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SB3680 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3680
Introduced 2/5/2026, by Sen. Mike Simmons
SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 140/7.5
Creates the Transportation Network Drivers Labor Relations Act.
Defines "transportation network driver" as an individual who operates a
motor vehicle that: (i) is owned, leased, or otherwise authorized for use
by the individual; (ii) is not a taxicab or for-hire public passenger
vehicle; and (iii) is used to provide transportation network company
services. Provides that transportation network drivers have the right of
self-organization, to form, join, or assist transportation network driver
organizations, and to bargain collectively. Sets forth provisions
concerning unfair labor practices; the designation of bargaining
representatives; administrative fees; bargaining, impasse resolution
procedures, and final determinations by the Department of Labor;
applicability of other labor standards; and rulemaking. Amends the Freedom
of Information Act to make a conforming change.
LRB104 20106 SPS 33557 b
A BILL FOR
SB3680
LRB104 20106 SPS 33557 b
1
AN ACT concerning employment.
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 Drivers Labor Relations Act.
6
Section 2.
Policy.
7
(a) Technological advancement has generated new digital
8
marketplaces in the transportation sector, in which companies
9
connect, through electronic media, customers seeking passenger
10
transportation services to persons willing to supply that
11
transportation service. These persons often suffer poor pay,
12
inadequate health coverage, safety risks, and irregular or
13
inadequate working hours.
14
(b) It is the public policy of this State to displace
15
competition with regulation of the terms and conditions of
16
work for transportation network company drivers set forth in
17
this Act and, consistent with this policy, to exempt from
18
federal and State antitrust laws, the formation of
19
transportation network driver organizations and to grant
20
transportation network drivers full freedom of association,
21
self-organization, and designation of representatives of their
22
own choosing to negotiate their compensation, benefits, and
23
other terms and conditions of work.
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(c) It is the purpose of this Act to regulate labor
2
relations between transportation network companies and
3
transportation network drivers, including the designation of
4
driver representatives, negotiation of compensation, benefits,
5
and other terms and conditions of work, and resolution of
6
disputes arising under collective bargaining agreements.
7
(d) It is the purpose of this Act to prescribe the
8
legitimate rights of both transportation network company
9
drivers and transportation network companies, to protect the
10
public health and safety of the citizens of Illinois, and to
11
provide peaceful and orderly procedures for protection of the
12
rights of all.
13
Section 3.
Definitions.
As used in this Act, unless the
14
context otherwise requires:
15
"Active transportation network company driver" or "active
16
TNC driver" means a TNC driver who has completed at least the
17
minimum number of rides determined by the Board under Section
18
16 during the past 6 months that originated in this State with
19
a TNC's platform.
20
"Bargain collectively" means the performance of the mutual
21
obligation of the TNC or its designated representative and the
22
representative of the TNC drivers to meet at reasonable times,
23
including meetings in advance of the budget-making process,
24
and to negotiate in good faith with respect to compensation,
25
benefits, and other terms and conditions of work not excluded
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1
by Section 4, or the negotiation of an agreement, or any
2
question arising thereunder and the execution of a written
3
contract incorporating any agreement reached if requested by
4
either party, but the obligation does not compel either party
5
to agree to a proposal or require the making of a concession.
6
"Board" means the Illinois Labor Relations Board or its
7
Local Panel.
8
"Collective bargaining" means bargaining over
9
compensation, benefits, and other terms and conditions of
10
work.
11
"Company union" means any committee, TNC driver
12
representation plan, or association of workers or others that
13
exists for the purpose, in whole or in part, of dealing with
14
TNCs concerning grievances or terms and conditions of work for
15
TNC drivers, which: (1) a TNC has initiated or created or whose
16
initiation or creation it has suggested, participated in or in
17
the formulation of whose governing rules or policies or the
18
conducting of whose management, operations or elections the
19
TNC participates in or supervises; or (2) which the TNC
20
maintains, finances, controls, dominates, or assists in
21
maintaining or financing unless required to do so by this Act
22
or any rules implementing this Act, whether by compensating
23
anyone for services performed in its behalf or by donating
24
free services, equipment, materials, office or meeting space,
25
or anything else of value, or by any other means. For the
26
purposes of this definition, a TNC driver organization shall
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1
not be deemed a company union only because it has negotiated or
2
been granted the right to designate workers to be released
3
with pay for the purpose of providing representational
4
services in labor-management affairs on behalf of workers
5
represented by the TNC driver organization, or where, in the
6
course of providing representational services to workers for
7
whom it is the exclusive bargaining representative, a TNC
8
allows agents of the TNC driver organization to meet with
9
workers at the TNC's premises.
10
"Exclusive bargaining representative" means a TNC driver
11
organization certified by the Board, in accordance with this
12
Act, as the representative of TNC drivers in a bargaining
13
unit.
14
"Lockout" means a refusal by a TNC to permit a TNC driver
15
normal access to the TNC's means of connecting TNC drivers to
16
individuals seeking transportation service as a result of a
17
dispute with the workers or a TNC driver organization
18
representing the workers that affects compensation, benefits,
19
and other terms and conditions of work, provided that a
20
lockout shall not include a termination of engagement of a
21
worker for good cause that does not involve the worker
22
exercising any rights guaranteed by this Act.
23
"Transportation network company" or "TNC" means an entity
24
operating in this State that uses a digital network or
25
software application service to connect passengers to
26
transportation network company services provided by
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1
transportation network company drivers. For the purposes of
2
this definition, a TNC is not deemed to own, control, operate,
3
or manage the vehicles used by TNC drivers, and is not a
4
taxicab association or a for-hire vehicle owner.
5
"Transportation network company driver" or "TNC driver"
6
means an individual who operates a motor vehicle that is:
7
(1) owned, leased, or otherwise authorized for use by
8
the individual;
9
(2) not a taxicab or for-hire public passenger
10
vehicle; and
11
(3) used to provide transportation network company
12
services.
13
"Transportation network company driver" or "TNC driver"
14
does not include any individual, who, with respect to the
15
provision of services through a TNC's online-enabled
16
application or platform, is determined by a final order of a
17
court of competent jurisdiction or the National Labor
18
Relations Board, or declared by a TNC to be a person who is an
19
employee within the meaning of 29 U.S.C. 152(3) or within the
20
meaning 26 CFR 31.3121(d)-1 or 31.3401(c)-1.
21
"Transportation network company driver organization" or
22
"TNC driver organization" means any organization in which TNC
23
drivers participate and that exists for the purpose, in whole
24
or in part, of dealing with a TNC concerning compensation,
25
benefits, and other terms and conditions of work, including
26
the settlement of grievances.
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Section 4.
Management rights.
TNCs shall not be required
2
to bargain over matters of inherent managerial policy, which
3
shall include the areas of discretion or policy as the
4
functions of the TNC, standards of services, its overall
5
budget, and the selection of new TNC drivers and direction of
6
TNC drivers. TNCs shall be required to bargain collectively
7
with regard to policy matters directly affecting compensation,
8
benefits, and other terms and conditions of work as well as the
9
impact thereon upon request by exclusive bargaining
10
representatives.
11
Section 5.
Illinois Labor Relations Board; Local Panel.
12
The Local Panel of the Illinois Labor Relations Board shall
13
have jurisdiction over collective bargaining matters between
14
TNCs, TNC driver organizations, and TNC drivers. In making its
15
report under subsection (e) of Section 5 of the Illinois
16
Public Labor Relations Act, the Local Panel shall report data
17
for public employees and TNC drivers both separately and in
18
the aggregate.
19
Section 6.
Right to organize and bargain collectively;
20
exclusive representation.
21
(a) TNC drivers shall have the right of self-organization,
22
to form, join, or assist TNC driver organizations, to bargain
23
collectively through representatives of their own choosing,
SB3680
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1
and to engage in concerted activities, for the purpose of
2
collective bargaining or other mutual aid or protection free
3
from interference, restraint, or coercion by TNCs, and shall
4
also have the right to refrain from any of these activities.
5
Nothing in this Act shall be interpreted to prohibit TNC
6
drivers from exercising the right to confer with TNCs at any
7
time, provided that during the conference there is no attempt
8
by the TNC, directly or indirectly, to interfere with,
9
restrain or coerce the workers in the exercise of the rights
10
guaranteed by this section.
11
(b) Nothing in this Act prevents a TNC driver from
12
presenting a grievance to the TNC and having the grievance
13
heard and settled without the intervention of a TNC
14
organization; provided that any settlement made shall not be
15
inconsistent with the terms of any collective bargaining
16
agreement in effect between the TNC and the exclusive
17
bargaining representative.
18
Section 7.
Driver information.
19
(a) Upon request by the Board, and at the completion of
20
each calendar quarter thereafter, each TNC shall provide the
21
Board with information that identifies all TNC drivers who
22
completed 5 or more rides that originated in this State on the
23
TNC's platform in the previous 6 months. Each TNC shall
24
provide this information within 2 weeks after the end of each
25
calendar quarter (March 31, June 30, September 30, and
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1
December 31). The information shall include only the name,
2
driver's license number, most recent email address, mailing
3
address, and phone number of the TNC driver and the number of
4
rides the TNC driver completed through the TNC's platform in
5
the previous 6 months.
6
(b) At the time the TNC provides the list, it shall also
7
provide it to the exclusive bargaining representative, if any.
