- H.R. 10171August 27, 2026
- H.R. 10156August 27, 2026
- H.R. 10172August 27, 2026
- H.R. 10160August 27, 2026
- H.R. 10181August 27, 2026
- H.R. 10176August 27, 2026
- H.Res. 1496August 27, 2026
- H.R. 10164August 27, 2026
- H.R. 10170August 27, 2026
- H.Res. 1494August 27, 2026
- H.R. 10163August 27, 2026
- H.R. 10157August 27, 2026
- AdministrationU.S. House
- AgricultureU.S. House
- Agriculture, Nutrition, And ForestryU.S. House
- AppropriationsU.S. House
- Armed ServicesU.S. House
- Banking, Housing, And Urban AffairsU.S. House
- BudgetU.S. House
- Commerce, Science, And TransportationU.S. House
- Education and WorkforceU.S. House
- Energy And CommerceU.S. House
- Energy And Natural ResourcesU.S. House
- Environment And Public WorksU.S. House
- EthicsU.S. House
- FinanceU.S. House
- Financial ServicesU.S. House
- Foreign AffairsU.S. House
- Foreign RelationsU.S. House
- Health, Education, Labor, And PensionsU.S. House
- Homeland SecurityU.S. House
- Homeland Security And Governmental Affa…U.S. House
- Indian AffairsU.S. House
- Indian and Insular AffairsU.S. House
- IntelligenceU.S. House
- JudiciaryU.S. House
- Natural ResourcesU.S. House
- Oversight And Government ReformU.S. House
- Permanent Select IntelligenceU.S. House
- RulesU.S. House
- Rules And AdministrationU.S. House
- Science, Space, And TechnologyU.S. House
- Select IntelligenceU.S. Senate
- Small BusinessU.S. House
- Small Business And EntrepreneurshipU.S. House
- Subcommittee on AviationU.S. House
- Subcommittee on Border Security and Enf…U.S. House
- Subcommittee on Coast Guard and Maritim…U.S. House
- Subcommittee on Commodity Markets, Digi…U.S. House
- Subcommittee on Conservation, Research,…U.S. House
- Subcommittee on Counterterrorism and In…U.S. House
- Subcommittee on Cybersecurity and Infra…U.S. House
- Subcommittee on Disability Assistance a…U.S. House
- Subcommittee on Economic Development, P…U.S. House
- Subcommittee on Economic OpportunityU.S. House
- Subcommittee on Emergency Management an…U.S. House
- Subcommittee on Energy and Mineral Reso…U.S. House
- Subcommittee on Federal LandsU.S. House
- Subcommittee on Forestry and Horticultu…U.S. House
- Subcommittee on General Farm Commoditie…U.S. House
- Subcommittee on HealthU.S. House
- Subcommittee on Highways and TransitU.S. House
- Subcommittee on Livestock, Dairy, and P…U.S. House
- Subcommittee on Nutrition and Foreign A…U.S. House
- Subcommittee on Oversight and Investiga…U.S. House
- Subcommittee on Oversight, Investigatio…U.S. House
- Subcommittee on Railroads, Pipelines, a…U.S. House
- Subcommittee on Transportation and Mari…U.S. House
- Subcommittee on Water Resources and Env…U.S. House
- Subcommittee on Water, Wildlife and Fis…U.S. House
- Transportation And InfrastructureU.S. House
- Veterans' AffairsU.S. House
- Ways And MeansU.S. House

HB 4743
Illinois House•Introduced
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.txtSelect Language×The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.The English language version is always the official and authoritative version of this website.NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.Choose LanguageEnglishAfrikaansAlbanianArabicArmenianAzerbaijaniBasqueBengaliBosnianCatalanCroatianCzechDanishDutchEsperantoEstonianFilipinoFinnishFrenchGalicianGeorgianGermanGreekGujaratiHaitian CreoleHausaHawaiianHebrewHindiHungarianIcelandicIndonesianInterlinguaInterlingueInuktitutIrishItalianJapaneseJavaneseKannadaKhmerKoreanLatinLatvianLithuanianLuxembourgishMacedonianMalagasyMalayalamMalteseMaoriMarathiMyanmarNepaliNorwegianOdiaPashtoPunjabiRomanianRussianSamoanSangoSanskritSardinianSindhiSinhalaSlovakSlovenianSomaliSouthern SothoSpanishSundaneseSwahiliSwedishTamilTeluguThaiTigrinyaTongaTurkishUkrainianUrduVietnameseWelshXhosaYiddishYorubaZuluPowered by TranslateCloseIllinois General AssemblyTop Navigation BarTranslateLearnSelect General AssemblySearch the 104th General AssemblyEnter search terms for legislation, members, committees, or schedules.ILGA.GOVMobile Top BarSearch the 104th General AssemblyEnter keywords to search the Illinois General Assembly website.Full Text of HB4743HomeLegislationFull TextHB4743 - 104th General AssemblyBill StatusFull TextVotesWitness SlipsSelect MenuBill StatusFull TextVotesWitness SlipsPrinter Friendly VersionIntroducedHouse Amendment 001Printer Friendly VersionIntroducedHouse Amendment 001Open PDF104TH GENERAL ASSEMBLYState of Illinois2025 and 2026HB4743Introduced , by Rep. Yolonda MorrisSYNOPSIS AS INTRODUCED:New Act5 ILCS 100/5-45.71 new5 ILCS 140/7.5820 ILCS 5/1.3Creates 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 bA BILL FORHB4743 LRB104 20444 SPS 33909 b1 AN ACT concerning regulation.2 Be it enacted by the People of the State of Illinois,3represented in the General Assembly:4 Section 1. Short title. This Act may be cited as the5Transportation Network Driver Labor Relations Act.6 Section 2. Findings; legislative intent; construction.7 (a) The General Assembly finds that the growing rate of8technological advancement has fundamentally altered the way9that many people work within the State in the transportation10sector, in which companies connect, through an online11application, persons seeking passenger transportation services12to persons willing to supply those transportation services.13These persons willing to supply those transportation services,14known as transportation network drivers, often suffer poor15pay, inadequate health coverage, and lack of other benefits.16It is hereby declared that the best interests of the people of17this State are served by providing transportation network18drivers the opportunity to self-organize, designate19representatives of their own choosing, and to bargain20collectively on a sectoral basis in order to obtain21sustainable wages, benefits, and working conditions, subject22to approval and ongoing supervision by the State. It is23further declared that the best interests of the people of thisHB4743 - 2 - LRB104 20444 SPS 33909 b1State are served by the prevention or prompt resolution of2disputes between transportation network companies and the3transportation network drivers who supply the labor to4effectuate those services through collective bargaining on a5sectoral basis, subject to approval and ongoing supervision by6the State. This Act shall be deemed an exercise of the police7power of the State for the protection of the public welfare,8prosperity, health, and peace of the people of the State, and9shall be liberally construed for the accomplishment of its10purposes.11 (b) The General Assembly finds that it is in the public12policy