Victims Compensation Act.
9

(nn) Information that is exempt from disclosure under
10

Section 70 of the Higher Education Student Assistance Act.
11

(oo) Communications, notes, records, and reports
12

arising out of a peer support counseling session
13

prohibited from disclosure under the First Responders
14

Suicide Prevention Act.
15

(pp) Names and all identifying information relating to
16

an employee of an emergency services provider or law
17

enforcement agency under the First Responders Suicide
18

Prevention Act.
19

(qq) Information and records held by the Department of
20

Public Health and its authorized representatives collected
21

under the Reproductive Health Act.
22

(rr) Information that is exempt from disclosure under
23

the Cannabis Regulation and Tax Act.
24

(ss) Data reported by an employer to the Department of
25

Human Rights pursuant to Section 2-108 of the Illinois
26

Human Rights Act.

SB2906
- 56 -
LRB104 18506 SPS 31948 b
1

(tt) Recordings made under the Children's Advocacy
2

Center Act, except to the extent authorized under that
3

Act.
4

(uu) Information that is exempt from disclosure under
5

Section 50 of the Sexual Assault Evidence Submission Act.
6

(vv) Information that is exempt from disclosure under
7

subsections (f) and (j) of Section 5-36 of the Illinois
8

Public Aid Code.
9

(ww) Information that is exempt from disclosure under
10

Section 16.8 of the State Treasurer Act.
11

(xx) Information that is exempt from disclosure or
12

information that shall not be made public under the
13

Illinois Insurance Code.
14

(yy) Information prohibited from being disclosed under
15

the Illinois Educational Labor Relations Act.
16

(zz) Information prohibited from being disclosed under
17

the Illinois Public Labor Relations Act.
18

(aaa) Information prohibited from being disclosed
19

under Section 1-167 of the Illinois Pension Code.
20

(bbb) Information that is prohibited from disclosure
21

by the Illinois Police Training Act and the Illinois State
22

Police Act.
23

(ccc) Records exempt from disclosure under Section
24

2605-304 of the Illinois State Police Law of the Civil
25

Administrative Code of Illinois.
26

(ddd) Information prohibited from being disclosed

SB2906
- 57 -
LRB104 18506 SPS 31948 b
1

under Section 35 of the Address Confidentiality for
2

Victims of Domestic Violence, Sexual Assault, Human
3

Trafficking, or Stalking Act.
4

(eee) Information prohibited from being disclosed
5

under subsection (b) of Section 75 of the Domestic
6

Violence Fatality Review Act.
7

(fff) Images from cameras under the Expressway Camera
8

Act and all automated license plate reader (ALPR)
9

information used and collected by the Illinois State
10

Police. "ALPR information" means information gathered by
11

an ALPR or created from the analysis of data generated by
12

an ALPR. This subsection (fff) is inoperative on and after
13

July 1, 2028.
14

(ggg) Information prohibited from disclosure under
15

paragraph (3) of subsection (a) of Section 14 of the Nurse
16

Agency Licensing Act.
17

(hhh) Information submitted to the Illinois State
18

Police in an affidavit or application for an assault
19

weapon endorsement, assault weapon attachment endorsement,
20

.50 caliber rifle endorsement, or .50 caliber cartridge
21

endorsement under the Firearm Owners Identification Card
22

Act.
23

(iii) Data exempt from disclosure under Section 50 of
24

the School Safety Drill Act.
25

(jjj) Information exempt from disclosure under Section
26

30 of the Insurance Data Security Law.