8
(c) Any record furnished to the Board or other state
9
agency by a TNC under this Act, including, but not limited to,
10
TNC driver records, shall not be considered a public record as
11
defined in Section 2(c) of the Freedom of Information Act. The
12
records are confidential and shall not be disclosed by the
13
Board or by any persons who may be authorized by the Board to
14
control or process them solely for purposes of this Act. The
15
records shall not be disclosed for the purpose of enforcing
16
federal immigration law or provided to an agency that
17
primarily enforces immigration law.
18
Section 8.
Elections; recognition.
19
(a) For purposes of this Act, each TNC driver shall be
20
included in a company-wide bargaining unit of all TNC drivers
21
working for the same TNC.
22
(b) Upon the request of a TNC driver organization, the
23
Board shall make a determination that the organization has
24
been designated as bargaining representative by at least 5% of
25
active TNC drivers in the bargaining unit.
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1
(c) Once the Board determines that the TNC driver
2
organization has been designated as the bargaining
3
representative of at least 5% of active TNC drivers in the
4
bargaining unit, the Board shall:
5
(1) require each TNC to send a notice, in a form
6
determined by the Board, that the TNC driver organization
7
is seeking to represent TNC drivers for the purpose of
8
initiating a bargaining process in order to establish
9
terms and conditions of work; and
10
(2) provide the TNC driver organization with a
11
complete list of names, phone numbers, mailing address,
12
and email address for all active TNC drivers in the
13
bargaining unit.
14
The Board will provide the TNC driver organization with an
15
updated list each quarter for the next year.
16
For 6 months from the date of the Board's determination
17
that a TNC driver organization has met the 5% threshold in a
18
bargaining unit, no other TNC driver organization may be
19
certified as the exclusive bargaining representative of those
20
workers without an election.
21
(d) A TNC driver organization that provides evidence to
22
the Board that it has been designated as bargaining
23
representative by 30% of active drivers in the bargaining unit
24
shall be certified as the exclusive bargaining representative
25
of all TNC driver in the bargaining unit. If a TNC driver
26
organization that has been designated as the bargaining
SB3680
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1
representative of at least 5% of active TNC drivers in the
2
bargaining unit may petition the Board to conduct an election.
3
The election shall be conducted as expeditiously as possible,
4
and if the TNC driver organization receives a majority of
5
valid votes cast, it shall be certified as the exclusive
6
bargaining representative.
7
(e) If a TNC driver organization seeking certification as
8
the exclusive bargaining representative provides evidence that
9
shows that less than a majority of active TNC drivers have
10
designated the TNC driver organization as their bargaining
11
representative, the Board shall wait 7 days before certifying
12
the TNC driver organization as exclusive bargaining
13
representative. If, during those 7 days, another TNC driver
14
organization provides evidence that at least 30% of active TNC
15
drivers in the bargaining unit have designated it as their
16
bargaining representative, or a TNC driver provides evidence
17
that at least 30% of active TNC drivers in the bargaining unit
18
do not wish to be represented by any TNC driver organization,
19
then the Board shall hold an election among all active TNC
20
drivers in the bargaining unit. The election shall be
21
conducted as expeditiously as possible. A TNC driver
22
organization receiving a majority of the valid votes cast
23
shall be certified as the exclusive bargaining representative
24
of all TNC drivers in the bargaining unit. When two or more TNC
25
driver organizations are on the ballot and none of the choices
26
(the TNC driver organizations or "no worker organization")
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1
receives a majority of the valid votes cast, there shall be a
2
run-off election between the two choices receiving the largest
3
and second largest number of votes. A TNC driver organization
4
receiving a majority of the valid votes cast in the run-off
5
shall be certified as the exclusive bargaining representative
6
of all TNC drivers in the bargaining unit, and it shall owe a
7
duty to fairly represent all the workers. If a majority of the
8
valid votes cast are for "no worker organization", then the
9
Board will not certify any worker organization as the
10
exclusive bargaining representative. For purposes of this
11
subsection, the operative list of active TNC driver shall be
12
based on the most recent quarterly list provided by the TNCs in
13
accordance with Section 7.
14
Section 9.
Dues.
15
(a) A TNC driver organization that has been certified as
16
the exclusive bargaining representative with respect to the
17
bargaining unit shall have a right to voluntary membership
18
dues deduction upon presentation of dues deduction
19
authorization cards signed by individual TNC drivers, which
20
may be in electronic form. A TNC shall commence making the
21
deductions as soon as practicable, but no later than 30 days
22
after receiving proof of a signed dues deduction authorization
23
card, and the dues shall be submitted to the TNC driver
24
organization within 30 days after the deduction. The right to
25
the membership dues deduction shall remain in full force and
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1
effect until an individual revokes membership in the TNC
2
organization in writing in accordance with the terms of the
3
signed authorization. The right to the membership dues
4
deduction shall remain in full force and effect until an
5
individual revokes membership in the TNC driver organization
6
in writing in accordance with the terms of the signed
7
authorization.
8
(b) If a collective bargaining agreement is terminated, or
9
continues in effect beyond its scheduled expiration date
10
pending the negotiation of a successor agreement or the
11
resolution of an impasse, the TNC shall continue to honor and
12
abide by any dues deduction clause until a new agreement is
13
reached, including dues deduction. For the benefit of any
14
successor exclusive bargaining representative certified under
15
this Act, this provision shall be applicable, provided the
16
successor exclusive bargaining representative presents the TNC
17
with TNC driver written authorizations for the deduction of
18
dues, assessments, and fees under this subsection.
19
(c) Upon receipt by the exclusive bargaining
20
representative of an appropriate written authorization from a
21
TNC driver, written notice of authorization shall be provided
22
to the TNC and any authorized deductions shall be made in
23
accordance with law. The TNC driver organization shall
24
indemnify the TNC for any damages and reasonable costs
25
incurred for any claims made by TNC drivers for deductions
26
made in good faith reliance on its notification.
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1
(d) The Board shall have exclusive jurisdiction over
2
claims under State law that allege that a TNC driver
3
organization has unlawfully collected dues from a TNC driver
4
in violation of this Act. The Board shall by rule require that
5
in cases in which a TNC driver alleges that a TNC driver
6
organization has unlawfully collected dues, the TNC shall
7
continue to deduct the TNC driver's dues from the TNC driver's
8
pay, but shall transmit the dues to the Board for deposit in an
9
escrow account maintained by the Board. If the exclusive
10
bargaining representative maintains an escrow account for the
11
purpose of holding dues to which an TNC driver has objected,
12
the TNC shall transmit the entire amount of dues to the
13
exclusive bargaining representative, and the exclusive
14
bargaining representative shall hold in escrow the dues that
15
the TNC would otherwise have been required to transmit to the
16
Board for escrow; provided that the escrow account maintained
17
by the exclusive bargaining representative complies with rules
18
adopted by the Board or that the collective bargaining
19
agreement requiring the payment of the dues contains an
20
indemnification provision for the purpose of indemnifying the
21
TNC with respect to the TNC's transmission of dues to the
22
exclusive bargaining representative.
23
Section 10.
Bargaining.
24
(a) A TNC and the exclusive bargaining representative have
25
the authority and the duty to bargain collectively.
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1
(b) The duty to bargain collectively shall include an
2
obligation to negotiate over any matter with respect to
3
compensation, benefits, and other terms and conditions of
4
work, including criteria for deactivating a TNC driver. If any
5
other law pertains, in part, to a matter affecting
6
compensation, benefits, and other terms and conditions of
7
work, the other law shall not be construed as limiting the duty
8
to bargain collectively and to enter into collective
9
bargaining agreements containing clauses which either
10
supplement, implement, or relate to the effect of the
11
provisions in other laws. The duty to bargain collectively
12
shall also include negotiations as to the terms of a
13
collective bargaining agreement.
14
(c) Notwithstanding any other provision of this Section,
15
whenever collective bargaining is for the purpose of
16
establishing an initial agreement following original
17
certification of an exclusive bargaining agreement, the
18
following apply:
19
(1) Not later than 10 days after receiving a written
20
request for collective bargaining from a TNC driver
21
organization that has been newly certified as an exclusive
22
bargaining representative, or within a further period as
23
the parties agree upon, the parties shall meet and
24
commence to bargain collectively and shall make every
25
reasonable effort to conclude and sign a collective
26
bargaining agreement.
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1
(2) If any time after the expiration of the 90-day
2
period beginning on the date on which bargaining is
3
commenced the parties have failed to reach an agreement,
4
either party may notify the Board of the existence of a
5
dispute and request mediation in accordance with the
6
provisions of Section 14.
7
(d) After a TNC and exclusive bargaining representative
8
have negotiated an agreement, it shall be submitted by the TNC
9
driver organization to a vote by all active TNC drivers in the
10
bargaining unit. If approved by a majority of TNC drivers who
11
vote, the negotiated recommendations shall be submitted to the
12
Director of Labor for approval. If a majority of valid votes
13
cast by the TNC drivers are not in favor of the negotiated
14
recommendations, the TNC driver organization and the TNCs will
15
resume bargaining.
