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HB 4743

Illinois HouseIntroduced

Summary

HB 4743, “TRANSPORT NETWORK LABOR”, was introduced in the House on Feb 2, 2026 by Rep. Yolanda Morris (D) with 12 co-sponsors. It was referred to Rules, and last saw action on May 28, 2026: Added Co-Sponsor Rep. Nicolle Grasse.


Record

Text

HB 4743 has 12 co-sponsors and 1 roll call.

hb4743/introduced.txt
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4743
Introduced , by Rep. Yolonda Morris
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 20444 SPS 33909 b
A BILL FOR
HB4743 LRB104 20444 SPS 33909 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Transportation Network Driver Labor Relations Act.
Section 2. Findings; legislative intent; construction.
(a) The General Assembly finds that the growing rate of
technological advancement has fundamentally altered the way
that many people work within the State in the transportation
sector, in which companies connect, through an online
application, persons seeking passenger transportation services
to persons willing to supply those transportation services.
These persons willing to supply those transportation services,
known as transportation network drivers, often suffer poor
pay, inadequate health coverage, and lack of other benefits.
It is hereby declared that the best interests of the people of
this State are served by providing transportation network
drivers the opportunity to self-organize, designate
representatives of their own choosing, and to bargain
collectively on a sectoral basis in order to obtain
sustainable wages, benefits, and working conditions, subject
to approval and ongoing supervision by the State. It is
further declared that the best interests of the people of this
HB4743 - 2 - LRB104 20444 SPS 33909 b
State are served by the prevention or prompt resolution of
disputes between transportation network companies and the
transportation network drivers who supply the labor to
effectuate those services through collective bargaining on a
sectoral basis, subject to approval and ongoing supervision by
the State. This Act shall be deemed an exercise of the police
power of the State for the protection of the public welfare,
prosperity, health, and peace of the people of the State, and
shall be liberally construed for the accomplishment of its
purposes.
(b) The General Assembly finds that it is in the public
policy interests of the State to displace competition with
regulation of the terms and conditions of work for
transportation network drivers; and, consistent with this
policy, to exempt from federal and State antitrust laws any
conduct authorized under this Act, including the formation of
transportation network driver organizations and multi-company
associations for the purposes of collective bargaining on a
sectoral basis between transportation network companies and
transportation network drivers on an industry-wide basis, and
to supervise, evaluate, and if approved, implement the
resulting sectoral agreements concerning industry regulations
for the terms and conditions of work for all transportation
network drivers in an industry when such sectoral agreements
are found by the Department of Labor to advance the public
purposes stated in this Section and are then made binding,
HB4743 - 3 - LRB104 20444 SPS 33909 b
regardless of the anticompetitive consequences thereof.
(c) It is the intent and policy of the State:
(1) To grant transportation network drivers the right
to form, join, or assist transportation network driver
organizations, to be represented through representatives
of their own choosing, and to engage in other concerted
activities for the purpose of bargaining with
transportation network companies and to create negotiated
recommendations in the form of a sectoral agreement, which
shall form the basis for industry regulations, and for the
purpose of other mutual aid or protection; and
(2) To grant transportation network companies the
right to form multi-company associations to represent them
while bargaining with a transportation network driver
organization to create negotiated recommendations in the
form of a sectoral agreement, which shall form the basis
for industry regulations.
(d) The intent and policy of the State is for the statutory
and non-statutory labor exemptions from the federal antitrust
laws and analogous State laws to apply to transportation
network drivers who choose to form, join, or assist labor
organizations in labor activity, to transportation network
driver organizations who organize and represent such drivers,
and to transportation network companies who may choose to form
an industry association to negotiate on their behalf or
otherwise engage in labor activity, permitted by this Act.
HB4743 - 4 - LRB104 20444 SPS 33909 b
(e) The intent and policy of the State in authorizing and
regulating transportation network companies, transportation
network drivers engaging in labor activity, and transportation
network driver organizations, permitted by this Act, is that
state action immunity apply to this Act, including the
sectoral agreement approved by the Department of Labor, and
that such transportation network companies, transportation
network drivers, and transportation network driver
organizations be immune from the federal and State antitrust
laws to the fullest extent possible in their conduct pursuant
to this Act.
(f) The State shall actively supervise the qualified labor
activity permitted by this Act conducted by transportation
network companies, transportation network drivers, and
transportation network driver organizations pursuant to this
Act to ensure that the conduct permitted by this Act protects
the rights of workers and companies, encourages collective
bargaining on a sectoral basis and labor peace, and otherwise
advances the purposes of this Act.
Section 3. Definitions. As used in this Act:
"Active transportation network driver" and "active TND"
means a transportation network driver designated pursuant to
the following process: Within 90 days after the effective date
of this Act, and once each calendar quarter thereafter, each
covered transportation network company shall provide the
HB4743 - 5 - LRB104 20444 SPS 33909 b
Board, in an electronic format determined by the Board, with
information that identifies all transportation network drivers
who completed 5 or more rides that originate in the State on
the covered TNC's platform in the previous 6 months. Each
covered TNC shall provide this information within 2 weeks
after the end of each calendar quarter (by April 14 provide TND
information from rides originating between October 1 and March
31, by July 14 provide TND information from rides originating
between January 1 and June 30, by October 14 provide TND
information from rides originating between April 1 and
September 30, by January 14 provide TND information from rides
originating between July 1 and December 31). The information
shall include only the name of the TND, the TND driver's
license number, and to the extent known by a TNC, the TND's
mobile phone number, mailing address, email address, and the
number of rides the TND completed through the covered TNC's
platform in the previous 6 months. Within 14 days after the
deadline for submission of the information from covered TNCs
required in this definition, the Board shall combine the data
provided by all covered TNCs to determine the distribution of
the number of rides completed by all TNDs for which data has
been submitted, and then shall determine the median number of
rides across TNDs for whom data has been submitted in the
previous 6 months. Any TND who completed greater than or equal
to the median number of rides shall be considered an active
transportation network driver in the rideshare industry. The
HB4743 - 6 - LRB104 20444 SPS 33909 b
information required to be provided to the Board in this
definition shall be produced in a manipulable electronic
format, such as a spreadsheet program consisting of cells
organized by lettered columns and numbered rows with each data
point in a separate cell that allows users to sort and perform
calculations and analysis. The Board may require that the
information be provided in a specified software program. The
records and information provided to the Board by
transportation network companies are exempt from disclosure
under the Freedom of Information Act.
"Board" means the State Panel of the Illinois Labor
Relations Board created by Section 5 of the Illinois Public
Labor Relations Act.
"Company union" means any committee, driver representation
plan, or association of workers or others that exists for the
purpose, in whole or in part, of dealing with TNCs concerning
grievances or terms and conditions of work for TNDs: (i) which
a TNC has initiated or created or whose initiation or creation
it has suggested or participated in; (ii) which a TNC
participates in, supervises, or conducts the formulation of
governing rules or policies, management, operations, or
elections; or (iii) which the TNC maintains, finances,
controls, dominates, or assists in maintaining or financing
unless required to do so by this Act, its implementing rules,
or any other legal requirement, whether by compensating anyone
for services performed in its behalf or by donating free
HB4743 - 7 - LRB104 20444 SPS 33909 b
services, equipment, materials, office or meeting space, or
anything else of value, or by any other means.
A TNC driver organization shall not be deemed a company
union solely because any of the following are true:
(1) It has negotiated or been granted the right to
designate TNC drivers to be released with pay for the
purpose of providing representational services in
labor-management affairs on behalf of TNC drivers
represented by the TNC driver organization.
(2) In the course of providing representational
services to workers for whom it is the exclusive
bargaining representative, a TNC has allowed agents of the
TNC driver organization to meet with drivers at the TNC's
premises or communicate with TNDs via the TNC's platform.
(3) It has received from a TNC the voluntary
membership dues deductions of TNC drivers or the TNC has
processed or transmitted membership dues pursuant to
paragraph (5) of subsection (d) of Section 8.
(4) It has received funds from a TNC for the
administration of benefits and services to TNC drivers
pursuant to a sectoral agreement in its capacity as the
exclusive bargaining representative.
(5) It has negotiated with a TNC, before or after