SB2906
- 58 -
LRB104 18506 SPS 31948 b
1

(kkk) Confidential business information prohibited
2

from disclosure under Section 45 of the Paint Stewardship
3

Act.
4

(lll) Data exempt from disclosure under Section
5

2-3.196 of the School Code.
6

(mmm) Information prohibited from being disclosed
7

under subsection (e) of Section 1-129 of the Illinois
8

Power Agency Act.
9

(nnn) Materials received by the Department of Commerce
10

and Economic Opportunity that are confidential under the
11

Music and Musicians Tax Credit and Jobs Act.
12

(ooo) Data or information provided pursuant to Section
13

20 of the Statewide Recycling Needs and Assessment Act.
14

(ppp) Information that is exempt from disclosure under
15

Section 28-11 of the Lawful Health Care Activity Act.
16

(qqq) Information that is exempt from disclosure under
17

Section 7-101 of the Illinois Human Rights Act.
18

(rrr) Information prohibited from being disclosed
19

under Section 4-2 of the Uniform Money Transmission
20

Modernization Act.
21

(sss) Information exempt from disclosure under Section
22

40 of the Student-Athlete Endorsement Rights Act.
23

(ttt) Audio recordings made under Section 30 of the
24

Illinois State Police Act, except to the extent authorized
25

under that Section.
26

(uuu) Information prohibited from being disclosed

SB2906
- 59 -
LRB104 18506 SPS 31948 b
1

under Section 30-5 of the Digital Assets Regulation Act.
2

(vvv) Information prohibited or exempt from being
3

disclosed under the Transportation Network Driver Labor
4

Relations Act.

5
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
6
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
7
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
8
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
9
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
10
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
11
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
12
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
13
9-10-25.)

14

(Text of Section after amendment by P.A. 104-457 but
15
before 104-441
)
16

Sec. 7.5.
Statutory exemptions.
To the extent provided for
17
by the statutes referenced below, the following shall be
18
exempt from inspection and copying:
19