16
(e) The duty to bargain collectively shall also mean that
17
no party to a collective bargaining contract shall terminate
18
or modify the contract, unless the party desiring the
19
termination or modification:
20
(1) serves a written notice upon the other party to
21
the contract of the proposed termination or modification
22
60 days prior to the expiration date thereof, or if the
23
contract contains no expiration date, 60 days prior to the
24
time it is proposed to make the termination or
25
modification;
26
(2) offers to meet and confer with the other party for
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1
the purpose of negotiating a new contract or a contract
2
containing the proposed modifications;
3
(3) notifies the Board within 30 days after the notice
4
of the existence of a dispute, provided no agreement has
5
been reached by that time; and
6
(4) continues in full force and effect, without
7
resorting to strike or lockout, all the terms and
8
conditions of the existing contract for a period of 60
9
days after the notice is given to the other party or until
10
the expiration date of the contract, whichever occurs
11
later.
12
The duties imposed under paragraphs (2), (3) and (4) shall
13
become inapplicable upon an intervening certification of the
14
Board, under which the TNC driver organization, which is a
15
party to the contract, has been superseded as or ceased to be
16
the exclusive bargaining representative of the TNC drivers,
17
and the duties so imposed shall not be construed as requiring
18
either party to discuss or agree to any modification of the
19
terms and conditions contained in a contract for a fixed
20
period, if the modification is to become effective before the
21
terms and conditions can be reopened under the provisions of
22
the contract.
23
Section 11.
Grievance procedure.
24
(a) The collective bargaining agreement negotiated between
25
the TNC and the exclusive bargaining representative shall
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1
contain a grievance resolution procedure which shall apply to
2
all TNC drivers in the bargaining unit and shall provide for
3
final and binding arbitration of disputes concerning the
4
administration or interpretation of the agreement unless
5
mutually agreed otherwise. Any grievance procedure shall
6
include a procedure for resolving claims alleging unjust
7
deactivation. The grievance and arbitration provisions of any
8
collective bargaining agreement shall be subject to the
9
Uniform Arbitration Act. The costs of the arbitration shall be
10
borne equally by the TNC and the TNC driver organization.
11
(b) Exclusive bargaining representatives under this Act
12
are responsible for representing the interests of all TNC
13
drivers in the unit. Nothing in this Section shall be
14
construed to limit an exclusive bargaining representative's
15
right to exercise its discretion to refuse to process
16
grievances of TNC drivers that are unmeritorious.
17
Section 12.
Unfair labor practices.
18
(a) It shall be an unfair labor practice for a TNC to:
19
(1) interfere with, restrain, or coerce TNC drivers in
20
the exercise of the rights guaranteed in this Act;
21
(2) fail or refuse to provide the Board or a TNC driver
22
organization with an accurate list of the names, trips
23
made, and contact information for TNCs, where required by
24
this Act;
25
(3) fail or refuse to provide an exclusive bargaining
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representative with relevant information requested for the
2
performance of its duties as the TNC drivers' exclusive
3
bargaining representative;
4
(3) refuse to negotiate in good faith with an
5
exclusive bargaining representative of TNC drivers engaged
6
with the TNC concerning compensation, benefits, and other
7
terms and conditions of work;
8
(4) lockout TNC drivers;
9
(5) spy upon or keep under surveillance, whether
10
directly or through agents or any other person, any
11
activities of TNC drivers, those workers' representatives,
12
or any other person, or any activities of the workers or
13
those workers' representatives in the exercise of the
14
rights guaranteed by this Act;
15
(6) dominate or interfere with the formation,
16
existence, or administration of any TNC driver
17
organization, or to contribute financial or other support
18
to an organization, directly or indirectly, unless
19
required to by this Act or any rules implementing this
20
Act, including, but not limited to, the following:
21
(A) by participating or assisting in, supervising,
22
or controlling (i) the initiation or creation of an
23
organization or (ii) the meetings, management,
24
operation, elections, formulation or amendment of
25
constitution, rules, or policies of an organization;
26
(B) by offering incentives to TNC drivers to join
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an organization; or
2
(C) by donating free services, equipment,
3
materials, office or meeting space or anything else of
4
value for the use of an organization; provided that a
5
TNC shall not be prohibited from permitting workers to
6
be released with pay for the purpose of providing
7
representational services in labor-management affairs
8
on behalf of workers represented by the TNC driver
9
organization or allowing agents of the TNC driver
10
organization to meet with workers at the TNC's
11
premises.
12
(7) require a TNC driver to join any company union or
13
TNC driver organization or to require a TNC driver to
14
refrain from forming, or joining or assisting a TNC driver
15
organization of their own choosing;
16
(8) encourage membership in any company union or
17
discourage membership in any TNC driver organization, by
18
discrimination in regard to hire, tenure, or in any term
19
or condition of work;
20
(9) discharge or otherwise discriminate against a TNC
21
driver because they have signed or filed any affidavit,
22
petition or complaint or given any information or
23
testimony under this Act;
24
(10) distribute or circulate any blacklist of
25
individuals exercising any right created or confirmed by
26
this Act or of members of a TNC driver organization, or to
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inform any person of the exercise by any individual of the
2
right, or of the membership of any individual in a TNC
3
driver organization for the purpose of preventing
4
individuals so blacklisted or so named from obtaining or
5
retaining opportunities for remuneration;
6
(11) refuse to reduce a collective bargaining
7
agreement to writing or to refuse to sign the agreement;
8
(12) violate any of the rules adopted by the Board
9
with jurisdiction over them relating to the conduct of
10
representation elections or the conduct affecting the
11
representation elections;
12
(13) promise, threaten, or take any action to (i)
13
permanently replace an TNC driver who participates in a
14
lawful strike as provided under Section 20; (ii)
15
discriminate against an TNC driver who is working or has
16
unconditionally offered to return to work for the TNC
17
because the TNC driver supported or participated in a
18
lawful strike; or (iii) lock out, suspend, or otherwise
19
withhold work from TNC drivers in order to influence the
20
position of the TNC drivers or the representative of the
21
TNC drivers in collective bargaining prior to a lawful
22
strike; or
23
(14) fail to comply with the provisions of Section 9
24
regarding TNC driver organization dues.
25
(b) It shall be an unfair labor practice for a TNC driver
26
organization to:
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(1) refuse to collectively bargain in good faith with
2
a TNC, provided it is the exclusive bargaining
3
representative of the TNC's drivers;
4
(2) fail or refuse to provide information requested by
5
a TNC that is relevant to the bargaining process;
6
(3) restrain or coerce TNC drivers in the exercise of
7
the rights guaranteed by this Act; provided that this
8
paragraph shall not impair the right of a TNC driver
9
organization to prescribe its own rules with respect to
10
the acquisition or retention of membership in the
11
organization;
12
(4) fail to fulfill its duty of fair representation
13
toward TNC drivers where it is the exclusive bargaining
14
representative by acts or omissions that are arbitrary,
15
discriminatory, or in bad faith;
16
(5) restrain or coerce a TNC in the selection of its
17
representatives for the purpose of bargaining or the
18
adjustment of grievances;
19
(6) violate any of the rules adopted by the Boards
20
with jurisdiction over them relating to the conduct of
21
representation elections or the conduct affecting the
22
representation elections;
23
(7) discriminate against a TNC driver because they
24
have signed or filed any affidavit, petition or complaint
25
or given any information or testimony under this Act;
26
(8) refuse to reduce a collective bargaining agreement
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to writing or to refuse to sign the agreement; or
2
(9) fail to comply with the provisions of Section 9
3
regarding TNC driver organization dues.
4
(c) The expressing of any views, argument, or opinion or
5
the dissemination thereof, whether in written, printed,
6
graphic, or visual form, shall not constitute or be evidence
7
of an unfair labor practice under any of the provisions of this
8
Act, if the expression contains no threat of reprisal or force
9
or promise of benefit.
10
(d) To prevent unfair labor practices, each TNC shall, at
11
least once each year, send a text message and an email to each
12
of its active TNC drivers in a form determined by the Board
13
notifying the TNC drivers of their rights under this Act, and
14
the procedure for filing an unfair labor practice charge. The
15
TNC shall provide the notice in all languages that the Board
16
determines are likely spoken by 5% or more of TNC drivers. The
17
Board shall also post a copy of this notice on its website.
18
(e) Nothing in this Act shall make it unlawful or an unfair
19
labor practice for TNC drivers to strike.
20
Section 13.
Unfair labor practice procedures.
21
(a) Whenever it is charged that any person has engaged in
22
or is engaging in any unfair labor practice, the Board or any
23
agent designated by the Board for the purposes, shall conduct
24
an investigation of the charge. If after the investigation the
25
Board finds that the charge involves a dispositive issue of
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law or fact the Board shall issue a complaint and cause to be
2
served upon the person a complaint stating the charges,
3
accompanied by a notice of hearing before the Board or a member
4
thereof designated by the Board, or before a qualified hearing
5
officer designated by the Board at the offices of the Board or
6
the other location as the Board deems appropriate, not less
7
than 5 days after serving of the complaint provided that no
8
complaint shall issue based upon any unfair labor practice
9
occurring more than 6 months prior to the filing of a charge
10
with the Board and the service of a copy thereof upon the
11
person against whom the charge is made, unless the person
12
aggrieved thereby did not reasonably have knowledge of the
13
alleged unfair labor practice or was prevented from filing the
14
a charge by reason of service in the armed forces, in which
15
event the 6 month period shall be computed from the date of his
16
discharge. Any 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 or 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
(b) 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
the party be ordered to appear before the Board to testify or
10
produce the requested evidence.