certification as the exclusive bargaining representative,
for the right and requisite resources to communicate or
meet with TNDs for any purpose permitted under this Act,
HB4743 - 8 - LRB104 20444 SPS 33909 b
including via the TNC's platform.
"Covered transportation network company" and "covered TNC"
means a transportation network company so designated pursuant
to the following process:
(1) In addition to the TND lists and information
required by the definition of "active transportation
network driver", within 90 days after the effective date
of this Act, within 2 weeks after the end of each calendar
quarter, each TNC shall electronically submit to the Board
a single statewide total of the rides performed during the
prior quarter by transportation network drivers on its
online-enabled application or platform. For purposes of
this definition, all digital networks or software
application services that any related corporate entities
under common control maintain shall be considered a single
TNC.
(2) The information required by paragraph (1) of this
definition shall be produced in a manipulable electronic
format, such as a spreadsheet program consisting of cells
organized by lettered columns and numbered rows with each
data point in a separate cell that allows users to sort and
perform calculations and analysis. The Board may require
that the information be provided in a specified software
program.
(3) Within 14 days after the deadline set forth in
paragraph (1) of this definition, the Board shall
HB4743 - 9 - LRB104 20444 SPS 33909 b
designate the covered TNCs through the following
procedure. The Board shall total all rides reported
pursuant to paragraph (1) of this definition. The Board
shall then rank all TNCs by rideshare volume in descending
order. The Board shall begin with the highest ranked TNC
and continue down the list until the Board has identified
the TNCs whose rides collectively equal or exceed 95% of
the statewide total for the preceding quarter. These TNCs
shall be deemed "covered TNCs" for purposes of this Act.
For purposes of this paragraph, all TNCs under common
ownership or control shall be considered to be a single
TNC. The Board shall then publish the list of covered TNCs
and noncovered TNCs and rideshare volume information on
its internet website. The Board shall notify each TNC as
to whether the TNC is a covered TNC.
(4) The failure of a TNC to submit the list required by
paragraph (1) of this definition shall not prevent the
Board from providing a list of covered and noncovered TNCs
to the extent the Board concludes that the missing
information cannot reasonably be expected to change
whether those TNCs are covered or noncovered TNCs.
(5) A TNC that was not a covered TNC when a sectoral
agreement took effect but whose rideshare volume in a
later quarter brings it within the 95% threshold
identified in paragraph (3) of this definition shall
become a covered TNC, and therefore bound by all terms of
HB4743 - 10 - LRB104 20444 SPS 33909 b
the sectoral agreement immediately.
(6) A TNC that becomes a covered TNC pursuant to this
Section shall remain a covered TNC for the remaining term
of a sectoral agreement.
"Department" means the Department of Labor.
"Exclusive bargaining representative" means a TND
organization certified by the Board, in accordance with this
Act, as the representative of TNDs in a bargaining unit.
"Mandatory subjects of bargaining" means those subjects of
bargaining related to compensation, benefits, and other terms
and conditions of work, including, but not limited to,
deactivations, and dispute resolution procedures for resolving
claims alleging unjust deactivation.
"Person" includes one or more individuals, TNDs, TND
organizations, TNCs, network companies, labor organizations,
associations, corporations, legal representatives, trustees,
trustees in bankruptcy, or receivers.
"Transportation network company" and "TNC" means an entity
operating in the State that uses a digital network or software
application service to connect passengers to transportation
network company services provided by transportation network
drivers. For purposes of this paragraph, all digital networks
or software application services that any related corporate
entities under common control maintain shall be considered a
single TNC. A TNC is not deemed to own, control, operate, or
manage the vehicles used by transportation network drivers,
HB4743 - 11 - LRB104 20444 SPS 33909 b
and is not a taxicab association or a for-hire vehicle owner.
"Transportation network company services" and "TNC
services" means transportation of a passenger between points
chosen by the passenger and prearranged with a transportation
network driver through the use of a TNC digital network or
software application. "Transportation network company
services" and "TNC services" do not include a taxicab,
for-hire vehicle, or street hail service.
"Transportation network driver", "transportation network
company driver", "TNC driver", and "TND" means an individual
who operates a motor vehicle that: (i) is owned, leased, or
otherwise authorized for use by the individual; (ii) is not a
taxicab or for-hire public passenger vehicle; (iii) is used to
provide transportation network company services; and (iv)
operates under the TNC license of the TNC. "Transportation
network driver", "transportation network company driver", "TNC
driver", and "TND" do not include any individual who, with
respect to the provision of TNC services is: (i) determined by
a final order of a court of competent jurisdiction to be an
employee within the meaning of Section 2(3) of the National
Labor Relations Act, 29 U.S.C. 152(3), or within the meaning
of 26 CFR 31.3121(d)-1 or 31.3401(c)-1; or (ii) declared by a
TNC to be an employee within the meaning of Section 2(3) of the
National Labor Relations Act, 29 U.S.C. 152(3) and within the
meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1.
"Transportation network driver organization" and "TND
HB4743 - 12 - LRB104 20444 SPS 33909 b
organization" means any organization in which TNDs
participate, and which exists and is constituted for the
purpose, in whole or in part, of collective bargaining, or of
dealing with transportation network companies concerning
grievances, terms or conditions of work, or of other mutual
aid or protection and which is not a company union as defined
by this Act.
"Unfair work practices" means only those unfair work
practices set forth in Section 6.
Section 4. Powers of the Board. The Board shall have
jurisdiction over unfair work practices and collective
bargaining matters between transportation network companies
and transportation network driver organizations, except for
the determinations to be made by the Department under this
Act.
Section 5. Rights of TNDs. Transportation network drivers
shall have the right of self-organization, to form, join, or
assist TND organizations, to bargain collectively through
representatives of their own choosing, and to engage in
concerted activities, for the purpose of collective bargaining
or other mutual aid or protection, free from interference,
restraint, or coercion by TNCs, and shall also have the right
to refrain from any of these activities. Nothing contained in
this Act shall be interpreted to prohibit TNDs from exercising
HB4743 - 13 - LRB104 20444 SPS 33909 b
the right to confer with TNCs at any time, provided that during
such conference there is no attempt by such TNC, directly or
indirectly, to interfere with, restrain, or coerce such
workers in the exercise of the rights guaranteed by this Act.
Section 6. Unfair work practices.
(a) It is an unfair work practice for a TNC to:
(1) Fail or refuse to provide the Board or a TND
organization with an accurate list of the names, trips
made, and contact information for TNDs, as required by
this Act.
(2) Fail or refuse to submit the list to the Board
required by the definition of "covered transportation
network company".
(3) Fail or refuse to negotiate in good faith with a
TND organization certified as an exclusive bargaining
representative of TNDs engaged with such TNC, concerning
mandatory subjects of bargaining.
(4) Fail or refuse to provide a TND organization,
certified as an exclusive bargaining representative of
TNDs engaged with such TNC, with information requested by
the TND organization that is relevant to, and necessary
for, purposes of bargaining and the performance of its
other duties required by this Act.
(5) Fail or refuse to continue all the terms of a
determination of terms and conditions of work approved or
HB4743 - 14 - LRB104 20444 SPS 33909 b
prescribed by the Department pursuant to this Act until a
new determination is approved or prescribed, unless in
accordance with a recognized exception under the law.
(6) Dominate or interfere with the formation,
existence, or administration of any TND organization, or
to contribute financial or other support to any such
organization, directly or indirectly, unless required by
this Act or by any rules implementing this Act, including,
but not limited to, the following:
(i) by participating or assisting in, supervising,
or controlling (1) the initiation or creation of any
such organization or (2) the meetings, management,
operation, elections, formulation or amendment of
constitution, rules, or policies, of any such
organization;
(ii) by offering incentives to TNDs to join any
such organization; or
(iii) by donating free services, equipment,
materials, office or meeting space or anything else of
value for the use of any such organization; provided
that a TNC may permit TNDs to perform representational
work protected under this Act during working hours
without loss of time or pay or allow agents of a TND
organization that is the exclusive representative of
its TNDs to meet with TNDs on its premises or
communicate with TNDs via the TNC's platform.
HB4743 - 15 - LRB104 20444 SPS 33909 b
(7) Require a TND to join any company union or TND
organization or to require a TND to refrain from forming,
or joining or assisting a TND organization of their own
choosing.
(8) Encourage membership in any company union or
discourage membership in any TND organization, by
discrimination in regard to any term or condition of work.
(9) Deactivate or otherwise discriminate against a TND
because they have signed or filed any charge, affidavit,
petition, or complaint or given any information or
testimony under this Act.
(10) Distribute or circulate any blacklist of