(a) All information determined to be confidential
20

under Section 4002 of the Technology Advancement and
21

Development Act.
22

(b) Library circulation and order records identifying
23

library users with specific materials under the Library
24

Records Confidentiality Act.
25

(c) Applications, related documents, and medical

SB2906
- 60 -
LRB104 18506 SPS 31948 b
1

records received by the Experimental Organ Transplantation
2

Procedures Board and any and all documents or other
3

records prepared by the Experimental Organ Transplantation
4

Procedures Board or its staff relating to applications it
5

has received.
6

(d) Information and records held by the Department of
7

Public Health and its authorized representatives relating
8

to known or suspected cases of sexually transmitted
9

infection or any information the disclosure of which is
10

restricted under the Illinois Sexually Transmitted
11

Infection Control Act.
12

(e) Information the disclosure of which is exempted
13

under Section 30 of the Radon Industry Licensing Act.
14

(f) Firm performance evaluations under Section 55 of
15

the Architectural, Engineering, and Land Surveying
16

Qualifications Based Selection Act.
17

(g) Information the disclosure of which is restricted
18

and exempted under Section 50 of the Illinois Prepaid
19

Tuition Act.
20

(h) Information the disclosure of which is exempted
21

under the State Officials and Employees Ethics Act, and
22

records of any lawfully created State or local inspector
23

general's office that would be exempt if created or
24

obtained by an Executive Inspector General's office under
25

that Act.
26

(i) Information contained in a local emergency energy

SB2906
- 61 -
LRB104 18506 SPS 31948 b
1

plan submitted to a municipality in accordance with a
2

local emergency energy plan ordinance that is adopted
3

under Section 11-21.5-5 of the Illinois Municipal Code.
4

(j) Information and data concerning the distribution
5

of surcharge moneys collected and remitted by carriers
6

under the Emergency Telephone System Act.
7

(k) Law enforcement officer identification information
8

or driver identification information compiled by a law
9

enforcement agency or the Department of Transportation
10

under Section 11-212 of the Illinois Vehicle Code.
11

(l) Records and information provided to a residential
12

health care facility resident sexual assault and death
13

review team or the Executive Council under the Abuse
14

Prevention Review Team Act.
15

(m) Information provided to the predatory lending
16

database created pursuant to Article 3 of the Residential
17

Real Property Disclosure Act, except to the extent
18

authorized under that Article.
19

(n) Defense budgets and petitions for certification of
20

compensation and expenses for court appointed trial
21

counsel as provided under Sections 10 and 15 of the
22

Capital Crimes Litigation Act (repealed). This subsection
23

(n) shall apply until the conclusion of the trial of the
24

case, even if the prosecution chooses not to pursue the
25

death penalty prior to trial or sentencing.
26

(o) Information that is prohibited from being

SB2906
- 62 -
LRB104 18506 SPS 31948 b
1

disclosed under Section 4 of the Illinois Health and
2

Hazardous Substances Registry Act.
3

(p) Security portions of system safety program plans,
4

investigation reports, surveys, schedules, lists, data, or
5

information compiled, collected, or prepared by or for the
6

Department of Transportation under Sections 2705-300 and
7

2705-616 of the Department of Transportation Law of the
8

Civil Administrative Code of Illinois, the Northern
9

Illinois Transit Authority under Section 2.11 of the
10

Northern Illinois Transit Authority Act, or the St. Clair
11

County Transit District under the Bi-State Transit Safety
12

Act (repealed).
13

(q) Information prohibited from being disclosed by the
14

Personnel Record Review Act.
15

(r) Information prohibited from being disclosed by the
16

Illinois School Student Records Act.
17

(s) Information the disclosure of which is restricted
18

under Section 5-108 of the Public Utilities Act.
19

(t) (Blank).
20

(u) Records and information provided to an independent
21

team of experts under the Developmental Disability and
22

Mental Health Safety Act (also known as Brian's Law).
23

(v) Names and information of people who have applied
24

for or received Firearm Owner's Identification Cards under
25

the Firearm Owners Identification Card Act or applied for
26

or received a concealed carry license under the Firearm

SB2906
- 63 -
LRB104 18506 SPS 31948 b
1

Concealed Carry Act, unless otherwise authorized by the
2

Firearm Concealed Carry Act; and databases under the
3

Firearm Concealed Carry Act, records of the Concealed
4

Carry Licensing Review Board under the Firearm Concealed
5

Carry Act, and law enforcement agency objections under the
6

Firearm Concealed Carry Act.
7

(v-5) Records of the Firearm Owner's Identification
8