11
(c) 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 the burden by a
18
preponderance of the evidence. If, upon a preponderance of the
19
evidence taken, the Board is of the opinion that any person
20
named in the charge has engaged in or is engaging in an unfair
21
labor practice, then it shall state its findings of fact and
22
shall issue and cause to be served upon the person an order
23
requiring them to cease and desist from the unfair labor
24
practice, and to take the affirmative action, including
25
reinstatement of TNC drivers with or without back pay, as will
26
effectuate the policies of this Act. If the Board awards back
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pay, it shall also award interest at the rate of 7% per annum.
2
The Board's order may further require the person to make
3
reports from time to time, and demonstrate the extent to which
4
they have complied with the order. If there is no
5
preponderance of evidence to indicate to the Board that the
6
person named in the charge has engaged in or is engaging in the
7
unfair labor practice, then the Board shall state its findings
8
of fact and shall issue an order dismissing the complaint. The
9
Board's order may in its discretion also include an
10
appropriate sanction, based on the Board's rules, and the
11
sanction may include an order to pay the other party or
12
parties' reasonable expenses, including costs and reasonable
13
attorney's fees, if the other party has made allegations or
14
denials without reasonable cause and found to be untrue or has
15
engaged in frivolous litigation for the purpose of delay or
16
needless increase in the cost of litigation.
17
(d) Until the record in a case has been filed in court, the
18
Board at any time, upon reasonable notice and in the manner as
19
it deems proper, may modify or set aside, in whole or in part,
20
any finding or order made or issued by it.
21
(e) A charging party or any person aggrieved by a final
22
order of the Board granting or denying in whole or in part the
23
relief sought may apply for and obtain judicial review of an
24
order of the Board entered under this Act, in accordance with
25
the provisions of the Administrative Review Law, as now or
26
hereafter amended, except that judicial review shall be
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afforded directly in the Appellate Court for the district in
2
which the aggrieved party resides or transacts business. Any
3
direct appeal to the Appellate Court shall be filed within 35
4
days after the date that a copy of the decision sought to be
5
reviewed was served upon the party affected by the decision.
6
The filing of an appeal to the Appellate Court shall not
7
automatically stay the enforcement of the Board's order. An
8
aggrieved party may apply to the Appellate Court for a stay of
9
the enforcement of the Board's order after the aggrieved party
10
has followed the procedure prescribed by Supreme Court Rule
11
335. The Board in proceedings under this Section may obtain an
12
order of the court for the enforcement of its order.
13
(f) Whenever it appears that any person has violated a
14
final order of the Board issued under this Section, the Board
15
must commence an action in the name of the People of the State
16
of Illinois by petition, alleging the violation, attaching a
17
copy of the order of the Board, and praying for the issuance of
18
an order directing the person, his officers, agents, servants,
19
successors, and assigns to comply with the order of the Board.
20
The Board shall be represented in this action by the Attorney
21
General in accordance with the Attorney General Act. The court
22
may grant or refuse, in whole or in part, the relief sought,
23
provided that the court may stay an order of the Board in
24
accordance with the Administrative Review Law, pending
25
disposition of the proceedings. The court may punish a
26
violation of its order as in civil contempt.
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(g) The proceedings set forth in paragraph (f) shall be
2
commenced in the Appellate Court for the district where the
3
unfair labor practice which is the subject of the Board's
4
order was committed, or where a person required to cease and
5
desist by the order resides or transacts business.
6
(h) The Board, through the Attorney General, shall have
7
power, upon issuance of an unfair labor practice complaint
8
alleging that a person has engaged in or is engaging in an
9
unfair labor practice, to petition the circuit court where the
10
alleged unfair labor practice which is the subject of the
11
Board's complaint was allegedly committed, or where a person
12
required to cease and desist from the alleged unfair labor
13
practice resides or transacts business, for appropriate
14
temporary relief or restraining order. Upon the filing of any
15
petition, the court shall cause notice thereof to be served
16
upon the persons, and thereupon shall have jurisdiction to
17
grant to the Board the temporary relief or restraining order
18
as it deems just and proper.
19
(i) If an unfair labor practice charge involves the
20
interpretation or application of a collective bargaining
21
agreement and the agreement contains a grievance procedure
22
with binding arbitration as its terminal step, the Board may
23
defer the resolution of the dispute to the grievance and
24
arbitration procedure contained in the agreement.
25
(j) To effectuate this Act's policy, the Board shall
26
establish goals to:(i) ensure effective enforcement of this
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Act through timely and quality consideration and resolution of
2
unfair labor practices with appropriate remedies; and (ii)
3
protect TNC driver free choice with timely and effective
4
mechanisms to resolve questions concerning representation. To
5
measure and report on its success in achieving these goals,
6
the Board shall also establish the following timeliness goals
7
for the processing of unfair labor practice charges:
8
(1) Complete the investigation and issue a complaint,
9
dismissal, or deferral within 100 days after the charges
10
being filed. If the dismissal or deferral is appealed to
11
the Board, issue Board decisions within 90 days after the
12
completion of the Board's process for filing appeals.
13
(2) Upon the issuance of complaints for hearing (i)
14
schedule hearings to begin within 60 days after a
15
complaint's issuance; (ii) issue recommended decisions and
16
orders within 120 days after the close of the record; and
17
(iii) if exceptions to recommended decisions and orders
18
are filed, issue Board decisions within 90 days after the
19
completion of the Board's process for filing exceptions.
20
Section 14.
Mediation.
21
(a) The services of the Public Employees Mediation Roster
22
established under Section 12 of the Illinois Public Labor
23
Relations Act shall be available to TNCs and to TNC driver
24
organizations upon request of the parties for the purposes of
25
mediation of grievances or contract disputes. Upon the request
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of either party, services of the Public Employees Mediation
2
Roster shall be available for purposes of arbitrating disputes
3
over interpretation or application of the terms of an
4
agreement. The members of the Roster shall be appointed by
5
majority vote of the members of both panels. Members shall be
6
impartial, competent, and reputable citizens of the United
7
States, residents of this State, and shall qualify by taking
8
and subscribing to the constitutional oath or affirmation of
9
office. The function of the mediator shall be to communicate
10
with the TNC and exclusive bargaining representative or their
11
representatives and to endeavor to bring about an amicable and
12
voluntary settlement. Compensation of Roster members for
13
services performed as mediators shall be paid equally by the
14
parties to a mediated labor dispute. The Board shall have
15
authority, but not the obligation, to adopt rules setting
16
compensation levels for members of the Roster, and
17
establishing procedures for suspension or dismissal of
18
mediators for good cause shown following hearing.
19
(b) A mediator in a mediated labor dispute shall be
20
selected by the Board from among the members of the Roster.
21
(c) Nothing in this Act or any other law prohibits the use
22
of other mediators selected by the parties for the resolution
23
of disputes over interpretation or application of the terms or
24
conditions of the collective bargaining agreements between a
25
TNC and a TNC driver organization.
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Section 15.
Prohibitions.
Nothing in this Act shall be
2
construed to: (i) require an individual TNC driver to render
3
labor or service without his consent or make the quitting of
4
his labor by an individual TNC driver an illegal act; or (ii)
5
require any court to issue any process to compel the
6
performance by an individual TNC driver of the labor or
7
service without his consent.
8
The quitting of labor by an TNC driver or TNC drivers in
9
good faith because of abnormally dangerous conditions for work
10
at the place of employment of the TNC driver be deemed a strike
11
under this Act.
12
Section 16.
Rules.
The Board shall adopt rules and as may
13
be appropriate to effectuate the purposes and provisions of
14
this Act. The rules shall:
15
(1) establish the obligations and procedures for the
16
Board and TNC driver organizations to protect TNC driver
17
data from public disclosure and unauthorized use,
18
including:
19
(A) minimization of data collected to what is
20
necessary under this Act;
21
(B) encryption standards adhering to recognized
22
security protocols;
23
(C) access controls to ensure that only authorized
24
persons can view or process driver data;
25
(D) data retention policy;
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(E) auditing and compliance monitoring;
2
(F) data breach protocol;
3
(G) driver notification of data sharing;
4
(H) driver consent and driver opt-out of data
5
sharing;
6
(I) limitations on data use; and
7
(J) limiting the disclosure of driver personal
8
identifying information to the confidential uses
9
necessary to effectuate this Act and not for the
10
purpose of enforcing federal immigration law or
11
provided to an agency that primarily enforces
12
immigration law, unless the Board is provided with a
13
lawful court order or judicial warrant signed by a
14
judge appointed pursuant to Article III of the United
15
States Constitution, a federal grand jury or trial
16
subpoena, or as otherwise required by federal law;
17
(2) establish procedures for verifying TNC driver
18
organization representation evidence;
19
(3) establish the specific subjects of bargaining
20
under terms and conditions of work;
21
(4) establish election procedures for exclusive
22
bargaining representations; specify how and when TNCs must
23
share driver data with TNC driver organizations while
24
protecting drivers' privacy and complying with data
25
security laws;
26
(5) establish complaint and grievance processes;
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(6) establish mediation and arbitration rules; and
2
(7) establish standards and procedures for Board
3
oversight of bargaining agreements.
4
Section 17.
Multi-year bargaining agreements.
5
Transportation network companies and exclusive bargaining
6
representatives may negotiate multi-year collective bargaining
7
agreements in accordance with the provisions of this Act.
8
Section 18.
Relation to other laws.
The provisions of the
9
Labor Dispute Act apply to this Act.
10
Section 19.
Minimum labor standards.