individuals exercising any right created or confirmed by
this Act or of members of a TND organization, or to inform
any person of the exercise by any individual of such right
or of the membership of any individual in a TND
organization for the purpose of preventing individuals so
blacklisted or so named from obtaining or retaining
opportunities for remuneration.
(11) Perform any acts, other than those already
enumerated in this Section, which interfere with,
restrain, or coerce TNDs in the exercise of the rights
guaranteed by this Act.
(b) It is an unfair work practice for a TND organization
to:
(1) Fail or refuse to negotiate in good faith with a
HB4743 - 16 - LRB104 20444 SPS 33909 b
TNC concerning mandatory subjects of bargaining, provided
that the TND organization is the certified exclusive
bargaining representative of the TNC's transportation
network drivers, including by refusing to provide
information requested by a TNC that is relevant and
necessary for purposes of bargaining and the performance
of its other duties required by this Act.
(2) Restrain or coerce TNDs in the exercise of the
rights guaranteed by this Act, provided that this
paragraph shall not impair the right of a TND organization
to prescribe its own rules with respect to the acquisition
or retention of membership in the organization.
(3) Fail or refuse to fulfill its duty of fair
representation by intentional misconduct in representing
TNDs where it is the certified exclusive bargaining
representative.
(4) Restrain or coerce a TNC in the selection of its
representatives for the purpose of bargaining or the
adjustment of grievances.
(5) Cause or attempt to cause an employer to
discriminate against an employee in violation of paragraph
(9) of subsection (a) of Section 6.
(c) For purposes of this Section "to negotiate in good
faith" means the performance of the mutual obligation of the
transportation network companies or their agents or
representatives and the exclusive bargaining representative to
HB4743 - 17 - LRB104 20444 SPS 33909 b
meet at reasonable times and negotiate in good faith with
respect to mandatory subjects of bargaining, or the
negotiation of a sectoral agreement under Section 10, or any
question arising thereunder, and to execute a written contract
incorporating any agreement reached if requested by either
party. However, this mutual obligation does not compel the
transportation network companies or the exclusive bargaining
representative to agree to a proposal or require the making of
a concession.
Section 7. Prevention of unfair work practices.
(a) The Board is empowered and directed to prevent any TNC
and any TND organization from engaging in any unfair work
practice described in this Act. This power shall not be
affected or impaired by any means of adjustment, mediation, or
conciliation in labor disputes that have been or may hereafter
be established by law or by the determination provided for in
subsection (i) of Section 10. In order to prevent unfair work
practices, each TNC shall, at least once each year, send a text
message and an email to each of its active TNDs in a form
determined by the Board notifying the TNDs of their rights
under this Act, and the procedure for filing an unfair work
practice charge. The TNC shall provide the notice in all
languages that the Board determines are likely spoken by 5% or
more of TNC drivers. The Board shall also post a copy of this
notice on its website.
HB4743 - 18 - LRB104 20444 SPS 33909 b
(b) Unfair work practice charges shall be filed no later
than 6 months after the date on which the charging party knew,
or reasonably should have known, of the violation.
(c) Whenever it is charged that any person has engaged in,
or is engaging in, any unfair work practice, the Board, or any
agent or agency designated by the Board for such purposes,
shall conduct an investigation of the charge. If after such
investigation the Board finds that the charge involves a
dispositive issue of law or fact, the Board shall issue a
complaint and cause to be served upon the person a complaint
stating the charges, accompanied by a notice of hearing before
the Board or a member thereof designated by the Board, or
before a qualified hearing officer designated by the Board at
the offices of the Board or such other location as the Board
deems appropriate, not less than 5 days after serving of such
complaint. Any such complaint may be amended by the member or
hearing officer conducting the hearing for the Board in their
discretion at any time prior to the issuance of an order based
thereon. The person who is the subject of the complaint has the
right to file an answer to the original or amended complaint
and to appear in person or by a representative and give
testimony at the place and time fixed in the complaint. In the
discretion of the member or hearing officer conducting the
hearing or the Board, any other person may be allowed to
intervene in the proceeding and to present testimony. In any
hearing conducted by the Board, neither the Board nor the
HB4743 - 19 - LRB104 20444 SPS 33909 b
member or agent conducting the hearing shall be bound by the
rules of evidence applicable to courts, except as to the rules
of privilege recognized by law.
(d) The Board shall have the power to issue subpoenas and
administer oaths. If any party willfully fails or neglects to
appear or testify or to produce books, papers, and records
pursuant to the issuance of a subpoena by the Board, the Board
may apply to a court of competent jurisdiction to request that
such party be ordered to appear before the Board to testify or
produce the requested evidence.
(e) Any testimony taken by the Board, or a member
designated by the Board or a hearing officer thereof, must be
reduced to writing and filed with the Board. A full and
complete record shall be kept of all proceedings before the
Board, and all proceedings shall be transcribed by a reporter
appointed by the Board. The party on whom the burden of proof
rests shall be required to sustain such burden by a
preponderance of the evidence, and the charging party shall
have the burden of proving the unfair work practice
accordingly. If, upon a preponderance of the evidence taken,
the Board is of the opinion that any person named in the charge
has engaged in or is engaging in an unfair work practice, then
it shall state its findings of fact and shall issue and cause
to be served upon the person an order requiring them to cease
and desist from the unfair work practice, and to take such
affirmative action as will effectuate the provisions of this
HB4743 - 20 - LRB104 20444 SPS 33909 b
Act including, but not limited to: (i) withdrawal of
recognition from and refraining from bargaining sectorally
with any organization or association, agency, or plan that is
either defined in this Act as a company union or established,
maintained, or assisted by any action defined in this Act as an
unfair work practice; (ii) awarding of back compensation
without any reduction based on the TND's interim earnings or
failure to earn interim earnings and, upon a showing of
egregious misconduct, an additional amount as liquidated
damages equal to 2 times the amount of back compensation
awarded; (iii) requiring reengagement or reestablishment of
the TNC's preexisting relationship with an improperly
adversely affected TND with or without compensation, or
maintenance of a preferential list from which such TND shall
be reengaged or the relationship reestablished, and such order
may further require such respondent to make reports from time
to time showing the extent to which the order has been complied
with; (iv) requiring the TNC to recognize and bargain with a
TND organization if the Board determines that the unfair work
practice interfered with the TND's right to form or join a TND
organization; and (v) requiring the respondent to comply with
any other obligation of this Act. The Board's order may in its
discretion also include an appropriate sanction, based on the
Board's rules, and the sanction may include an order to pay the
other party or parties' reasonable expenses including costs
and reasonable attorney's fees, if the other party has made
HB4743 - 21 - LRB104 20444 SPS 33909 b
allegations or denials without reasonable cause and found to
be untrue or has engaged in frivolous litigation for the
purpose of delay or needless increase in the cost of
litigation. If the Board awards back compensation, damages, or
monetary sanction, it shall also award interest at the rate of
7% per annum. The Board's order may further require the person
to make reports from time to time, and demonstrate the extent
to which the person has complied with the order. If there is no
preponderance of evidence to indicate to the Board that the
person named in the charge has engaged in or is engaging in the
unfair work practice, then the Board shall state its findings
of fact and shall issue an order dismissing the complaint.
(f) Until the record in a case has been filed in court, the
Board at any time, upon reasonable notice and in such manner as
it deems proper, may modify or set aside, in whole or in part,
any finding or order made or issued by it.
(g) A charging party or any person aggrieved by a final
order of the Board granting or denying in whole or in part the
relief sought may apply for and obtain judicial review of an
order of the Board entered under this Act, in accordance with
the provisions of the Administrative Review Law, except that
such judicial review shall be afforded directly in the
Appellate Court for the district in which the aggrieved party
resides or transacts business, and such judicial review shall
not be available for the purpose of challenging a final order
issued by the Board pursuant to Section 8 for which judicial
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review has been petitioned pursuant to subsection (e) of
Section 8. Any direct appeal to the Appellate Court shall be
filed within 35 days after the date that a copy of the decision
sought to be reviewed was served upon the party affected by the
decision. The filing of such an appeal to the Appellate Court
shall not automatically stay the enforcement of the Board's
order. An aggrieved party may apply to the Appellate Court for
a stay of the enforcement of the Board's order after the
aggrieved party has followed the procedure prescribed by
Supreme Court Rule 335. The Board in proceedings under this
Section shall request and may obtain an order of the court for
the enforcement of the Board's order.