interests of the State to displace competition with13regulation of the terms and conditions of work for14transportation network drivers; and, consistent with this15policy, to exempt from federal and State antitrust laws any16conduct authorized under this Act, including the formation of17transportation network driver organizations and multi-company18associations for the purposes of collective bargaining on a19sectoral basis between transportation network companies and20transportation network drivers on an industry-wide basis, and21to supervise, evaluate, and if approved, implement the22resulting sectoral agreements concerning industry regulations23for the terms and conditions of work for all transportation24network drivers in an industry when such sectoral agreements25are found by the Department of Labor to advance the public26purposes stated in this Section and are then made binding,HB4743 - 3 - LRB104 20444 SPS 33909 b1regardless of the anticompetitive consequences thereof.2 (c) It is the intent and policy of the State:3 (1) To grant transportation network drivers the right4 to form, join, or assist transportation network driver5 organizations, to be represented through representatives6 of their own choosing, and to engage in other concerted7 activities for the purpose of bargaining with8 transportation network companies and to create negotiated9 recommendations in the form of a sectoral agreement, which10 shall form the basis for industry regulations, and for the11 purpose of other mutual aid or protection; and12 (2) To grant transportation network companies the13 right to form multi-company associations to represent them14 while bargaining with a transportation network driver15 organization to create negotiated recommendations in the16 form of a sectoral agreement, which shall form the basis17 for industry regulations.18 (d) The intent and policy of the State is for the statutory19and non-statutory labor exemptions from the federal antitrust20laws and analogous State laws to apply to transportation21network drivers who choose to form, join, or assist labor22organizations in labor activity, to transportation network23driver organizations who organize and represent such drivers,24and to transportation network companies who may choose to form25an industry association to negotiate on their behalf or26otherwise engage in labor activity, permitted by this Act.HB4743 - 4 - LRB104 20444 SPS 33909 b1 (e) The intent and policy of the State in authorizing and2regulating transportation network companies, transportation3network drivers engaging in labor activity, and transportation4network driver organizations, permitted by this Act, is that5state action immunity apply to this Act, including the6sectoral agreement approved by the Department of Labor, and7that such transportation network companies, transportation8network drivers, and transportation network driver9organizations be immune from the federal and State antitrust10laws to the fullest extent possible in their conduct pursuant11to this Act.12 (f) The State shall actively supervise the qualified labor13activity permitted by this Act conducted by transportation14network companies, transportation network drivers, and15transportation network driver organizations pursuant to this16Act to ensure that the conduct permitted by this Act protects17the rights of workers and companies, encourages collective18bargaining on a sectoral basis and labor peace, and otherwise19advances the purposes of this Act.20 Section 3. Definitions. As used in this Act:21 "Active transportation network driver" and "active TND"22means a transportation network driver designated pursuant to23the following process: Within 90 days after the effective date24of this Act, and once each calendar quarter thereafter, each25covered transportation network company shall provide theHB4743 - 5 - LRB104 20444 SPS 33909 b1Board, in an electronic format determined by the Board, with2information that identifies all transportation network drivers3who completed 5 or more rides that originate in the State on4the covered TNC's platform in the previous 6 months. Each5covered TNC shall provide this information within 2 weeks6after the end of each calendar quarter (by April 14 provide TND7information from rides originating between October 1 and March831, by July 14 provide TND information from rides originating9between January 1 and June 30, by October 14 provide TND10information from rides originating between April 1 and11September 30, by January 14 provide TND information from rides12originating between July 1 and December 31). The information13shall include only the name of the TND, the TND driver's14license number, and to the extent known by a TNC, the TND's15mobile phone number, mailing address, email address, and the16number of rides the TND completed through the covered TNC's17platform in the previous 6 months. Within 14 days after the18deadline for submission of the information from covered TNCs19required in this definition, the Board shall combine the data20provided by all covered TNCs to determine the distribution of21the number of rides completed by all TNDs for which data has22been submitted, and then shall determine the median number of23rides across TNDs for whom data has been submitted in the24previous 6 months. Any TND who completed greater than or equal25to the median number of rides shall be considered an active26transportation network driver in the rideshare industry. TheHB4743 - 6 - LRB104 20444 SPS 33909 b1information required to be provided to the Board in this2definition shall be produced in a manipulable electronic3format, such as a spreadsheet program consisting of cells4organized by lettered columns and numbered rows with each data5point in a separate cell that allows users to sort and perform6calculations and analysis. The Board may require that the7information be provided in a specified software program. The8records and information provided to the Board by9transportation network companies are exempt from disclosure10under the Freedom of Information Act.11 "Board" means the State Panel of the Illinois Labor12Relations Board created by Section 5 of the Illinois Public13Labor Relations Act.14 "Company union" means any committee, driver representation15plan, or association of workers or others that exists for the16purpose, in whole or in part, of dealing with TNCs concerning17grievances or terms and conditions of work for TNDs: (i) which18a TNC has initiated or created or whose initiation or creation19it has suggested or participated in; (ii) which a TNC20participates in, supervises, or conducts