No agreement or
11
determination made in accordance with this Act shall diminish
12
any minimum labor standard that would otherwise apply to a TNC
13
driver.
14
Section 90.
The Freedom of Information Act is amended by
15
changing Section 7.5 as follows:
16
(5 ILCS 140/7.5)
17
(Text of Section before amendment by P.A. 104-441 and
18
104-457
)
19
Sec. 7.5.
Statutory exemptions.
To the extent provided for
20
by the statutes referenced below, the following shall be
21
exempt from inspection and copying:
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(a) All information determined to be confidential
2
under Section 4002 of the Technology Advancement and
3
Development Act.
4
(b) Library circulation and order records identifying
5
library users with specific materials under the Library
6
Records Confidentiality Act.
7
(c) Applications, related documents, and medical
8
records received by the Experimental Organ Transplantation
9
Procedures Board and any and all documents or other
10
records prepared by the Experimental Organ Transplantation
11
Procedures Board or its staff relating to applications it
12
has received.
13
(d) Information and records held by the Department of
14
Public Health and its authorized representatives relating
15
to known or suspected cases of sexually transmitted
16
infection or any information the disclosure of which is
17
restricted under the Illinois Sexually Transmitted
18
Infection Control Act.
19
(e) Information the disclosure of which is exempted
20
under Section 30 of the Radon Industry Licensing Act.
21
(f) Firm performance evaluations under Section 55 of
22
the Architectural, Engineering, and Land Surveying
23
Qualifications Based Selection Act.
24
(g) Information the disclosure of which is restricted
25
and exempted under Section 50 of the Illinois Prepaid
26
Tuition Act.
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(h) Information the disclosure of which is exempted
2
under the State Officials and Employees Ethics Act, and
3
records of any lawfully created State or local inspector
4
general's office that would be exempt if created or
5
obtained by an Executive Inspector General's office under
6
that Act.
7
(i) Information contained in a local emergency energy
8
plan submitted to a municipality in accordance with a
9
local emergency energy plan ordinance that is adopted
10
under Section 11-21.5-5 of the Illinois Municipal Code.
11
(j) Information and data concerning the distribution
12
of surcharge moneys collected and remitted by carriers
13
under the Emergency Telephone System Act.
14
(k) Law enforcement officer identification information
15
or driver identification information compiled by a law
16
enforcement agency or the Department of Transportation
17
under Section 11-212 of the Illinois Vehicle Code.
18
(l) Records and information provided to a residential
19
health care facility resident sexual assault and death
20
review team or the Executive Council under the Abuse
21
Prevention Review Team Act.
22
(m) Information provided to the predatory lending
23
database created pursuant to Article 3 of the Residential
24
Real Property Disclosure Act, except to the extent
25
authorized under that Article.
26
(n) Defense budgets and petitions for certification of
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compensation and expenses for court appointed trial
2
counsel as provided under Sections 10 and 15 of the
3
Capital Crimes Litigation Act (repealed). This subsection
4
(n) shall apply until the conclusion of the trial of the
5
case, even if the prosecution chooses not to pursue the
6
death penalty prior to trial or sentencing.
7
(o) Information that is prohibited from being
8
disclosed under Section 4 of the Illinois Health and
9
Hazardous Substances Registry Act.
10
(p) Security portions of system safety program plans,
11
investigation reports, surveys, schedules, lists, data, or
12
information compiled, collected, or prepared by or for the
13
Department of Transportation under Sections 2705-300 and
14
2705-616 of the Department of Transportation Law of the
15
Civil Administrative Code of Illinois, the Regional
16
Transportation Authority under Section 2.11 of the
17
Regional Transportation Authority Act, or the St. Clair
18
County Transit District under the Bi-State Transit Safety
19
Act (repealed).
20
(q) Information prohibited from being disclosed by the
21
Personnel Record Review Act.
22
(r) Information prohibited from being disclosed by the
23
Illinois School Student Records Act.
24
(s) Information the disclosure of which is restricted
25
under Section 5-108 of the Public Utilities Act.
26
(t) (Blank).
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(u) Records and information provided to an independent
2
team of experts under the Developmental Disability and
3
Mental Health Safety Act (also known as Brian's Law).
4
(v) Names and information of people who have applied
5
for or received Firearm Owner's Identification Cards under
6
the Firearm Owners Identification Card Act or applied for
7
or received a concealed carry license under the Firearm
8
Concealed Carry Act, unless otherwise authorized by the
9
Firearm Concealed Carry Act; and databases under the
10
Firearm Concealed Carry Act, records of the Concealed
11
Carry Licensing Review Board under the Firearm Concealed
12
Carry Act, and law enforcement agency objections under the
13
Firearm Concealed Carry Act.
14
(v-5) Records of the Firearm Owner's Identification
15
Card Review Board that are exempted from disclosure under
16
Section 10 of the Firearm Owners Identification Card Act.
17
(w) Personally identifiable information which is
18
exempted from disclosure under subsection (g) of Section
19
19.1 of the Toll Highway Act.
20
(x) Information which is exempted from disclosure
21
under Section 5-1014.3 of the Counties Code or Section
22
8-11-21 of the Illinois Municipal Code.
23
(y) Confidential information under the Adult
24
Protective Services Act and its predecessor enabling
25
statute, the Elder Abuse and Neglect Act, including
26
information about the identity and administrative finding
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against any caregiver of a verified and substantiated
2
decision of abuse, neglect, or financial exploitation of
3
an eligible adult maintained in the Registry established
4
under Section 7.5 of the Adult Protective Services Act.
5
(z) Records and information provided to a fatality
6
review team or the Illinois Fatality Review Team Advisory
7
Council under Section 15 of the Adult Protective Services
8
Act.
9
(aa) Information which is exempted from disclosure
10
under Section 2.37 of the Wildlife Code.
11
(bb) Information which is or was prohibited from
12
disclosure by the Juvenile Court Act of 1987.
13
(cc) Recordings made under the Law Enforcement
14
Officer-Worn Body Camera Act, except to the extent
15
authorized under that Act.
16
(dd) Information that is prohibited from being
17
disclosed under Section 45 of the Condominium and Common
18
Interest Community Ombudsperson Act.
19
(ee) Information that is exempted from disclosure
20
under Section 30.1 of the Pharmacy Practice Act.
21
(ff) Information that is exempted from disclosure
22
under the Revised Uniform Unclaimed Property Act.
23
(gg) Information that is prohibited from being
24
disclosed under Section 7-603.5 of the Illinois Vehicle
25
Code.
26
(hh) Records that are exempt from disclosure under
SB3680
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LRB104 20106 SPS 33557 b
1
Section 1A-16.7 of the Election Code.
2
(ii) Information which is exempted from disclosure
3
under Section 2505-800 of the Department of Revenue Law of
4
the Civil Administrative Code of Illinois.
5
(jj) Information and reports that are required to be
6
submitted to the Department of Labor by registering day
7
and temporary labor service agencies but are exempt from
8
disclosure under subsection (a-1) of Section 45 of the Day
9
and Temporary Labor Services Act.
10
(kk) Information prohibited from disclosure under the
11
Seizure and Forfeiture Reporting Act.
12
(ll) Information the disclosure of which is restricted
13
and exempted under Section 5-30.8 of the Illinois Public
14
Aid Code.
15
(mm) Records that are exempt from disclosure under
16
Section 4.2 of the Crime Victims Compensation Act.
17
(nn) Information that is exempt from disclosure under
18
Section 70 of the Higher Education Student Assistance Act.
19
(oo) Communications, notes, records, and reports
20
arising out of a peer support counseling session
21
prohibited from disclosure under the First Responders
22
Suicide Prevention Act.
23
(pp) Names and all identifying information relating to
24
an employee of an emergency services provider or law
25
enforcement agency under the First Responders Suicide
26
Prevention Act.
SB3680
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LRB104 20106 SPS 33557 b
1
(qq) Information and records held by the Department of
2
Public Health and its authorized representatives collected
3
under the Reproductive Health Act.
4
(rr) Information that is exempt from disclosure under
5
the Cannabis Regulation and Tax Act.
6
(ss) Data reported by an employer to the Department of
7
Human Rights pursuant to Section 2-108 of the Illinois
8
Human Rights Act.
9
(tt) Recordings made under the Children's Advocacy
10
Center Act, except to the extent authorized under that
11
Act.
12
(uu) Information that is exempt from disclosure under
13
Section 50 of the Sexual Assault Evidence Submission Act.
14
(vv) Information that is exempt from disclosure under
15
subsections (f) and (j) of Section 5-36 of the Illinois
16
Public Aid Code.
17
(ww) Information that is exempt from disclosure under
18
Section 16.8 of the State Treasurer Act.
19
(xx) Information that is exempt from disclosure or
20
information that shall not be made public under the
21
Illinois Insurance Code.
22
(yy) Information prohibited from being disclosed under
23
the Illinois Educational Labor Relations Act.
24
(zz) Information prohibited from being disclosed under
25
the Illinois Public Labor Relations Act.
26
(aaa) Information prohibited from being disclosed
SB3680
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LRB104 20106 SPS 33557 b
1
under Section 1-167 of the Illinois Pension Code.
2
(bbb) Information that is prohibited from disclosure
3
by the Illinois Police Training Act and the Illinois State
4
Police Act.
5
(ccc) Records exempt from disclosure under Section
6
2605-304 of the Illinois State Police Law of the Civil
7
Administrative Code of Illinois.