(h) Whenever it appears that any person has violated a
final order of the Board issued pursuant to this Section, the
Board must commence an action in the name of the People of the
State of Illinois by petition, alleging the violation,
attaching a copy of the order of the Board, and praying for the
issuance of an order directing the person, the person's
officers, agents, servants, successors, and assigns to comply
with the order of the Board. The Board shall be represented in
this action by the Attorney General in accordance with the
Attorney General Act. The court may grant or refuse, in whole
or in part, the relief sought, provided that the court may stay
an order of the Board in accordance with the Administrative
Review Law, pending disposition of the proceedings. The court
may punish a violation of its order as in civil contempt. The
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proceedings provided in this paragraph shall be commenced in
the Appellate Court for the district where the unfair work
practice which is the subject of the Board's order was
committed, or where a person required to cease and desist by
such order resides or transacts business. In case of the
enforcement of an order of the Board, the Appellate Court
shall have the power to issue any injunctive or equitable
remedy it finds appropriate, and in the case of a Board order
which requires the payment of money, the Appellate Court shall
have the power to enter judgment for the amount justified by
the record and for costs, which judgment may be enforced as
other judgments for the recovery of money.
(i)(1) A party filing an unfair work practice charge under
this Section may petition the Board to obtain injunctive
relief, pending a decision on the merits of the charge by the
Board, a member thereof designated by the Board, or by a
hearing officer designated by the Board, upon a showing that:
(i) it is likely to succeed on the merits; (ii) it is likely to
suffer irreparable harm in the absence of preliminary relief;
(iii) the balance of equities tips in their favor; and (iv) an
injunction is in the public interest. The immediate and
irreparable harm may include the chilling of TNDs in the
exercise of rights provided or protected by this Act.
(2) Within 30 days after the receipt by the Board of such
petition for injunctive relief, if the Board determines that a
charging party has made a sufficient showing pursuant to
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paragraph (1) the Board, through the Attorney General, shall
petition the circuit court where the alleged unfair work
practice was allegedly committed, or where a person required
to cease and desist from such alleged unfair work practice
resides or transacts business, for appropriate temporary
relief or restraining order. If the Board fails to act within
10 days, the Board shall be deemed to have made a final order
determining not to seek injunctive relief. If the Board
determines not to seek injunctive relief, or if the Board or
Attorney General do not petition the circuit court for such
injunctive relief within 30 days after the filing of the
charging party's petition with the Board, the charging party
may seek injunctive relief by petition to the circuit court,
in which case the Board must be joined as a necessary party.
(3) Upon the filing of any petition for injunctive relief
as provided in the preceding paragraph, such injunctive relief
may be granted by the court, after hearing all parties, if it
determines that there is a sufficient showing under paragraph
(1). The relief shall expire on decision by the Board, a member
thereof designated by the Board, or a hearing officer
designated by the Board finding no unfair work practice to
have occurred, successful appeal of the grant of injunctive
relief, or successful motion to vacate or modify such
injunctive relief pursuant to the Code of Civil Procedure. Any
injunctive relief in effect pending a decision by the Board
(i) shall expire upon a decision by the Board finding no unfair
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work practice to have occurred, of which the Board shall
notify the court immediately, or (ii) shall remain in effect
only to the extent it implements any remedial order issued by
the Board in its decision, of which the Board shall notify the
court immediately.
(4) A decision on the merits of the unfair work practice
charge by the Board finding an unfair work practice to have
occurred shall continue the injunctive relief until either (i)
the respondent implements the remedy, or (ii) the Board's
order is set aside in an action for review of the Board's order
pursuant to the Administrative Review Law as set forth in
subsection (g).
(5) The appeal of any order granting, denying, modifying,
or vacating injunctive relief ordered by the court pursuant to
this subsection shall be made in accordance with the Code of
Civil Procedure and Supreme Court Rules.
(6) The Board or, where applicable, the charging party,
shall not be required to give any undertakings or bond and
shall not be liable for any damages or costs which may have
been sustained by reason of any injunctive relief ordered. In
the case of a TNC's failure to provide an accurate list of
names, mobile phone numbers, email addresses, and mailing
addresses of TNDs, immediate and irreparable injury, loss, or
damage shall be presumed.
(j) In addition to, and without limiting, any other
procedure provided in this Section, the Board is empowered and
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directed to enforce, and prevent violations of paragraph (2)
of subsection (a) of Section 6 as follows.
(1) Upon the failure or refusal of a TNC to timely
submit the list to the Board required by the definition of
"covered transportation network company", the Board shall
promptly issue a complaint charging the TNC with an unfair
work practice and petition a court of competent
jurisdiction for temporary relief to compel production of
the list, consistent with the procedures in subsection
(i), except that the Board shall have a mandatory,
non-discretionary duty to seek such injunctive relief. In
the case of a TNC's failure to provide the list to the
Board required by the definition of "covered
transportation network company", immediate and irreparable
injury, loss, or damage shall be presumed.
(2) In addition to any other remedy provided by this
Act, a TNC found to have committed an unfair work practice
in violation of paragraph (2) of subsection (a) of Section
6 shall be subject to a civil penalty, payable to the
Board, not to exceed $10,000 per day for each day after the
deadline that the list was not provided. The amount of the
penalty shall be determined by the Board through
application of the following criteria: (i) the size of the
TNC; (ii) the severity of the violation; and (iii) any
history of violations by the TNC. A TNC found to have
committed an unfair work practice in violation of
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paragraph (2) of subsection (a) of Section 6 shall also be
required by the Board to pay the Board's or charging
party's attorney's fees and costs for any court proceeding
initiated by the Board or charging party to compel
production of the list.
Section 8. Designation of bargaining representatives.
(a) For purposes of this Act, each TND performing TNC
services on a covered TNC shall be included in an
industry-wide bargaining unit of all TNDs in the State.
(b) A TND organization may demonstrate that it has been
designated as a bargaining representative by presenting to the
Board cards, petitions, or other evidence, which may be in
electronic form, sufficient to show the TND has authorized the
TND organization to act as the worker's bargaining
representative. A TND may demonstrate that TNDs do not wish to
be represented by a TND organization by presenting to the
Board cards, petitions, or other evidence, which may be in
electronic form, sufficient to show the TND does not authorize
any TND organization to act as the worker's exclusive
bargaining representative. The Board shall deem valid any such
card, petition, or other evidence that includes (i) the
signature of the TND, (ii) the date of execution, (iii) a
statement indicating the TND's authorization of the TND
organization to act as the TND's exclusive bargaining
representative or alternatively the TND's wish to not be
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represented by a TND organization, and (iv) the name of at
least one TNC for whom the TND performs services. In order to
be valid, such card, petition, or other evidence must have
been executed by the TND within one year of the date that the
TND organization, or TND, submits the evidence to the Board.
The authorizations or designations of representative may be
evidenced by electronic records or electronic signatures as
provided under Section 7 of the Uniform Electronic
Transactions Act. The Board shall adopt rules for verification
of electronic signatures that are comparable to the standards
set forth in Section III of the National Labor Relations Board
Office of the General Counsel Memo 15-08.
(c)(1) Within 30 days after the petition of any TND
organization, the Board shall make a determination that such
organization has been designated as bargaining representative
by at least 10% of active TNDs in the bargaining unit. For
purposes of this provision, the operative list of active TNDs
shall be based on the most recent quarterly list provided by
the covered TNCs to the Board in accordance with the
definition of "active transportation network driver".
(2) Within 30 days after the Board's determination that a
TND organization has been designated as the bargaining
representative of at least 10% of active TNDs in the
bargaining unit, the Board shall: (i) require each covered TNC
to send a notice, in a form determined by the Board, that the
TND organization is seeking to represent TNDs for the purpose
HB4743 - 29 - LRB104 20444 SPS 33909 b
of initiating a bargaining process in order to establish terms
and conditions for the industry; and (ii) provide the TND
organization with a complete list of names, phone numbers,
mailing address, and email addresses for all active TNDs in
the bargaining unit. The TNC shall provide the notice in all
languages that the Board determines are likely spoken by 5% or
more of TNC drivers. The Board will provide the TND
organization with an updated list each quarter for the