the formulation of21governing rules or policies, management, operations, or22elections; or (iii) which the TNC maintains, finances,23controls, dominates, or assists in maintaining or financing24unless required to do so by this Act, its implementing rules,25or any other legal requirement, whether by compensating anyone26for services performed in its behalf or by donating freeHB4743 - 7 - LRB104 20444 SPS 33909 b1services, equipment, materials, office or meeting space, or2anything else of value, or by any other means.3 A TNC driver organization shall not be deemed a company4union solely because any of the following are true:5 (1) It has negotiated or been granted the right to6 designate TNC drivers to be released with pay for the7 purpose of providing representational services in8 labor-management affairs on behalf of TNC drivers9 represented by the TNC driver organization.10 (2) In the course of providing representational11 services to workers for whom it is the exclusive12 bargaining representative, a TNC has allowed agents of the13 TNC driver organization to meet with drivers at the TNC's14 premises or communicate with TNDs via the TNC's platform.15 (3) It has received from a TNC the voluntary16 membership dues deductions of TNC drivers or the TNC has17 processed or transmitted membership dues pursuant to18 paragraph (5) of subsection (d) of Section 8.19 (4) It has received funds from a TNC for the20 administration of benefits and services to TNC drivers21 pursuant to a sectoral agreement in its capacity as the22 exclusive bargaining representative.23 (5) It has negotiated with a TNC, before or after24 certification as the exclusive bargaining representative,25 for the right and requisite resources to communicate or26 meet with TNDs for any purpose permitted under this Act,HB4743 - 8 - LRB104 20444 SPS 33909 b1 including via the TNC's platform.2 "Covered transportation network company" and "covered TNC"3means a transportation network company so designated pursuant4to the following process:5 (1) In addition to the TND lists and information6 required by the definition of "active transportation7 network driver", within 90 days after the effective date8 of this Act, within 2 weeks after the end of each calendar9 quarter, each TNC shall electronically submit to the Board10 a single statewide total of the rides performed during the11 prior quarter by transportation network drivers on its12 online-enabled application or platform. For purposes of13 this definition, all digital networks or software14 application services that any related corporate entities15 under common control maintain shall be considered a single16 TNC.17 (2) The information required by paragraph (1) of this18 definition shall be produced in a manipulable electronic19 format, such as a spreadsheet program consisting of cells20 organized by lettered columns and numbered rows with each21 data point in a separate cell that allows users to sort and22 perform calculations and analysis. The Board may require23 that the information be provided in a specified software24 program.25 (3) Within 14 days after the deadline set forth in26 paragraph (1) of this definition, the Board shallHB4743 - 9 - LRB104 20444 SPS 33909 b1 designate the covered TNCs through the following2 procedure. The Board shall total all rides reported3 pursuant to paragraph (1) of this definition. The Board4 shall then rank all TNCs by rideshare volume in descending5 order. The Board shall begin with the highest ranked TNC6 and continue down the list until the Board has identified7 the TNCs whose rides collectively equal or exceed 95% of8 the statewide total for the preceding quarter. These TNCs9 shall be deemed "covered TNCs" for purposes of this Act.10 For purposes of this paragraph, all TNCs under common11 ownership or control shall be considered to be a single12 TNC. The Board shall then publish the list of covered TNCs13 and noncovered TNCs and rideshare volume information on14 its internet website. The Board shall notify each TNC as15 to whether the TNC is a covered TNC.16 (4) The failure of a TNC to submit the list required by17 paragraph (1) of this definition shall not prevent the18 Board from providing a list of covered and noncovered TNCs19 to the extent the Board concludes that the missing20 information cannot reasonably be expected to change21 whether those TNCs are covered or noncovered TNCs.22 (5) A TNC that was not a covered TNC when a sectoral23 agreement took effect but whose rideshare volume in a24 later quarter brings it within the 95% threshold25 identified in paragraph (3) of this definition shall26 become a covered TNC, and therefore bound by all terms ofHB4743 - 10 - LRB104 20444 SPS 33909 b1 the sectoral agreement immediately.2 (6) A TNC that becomes a covered TNC pursuant to this3 Section shall remain a covered TNC for the remaining term4 of a sectoral agreement.5 "Department" means the Department of Labor.6 "Exclusive bargaining representative" means a TND7organization certified by the Board, in accordance with this8Act, as the representative of TNDs in a bargaining unit.9 "Mandatory subjects of bargaining" means those subjects of10bargaining related to compensation, benefits, and other terms11and conditions of work, including, but not limited to,12deactivations, and dispute resolution procedures for resolving13claims alleging unjust deactivation.14 "Person" includes one or more individuals, TNDs, TND15organizations, TNCs, network companies, labor organizations,16associations, corporations, legal representatives, trustees,17trustees in bankruptcy, or receivers.18 "Transportation network company" and "TNC" means an entity19operating in the State that uses a digital network or software20application service to connect passengers to transportation21network company services provided by transportation network22drivers. For purposes of this paragraph, all digital networks23or software application services that any related corporate24entities under common control maintain shall be considered a25single TNC. A TNC is not deemed to own, control, operate, or26manage the vehicles used by transportation network drivers,HB4743 - 11 - LRB104 20444 SPS 33909 b1and is not a taxicab association or a for-hire vehicle owner.2 "Transportation network company services" and "TNC3services" means transportation of a passenger between points4chosen by the passenger and prearranged with a transportation5network driver through the use of a TNC digital network or6software application. "Transportation network company7services" and "TNC services" do not include a taxicab,8for-hire