8
(ddd) Information prohibited from being disclosed
9
under Section 35 of the Address Confidentiality for
10
Victims of Domestic Violence, Sexual Assault, Human
11
Trafficking, or Stalking Act.
12
(eee) Information prohibited from being disclosed
13
under subsection (b) of Section 75 of the Domestic
14
Violence Fatality Review Act.
15
(fff) Images from cameras under the Expressway Camera
16
Act and all automated license plate reader (ALPR)
17
information used and collected by the Illinois State
18
Police. "ALPR information" means information gathered by
19
an ALPR or created from the analysis of data generated by
20
an ALPR. This subsection (fff) is inoperative on and after
21
July 1, 2028.
22
(ggg) Information prohibited from disclosure under
23
paragraph (3) of subsection (a) of Section 14 of the Nurse
24
Agency Licensing Act.
25
(hhh) Information submitted to the Illinois State
26
Police in an affidavit or application for an assault
SB3680
- 41 -
LRB104 20106 SPS 33557 b
1
weapon endorsement, assault weapon attachment endorsement,
2
.50 caliber rifle endorsement, or .50 caliber cartridge
3
endorsement under the Firearm Owners Identification Card
4
Act.
5
(iii) Data exempt from disclosure under Section 50 of
6
the School Safety Drill Act.
7
(jjj) Information exempt from disclosure under Section
8
30 of the Insurance Data Security Law.
9
(kkk) Confidential business information prohibited
10
from disclosure under Section 45 of the Paint Stewardship
11
Act.
12
(lll) Data exempt from disclosure under Section
13
2-3.196 of the School Code.
14
(mmm) Information prohibited from being disclosed
15
under subsection (e) of Section 1-129 of the Illinois
16
Power Agency Act.
17
(nnn) Materials received by the Department of Commerce
18
and Economic Opportunity that are confidential under the
19
Music and Musicians Tax Credit and Jobs Act.
20
(ooo) Data or information provided pursuant to Section
21
20 of the Statewide Recycling Needs and Assessment Act.
22
(ppp) Information that is exempt from disclosure under
23
Section 28-11 of the Lawful Health Care Activity Act.
24
(qqq) Information that is exempt from disclosure under
25
Section 7-101 of the Illinois Human Rights Act.
26
(rrr) Information prohibited from being disclosed
SB3680
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LRB104 20106 SPS 33557 b
1
under Section 4-2 of the Uniform Money Transmission
2
Modernization Act.
3
(sss) Information exempt from disclosure under Section
4
40 of the Student-Athlete Endorsement Rights Act.
5
(ttt) Audio recordings made under Section 30 of the
6
Illinois State Police Act, except to the extent authorized
7
under that Section.
8
(uuu) Information prohibited from being disclosed
9
under Section 30-5 of the Digital Assets Regulation Act.
10
(vvv) Information prohibited or exempt from being
11
disclosed under the Transportation Network Drivers Labor
12
Relations Act.
13
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
14
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
15
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
16
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
17
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
18
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
19
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
20
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
21
9-10-25.)
22
(Text of Section after amendment by P.A. 104-457 but
23
before 104-441
)
24
Sec. 7.5.
Statutory exemptions.
To the extent provided for
25
by the statutes referenced below, the following shall be
SB3680
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LRB104 20106 SPS 33557 b
1
exempt from inspection and copying:
2
(a) All information determined to be confidential
3
under Section 4002 of the Technology Advancement and
4
Development Act.
5
(b) Library circulation and order records identifying
6
library users with specific materials under the Library
7
Records Confidentiality Act.
8
(c) Applications, related documents, and medical
9
records received by the Experimental Organ Transplantation
10
Procedures Board and any and all documents or other
11
records prepared by the Experimental Organ Transplantation
12
Procedures Board or its staff relating to applications it
13
has received.
14
(d) Information and records held by the Department of
15
Public Health and its authorized representatives relating
16
to known or suspected cases of sexually transmitted
17
infection or any information the disclosure of which is
18
restricted under the Illinois Sexually Transmitted
19
Infection Control Act.
20
(e) Information the disclosure of which is exempted
21
under Section 30 of the Radon Industry Licensing Act.
22
(f) Firm performance evaluations under Section 55 of
23
the Architectural, Engineering, and Land Surveying
24
Qualifications Based Selection Act.
25
(g) Information the disclosure of which is restricted
26
and exempted under Section 50 of the Illinois Prepaid
SB3680
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LRB104 20106 SPS 33557 b
1
Tuition Act.
2
(h) Information the disclosure of which is exempted
3
under the State Officials and Employees Ethics Act, and
4
records of any lawfully created State or local inspector
5
general's office that would be exempt if created or
6
obtained by an Executive Inspector General's office under
7
that Act.
8
(i) Information contained in a local emergency energy
9
plan submitted to a municipality in accordance with a
10
local emergency energy plan ordinance that is adopted
11
under Section 11-21.5-5 of the Illinois Municipal Code.
12
(j) Information and data concerning the distribution
13
of surcharge moneys collected and remitted by carriers
14
under the Emergency Telephone System Act.
15
(k) Law enforcement officer identification information
16
or driver identification information compiled by a law
17
enforcement agency or the Department of Transportation
18
under Section 11-212 of the Illinois Vehicle Code.
19
(l) Records and information provided to a residential
20
health care facility resident sexual assault and death
21
review team or the Executive Council under the Abuse
22
Prevention Review Team Act.
23
(m) Information provided to the predatory lending
24
database created pursuant to Article 3 of the Residential
25
Real Property Disclosure Act, except to the extent
26
authorized under that Article.
SB3680
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LRB104 20106 SPS 33557 b
1
(n) Defense budgets and petitions for certification of
2
compensation and expenses for court appointed trial
3
counsel as provided under Sections 10 and 15 of the
4
Capital Crimes Litigation Act (repealed). This subsection
5
(n) shall apply until the conclusion of the trial of the
6
case, even if the prosecution chooses not to pursue the
7
death penalty prior to trial or sentencing.
8
(o) Information that is prohibited from being
9
disclosed under Section 4 of the Illinois Health and
10
Hazardous Substances Registry Act.
11
(p) Security portions of system safety program plans,
12
investigation reports, surveys, schedules, lists, data, or
13
information compiled, collected, or prepared by or for the
14
Department of Transportation under Sections 2705-300 and
15
2705-616 of the Department of Transportation Law of the
16
Civil Administrative Code of Illinois, the Northern
17
Illinois Transit Authority under Section 2.11 of the
18
Northern Illinois Transit Authority Act, or the St. Clair
19
County Transit District under the Bi-State Transit Safety
20
Act (repealed).
21
(q) Information prohibited from being disclosed by the
22
Personnel Record Review Act.
23
(r) Information prohibited from being disclosed by the
24
Illinois School Student Records Act.
25
(s) Information the disclosure of which is restricted
26
under Section 5-108 of the Public Utilities Act.
SB3680
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LRB104 20106 SPS 33557 b
1
(t) (Blank).
2
(u) Records and information provided to an independent
3
team of experts under the Developmental Disability and
4
Mental Health Safety Act (also known as Brian's Law).
5
(v) Names and information of people who have applied
6
for or received Firearm Owner's Identification Cards under
7
the Firearm Owners Identification Card Act or applied for
8
or received a concealed carry license under the Firearm
9
Concealed Carry Act, unless otherwise authorized by the
10
Firearm Concealed Carry Act; and databases under the
11
Firearm Concealed Carry Act, records of the Concealed
12
Carry Licensing Review Board under the Firearm Concealed
13
Carry Act, and law enforcement agency objections under the
14
Firearm Concealed Carry Act.
15
(v-5) Records of the Firearm Owner's Identification
16
Card Review Board that are exempted from disclosure under
17
Section 10 of the Firearm Owners Identification Card Act.
18
(w) Personally identifiable information which is
19
exempted from disclosure under subsection (g) of Section
20
19.1 of the Toll Highway Act.
21
(x) Information which is exempted from disclosure
22
under Section 5-1014.3 of the Counties Code or Section
23
8-11-21 of the Illinois Municipal Code.
24
(y) Confidential information under the Adult
25
Protective Services Act and its predecessor enabling
26
statute, the Elder Abuse and Neglect Act, including
SB3680
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LRB104 20106 SPS 33557 b
1
information about the identity and administrative finding
2
against any caregiver of a verified and substantiated
3
decision of abuse, neglect, or financial exploitation of
4
an eligible adult maintained in the Registry established
5
under Section 7.5 of the Adult Protective Services Act.
6
(z) Records and information provided to a fatality
7
review team or the Illinois Fatality Review Team Advisory
8
Council under Section 15 of the Adult Protective Services
9
Act.
10
(aa) Information which is exempted from disclosure
11
under Section 2.37 of the Wildlife Code.
12
(bb) Information which is or was prohibited from
13
disclosure by the Juvenile Court Act of 1987.
14
(cc) Recordings made under the Law Enforcement
15
Officer-Worn Body Camera Act, except to the extent
16
authorized under that Act.
17
(dd) Information that is prohibited from being
18
disclosed under Section 45 of the Condominium and Common
19
Interest Community Ombudsperson Act.
20
(ee) Information that is exempted from disclosure
21
under Section 30.1 of the Pharmacy Practice Act.
22
(ff) Information that is exempted from disclosure
23
under the Revised Uniform Unclaimed Property Act.