Card Review Board that are exempted from disclosure under
9

Section 10 of the Firearm Owners Identification Card Act.
10

(w) Personally identifiable information which is
11

exempted from disclosure under subsection (g) of Section
12

19.1 of the Toll Highway Act.
13

(x) Information which is exempted from disclosure
14

under Section 5-1014.3 of the Counties Code or Section
15

8-11-21 of the Illinois Municipal Code.
16

(y) Confidential information under the Adult
17

Protective Services Act and its predecessor enabling
18

statute, the Elder Abuse and Neglect Act, including
19

information about the identity and administrative finding
20

against any caregiver of a verified and substantiated
21

decision of abuse, neglect, or financial exploitation of
22

an eligible adult maintained in the Registry established
23

under Section 7.5 of the Adult Protective Services Act.
24

(z) Records and information provided to a fatality
25

review team or the Illinois Fatality Review Team Advisory
26

Council under Section 15 of the Adult Protective Services

SB2906
- 64 -
LRB104 18506 SPS 31948 b
1

Act.
2

(aa) Information which is exempted from disclosure
3

under Section 2.37 of the Wildlife Code.
4

(bb) Information which is or was prohibited from
5

disclosure by the Juvenile Court Act of 1987.
6

(cc) Recordings made under the Law Enforcement
7

Officer-Worn Body Camera Act, except to the extent
8

authorized under that Act.
9

(dd) Information that is prohibited from being
10

disclosed under Section 45 of the Condominium and Common
11

Interest Community Ombudsperson Act.
12

(ee) Information that is exempted from disclosure
13

under Section 30.1 of the Pharmacy Practice Act.
14

(ff) Information that is exempted from disclosure
15

under the Revised Uniform Unclaimed Property Act.
16

(gg) Information that is prohibited from being
17

disclosed under Section 7-603.5 of the Illinois Vehicle
18

Code.
19

(hh) Records that are exempt from disclosure under
20

Section 1A-16.7 of the Election Code.
21

(ii) Information which is exempted from disclosure
22

under Section 2505-800 of the Department of Revenue Law of
23

the Civil Administrative Code of Illinois.
24

(jj) Information and reports that are required to be
25

submitted to the Department of Labor by registering day
26

and temporary labor service agencies but are exempt from

SB2906
- 65 -
LRB104 18506 SPS 31948 b
1

disclosure under subsection (a-1) of Section 45 of the Day
2

and Temporary Labor Services Act.
3

(kk) Information prohibited from disclosure under the
4

Seizure and Forfeiture Reporting Act.
5

(ll) Information the disclosure of which is restricted
6

and exempted under Section 5-30.8 of the Illinois Public
7

Aid Code.
8

(mm) Records that are exempt from disclosure under
9

Section 4.2 of the Crime Victims Compensation Act.
10

(nn) Information that is exempt from disclosure under
11

Section 70 of the Higher Education Student Assistance Act.
12

(oo) Communications, notes, records, and reports
13

arising out of a peer support counseling session
14

prohibited from disclosure under the First Responders
15

Suicide Prevention Act.
16

(pp) Names and all identifying information relating to
17

an employee of an emergency services provider or law
18

enforcement agency under the First Responders Suicide
19

Prevention Act.
20

(qq) Information and records held by the Department of
21

Public Health and its authorized representatives collected
22

under the Reproductive Health Act.
23

(rr) Information that is exempt from disclosure under
24

the Cannabis Regulation and Tax Act.
25

(ss) Data reported by an employer to the Department of
26

Human Rights pursuant to Section 2-108 of the Illinois

SB2906
- 66 -
LRB104 18506 SPS 31948 b
1

Human Rights Act.
2

(tt) Recordings made under the Children's Advocacy
3

Center Act, except to the extent authorized under that
4

Act.
5

(uu) Information that is exempt from disclosure under
6

Section 50 of the Sexual Assault Evidence Submission Act.
7

(vv) Information that is exempt from disclosure under
8

subsections (f) and (j) of Section 5-36 of the Illinois
9

Public Aid Code.
10

(ww) Information that is exempt from disclosure under
11

Section 16.8 of the State Treasurer Act.
12

(xx) Information that is exempt from disclosure or
13

information that shall not be made public under the
14

Illinois Insurance Code.
15

(yy) Information prohibited from being disclosed under
16

the Illinois Educational Labor Relations Act.
17

(zz) Information prohibited from being disclosed under
18

the Illinois Public Labor Relations Act.
19

(aaa) Information prohibited from being disclosed
20

under Section 1-167 of the Illinois Pension Code.
21

(bbb) Information that is prohibited from disclosure
22

by the Illinois Police Training Act and the Illinois State
23

Police Act.
24

(ccc) Records exempt from disclosure under Section
25

2605-304 of the Illinois State Police Law of the Civil
26

Administrative Code of Illinois.