vehicle, or street hail service.9 "Transportation network driver", "transportation network10company driver", "TNC driver", and "TND" means an individual11who operates a motor vehicle that: (i) is owned, leased, or12otherwise authorized for use by the individual; (ii) is not a13taxicab or for-hire public passenger vehicle; (iii) is used to14provide transportation network company services; and (iv)15operates under the TNC license of the TNC. "Transportation16network driver", "transportation network company driver", "TNC17driver", and "TND" do not include any individual who, with18respect to the provision of TNC services is: (i) determined by19a final order of a court of competent jurisdiction to be an20employee within the meaning of Section 2(3) of the National21Labor Relations Act, 29 U.S.C. 152(3), or within the meaning22of 26 CFR 31.3121(d)-1 or 31.3401(c)-1; or (ii) declared by a23TNC to be an employee within the meaning of Section 2(3) of the24National Labor Relations Act, 29 U.S.C. 152(3) and within the25meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1.26 "Transportation network driver organization" and "TNDHB4743 - 12 - LRB104 20444 SPS 33909 b1organization" means any organization in which TNDs2participate, and which exists and is constituted for the3purpose, in whole or in part, of collective bargaining, or of4dealing with transportation network companies concerning5grievances, terms or conditions of work, or of other mutual6aid or protection and which is not a company union as defined7by this Act.8 "Unfair work practices" means only those unfair work9practices set forth in Section 6.10 Section 4. Powers of the Board. The Board shall have11jurisdiction over unfair work practices and collective12bargaining matters between transportation network companies13and transportation network driver organizations, except for14the determinations to be made by the Department under this15Act.16 Section 5. Rights of TNDs. Transportation network drivers17shall have the right of self-organization, to form, join, or18assist TND organizations, to bargain collectively through19representatives of their own choosing, and to engage in20concerted activities, for the purpose of collective bargaining21or other mutual aid or protection, free from interference,22restraint, or coercion by TNCs, and shall also have the right23to refrain from any of these activities. Nothing contained in24this Act shall be interpreted to prohibit TNDs from exercisingHB4743 - 13 - LRB104 20444 SPS 33909 b1the right to confer with TNCs at any time, provided that during2such conference there is no attempt by such TNC, directly or3indirectly, to interfere with, restrain, or coerce such4workers in the exercise of the rights guaranteed by this Act.5 Section 6. Unfair work practices.6 (a) It is an unfair work practice for a TNC to:7 (1) Fail or refuse to provide the Board or a TND8 organization with an accurate list of the names, trips9 made, and contact information for TNDs, as required by10 this Act.11 (2) Fail or refuse to submit the list to the Board12 required by the definition of "covered transportation13 network company".14 (3) Fail or refuse to negotiate in good faith with a15 TND organization certified as an exclusive bargaining16 representative of TNDs engaged with such TNC, concerning17 mandatory subjects of bargaining.18 (4) Fail or refuse to provide a TND organization,19 certified as an exclusive bargaining representative of20 TNDs engaged with such TNC, with information requested by21 the TND organization that is relevant to, and necessary22 for, purposes of bargaining and the performance of its23 other duties required by this Act.24 (5) Fail or refuse to continue all the terms of a25 determination of terms and conditions of work approved orHB4743 - 14 - LRB104 20444 SPS 33909 b1 prescribed by the Department pursuant to this Act until a2 new determination is approved or prescribed, unless in3 accordance with a recognized exception under the law.4 (6) Dominate or interfere with the formation,5 existence, or administration of any TND organization, or6 to contribute financial or other support to any such7 organization, directly or indirectly, unless required by8 this Act or by any rules implementing this Act, including,9 but not limited to, the following:10 (i) by participating or assisting in, supervising,11 or controlling (1) the initiation or creation of any12 such organization or (2) the meetings, management,13 operation, elections, formulation or amendment of14 constitution, rules, or policies, of any such15 organization;16 (ii) by offering incentives to TNDs to join any17 such organization; or18 (iii) by donating free services, equipment,19 materials, office or meeting space or anything else of20 value for the use of any such organization; provided21 that a TNC may permit TNDs to perform representational22 work protected under this Act during working hours23 without loss of time or pay or allow agents of a TND24 organization that is the exclusive representative of25 its TNDs to meet with TNDs on its premises or26 communicate with TNDs via the TNC's platform.HB4743 - 15 - LRB104 20444 SPS 33909 b1 (7) Require a TND to join any company union or TND2 organization or to require a TND to refrain from forming,3 or joining or assisting a TND organization of their own4 choosing.5 (8) Encourage membership in any company union or6 discourage membership in any TND organization, by7 discrimination in regard to any term or condition of work.8 (9) Deactivate or otherwise discriminate against a TND9 because they have signed or filed any charge, affidavit,10 petition, or complaint or given any information or11 testimony under this Act.12 (10) Distribute or circulate any blacklist of13 individuals exercising any right created or confirmed by14 this Act or of members of a TND organization, or to inform15 any person of the exercise by any individual of such right16 or of the membership of any individual in a TND17 organization for the purpose of preventing individuals so18 blacklisted or so named from obtaining or retaining19 opportunities for remuneration.20 (11) Perform any acts, other than those already21 enumerated in this Section, which interfere with,22 restrain, or coerce TNDs in the exercise of the rights23 guaranteed by this Act.24 (b) It is an unfair work practice for a TND organization25to:26 (1) Fail or refuse to negotiate in good faith with aHB4743 - 16 - LRB104 20444 SPS 33909 b1 TNC concerning mandatory subjects of bargaining, provided2 that the TND organization is the certified exclusive3 bargaining representative of the TNC's transportation4 