24
(gg) Information that is prohibited from being
25
disclosed under Section 7-603.5 of the Illinois Vehicle
26
Code.
SB3680
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LRB104 20106 SPS 33557 b
1
(hh) Records that are exempt from disclosure under
2
Section 1A-16.7 of the Election Code.
3
(ii) Information which is exempted from disclosure
4
under Section 2505-800 of the Department of Revenue Law of
5
the Civil Administrative Code of Illinois.
6
(jj) Information and reports that are required to be
7
submitted to the Department of Labor by registering day
8
and temporary labor service agencies but are exempt from
9
disclosure under subsection (a-1) of Section 45 of the Day
10
and Temporary Labor Services Act.
11
(kk) Information prohibited from disclosure under the
12
Seizure and Forfeiture Reporting Act.
13
(ll) Information the disclosure of which is restricted
14
and exempted under Section 5-30.8 of the Illinois Public
15
Aid Code.
16
(mm) Records that are exempt from disclosure under
17
Section 4.2 of the Crime Victims Compensation Act.
18
(nn) Information that is exempt from disclosure under
19
Section 70 of the Higher Education Student Assistance Act.
20
(oo) Communications, notes, records, and reports
21
arising out of a peer support counseling session
22
prohibited from disclosure under the First Responders
23
Suicide Prevention Act.
24
(pp) Names and all identifying information relating to
25
an employee of an emergency services provider or law
26
enforcement agency under the First Responders Suicide
SB3680
- 49 -
LRB104 20106 SPS 33557 b
1
Prevention Act.
2
(qq) Information and records held by the Department of
3
Public Health and its authorized representatives collected
4
under the Reproductive Health Act.
5
(rr) Information that is exempt from disclosure under
6
the Cannabis Regulation and Tax Act.
7
(ss) Data reported by an employer to the Department of
8
Human Rights pursuant to Section 2-108 of the Illinois
9
Human Rights Act.
10
(tt) Recordings made under the Children's Advocacy
11
Center Act, except to the extent authorized under that
12
Act.
13
(uu) Information that is exempt from disclosure under
14
Section 50 of the Sexual Assault Evidence Submission Act.
15
(vv) Information that is exempt from disclosure under
16
subsections (f) and (j) of Section 5-36 of the Illinois
17
Public Aid Code.
18
(ww) Information that is exempt from disclosure under
19
Section 16.8 of the State Treasurer Act.
20
(xx) Information that is exempt from disclosure or
21
information that shall not be made public under the
22
Illinois Insurance Code.
23
(yy) Information prohibited from being disclosed under
24
the Illinois Educational Labor Relations Act.
25
(zz) Information prohibited from being disclosed under
26
the Illinois Public Labor Relations Act.
SB3680
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LRB104 20106 SPS 33557 b
1
(aaa) Information prohibited from being disclosed
2
under Section 1-167 of the Illinois Pension Code.
3
(bbb) Information that is prohibited from disclosure
4
by the Illinois Police Training Act and the Illinois State
5
Police Act.
6
(ccc) Records exempt from disclosure under Section
7
2605-304 of the Illinois State Police Law of the Civil
8
Administrative Code of Illinois.
9
(ddd) Information prohibited from being disclosed
10
under Section 35 of the Address Confidentiality for
11
Victims of Domestic Violence, Sexual Assault, Human
12
Trafficking, or Stalking Act.
13
(eee) Information prohibited from being disclosed
14
under subsection (b) of Section 75 of the Domestic
15
Violence Fatality Review Act.
16
(fff) Images from cameras under the Expressway Camera
17
Act and all automated license plate reader (ALPR)
18
information used and collected by the Illinois State
19
Police. "ALPR information" means information gathered by
20
an ALPR or created from the analysis of data generated by
21
an ALPR. This subsection (fff) is inoperative on and after
22
July 1, 2028.
23
(ggg) Information prohibited from disclosure under
24
paragraph (3) of subsection (a) of Section 14 of the Nurse
25
Agency Licensing Act.
26
(hhh) Information submitted to the Illinois State
SB3680
- 51 -
LRB104 20106 SPS 33557 b
1
Police in an affidavit or application for an assault
2
weapon endorsement, assault weapon attachment endorsement,
3
.50 caliber rifle endorsement, or .50 caliber cartridge
4
endorsement under the Firearm Owners Identification Card
5
Act.
6
(iii) Data exempt from disclosure under Section 50 of
7
the School Safety Drill Act.
8
(jjj) Information exempt from disclosure under Section
9
30 of the Insurance Data Security Law.
10
(kkk) Confidential business information prohibited
11
from disclosure under Section 45 of the Paint Stewardship
12
Act.
13
(lll) Data exempt from disclosure under Section
14
2-3.196 of the School Code.
15
(mmm) Information prohibited from being disclosed
16
under subsection (e) of Section 1-129 of the Illinois
17
Power Agency Act.
18
(nnn) Materials received by the Department of Commerce
19
and Economic Opportunity that are confidential under the
20
Music and Musicians Tax Credit and Jobs Act.
21
(ooo) Data or information provided pursuant to Section
22
20 of the Statewide Recycling Needs and Assessment Act.
23
(ppp) Information that is exempt from disclosure under
24
Section 28-11 of the Lawful Health Care Activity Act.
25
(qqq) Information that is exempt from disclosure under
26
Section 7-101 of the Illinois Human Rights Act.
SB3680
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LRB104 20106 SPS 33557 b
1
(rrr) Information prohibited from being disclosed
2
under Section 4-2 of the Uniform Money Transmission
3
Modernization Act.
4
(sss) Information exempt from disclosure under Section
5
40 of the Student-Athlete Endorsement Rights Act.
6
(ttt) Audio recordings made under Section 30 of the
7
Illinois State Police Act, except to the extent authorized
8
under that Section.
9
(uuu) Information prohibited from being disclosed
10
under Section 30-5 of the Digital Assets Regulation Act.
11
(vvv) Information prohibited or exempt from being
12
disclosed under the Transportation Network Drivers Labor
13
Relations Act.
14
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
15
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
16
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
17
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
18
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
19
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
20
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
21
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
22
6-1-26; revised 1-7-26.)
23
(Text of Section after amendment by P.A. 104-441
)
24
Sec. 7.5.
Statutory exemptions.
To the extent provided for
25
by the statutes referenced below, the following shall be
SB3680
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LRB104 20106 SPS 33557 b
1
exempt from inspection and copying:
2
(a) All information determined to be confidential
3
under Section 4002 of the Technology Advancement and
4
Development Act.
5
(b) Library circulation and order records identifying
6
library users with specific materials under the Library
7
Records Confidentiality Act.
8
(c) Applications, related documents, and medical
9
records received by the Experimental Organ Transplantation
10
Procedures Board and any and all documents or other
11
records prepared by the Experimental Organ Transplantation
12
Procedures Board or its staff relating to applications it
13
has received.
14
(d) Information and records held by the Department of
15
Public Health and its authorized representatives relating
16
to known or suspected cases of sexually transmitted
17
infection or any information the disclosure of which is
18
restricted under the Illinois Sexually Transmitted
19
Infection Control Act.
20
(e) Information the disclosure of which is exempted
21
under Section 30 of the Radon Industry Licensing Act.
22
(f) Firm performance evaluations under Section 55 of
23
the Architectural, Engineering, and Land Surveying
24
Qualifications Based Selection Act.
25
(g) Information the disclosure of which is restricted
26
and exempted under Section 50 of the Illinois Prepaid
SB3680
- 54 -
LRB104 20106 SPS 33557 b
1
Tuition Act.
2
(h) Information the disclosure of which is exempted
3
under the State Officials and Employees Ethics Act, and
4
records of any lawfully created State or local inspector
5
general's office that would be exempt if created or
6
obtained by an Executive Inspector General's office under
7
that Act.
8
(i) Information contained in a local emergency energy
9
plan submitted to a municipality in accordance with a
10
local emergency energy plan ordinance that is adopted
11
under Section 11-21.5-5 of the Illinois Municipal Code.
12
(j) Information and data concerning the distribution
13
of surcharge moneys collected and remitted by carriers
14
under the Emergency Telephone System Act.
15
(k) Law enforcement officer identification information
16
or driver identification information compiled by a law
17
enforcement agency or the Department of Transportation
18
under Section 11-212 of the Illinois Vehicle Code.
19
(l) Records and information provided to a residential
20
health care facility resident sexual assault and death
21
review team or the Executive Council under the Abuse
22
Prevention Review Team Act.
23
(m) Information provided to the predatory lending
24
database created pursuant to Article 3 of the Residential
25
Real Property Disclosure Act, except to the extent
26
authorized under that Article.
SB3680
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LRB104 20106 SPS 33557 b
1
(n) Defense budgets and petitions for certification of
2
compensation and expenses for court appointed trial
3
counsel as provided under Sections 10 and 15 of the
4
Capital Crimes Litigation Act (repealed). This subsection
5
(n) shall apply until the conclusion of the trial of the
6
case, even if the prosecution chooses not to pursue the
7
death penalty prior to trial or sentencing.
8
(o) Information that is prohibited from being
9
disclosed under Section 4 of the Illinois Health and
10
Hazardous Substances Registry Act.