SB2906
- 67 -
LRB104 18506 SPS 31948 b
1

(ddd) Information prohibited from being disclosed
2

under Section 35 of the Address Confidentiality for
3

Victims of Domestic Violence, Sexual Assault, Human
4

Trafficking, or Stalking Act.
5

(eee) Information prohibited from being disclosed
6

under subsection (b) of Section 75 of the Domestic
7

Violence Fatality Review Act.
8

(fff) Images from cameras under the Expressway Camera
9

Act and all automated license plate reader (ALPR)
10

information used and collected by the Illinois State
11

Police. "ALPR information" means information gathered by
12

an ALPR or created from the analysis of data generated by
13

an ALPR. This subsection (fff) is inoperative on and after
14

July 1, 2028.
15

(ggg) Information prohibited from disclosure under
16

paragraph (3) of subsection (a) of Section 14 of the Nurse
17

Agency Licensing Act.
18

(hhh) Information submitted to the Illinois State
19

Police in an affidavit or application for an assault
20

weapon endorsement, assault weapon attachment endorsement,
21

.50 caliber rifle endorsement, or .50 caliber cartridge
22

endorsement under the Firearm Owners Identification Card
23

Act.
24

(iii) Data exempt from disclosure under Section 50 of
25

the School Safety Drill Act.
26

(jjj) Information exempt from disclosure under Section

SB2906
- 68 -
LRB104 18506 SPS 31948 b
1

30 of the Insurance Data Security Law.
2

(kkk) Confidential business information prohibited
3

from disclosure under Section 45 of the Paint Stewardship
4

Act.
5

(lll) Data exempt from disclosure under Section
6

2-3.196 of the School Code.
7

(mmm) Information prohibited from being disclosed
8

under subsection (e) of Section 1-129 of the Illinois
9

Power Agency Act.
10

(nnn) Materials received by the Department of Commerce
11

and Economic Opportunity that are confidential under the
12

Music and Musicians Tax Credit and Jobs Act.
13

(ooo) Data or information provided pursuant to Section
14

20 of the Statewide Recycling Needs and Assessment Act.
15

(ppp) Information that is exempt from disclosure under
16

Section 28-11 of the Lawful Health Care Activity Act.
17

(qqq) Information that is exempt from disclosure under
18

Section 7-101 of the Illinois Human Rights Act.
19

(rrr) Information prohibited from being disclosed
20

under Section 4-2 of the Uniform Money Transmission
21

Modernization Act.
22

(sss) Information exempt from disclosure under Section
23

40 of the Student-Athlete Endorsement Rights Act.
24

(ttt) Audio recordings made under Section 30 of the
25

Illinois State Police Act, except to the extent authorized
26

under that Section.

SB2906
- 69 -
LRB104 18506 SPS 31948 b
1

(uuu) Information prohibited from being disclosed
2

under Section 30-5 of the Digital Assets Regulation Act.
3

(vvv) Information prohibited or exempt from being
4

disclosed under the Transportation Network Driver Labor
5

Relations Act.

6
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
7
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
8
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
9
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
10
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
11
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
12
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
13
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
14
6-1-26; revised 1-7-26.)

15

(Text of Section after amendment by P.A. 104-441
)
16

Sec. 7.5.
Statutory exemptions.
To the extent provided for
17
by the statutes referenced below, the following shall be
18
exempt from inspection and copying:
19