network drivers, including by refusing to provide5 information requested by a TNC that is relevant and6 necessary for purposes of bargaining and the performance7 of its other duties required by this Act.8 (2) Restrain or coerce TNDs in the exercise of the9 rights guaranteed by this Act, provided that this10 paragraph shall not impair the right of a TND organization11 to prescribe its own rules with respect to the acquisition12 or retention of membership in the organization.13 (3) Fail or refuse to fulfill its duty of fair14 representation by intentional misconduct in representing15 TNDs where it is the certified exclusive bargaining16 representative.17 (4) Restrain or coerce a TNC in the selection of its18 representatives for the purpose of bargaining or the19 adjustment of grievances.20 (5) Cause or attempt to cause an employer to21 discriminate against an employee in violation of paragraph22 (9) of subsection (a) of Section 6.23 (c) For purposes of this Section "to negotiate in good24faith" means the performance of the mutual obligation of the25transportation network companies or their agents or26representatives and the exclusive bargaining representative toHB4743 - 17 - LRB104 20444 SPS 33909 b1meet at reasonable times and negotiate in good faith with2respect to mandatory subjects of bargaining, or the3negotiation of a sectoral agreement under Section 10, or any4question arising thereunder, and to execute a written contract5incorporating any agreement reached if requested by either6party. However, this mutual obligation does not compel the7transportation network companies or the exclusive bargaining8representative to agree to a proposal or require the making of9a concession.10 Section 7. Prevention of unfair work practices.11 (a) The Board is empowered and directed to prevent any TNC12and any TND organization from engaging in any unfair work13practice described in this Act. This power shall not be14affected or impaired by any means of adjustment, mediation, or15conciliation in labor disputes that have been or may hereafter16be established by law or by the determination provided for in17subsection (i) of Section 10. In order to prevent unfair work18practices, each TNC shall, at least once each year, send a text19message and an email to each of its active TNDs in a form20determined by the Board notifying the TNDs of their rights21under this Act, and the procedure for filing an unfair work22practice charge. The TNC shall provide the notice in all23languages that the Board determines are likely spoken by 5% or24more of TNC drivers. The Board shall also post a copy of this25notice on its website.HB4743 - 18 - LRB104 20444 SPS 33909 b1 (b) Unfair work practice charges shall be filed no later2than 6 months after the date on which the charging party knew,3or reasonably should have known, of the violation.4 (c) Whenever it is charged that any person has engaged in,5or is engaging in, any unfair work practice, the Board, or any6agent or agency designated by the Board for such purposes,7shall conduct an investigation of the charge. If after such8investigation the Board finds that the charge involves a9dispositive issue of law or fact, the Board shall issue a10complaint and cause to be served upon the person a complaint11stating the charges, accompanied by a notice of hearing before12the Board or a member thereof designated by the Board, or13before a qualified hearing officer designated by the Board at14the offices of the Board or such other location as the Board15deems appropriate, not less than 5 days after serving of such16complaint. Any such complaint may be amended by the member or17hearing officer conducting the hearing for the Board in their18discretion at any time prior to the issuance of an order based19thereon. The person who is the subject of the complaint has the20right to file an answer to the original or amended complaint21and to appear in person or by a representative and give22testimony at the place and time fixed in the complaint. In the23discretion of the member or hearing officer conducting the24hearing or the Board, any other person may be allowed to25intervene in the proceeding and to present testimony. In any26hearing conducted by the Board, neither the Board nor theHB4743 - 19 - LRB104 20444 SPS 33909 b1member or agent conducting the hearing shall be bound by the2rules of evidence applicable to courts, except as to the rules3of privilege recognized by law.4 (d) The Board shall have the power to issue subpoenas and5administer oaths. If any party willfully fails or neglects to6appear or testify or to produce books, papers, and records7pursuant to the issuance of a subpoena by the Board, the Board8may apply to a court of competent jurisdiction to request that9such party be ordered to appear before the Board to testify or10produce the requested evidence.11 (e) Any testimony taken by the Board, or a member12designated by the Board or a hearing officer thereof, must be13reduced to writing and filed with the Board. A full and14complete record shall be kept of all proceedings before the15Board, and all proceedings shall be transcribed by a reporter16appointed by the Board. The party on whom the burden of proof17rests shall be required to sustain such burden by a18preponderance of the evidence, and the charging party shall19have the burden of proving the unfair work practice20accordingly. If, upon a preponderance of the evidence taken,21the Board is of the opinion that any person named in the charge22has engaged in or is engaging in an unfair work practice, then23it shall state its findings of fact and shall issue and cause24to be served upon the person an order requiring them to cease25and desist from the unfair work practice, and to take such26affirmative action as will effectuate the provisions of thisHB4743 - 20 - LRB104 20444 SPS 33909 b1Act including, but not limited to: (i) withdrawal of2recognition from and refraining from bargaining sectorally3with any organization or association, agency, or plan that is4either defined in this Act as a company union or established,5maintained, or assisted by any action defined in this Act as an6unfair work practice; (ii) awarding of back compensation7without any reduction based on the TND's interim earnings or8failure to earn interim earnings and, upon a showing of9egregious misconduct, an additional amount as liquidated10damages equal to 2 times the amount of back compensation11awarded; (iii) requiring reengagement or reestablishment of12the TNC's preexisting relationship with an improperly13adversely affected TND with or without compensation, or14maintenance