following 4 quarters. For 6 months from the date of the Board's
determination that a TND organization has met the 10%
threshold in a bargaining unit, and where such TND
organization is the first TND organization to meet such
threshold, no other TND organization may be certified as the
exclusive bargaining representative of those workers without
an election.
(d)(1) A TND organization that provides evidence to the
Board that it has been designated as bargaining representative
by 30% of active TNDs in the bargaining unit shall be certified
as the exclusive bargaining representative of all TNDs in the
bargaining unit. The Board shall make such determination of
exclusive bargaining representative status within 30 days
after the petition. In the alternative, a TND organization
that has been designated as the bargaining representative of
at least 10% of active TNDs in the bargaining unit, pursuant to
a petition filed under subsections (c) or (d), may petition
the Board to conduct an election. The TND may petition for such
HB4743 - 30 - LRB104 20444 SPS 33909 b
election at any time within one year of the Board's
determination that it has been designated as the bargaining
representative of at least 10% of active TNDs. The election
shall be conducted as expeditiously as possible, but in no
event more than 60 days after the TND organization's petition
for election. If the TND organization receives a majority of
valid votes cast in such election, the Board shall certify the
TND organization as the exclusive bargaining representative.
For purposes of this provision, the operative list of active
TNDs shall be based on the most recent quarterly list provided
by the covered TNCs in accordance with the definition of
"active transportation network driver".
(2) If a TND organization seeking certification as the
exclusive bargaining representative without an election
provides evidence that shows that less than a majority of
active TNDs have designated the TND organization as their
bargaining representative, the Board shall wait 7 days before
certifying the TND organization as exclusive bargaining
representative. If, during those 7 days, another TND
organization provides evidence that at least 20% of active
TNDs in the bargaining unit have designated it as their
bargaining representative, then the Board shall hold an
election among all active TNDs in the bargaining unit. Such
election shall be conducted as expeditiously as possible, but
in no event more than 60 days after the petition of the
original TND seeking certification as exclusive bargaining
HB4743 - 31 - LRB104 20444 SPS 33909 b
representative. For purposes of such an election, the
operative list of active TNDs shall be based on the most recent
quarterly list provided by the covered TNCs in accordance with
the definition of "active transportation network driver". A
TND organization receiving a majority of the valid votes cast
shall be certified as the exclusive bargaining representative
of all TNDs in the bargaining unit. When 2 or more TND
organizations are on the ballot and none of the choices (the
TND organizations or "no worker organization") receives a
majority of the valid votes cast, there shall be a run-off
election between the 2 choices receiving the largest and
second largest number of votes, to be conducted within 45 days
after the determination that no choice had received a majority
of valid votes cast. The TNDs eligible to vote in the run-off
election shall be the same TNDs eligible to vote in the initial
election. A TND organization receiving a majority of the valid
votes cast in the run-off election shall be certified as the
exclusive bargaining representative of all TNDs in the
bargaining unit. If a majority of the valid votes cast are for
"no worker organization", then the Board will not certify any
worker organization as the exclusive bargaining
representative.
(3) A TND organization certified as the exclusive
bargaining representative shall have the exclusive authority
to represent the TNDs in the bargaining unit, without
challenge by another TND organization, and not subject to
HB4743 - 32 - LRB104 20444 SPS 33909 b
decertification by the procedures in this subsection, for the
greater of (i) one year following certification, or (ii) the
length of time that a final determination rendered by the
Department under subsection (i) of Section 10 is in effect,
provided that such period shall not be longer than 3 years
following the date of issuance of such final determination.
During the times when an exclusive bargaining representative
is subject to challenge, TNDs may file for a decertification
election upon a showing that at least 25% of the active TNDs in
the bargaining unit have demonstrated support for the
decertification. The Board will then schedule an election to
determine whether the TND organization has retained its status
as exclusive bargaining representative. The TND organization
shall retain its status as exclusive bargaining representative
if it receives a majority of valid votes cast by active TNDs in
the bargaining unit. For purposes of this provision, the
operative list of active TNDs shall be based on the most recent
quarterly list provided by the covered TNCs in accordance with
the definition of "active transportation network driver".
(4) If a TND organization has been certified as the
exclusive bargaining representative with respect to the
bargaining unit, only that TND organization shall be entitled
to: (i) immediately upon certification, and, quarterly
thereafter, receive from the Board the data provided by the
covered TNCs to the Board pursuant to the definition of
"active transportation network driver", to be used solely for
HB4743 - 33 - LRB104 20444 SPS 33909 b
the purposes of bargaining and the performance of its other
duties as the TNDs bargaining representative; and (ii) to
engage in bargaining with the covered TNCs for a sectoral
agreement to be recommended to the Department concerning
mandatory subjects of bargaining.
(5) A TND organization that has been certified as the
exclusive bargaining representative with respect to the
bargaining unit shall have a right to voluntary deduction of
dues, initiation fees, assessments, and other payments to the
TND organization, from payments to TNDs by a covered TNC, upon
presentation of deduction authorizations signed by individual
TNDs, which may be in electronic form. A covered TNC shall
commence making such deductions in accordance with the terms
of the deduction authorization as soon as practicable, but in
no case later than 30 days after receiving proof of a signed
deduction authorization, and amounts deducted shall be
submitted to the TND organization within 30 days after the
deduction. A covered TNC shall accept a signed deduction
authorization evidenced by electronic records or electronic
signatures as provided under Section 7 of the Uniform
Electronic Transactions Act. The right to such deductions
shall remain in full force and effect until an individual TND
revokes the deduction authorization in writing in accordance
with the terms of the authorization.
(e) An order of the Board dismissing a representation
petition or determining, certifying, or decertifying a TND
HB4743 - 34 - LRB104 20444 SPS 33909 b
organization as an exclusive bargaining representative is a
final order. Any person aggrieved by any such final order may
apply for and obtain judicial review in accordance with the
provisions of the Administrative Review Law, except that such
review shall be afforded directly in the Appellate Court for
the district in which the aggrieved party resides or transacts
business. Any direct appeal to the Appellate Court shall be
filed within 35 days after the date that a copy of the decision
sought to be reviewed was served upon the party affected by the
decision.
(f) Upon agreement by a TND organization seeking such
determination or petition or a TND seeking such determination,
and the relevant covered TNC or TNCs, any of the numerical
thresholds or any of the elections in this Section shall be
determined or conducted by a neutral body, in accordance with
the provisions of this Act. The fees of the neutral body shall
be paid by the Board. The neutral body shall report the results
of such determination or election to the Board, which shall
certify the results so long as it is satisfied that the
determination was made or election was conducted in accordance
with the provisions of this Act. If no neutral body has been
agreed to within 10 days after a TND organization's or TND's
notice of its request for a determination or its petition, the
Board may designate a neutral body or perform such functions
itself.
HB4743 - 35 - LRB104 20444 SPS 33909 b
Section 9. Administrative fees.
(a) Beginning on the date that a TND organization is
certified as the exclusive bargaining representative, each
covered TNC shall impose a fee of 20 cents per trip, which the
Board shall collect. The Board shall use such fees to issue
grants to the exclusive bargaining representative to educate
TNDs regarding their rights under this Act, to provide
assistance in enforcing those rights, and to enforce the terms
of an agreement or determination approved by the Department
under this Act.
(b) The fee shall be 20 cents per ride on each trip
originating in the State performed by a TND. Beginning on the
first January 1st after a TND organization has been certified
as an exclusive bargaining representative for at least 12
months, and each January 1st thereafter, the fee shall be
adjusted to the nearest penny to reflect any increase in
inflation as measured by the Consumer Price Index for All
Urban Consumers published by the United States Bureau of Labor
Statistics. The Board shall calculate and publish the
adjustments required by this subsection.
(c) The fee shall be displayed to customers as a "Labor
Relations Administrative Fee".
(d) The Board shall adopt by rule an exclusive bargaining
representative grant application and criteria for evaluating
such grant applications, including criteria to ensure that the
exclusive bargaining representative has the capacity and
HB4743 - 36 - LRB104 20444 SPS 33909 b
expertise to provide education and enforcement support to
TNDs. If the exclusive bargaining representative meets the
criteria established by the Board, the Board shall approve the
grant application and remit the fees to the exclusive
bargaining representative on a monthly basis, with each
payment occurring no more than 30 days following the end of the