(a) All information determined to be confidential
20

under Section 4002 of the Technology Advancement and
21

Development Act.
22

(b) Library circulation and order records identifying
23

library users with specific materials under the Library
24

Records Confidentiality Act.
25

(c) Applications, related documents, and medical

SB2906
- 70 -
LRB104 18506 SPS 31948 b
1

records received by the Experimental Organ Transplantation
2

Procedures Board and any and all documents or other
3

records prepared by the Experimental Organ Transplantation
4

Procedures Board or its staff relating to applications it
5

has received.
6

(d) Information and records held by the Department of
7

Public Health and its authorized representatives relating
8

to known or suspected cases of sexually transmitted
9

infection or any information the disclosure of which is
10

restricted under the Illinois Sexually Transmitted
11

Infection Control Act.
12

(e) Information the disclosure of which is exempted
13

under Section 30 of the Radon Industry Licensing Act.
14

(f) Firm performance evaluations under Section 55 of
15

the Architectural, Engineering, and Land Surveying
16

Qualifications Based Selection Act.
17

(g) Information the disclosure of which is restricted
18

and exempted under Section 50 of the Illinois Prepaid
19

Tuition Act.
20

(h) Information the disclosure of which is exempted
21

under the State Officials and Employees Ethics Act, and
22

records of any lawfully created State or local inspector
23

general's office that would be exempt if created or
24

obtained by an Executive Inspector General's office under
25

that Act.
26

(i) Information contained in a local emergency energy

SB2906
- 71 -
LRB104 18506 SPS 31948 b
1

plan submitted to a municipality in accordance with a
2

local emergency energy plan ordinance that is adopted
3

under Section 11-21.5-5 of the Illinois Municipal Code.
4

(j) Information and data concerning the distribution
5

of surcharge moneys collected and remitted by carriers
6

under the Emergency Telephone System Act.
7

(k) Law enforcement officer identification information
8

or driver identification information compiled by a law
9

enforcement agency or the Department of Transportation
10

under Section 11-212 of the Illinois Vehicle Code.
11

(l) Records and information provided to a residential
12

health care facility resident sexual assault and death
13

review team or the Executive Council under the Abuse
14

Prevention Review Team Act.
15

(m) Information provided to the predatory lending
16

database created pursuant to Article 3 of the Residential
17

Real Property Disclosure Act, except to the extent
18

authorized under that Article.
19

(n) Defense budgets and petitions for certification of
20

compensation and expenses for court appointed trial
21

counsel as provided under Sections 10 and 15 of the
22

Capital Crimes Litigation Act (repealed). This subsection
23

(n) shall apply until the conclusion of the trial of the
24

case, even if the prosecution chooses not to pursue the
25

death penalty prior to trial or sentencing.
26

(o) Information that is prohibited from being

SB2906
- 72 -
LRB104 18506 SPS 31948 b
1

disclosed under Section 4 of the Illinois Health and
2

Hazardous Substances Registry Act.
3

(p) Security portions of system safety program plans,
4

investigation reports, surveys, schedules, lists, data, or
5

information compiled, collected, or prepared by or for the
6

Department of Transportation under Sections 2705-300 and
7

2705-616 of the Department of Transportation Law of the
8

Civil Administrative Code of Illinois, the Northern
9

Illinois Transit Authority under Section 2.11 of the
10

Northern Illinois Transit Authority Act, or the St. Clair
11

County Transit District under the Bi-State Transit Safety
12

Act (repealed).
13

(q) Information prohibited from being disclosed by the
14

Personnel Record Review Act.
15

(r) Information prohibited from being disclosed by the
16

Illinois School Student Records Act.
17

(s) Information the disclosure of which is restricted
18

under Section 5-108 of the Public Utilities Act.
19

(t) (Blank).
20

(u) Records and information provided to an independent
21

team of experts under the Developmental Disability and
22

Mental Health Safety Act (also known as Brian's Law).
23

(v) Names and information of people who have applied
24

for or received Firearm Owner's Identification Cards under
25

the Firearm Owners Identification Card Act or applied for
26

or received a concealed carry license under the Firearm

SB2906
- 73 -
LRB104 18506 SPS 31948 b
1

Concealed Carry Act, unless otherwise authorized by the
2

Firearm Concealed Carry Act; and databases under the
3

Firearm Concealed Carry Act, records of the Concealed
4

Carry Licensing Review Board under the Firearm Concealed
5

Carry Act, and law enforcement agency objections under the
6

Firearm Concealed Carry Act.
7

(v-5) Records of the Firearm Owner's Identification
8

Card Review Board that are exempted from disclosure under
9

Section 10 of the Firearm Owners Identification Card Act.
10

(w) Personally identifiable information which is
11

exempted from disclosure under subsection (g) of Section
12

19.1 of the Toll Highway Act.
13

(x) Information which is exempted from disclosure
14

under Section 5-1014.3 of the Counties Code or Section
15

8-11-21 of the Illinois Municipal Code.
16

(y) Confidential information under the Adult
17

Protective Services Act and its predecessor enabling
18

statute, the Elder Abuse and Neglect Act, including
19

information about the identity and administrative finding
20

against any caregiver of a verified and substantiated
21

decision of abuse, neglect, or financial exploitation of
22

an eligible adult maintained in the Registry established
23

under Section 7.5 of the Adult Protective Services Act.
24

(z) Records and information provided to a fatality
25

review team or the Illinois Fatality Review Team Advisory
26

Council under Section 15 of the Adult Protective Services

SB2906
- 74 -
LRB104 18506 SPS 31948 b
1

Act.
2

(aa) Information which is exempted from disclosure
3

under Section 2.37 of the Wildlife Code.
4

(bb) Information which is or was prohibited from
5

disclosure by the Juvenile Court Act of 1987.
6

(cc) Recordings made under the Law Enforcement