of a preferential list from which such TND shall15be reengaged or the relationship reestablished, and such order16may further require such respondent to make reports from time17to time showing the extent to which the order has been complied18with; (iv) requiring the TNC to recognize and bargain with a19TND organization if the Board determines that the unfair work20practice interfered with the TND's right to form or join a TND21organization; and (v) requiring the respondent to comply with22any other obligation of this Act. The Board's order may in its23discretion also include an appropriate sanction, based on the24Board's rules, and the sanction may include an order to pay the25other party or parties' reasonable expenses including costs26and reasonable attorney's fees, if the other party has madeHB4743 - 21 - LRB104 20444 SPS 33909 b1allegations or denials without reasonable cause and found to2be untrue or has engaged in frivolous litigation for the3purpose of delay or needless increase in the cost of4litigation. If the Board awards back compensation, damages, or5monetary sanction, it shall also award interest at the rate of67% per annum. The Board's order may further require the person7to make reports from time to time, and demonstrate the extent8to which the person has complied with the order. If there is no9preponderance of evidence to indicate to the Board that the10person named in the charge has engaged in or is engaging in the11unfair work practice, then the Board shall state its findings12of fact and shall issue an order dismissing the complaint.13 (f) Until the record in a case has been filed in court, the14Board at any time, upon reasonable notice and in such manner as15it deems proper, may modify or set aside, in whole or in part,16any finding or order made or issued by it.17 (g) A charging party or any person aggrieved by a final18order of the Board granting or denying in whole or in part the19relief sought may apply for and obtain judicial review of an20order of the Board entered under this Act, in accordance with21the provisions of the Administrative Review Law, except that22such judicial review shall be afforded directly in the23Appellate Court for the district in which the aggrieved party24resides or transacts business, and such judicial review shall25not be available for the purpose of challenging a final order26issued by the Board pursuant to Section 8 for which judicialHB4743 - 22 - LRB104 20444 SPS 33909 b1review has been petitioned pursuant to subsection (e) of2Section 8. Any direct appeal to the Appellate Court shall be3filed within 35 days after the date that a copy of the decision4sought to be reviewed was served upon the party affected by the5decision. The filing of such an appeal to the Appellate Court6shall not automatically stay the enforcement of the Board's7order. An aggrieved party may apply to the Appellate Court for8a stay of the enforcement of the Board's order after the9aggrieved party has followed the procedure prescribed by10Supreme Court Rule 335. The Board in proceedings under this11Section shall request and may obtain an order of the court for12the enforcement of the Board's order.13 (h) Whenever it appears that any person has violated a14final order of the Board issued pursuant to this Section, the15Board must commence an action in the name of the People of the16State of Illinois by petition, alleging the violation,17attaching a copy of the order of the Board, and praying for the18issuance of an order directing the person, the person's19officers, agents, servants, successors, and assigns to comply20with the order of the Board. The Board shall be represented in21this action by the Attorney General in accordance with the22Attorney General Act. The court may grant or refuse, in whole23or in part, the relief sought, provided that the court may stay24an order of the Board in accordance with the Administrative25Review Law, pending disposition of the proceedings. The court26may punish a violation of its order as in civil contempt. TheHB4743 - 23 - LRB104 20444 SPS 33909 b1proceedings provided in this paragraph shall be commenced in2the Appellate Court for the district where the unfair work3practice which is the subject of the Board's order was4committed, or where a person required to cease and desist by5such order resides or transacts business. In case of the6enforcement of an order of the Board, the Appellate Court7shall have the power to issue any injunctive or equitable8remedy it finds appropriate, and in the case of a Board order9which requires the payment of money, the Appellate Court shall10have the power to enter judgment for the amount justified by11the record and for costs, which judgment may be enforced as12other judgments for the recovery of money.13 (i)(1) A party filing an unfair work practice charge under14this Section may petition the Board to obtain injunctive15relief, pending a decision on the merits of the charge by the16Board, a member thereof designated by the Board, or by a17hearing officer designated by the Board, upon a showing that:18(i) it is likely to succeed on the merits; (ii) it is likely to19suffer irreparable harm in the absence of preliminary relief;20(iii) the balance of equities tips in their favor; and (iv) an21injunction is in the public interest. The immediate and22irreparable harm may include the chilling of TNDs in the23exercise of rights provided or protected by this Act.24 (2) Within 30 days after the receipt by the Board of such25petition for injunctive relief, if the Board determines that a26charging party has made a sufficient showing pursuant toHB4743 - 24 - LRB104 20444 SPS 33909 b1paragraph (1) the Board, through the Attorney General, shall2petition the circuit court where the alleged unfair work3practice was allegedly committed, or where a person required4to cease and desist from such alleged unfair work practice5resides or transacts business, for appropriate temporary6relief or restraining order. If the Board fails to act within710 days, the Board shall be deemed to have made a final order8determining not to seek injunctive relief. If the Board9determines not to seek injunctive relief, or if the Board or10Attorney General do not petition the circuit court for such11injunctive relief within 30 days after the filing of the12charging party's petition with the Board, the charging party13may seek injunctive relief by petition to the circuit court,14in which case the Board must be joined as a necessary party.15 (3) Upon the filing of any petition for injunctive relief16as provided in the preceding paragraph, such injunctive