month. The fees shall be used by the TND organization solely to
educate TNDs regarding the rights protected by this Act, to
provide assistance in enforcing those rights, to negotiate the
sectoral agreement as provided in this Act, and to enforce the
terms of any agreement or determination approved by the
Department under this Act. No portion of such fees shall be
used for political contributions or lobbying. If no such grant
is awarded or if the fees collected exceed the grant awarded,
the Board shall use such fees for educational or enforcement
activities regarding the provisions of this Act.
(e) Each exclusive bargaining representative shall submit
an annual report to the Board in a form to be determined by the
Board setting forth how the fees have been utilized. The Board
shall review each annual report and certify whether the
exclusive bargaining representative is utilizing the fees for
appropriate activities and continues to meet the grant
application criteria. The Board shall adopt rules to establish
a process by which it may suspend or revoke grants based on the
failure to utilize the fees for educational or enforcement
activities or the failure to meet the grant application
HB4743 - 37 - LRB104 20444 SPS 33909 b
criteria. If the Board finds that the exclusive bargaining
representative does not meet the grant application criteria,
the Board may utilize the fees for its own educational and
enforcement activities, and the exclusive bargaining
representative may reapply for a grant in the following year.
Section 10. Bargaining, impasse resolution procedures, and
final determination by the Department.
(a) Once the Board certifies that a TND organization is
the exclusive bargaining representative for the bargaining
unit, the Board shall notify all covered TNCs, and all covered
TNCs shall be required to bargain with the exclusive
bargaining representative concerning mandatory subjects of
bargaining. The covered TNCs and TND organization may bargain
concerning other subjects agreed to by the parties. To
facilitate negotiations, the covered TNCs may form an industry
association to negotiate on their behalf. If the covered TNCs
choose not to form an association, any recommended agreement
must be approved by (i) at least 2 industry member covered TNCs
and (ii) member covered TNCs representing at least 80% of the
market share of that industry in the State, with votes
determined in proportion to the number of rides completed by
TNDs contracting directly with the covered TNC in the 2
calendar quarters preceding the certification of the exclusive
bargaining representative.
(b) Each individual covered TNC shall retain exclusive
HB4743 - 38 - LRB104 20444 SPS 33909 b
control over the development, maintenance, design, pricing,
and implementation of its product and product features,
software, contract terms, algorithm, and operations and areas
of service.
(c) A sectoral agreement submitted to the Department for
approval pursuant to subsection (i) shall address, at minimum,
the following subjects, each of which must be set forth
separately in the sectoral agreement, unless a subject is
expressly waived by mutual agreement of the exclusive
bargaining representative and the covered TNCs:
(1) Compensation.
(2) Benefits.
(3) Appeals process for deactivations.
(4) Representation of TNC drivers in deactivation
appeals.
(5) Paid leave.
(6) Information disclosed to TNC drivers about trips
on per-trip, weekly, and monthly earnings receipts and
summaries, and on initial ride offers.
(7) Grievance and arbitration procedures to resolve
disputes arising under the sectoral agreement.
(8) Safety mandates imposed by the covered TNCs that
require TNC drivers to purchase safety equipment or
purchase safety software, and safety features or protocols
proposed by the exclusive bargaining representative that
have a demonstrable purpose of reducing the risk of
HB4743 - 39 - LRB104 20444 SPS 33909 b
physical assault or injury to TNC drivers. For the
purposes of this paragraph, "purchase" includes an
automatic withdrawal from TNC driver earnings.
(9) Labor-TNC partnerships.
(10) Reasonable access by the exclusive bargaining
representative to covered TNC-to-TNC driver communication
systems.
(11) Deduction of voluntary fees and dues from
payments to TNC drivers.
(12) Duration of the sectoral agreement, which shall
be between 3 and 5 years.
(13) Insurance coverage for occupational accidents or
injuries.
(14) Compensation or supplemental insurance for job
loss.
(d) A sectoral agreement, including an agreement
recommended by an arbitrator pursuant to paragraph (6) of
subsection (h), shall not contain a provision that prevents an
individual covered TNC from exercising its autonomy pursuant
to subsection (b).
(e) The negotiated sectoral agreement shall be submitted
by the TND organization to a vote by all TNDs who have
completed at least 100 trips in the previous calendar quarter.
Such vote shall be conducted by the TND organization pursuant
to procedures determined at the discretion of the TND
organization. If approved by a majority of TNDs who vote, the
HB4743 - 40 - LRB104 20444 SPS 33909 b
sectoral agreement shall be submitted to the Department for
approval. If a majority of valid votes cast by the TNDs are not
in favor of the sectoral agreement, the TND organization and
the covered TNCs will resume negotiating.
(f) For purposes of this Section, an impasse may be deemed
to exist if the covered TNCs and exclusive bargaining
representative fail to achieve agreement by the end of a
210-day period from the date a TND organization has been
certified as the exclusive bargaining representative. In the
case of bargaining for a successor sectoral agreement, an
impasse may be deemed to exist if the covered TNCs and
exclusive bargaining representative fail to achieve agreement
by the end of a 60-day period preceding the expiration date of
a prior determination by the Department as provided for in
subsection (i).
(g) Upon impasse, any of the affected covered TNCs or the
exclusive bargaining representative may request the Board to
render assistance as provided in this Section.
(h) Upon receiving a timely request from an exclusive
bargaining representative or covered TNC for commencement of
an impasse proceeding, the Board shall aid the parties as
follows:
(1) To assist the parties to effect a voluntary
resolution of the dispute, the Board shall provide the
parties with a list of qualified mediators as maintained
by the Board within 7 days after the request for
HB4743 - 41 - LRB104 20444 SPS 33909 b
commencement of impasse proceedings. Within 7 days after
receipt of such list, the parties shall either select a
mediator from the Board's list or select another mutually
agreed mediator. If the parties fail to select a mediator
and notify the Board of their selection, within 7 days
after the date the Board provided the list of mediators,
the Board shall appoint a mediator from the list. The
Board shall make such an appointment and notify the
parties within 7 days. If the mediator is unable to
achieve agreement between the parties concerning an
appropriate resolution within 60 days after the Board has
provided the parties the list of mediators, any party may
petition the Board to refer the dispute to an arbitrator.
(2) Upon timely petition of either party, the Board
shall refer the dispute to an arbitrator as provided.
(3) Each of the affected parties (affected covered
TNCs and the exclusive bargaining representative) shall
have an equal say in the selection of the arbitrator and
each of the affected parties shall share equally the cost
of the arbitrator. If the parties are unable to agree upon
the arbitrator within 7 days after the Board notifies the
covered TNCs of the need to appoint an arbitrator, the
Board shall submit to the parties a list of qualified,
disinterested persons for the selection of an arbitrator.
A representative of each of the parties shall alternately
strike from the list one of the names with the order of
HB4743 - 42 - LRB104 20444 SPS 33909 b
striking determined by lot, until the remaining one person
shall be designated as the arbitrator. Each party shall
select its representative for this purpose as it sees fit.
A party's failure to agree upon the designation of its
representative shall result in the failure of the striking
procedure, but shall not impede the Board's appointment of
the arbitrator upon such failure. The striking process
shall be completed within 5 days after receipt of the
Board's list. The representatives who undertake the
striking shall notify the Board of the designated
arbitrator. If the parties are unable to select the
arbitrator within 5 days following receipt of this list,
the Board shall appoint the arbitrator.
(4) The arbitrator shall hold hearings on all matters
related to the dispute, concerning mandatory subjects of
bargaining, and any other subject agreed to be submitted
by the covered TNCs and the TND organization. The parties
may be heard either in person, by counsel, or by other
representatives, as they may respectively designate. The
arbitrator shall determine the order of presentation by
the parties, and shall have discretion and authority to
decide all procedural issues that may be raised.
(5) The parties may present, either orally or in
writing, or both, statements of fact, supporting witnesses
and other evidence, and argument of their respective
positions with respect to each case. The arbitrator shall
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have authority to require the production of such
additional evidence, either oral or written as they may
desire from the parties and shall provide at the request
of either party that a full and complete record be kept of
any such hearings, the cost of such record to be borne by
the requesting party. If such a record is created, it
shall be shared with all parties regardless of which party
paid for it.
(6) The arbitrator shall make a just and reasonable
determination of the matters in dispute, set forth in
paragraph (4) of subsection (h), and within 90 days after
the arbitrator's appointment shall issue a determination
that shall apply to all covered TNCs and the exclusive
bargaining representative. The time period for the
arbitrator's determination may be extended by the
arbitrator upon good cause shown, or by agreement by the
parties. In arriving at such determination, the arbitrator
shall specify the basis for their findings, taking into
consideration, in addition to any factors recommended by