7

Officer-Worn Body Camera Act, except to the extent
8

authorized under that Act.
9

(dd) Information that is prohibited from being
10

disclosed under Section 45 of the Condominium and Common
11

Interest Community Ombudsperson Act.
12

(ee) Information that is exempted from disclosure
13

under Section 30.1 of the Pharmacy Practice Act.
14

(ff) Information that is exempted from disclosure
15

under the Revised Uniform Unclaimed Property Act.
16

(gg) Information that is prohibited from being
17

disclosed under Section 7-603.5 of the Illinois Vehicle
18

Code.
19

(hh) Records that are exempt from disclosure under
20

Section 1A-16.7 of the Election Code.
21

(ii) Information which is exempted from disclosure
22

under Section 2505-800 of the Department of Revenue Law of
23

the Civil Administrative Code of Illinois.
24

(jj) Information and reports that are required to be
25

submitted to the Department of Labor by registering day
26

and temporary labor service agencies but are exempt from

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1

disclosure under subsection (a-1) of Section 45 of the Day
2

and Temporary Labor Services Act.
3

(kk) Information prohibited from disclosure under the
4

Seizure and Forfeiture Reporting Act.
5

(ll) Information the disclosure of which is restricted
6

and exempted under Section 5-30.8 of the Illinois Public
7

Aid Code.
8

(mm) Records that are exempt from disclosure under
9

Section 4.2 of the Crime Victims Compensation Act.
10

(nn) Information that is exempt from disclosure under
11

Section 70 of the Higher Education Student Assistance Act.
12

(oo) Communications, notes, records, and reports
13

arising out of a peer support counseling session
14

prohibited from disclosure under the First Responders
15

Suicide Prevention Act.
16

(pp) Names and all identifying information relating to
17

an employee of an emergency services provider or law
18

enforcement agency under the First Responders Suicide
19

Prevention Act.
20

(qq) Information and records held by the Department of
21

Public Health and its authorized representatives collected
22

under the Reproductive Health Act.
23

(rr) Information that is exempt from disclosure under
24

the Cannabis Regulation and Tax Act.
25

(ss) Data reported by an employer to the Department of
26

Human Rights pursuant to Section 2-108 of the Illinois

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1

Human Rights Act.
2

(tt) Recordings made under the Children's Advocacy
3

Center Act, except to the extent authorized under that
4

Act.
5

(uu) Information that is exempt from disclosure under
6

Section 50 of the Sexual Assault Evidence Submission Act.
7

(vv) Information that is exempt from disclosure under
8

subsections (f) and (j) of Section 5-36 of the Illinois
9

Public Aid Code.
10

(ww) Information that is exempt from disclosure under
11

Section 16.8 of the State Treasurer Act.
12

(xx) Information that is exempt from disclosure or
13

information that shall not be made public under the
14

Illinois Insurance Code.
15

(yy) Information prohibited from being disclosed under
16

the Illinois Educational Labor Relations Act.
17

(zz) Information prohibited from being disclosed under
18

the Illinois Public Labor Relations Act.
19

(aaa) Information prohibited from being disclosed
20

under Section 1-167 of the Illinois Pension Code.
21

(bbb) Information that is prohibited from disclosure
22

by the Illinois Police Training Act and the Illinois State
23

Police Act.
24

(ccc) Records exempt from disclosure under Section
25

2605-304 of the Illinois State Police Law of the Civil
26

Administrative Code of Illinois.

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(ddd) Information prohibited from being disclosed
2

under Section 35 of the Address Confidentiality for
3

Victims of Domestic Violence, Sexual Assault, Human
4

Trafficking, or Stalking Act.
5

(eee) Information prohibited from being disclosed
6

under subsection (b) of Section 75 of the Domestic
7

Violence Fatality Review Act.
8

(fff) Images from cameras under the Expressway Camera
9

Act and all automated license plate reader (ALPR)
10

information used and collected by the Illinois State
11

Police. "ALPR information" means information gathered by
12

an ALPR or created from the analysis of data generated by
13

an ALPR. This subsection (fff) is inoperative on and after
14

July 1, 2028.
15

(ggg) Information prohibited from disclosure under
16

paragraph (3) of subsection (a) of Section 14 of the Nurse
17

Agency Licensing Act.
18

(hhh) Information submitted to the Illinois State
19

Police in an affidavit or application for an assault
20

weapon endorsement, assault weapon attachment endorsement,
21

.50 caliber rifle endorsement, or .50 caliber cartridge
22

endorsement under the Firearm Owners Identification Card
23

Act.
24

(iii) Data exempt from disclosure under Section 50 of
25

the School Safety Drill Act.
26

(jjj) Information exempt from disclosure under Section

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30 of the Insurance Data Security Law.
2

(kkk) Confidential business information prohibited
3

from disclosure under Section 45 of the Paint Stewardship
4

Act.
5

(lll) Data exempt from disclosure under Section
6

2-3.196 of the School Code.
7

(mmm) Information prohibited from being disclosed
8

under subsection (e) of Section 1-129 of the Illinois
9

Power Agency Act.
10

(nnn) Materials received by the Department of Commerce
11

and Economic Opportunity that are confidential under the
12

Music and Musicians Tax Credit and Jobs Act.
13

(ooo) Data or information provided pursuant to Section
14

20 of the Statewide Recycling Needs and Assessment Act.
15

(ppp) Information that is exempt from disclosure under
16

Section 28-11 of the Lawful Health Care Activity Act.
17

(qqq) Information that is exempt from disclosure under
18

Section 7-101 of the Illinois Human Rights Act.
19

(rrr) Information prohibited from being disclosed
20

under Section 4-2 of the Uniform Money Transmission
21

Modernization Act.
22

(sss) Information exempt from disclosure under Section
23

40 of the Student-Athlete Endorsement Rights Act.
24

(ttt) Audio recordings made under Section 30 of the
25

Illinois State Police Act, except to the extent authorized
26

under that Section.