11
(p) Security portions of system safety program plans,
12
investigation reports, surveys, schedules, lists, data, or
13
information compiled, collected, or prepared by or for the
14
Department of Transportation under Sections 2705-300 and
15
2705-616 of the Department of Transportation Law of the
16
Civil Administrative Code of Illinois, the Northern
17
Illinois Transit Authority under Section 2.11 of the
18
Northern Illinois Transit Authority Act, or the St. Clair
19
County Transit District under the Bi-State Transit Safety
20
Act (repealed).
21
(q) Information prohibited from being disclosed by the
22
Personnel Record Review Act.
23
(r) Information prohibited from being disclosed by the
24
Illinois School Student Records Act.
25
(s) Information the disclosure of which is restricted
26
under Section 5-108 of the Public Utilities Act.
SB3680
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LRB104 20106 SPS 33557 b
1
(t) (Blank).
2
(u) Records and information provided to an independent
3
team of experts under the Developmental Disability and
4
Mental Health Safety Act (also known as Brian's Law).
5
(v) Names and information of people who have applied
6
for or received Firearm Owner's Identification Cards under
7
the Firearm Owners Identification Card Act or applied for
8
or received a concealed carry license under the Firearm
9
Concealed Carry Act, unless otherwise authorized by the
10
Firearm Concealed Carry Act; and databases under the
11
Firearm Concealed Carry Act, records of the Concealed
12
Carry Licensing Review Board under the Firearm Concealed
13
Carry Act, and law enforcement agency objections under the
14
Firearm Concealed Carry Act.
15
(v-5) Records of the Firearm Owner's Identification
16
Card Review Board that are exempted from disclosure under
17
Section 10 of the Firearm Owners Identification Card Act.
18
(w) Personally identifiable information which is
19
exempted from disclosure under subsection (g) of Section
20
19.1 of the Toll Highway Act.
21
(x) Information which is exempted from disclosure
22
under Section 5-1014.3 of the Counties Code or Section
23
8-11-21 of the Illinois Municipal Code.
24
(y) Confidential information under the Adult
25
Protective Services Act and its predecessor enabling
26
statute, the Elder Abuse and Neglect Act, including
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information about the identity and administrative finding
2
against any caregiver of a verified and substantiated
3
decision of abuse, neglect, or financial exploitation of
4
an eligible adult maintained in the Registry established
5
under Section 7.5 of the Adult Protective Services Act.
6
(z) Records and information provided to a fatality
7
review team or the Illinois Fatality Review Team Advisory
8
Council under Section 15 of the Adult Protective Services
9
Act.
10
(aa) Information which is exempted from disclosure
11
under Section 2.37 of the Wildlife Code.
12
(bb) Information which is or was prohibited from
13
disclosure by the Juvenile Court Act of 1987.
14
(cc) Recordings made under the Law Enforcement
15
Officer-Worn Body Camera Act, except to the extent
16
authorized under that Act.
17
(dd) Information that is prohibited from being
18
disclosed under Section 45 of the Condominium and Common
19
Interest Community Ombudsperson Act.
20
(ee) Information that is exempted from disclosure
21
under Section 30.1 of the Pharmacy Practice Act.
22
(ff) Information that is exempted from disclosure
23
under the Revised Uniform Unclaimed Property Act.
24
(gg) Information that is prohibited from being
25
disclosed under Section 7-603.5 of the Illinois Vehicle
26
Code.
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(hh) Records that are exempt from disclosure under
2
Section 1A-16.7 of the Election Code.
3
(ii) Information which is exempted from disclosure
4
under Section 2505-800 of the Department of Revenue Law of
5
the Civil Administrative Code of Illinois.
6
(jj) Information and reports that are required to be
7
submitted to the Department of Labor by registering day
8
and temporary labor service agencies but are exempt from
9
disclosure under subsection (a-1) of Section 45 of the Day
10
and Temporary Labor Services Act.
11
(kk) Information prohibited from disclosure under the
12
Seizure and Forfeiture Reporting Act.
13
(ll) Information the disclosure of which is restricted
14
and exempted under Section 5-30.8 of the Illinois Public
15
Aid Code.
16
(mm) Records that are exempt from disclosure under
17
Section 4.2 of the Crime Victims Compensation Act.
18
(nn) Information that is exempt from disclosure under
19
Section 70 of the Higher Education Student Assistance Act.
20
(oo) Communications, notes, records, and reports
21
arising out of a peer support counseling session
22
prohibited from disclosure under the First Responders
23
Suicide Prevention Act.
24
(pp) Names and all identifying information relating to
25
an employee of an emergency services provider or law
26
enforcement agency under the First Responders Suicide
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1
Prevention Act.
2
(qq) Information and records held by the Department of
3
Public Health and its authorized representatives collected
4
under the Reproductive Health Act.
5
(rr) Information that is exempt from disclosure under
6
the Cannabis Regulation and Tax Act.
7
(ss) Data reported by an employer to the Department of
8
Human Rights pursuant to Section 2-108 of the Illinois
9
Human Rights Act.
10
(tt) Recordings made under the Children's Advocacy
11
Center Act, except to the extent authorized under that
12
Act.
13
(uu) Information that is exempt from disclosure under
14
Section 50 of the Sexual Assault Evidence Submission Act.
15
(vv) Information that is exempt from disclosure under
16
subsections (f) and (j) of Section 5-36 of the Illinois
17
Public Aid Code.
18
(ww) Information that is exempt from disclosure under
19
Section 16.8 of the State Treasurer Act.
20
(xx) Information that is exempt from disclosure or
21
information that shall not be made public under the
22
Illinois Insurance Code.
23
(yy) Information prohibited from being disclosed under
24
the Illinois Educational Labor Relations Act.
25
(zz) Information prohibited from being disclosed under
26
the Illinois Public Labor Relations Act.
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(aaa) Information prohibited from being disclosed
2
under Section 1-167 of the Illinois Pension Code.
3
(bbb) Information that is prohibited from disclosure
4
by the Illinois Police Training Act and the Illinois State
5
Police Act.
6
(ccc) Records exempt from disclosure under Section
7
2605-304 of the Illinois State Police Law of the Civil
8
Administrative Code of Illinois.
9
(ddd) Information prohibited from being disclosed
10
under Section 35 of the Address Confidentiality for
11
Victims of Domestic Violence, Sexual Assault, Human
12
Trafficking, or Stalking Act.
13
(eee) Information prohibited from being disclosed
14
under subsection (b) of Section 75 of the Domestic
15
Violence Fatality Review Act.
16
(fff) Images from cameras under the Expressway Camera
17
Act and all automated license plate reader (ALPR)
18
information used and collected by the Illinois State
19
Police. "ALPR information" means information gathered by
20
an ALPR or created from the analysis of data generated by
21
an ALPR. This subsection (fff) is inoperative on and after
22
July 1, 2028.
23
(ggg) Information prohibited from disclosure under
24
paragraph (3) of subsection (a) of Section 14 of the Nurse
25
Agency Licensing Act.
26
(hhh) Information submitted to the Illinois State
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Police in an affidavit or application for an assault
2
weapon endorsement, assault weapon attachment endorsement,
3
.50 caliber rifle endorsement, or .50 caliber cartridge
4
endorsement under the Firearm Owners Identification Card
5
Act.
6
(iii) Data exempt from disclosure under Section 50 of
7
the School Safety Drill Act.
8
(jjj) Information exempt from disclosure under Section
9
30 of the Insurance Data Security Law.
10
(kkk) Confidential business information prohibited
11
from disclosure under Section 45 of the Paint Stewardship
12
Act.
13
(lll) Data exempt from disclosure under Section
14
2-3.196 of the School Code.
15
(mmm) Information prohibited from being disclosed
16
under subsection (e) of Section 1-129 of the Illinois
17
Power Agency Act.
18
(nnn) Materials received by the Department of Commerce
19
and Economic Opportunity that are confidential under the
20
Music and Musicians Tax Credit and Jobs Act.
21
(ooo) Data or information provided pursuant to Section
22
20 of the Statewide Recycling Needs and Assessment Act.
23
(ppp) Information that is exempt from disclosure under
24
Section 28-11 of the Lawful Health Care Activity Act.
25
(qqq) Information that is exempt from disclosure under
26
Section 7-101 of the Illinois Human Rights Act.
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(rrr) Information prohibited from being disclosed
2
under Section 4-2 of the Uniform Money Transmission
3
Modernization Act.
4
(sss) Information exempt from disclosure under Section
5
40 of the Student-Athlete Endorsement Rights Act.
6
(ttt) Audio recordings made under Section 30 of the
7
Illinois State Police Act, except to the extent authorized
8
under that Section.
9
(uuu) Information prohibited from being disclosed
10
under Section 30-5 of the Digital Assets Regulation Act.
11
(vvv)
(uuu)
Information exempt from disclosure under
12
Section 70 of the End-of-Life Options for Terminally Ill
13
Patients Act.
14
(www) Information prohibited or exempt from being
15
disclosed under the Transportation Network Drivers Labor
16
Relations Act.
17
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
18
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
19
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
20
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
21
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
22
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
23
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
24
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
25
9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
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Section 95.
No acceleration or delay.
Where this Act makes
2
changes in a statute that is represented in this Act by text
3
that is not yet or no longer in effect (for example, a Section
4
represented by multiple versions), the use of that text does
5
not accelerate or delay the taking effect of (i) the changes
6
made by this Act or (ii) provisions derived from any other
7
Public Act.
8
Section 97.
Severability.
The provisions of this Act are
9
severable under Section 1.31 of the Statute on Statutes.
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