the parties that the arbitrator finds to be consistent
with this Act, the following:
(i) whether the compensation, benefits, and
conditions of work of the TNDs achieve the policy
goals set forth in Section 2; such compensation and
benefits must take into account the real cost of
living, and may substantially exceed any statutory
HB4743 - 44 - LRB104 20444 SPS 33909 b
minimum wage, and should be a sufficient amount such
that the TNDs do not need to rely upon any public
benefits;
(ii) whether the most efficient way to provide
benefits is through a portable benefits fund, and if
so, how to best assess each covered TNC a portion of
the costs of providing those benefits;
(iii) the financial ability of the affected
covered TNCs to pay for the compensation and benefits
in question and the impact on the delivery of services
provided by the covered TNCs;
(iv) the establishment of a reasonable
deactivation appeals process that will allow TNDs a
reasonable expectation of uninterrupted work; and
(v) comparison of particularities in regard to
other trades or professions, including specifically,
hazards of work, physical qualifications, educational
qualifications, mental qualifications, job training,
and skills.
(i) Any sectoral agreement, whether agreed upon between
covered TNCs and a TND organization acting as exclusive
bargaining representative of TNDs in the bargaining unit or as
determined by an arbitrator, under this Act shall be reviewed
and approved or disapproved by the Department. In deciding
whether to grant approval to such sectoral agreement, the
Department's decision shall be based on the factors specified
HB4743 - 45 - LRB104 20444 SPS 33909 b
in paragraph (6) of subsection (h), and the policies set forth
in Section 2. In deciding whether to approve such sectoral
agreement, the Department shall afford the exclusive
representative, all covered TNCs, and TNDs no more than 30
days to submit comments and arguments concerning whether
approval is warranted. Within 60 days after the deadline for
submitting comments, the Department shall approve or
disapprove the sectoral agreement. In the event of
disapproval, the Department may make recommendations for
amendments to the sectoral agreement that would cause the
Department to approve and afford the parties an opportunity to
respond to those recommendations. If during the period of time
the sectoral agreement is in effect, the Department determines
that market conditions have changed, the Department shall give
the exclusive bargaining representative, all covered TNCs, and
TNDs the opportunity to submit comments and arguments
concerning whether the final determination should be modified,
and after receiving those comments, the Department may modify
the final determination. Any new terms for the bargaining unit
shall be set in accordance with the procedures set forth in
this Section.
(j) A final determination by the Department under this
Section is a final order. Any covered TNC or exclusive
bargaining representative aggrieved by any such final order
may apply for and obtain judicial review in accordance with
the provisions of the Administrative Review Law, except that
HB4743 - 46 - LRB104 20444 SPS 33909 b
such review shall be afforded directly in the Appellate Court
for the district in which the aggrieved party resides or
transacts business, and provided that such final orders of the
Department shall only be overturned if found to be an abuse of
discretion. Any direct appeal to the Appellate Court shall be
filed within 35 days after the date that a copy of the decision
sought to be reviewed was served upon the party affected by the
decision. Except in a proceeding brought to review a final
order of the Department, the determination of an arbitrator
under this Section shall not be subject to judicial review.
Section 11. Applicability of other labor standards. No
sectoral agreement, arbitrator's determination, or final
determination by the Department made pursuant to this Act
shall diminish or erode any minimum labor standard that would
otherwise apply to a TND.
Section 12. Rulemaking.
(a) The Board and the Department shall make such rules as
may be appropriate to effectuate the purposes and provisions
of this Act. In order to provide for the expeditious and timely
implementation of the provisions of this Act, such rules may
be adopted by the Board or the Department as emergency rules
pursuant to Section 5-45 of the Illinois Administrative
Procedure Act within 6 months of the effective date of this
Act. The adoption of those emergency rules shall be considered
HB4743 - 47 - LRB104 20444 SPS 33909 b
an emergency and necessary for the public interest, safety,
and welfare.
(b) The Board may apply, in its discretion, applicable
rules adopted under the Illinois Public Labor Relations Act to
the extent those procedures are not inconsistent with the
procedures specified in this Act. To effect that purpose, the
Board may, in its discretion, and to the extent doing so is not
inconsistent with the procedures specified in this Act,
interpret rules adopted under the Illinois Public Labor
Relations Act, referencing "employer" to include a
transportation network company, referencing "employee" to
include a transportation network driver, and referencing a
"labor organization" to include a transportation network
driver organization.
(c) The rules shall establish the obligations and
procedures for the Board and TND organizations to protect TND
data from public disclosure and unauthorized use, including:
(i) minimization of data collected to what is necessary under
this Act; (ii) encryption standards adhering to recognized
security protocols; (iii) access controls to ensure that only
authorized persons can view or process driver data; (iv) data
retention policy; (v) auditing and compliance monitoring; (vi)
data breach protocol; (vii) driver notification of data
sharing; (viii) driver consent and driver opt-out of data
sharing; and (ix) limitations on data use; (x) limiting the
disclosure of driver personal identifying information to the
HB4743 - 48 - LRB104 20444 SPS 33909 b
confidential uses necessary to effectuate this Act and not for
the purpose of enforcing federal immigration law or providing
it to an agency that primarily enforces immigration law,
unless the Board is provided with a lawful court order or
judicial warrant signed by a judge appointed pursuant to
Article III of the United States Constitution, a federal grand
jury or trial subpoena, or as otherwise required by federal
law.
Section 13. Public records. Any record furnished to the
Board, Department, or other state agency by a TNC pursuant to
this Act including, but not limited to, TND records, shall not
be considered a public record as defined in subsection (c) of
Section 2 of the Freedom of Information Act. Such records are
confidential and shall not be disclosed by the Board or any
persons who may be authorized by the Board to process them
solely for the purposes of this Act.
Section 900. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.71 as follows:
(5 ILCS 100/5-45.71 new)
Sec. 5-45.71. Emergency rulemaking; Transportation Network
Driver Labor Relations Act. To provide for the expeditious and
timely implementation of the Transportation Network Driver
Labor Relations Act, emergency rules implementing the
HB4743 - 49 - LRB104 20444 SPS 33909 b
Transportation Network Driver Labor Relations Act may be
adopted in accordance with Section 5-45 by the Illinois Labor
Relations Board or the Department of Labor. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 104th General Assembly.
Section 905. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 104-441 and
104-457)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
HB4743 - 50 - LRB104 20444 SPS 33909 b
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmitted
infection or any information the disclosure of which is
restricted under the Illinois Sexually Transmitted
Infection Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
HB4743 - 51 - LRB104 20444 SPS 33909 b
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
HB4743 - 52 - LRB104 20444 SPS 33909 b
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
HB4743 - 53 - LRB104 20444 SPS 33909 b
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
HB4743 - 54 - LRB104 20444 SPS 33909 b
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
HB4743 - 55 - LRB104 20444 SPS 33909 b
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
HB4743 - 56 - LRB104 20444 SPS 33909 b
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
HB4743 - 57 - LRB104 20444 SPS 33909 b
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act and all automated license plate reader (ALPR)
information used and collected by the Illinois State
Police. "ALPR information" means information gathered by
an ALPR or created from the analysis of data generated by
an ALPR. This subsection (fff) is inoperative on and after
July 1, 2028.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) Information exempt from disclosure under Section
30 of the Insurance Data Security Law.
HB4743 - 58 - LRB104 20444 SPS 33909 b
(kkk) Confidential business information prohibited
from disclosure under Section 45 of the Paint Stewardship
Act.
(lll) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) Information prohibited from being disclosed
under subsection (e) of Section 1-129 of the Illinois
Power Agency Act.
(nnn) Materials received by the Department of Commerce
and Economic Opportunity that are confidential under the
Music and Musicians Tax Credit and Jobs Act.
(ooo) Data or information provided pursuant to Section
20 of the Statewide Recycling Needs and Assessment Act.
(ppp) Information that is exempt from disclosure under
Section 28-11 of the Lawful Health Care Activity Act.
(qqq) Information that is exempt from disclosure under
Section 7-101 of the Illinois Human Rights Act.
(rrr) Information prohibited from being disclosed
under Section 4-2 of the Uniform Money Transmission
Modernization Act.
(sss) Information exempt from disclosure under Section
40 of the Student-Athlete Endorsement Rights Act.
(ttt) Audio recordings made under Section 30 of the
Illinois State Police Act, except to the extent authorized
under that Section.
(uuu) Information prohibited from being disclosed
HB4743 - 59 - LRB104 20444 SPS 33909 b
under Section 30-5 of the Digital Assets Regulation Act.
(vvv) Information prohibited or exempt from being
disclosed under the Transportation Network Driver Labor