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(uuu) Information prohibited from being disclosed
2

under Section 30-5 of the Digital Assets Regulation Act.
3

(vvv)

(uuu)
Information exempt from disclosure under
4

Section 70 of the End-of-Life Options for Terminally Ill
5

Patients Act.
6

(www) Information prohibited or exempt from being
7

disclosed under the Transportation Network Driver Labor
8

Relations Act.

9
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
10
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
11
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
12
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
13
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
14
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
15
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
16
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
17
9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)

18

Section 910.
The Labor Dispute Act is amended by changing
19
Section 1.3 as follows:

20

(820 ILCS 5/1.3)
21

Sec. 1.3.
Definitions.
As used in Section 1.2 through 1.5:
22

"Employee" means any individual permitted to work by an
23
employer in an occupation.
"Employee" includes any
24
transportation network driver, as that term is defined in the

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1
Transportation Network Driver Labor Relations Act.

2

"Employer" means any individual, partnership, association,
3
corporation, business trust, governmental or
4
quasi-governmental body, or any person or group of persons
5
that employs any person to work, labor, or exercise skill in
6
connection with the operation of any business, industry,
7
vocation, or occupation.
"Employer" includes any
8
transportation network company, as defined in the
9
Transportation Network Driver Labor Relations Act, with
10
respect to its engagement or contracting of transportation
11
network drivers. With respect to transportation network
12
drivers and transportation network companies, the term
13
"employment" shall include the engagement or contracting of a
14
transportation network driver by a transportation network
15
company to provide transportation network company services, as
16
those terms are defined in the Transportation Network Driver
17
Labor Relations Act.

18

"Picketing" means the stationing of a person for an
19
organization to apprise the public by signs or other means of
20
the existence of a dispute pursuant to the National Labor
21
Relations Act, 29 U.S.C. 151 et seq., and the Labor Management
22
Relations Act, 29 U.S.C. 141 et seq
, or the Transportation
23
Network Driver Labor Relations Act
.
24

"Dispute" includes any controversy concerning terms or
25
conditions of employment, or concerning the association or
26
representation of persons in negotiating, fixing, maintaining,

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1
changing, or seeking to arrange terms or conditions of
2
employment or other protest, regardless of whether or not the
3
disputants stand in the proximate relationship of employer and
4
employee.
5

"Public right of way" means that portion of the highway or
6
street adjacent to the roadway for accommodating stopped
7
vehicles or for emergency use; or that portion of a street
8
between the curb lines, or the lateral lines of a roadway, and
9
the adjacent property lines.
10

"Temporary sign" means a sign or other display or device
11
that is not permanently affixed and is capable of being
12
removed at the end of each day or shift.
13

"Temporary shelter" means a tent or shelter that is not
14
permanently affixed and is capable of being removed at the end
15
of each day or shift, not to exceed 300 square feet in size.
16
(Source: P.A. 94-321, eff. 1-1-06.)

17

Section 995.
No acceleration or delay.
Where this Act
18
makes changes in a statute that is represented in this Act by
19
text that is not yet or no longer in effect (for example, a
20
Section represented by multiple versions), the use of that
21
text does not accelerate or delay the taking effect of (i) the
22
changes made by this Act or (ii) provisions derived from any
23
other Public Act.

24

Section 997.
Severability.
The provisions of this Act

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1
shall be severable as provided in Section 1.31 of the Statute
2
on Statutes; notwithstanding that, if the definition of the
3
"transportation network driver" is held to be preempted by the
4
National Labor Relations Act, 29 U.S.C. 141 et seq., by a court
5
of competent jurisdiction and such determination is not
6
reversed after exhaustion of all appeals, no provision of this
7
Act shall be deemed valid or given force of law.

8

Section 999.
Effective date.
This Act takes effect upon
9
becoming law.

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