Relations Act.
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
9-10-25.)
(Text of Section after amendment by P.A. 104-457 but
before 104-441)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
HB4743 - 60 - LRB104 20444 SPS 33909 b
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmitted
infection or any information the disclosure of which is
restricted under the Illinois Sexually Transmitted
Infection Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
HB4743 - 61 - LRB104 20444 SPS 33909 b
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
HB4743 - 62 - LRB104 20444 SPS 33909 b
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Northern
Illinois Transit Authority under Section 2.11 of the
Northern Illinois Transit Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
HB4743 - 63 - LRB104 20444 SPS 33909 b
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
HB4743 - 64 - LRB104 20444 SPS 33909 b
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
HB4743 - 65 - LRB104 20444 SPS 33909 b
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
HB4743 - 66 - LRB104 20444 SPS 33909 b
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
HB4743 - 67 - LRB104 20444 SPS 33909 b
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act and all automated license plate reader (ALPR)
information used and collected by the Illinois State
Police. "ALPR information" means information gathered by
an ALPR or created from the analysis of data generated by
an ALPR. This subsection (fff) is inoperative on and after
July 1, 2028.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) Information exempt from disclosure under Section
HB4743 - 68 - LRB104 20444 SPS 33909 b
30 of the Insurance Data Security Law.
(kkk) Confidential business information prohibited
from disclosure under Section 45 of the Paint Stewardship
Act.
(lll) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) Information prohibited from being disclosed
under subsection (e) of Section 1-129 of the Illinois
Power Agency Act.
(nnn) Materials received by the Department of Commerce
and Economic Opportunity that are confidential under the
Music and Musicians Tax Credit and Jobs Act.
(ooo) Data or information provided pursuant to Section
20 of the Statewide Recycling Needs and Assessment Act.
(ppp) Information that is exempt from disclosure under
Section 28-11 of the Lawful Health Care Activity Act.
(qqq) Information that is exempt from disclosure under
Section 7-101 of the Illinois Human Rights Act.
(rrr) Information prohibited from being disclosed
under Section 4-2 of the Uniform Money Transmission
Modernization Act.
(sss) Information exempt from disclosure under Section
40 of the Student-Athlete Endorsement Rights Act.
(ttt) Audio recordings made under Section 30 of the
Illinois State Police Act, except to the extent authorized
under that Section.
HB4743 - 69 - LRB104 20444 SPS 33909 b
(uuu) Information prohibited from being disclosed
under Section 30-5 of the Digital Assets Regulation Act.
(vvv) Information prohibited or exempt from being
disclosed under the Transportation Network Driver Labor
Relations Act.
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
6-1-26; revised 1-7-26.)
(Text of Section after amendment by P.A. 104-441)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
HB4743 - 70 - LRB104 20444 SPS 33909 b
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmitted
infection or any information the disclosure of which is
restricted under the Illinois Sexually Transmitted
Infection Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
HB4743 - 71 - LRB104 20444 SPS 33909 b
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
HB4743 - 72 - LRB104 20444 SPS 33909 b
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Northern
Illinois Transit Authority under Section 2.11 of the
Northern Illinois Transit Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
HB4743 - 73 - LRB104 20444 SPS 33909 b
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
HB4743 - 74 - LRB104 20444 SPS 33909 b
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
HB4743 - 75 - LRB104 20444 SPS 33909 b
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
HB4743 - 76 - LRB104 20444 SPS 33909 b
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
HB4743 - 77 - LRB104 20444 SPS 33909 b
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act and all automated license plate reader (ALPR)
information used and collected by the Illinois State
Police. "ALPR information" means information gathered by
an ALPR or created from the analysis of data generated by
an ALPR. This subsection (fff) is inoperative on and after
July 1, 2028.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) Information exempt from disclosure under Section
HB4743 - 78 - LRB104 20444 SPS 33909 b
30 of the Insurance Data Security Law.
(kkk) Confidential business information prohibited
from disclosure under Section 45 of the Paint Stewardship
Act.
(lll) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) Information prohibited from being disclosed
under subsection (e) of Section 1-129 of the Illinois
Power Agency Act.
(nnn) Materials received by the Department of Commerce
and Economic Opportunity that are confidential under the
Music and Musicians Tax Credit and Jobs Act.
(ooo) Data or information provided pursuant to Section
20 of the Statewide Recycling Needs and Assessment Act.
(ppp) Information that is exempt from disclosure under
Section 28-11 of the Lawful Health Care Activity Act.
(qqq) Information that is exempt from disclosure under
Section 7-101 of the Illinois Human Rights Act.
(rrr) Information prohibited from being disclosed
under Section 4-2 of the Uniform Money Transmission
Modernization Act.
(sss) Information exempt from disclosure under Section
40 of the Student-Athlete Endorsement Rights Act.
(ttt) Audio recordings made under Section 30 of the
Illinois State Police Act, except to the extent authorized
under that Section.
HB4743 - 79 - LRB104 20444 SPS 33909 b
(uuu) Information prohibited from being disclosed
under Section 30-5 of the Digital Assets Regulation Act.
(vvv) [(uuu)] Information exempt from disclosure under
Section 70 of the End-of-Life Options for Terminally Ill
Patients Act.
(www) Information prohibited or exempt from being
disclosed under the Transportation Network Driver Labor
Relations Act.
(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
Section 910. The Labor Dispute Act is amended by changing
Section 1.3 as follows:
(820 ILCS 5/1.3)
Sec. 1.3. Definitions. As used in Section 1.2 through 1.5:
"Employee" means any individual permitted to work by an
employer in an occupation. "Employee" includes any
transportation network driver, as that term is defined in the
HB4743 - 80 - LRB104 20444 SPS 33909 b
Transportation Network Driver Labor Relations Act.
"Employer" means any individual, partnership, association,
corporation, business trust, governmental or
quasi-governmental body, or any person or group of persons
that employs any person to work, labor, or exercise skill in
connection with the operation of any business, industry,
vocation, or occupation. "Employer" includes any
transportation network company, as defined in the
Transportation Network Driver Labor Relations Act, with
respect to its engagement or contracting of transportation
network drivers. With respect to transportation network
drivers and transportation network companies, the term
"employment" shall include the engagement or contracting of a
transportation network driver by a transportation network
company to provide transportation network company services, as
those terms are defined in the Transportation Network Driver
Labor Relations Act.
"Picketing" means the stationing of a person for an
organization to apprise the public by signs or other means of
the existence of a dispute pursuant to the National Labor
Relations Act, 29 U.S.C. 151 et seq., and the Labor Management
Relations Act, 29 U.S.C. 141 et seq, or the Transportation
Network Driver Labor Relations Act.
"Dispute" includes any controversy concerning terms or
conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining,
HB4743 - 81 - LRB104 20444 SPS 33909 b
changing, or seeking to arrange terms or conditions of
employment or other protest, regardless of whether or not the
disputants stand in the proximate relationship of employer and
employee.
"Public right of way" means that portion of the highway or
street adjacent to the roadway for accommodating stopped
vehicles or for emergency use; or that portion of a street
between the curb lines, or the lateral lines of a roadway, and
the adjacent property lines.
"Temporary sign" means a sign or other display or device
that is not permanently affixed and is capable of being
removed at the end of each day or shift.
"Temporary shelter" means a tent or shelter that is not
permanently affixed and is capable of being removed at the end
of each day or shift, not to exceed 300 square feet in size.
(Source: P.A. 94-321, eff. 1-1-06.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 997. Severability. The provisions of this Act
HB4743 - 82 - LRB104 20444 SPS 33909 b
shall be severable as provided in Section 1.31 of the Statute
on Statutes; notwithstanding that, if the definition of the
"transportation network driver" is held to be preempted by the
National Labor Relations Act, 29 U.S.C. 141 et seq., by a court
of competent jurisdiction and such determination is not
reversed after exhaustion of all appeals, no provision of this
Act shall be deemed valid or given force of law.
Section 999. Effective date. This Act takes effect upon
becoming law.

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.

Sponsors

Rep. Yolanda Morris (D) sponsors HB 4743, and 12 members have co-sponsored it.

Committees

HB 4743 went before 2 committees: Rules and Executive.

Rules
Rules
Referred to · Feb 6, 2026 · 5,290 Bills
Executive
Executive
Referred to · Feb 17, 2026

History

HB 4743 has taken 25 actions since Feb 2, 2026, the latest on May 28, 2026.

ChamberAction
May 28, 2026
House
Added Co-Sponsor Rep. Lilian Jiménez
May 28, 2026
House
Added Co-Sponsor Rep. Nicolle Grasse
May 26, 2026
House
Added Co-Sponsor Rep. Aarón M. Ortíz
May 22, 2026
House
Added Co-Sponsor Rep. La Shawn K. Ford
Apr 17, 2026
House
Rule 19(a) / Re-referred to Rules Committee

Votes

HB 4743 went to 1 roll call in the House, the latest on Mar 26, 2026 at 84.

ChamberQuestion
Yea
Nay
Mar 26, 2026
House
House Executive Committee
8
4

Source: ilga.gov · legiscan.com