relief17may be granted by the court, after hearing all parties, if it18determines that there is a sufficient showing under paragraph19(1). The relief shall expire on decision by the Board, a member20thereof designated by the Board, or a hearing officer21designated by the Board finding no unfair work practice to22have occurred, successful appeal of the grant of injunctive23relief, or successful motion to vacate or modify such24injunctive relief pursuant to the Code of Civil Procedure. Any25injunctive relief in effect pending a decision by the Board26(i) shall expire upon a decision by the Board finding no unfairHB4743 - 25 - LRB104 20444 SPS 33909 b1work practice to have occurred, of which the Board shall2notify the court immediately, or (ii) shall remain in effect3only to the extent it implements any remedial order issued by4the Board in its decision, of which the Board shall notify the5court immediately.6 (4) A decision on the merits of the unfair work practice7charge by the Board finding an unfair work practice to have8occurred shall continue the injunctive relief until either (i)9the respondent implements the remedy, or (ii) the Board's10order is set aside in an action for review of the Board's order11pursuant to the Administrative Review Law as set forth in12subsection (g).13 (5) The appeal of any order granting, denying, modifying,14or vacating injunctive relief ordered by the court pursuant to15this subsection shall be made in accordance with the Code of16Civil Procedure and Supreme Court Rules.17 (6) The Board or, where applicable, the charging party,18shall not be required to give any undertakings or bond and19shall not be liable for any damages or costs which may have20been sustained by reason of any injunctive relief ordered. In21the case of a TNC's failure to provide an accurate list of22names, mobile phone numbers, email addresses, and mailing23addresses of TNDs, immediate and irreparable injury, loss, or24damage shall be presumed.25 (j) In addition to, and without limiting, any other26procedure provided in this Section, the Board is empowered andHB4743 - 26 - LRB104 20444 SPS 33909 b1directed to enforce, and prevent violations of paragraph (2)2of subsection (a) of Section 6 as follows.3 (1) Upon the failure or refusal of a TNC to timely4 submit the list to the Board required by the definition of5 "covered transportation network company", the Board shall6 promptly issue a complaint charging the TNC with an unfair7 work practice and petition a court of competent8 jurisdiction for temporary relief to compel production of9 the list, consistent with the procedures in subsection10 (i), except that the Board shall have a mandatory,11 non-discretionary duty to seek such injunctive relief. In12 the case of a TNC's failure to provide the list to the13 Board required by the definition of "covered14 transportation network company", immediate and irreparable15 injury, loss, or damage shall be presumed.16 (2) In addition to any other remedy provided by this17 Act, a TNC found to have committed an unfair work practice18 in violation of paragraph (2) of subsection (a) of Section19 6 shall be subject to a civil penalty, payable to the20 Board, not to exceed $10,000 per day for each day after the21 deadline that the list was not provided. The amount of the22 penalty shall be determined by the Board through23 application of the following criteria: (i) the size of the24 TNC; (ii) the severity of the violation; and (iii) any25 history of violations by the TNC. A TNC found to have26 committed an unfair work practice in violation ofHB4743 - 27 - LRB104 20444 SPS 33909 b1 paragraph (2) of subsection (a) of Section 6 shall also be2 required by the Board to pay the Board's or charging3 party's attorney's fees and costs for any court proceeding4 initiated by the Board or charging party to compel5 production of the list.6 Section 8. Designation of bargaining representatives.7 (a) For purposes of this Act, each TND performing TNC8services on a covered TNC shall be included in an9industry-wide bargaining unit of all TNDs in the State.10 (b) A TND organization may demonstrate that it has been11designated as a bargaining representative by presenting to the12Board cards, petitions, or other evidence, which may be in13electronic form, sufficient to show the TND has authorized the14TND organization to act as the worker's bargaining15representative. A TND may demonstrate that TNDs do not wish to16be represented by a TND organization by presenting to the17Board cards, petitions, or other evidence, which may be in18electronic form, sufficient to show the TND does not authorize19any TND organization to act as the worker's exclusive20bargaining representative. The Board shall deem valid any such21card, petition, or other evidence that includes (i) the22signature of the TND, (ii) the date of execution, (iii) a23statement indicating the TND's authorization of the TND24organization to act as the TND's exclusive bargaining25representative or alternatively the TND's wish to not beHB4743 - 28 - LRB104 20444 SPS 33909 b1represented by a TND organization, and (iv) the name of at2least one TNC for whom the TND performs services. In order to3be valid, such card, petition, or other evidence must have4been executed by the TND within one year of the date that the5TND organization, or TND, submits the evidence to the Board.6The authorizations or designations of representative may be7evidenced by electronic records or electronic signatures as8provided under Section 7 of the Uniform Electronic9Transactions Act. The Board shall adopt rules for verification10of electronic signatures that are comparable to the standards11set forth in Section III of the National Labor Relations Board12Office of the General Counsel Memo 15-08.13 (c)(1) Within 30 days after the petition of any TND14organization, the Board shall make a determination that such15organization has been designated as bargaining representative16by at least 10% of active TNDs in the bargaining unit. For17purposes of this provision, the operative list of active TNDs18shall be based on the most recent quarterly list provided by19the covered TNCs to the Board in accordance with the20definition of "active transportation network driver".21 (2) Within 30 days after the Board's determination that a22TND organization has been designated as the bargaining23representative of at least 10% of active TNDs in the24bargaining unit, the Board shall: (i) require each covered TNC25to send a notice, in a form determined by the Board, that the26TND organization is seeking to represent TNDs for the purposeHB4743 - 29 - LRB104 20444 SPS 33909 b1of initiating a bargaining process in order to establish terms2and conditions for the industry; and (ii) provide the TND3organization with a complete list of names, phone numbers,4mailing address, and email addresses for all active TNDs in5the bargaining unit. The TNC shall provide the notice in all6languages that the Board determines are likely spoken by 5% or7more of TNC drivers. The Board will provide the TND8organization with an updated list each quarter for the9following 4 quarters. For 6 months from the date of the Board's10determination that a TND organization has met the 10%11threshold in a bargaining unit, and where such TND12organization is the first TND organization to meet such13threshold, no other TND organization may be certified as the14exclusive bargaining representative of those workers without15an election.16 (d)(1) A TND organization that provides evidence to the17Board that it has been designated as bargaining representative18by 30% of active TNDs in the bargaining unit shall be certified19as the exclusive bargaining representative of all TNDs in the20bargaining unit. The Board shall make such determination of21exclusive bargaining representative status within 30 days22after the petition. In the alternative, a TND organization23that has been designated as the bargaining representative of24at least 10% of active TNDs in the bargaining unit, pursuant to25a petition filed under subsections (c) or (d), may petition26the Board to conduct an election. The TND may petition for suchHB4743 - 30 - LRB104 20444 SPS 33909 b1election at any time within one year of the Board's2determination that it has been designated as the bargaining3representative of at least 10% of active TNDs. The election4shall be conducted as expeditiously as possible, but in no5event more than 60 days after the TND organization's petition6for election. If the TND organization receives a majority of7valid votes cast in such election, the Board shall certify the8TND organization as the exclusive bargaining representative.9For purposes of this provision, the operative list of active10TNDs shall be based on the most recent quarterly list provided11by the covered TNCs in accordance with the definition of12"active transportation network driver".13 (2) If a TND organization seeking certification as the14exclusive bargaining representative without an election15provides evidence that shows that less than a majority of16active TNDs have designated the TND organization as their17bargaining representative, the Board shall wait 7 days before18certifying the TND organization as exclusive bargaining19representative. If, during those 7 days, another TND20organization provides evidence that at least 20% of active21TNDs in the bargaining unit have designated it as their22bargaining representative, then the Board shall hold an23election among all active TNDs in the bargaining unit. Such24election shall be conducted as expeditiously as possible, but25in no event more than 60 days after the petition of the26original TND seeking certification as exclusive bargainingHB4743 - 31 - LRB104 20444 SPS 33909 b1representative. For purposes of such an election, the2operative list of active TNDs shall be based on the most recent3quarterly list provided by the covered TNCs in accordance with4the definition of "active transportation network driver". A5TND organization receiving a majority of the valid votes cast6shall be certified as the exclusive bargaining representative7of all TNDs in the bargaining unit. When 2 or more TND8organizations are on the ballot and none of the choices (the9TND organizations or "no worker organization") receives a10majority of the valid votes cast, there shall be a run-off11election between the 2 choices receiving the largest and12second largest number of votes, to be conducted within 45 days13after the determination that no choice had received a majority14of valid votes cast. The TNDs eligible to vote in the run-off15election shall be the same TNDs eligible to vote in the initial16election. A TND organization receiving a majority of the valid17votes cast in the run-off election shall be certified as the18exclusive bargaining representative of all TNDs in the19bargaining unit. If a majority of the valid votes cast are for20"no worker organization", then the Board will not certify any21worker organization as the exclusive bargaining22representative.23 (3) A TND organization certified as the exclusive24bargaining representative shall have the exclusive authority25to represent the TNDs in the bargaining unit, without26challenge by another TND organization, and not subject toHB4743 - 32 - LRB104 20444 SPS 33909 b1decertification by the procedures in this subsection, for the2greater of (i) one year following certification, or (ii) the3length of time that a final determination rendered by the4Department under subsection (i) of Section 10 is in effect,5provided that such period shall not be longer than 3 years6following the date of issuance of such final determination.7During the times when an exclusive bargaining representative8is subject to challenge, TNDs may file for a decertification9election upon a showing that at least 25% of the active TNDs in10the bargaining unit have demonstrated support for the11decertification. The Board will then schedule an election to12determine whether the TND organization has retained its status13as exclusive bargaining representative. The TND organization14shall retain its status as exclusive bargaining representative15if it receives a majority of valid votes cast by active TNDs in16the bargaining unit. For purposes of this provision, the17operative list of active TNDs shall be based on the most recent18quarterly list provided by the covered TNCs in accordance with19the definition of "active transportation network driver".20 (4) If a TND organization has been certified as the21exclusive bargaining representative with respect to the22bargaining unit, only that TND organization shall be entitled23to: (i) immediately upon certification, and, quarterly24thereafter, receive from the Board the data provided by the25covered TNCs to the Board pursuant to the definition of26"active transportation network driver", to be used solely forHB4743 - 33 - LRB104 20444 SPS 33909 b1the purposes of bargaining and the performance of its other2duties as the TNDs bargaining representative; and (ii) to3engage in bargaining with the covered TNCs for a sectoral4agreement to be recommended to the Department concerning5mandatory subjects of bargaining.6 (5) A TND organization that has been certified as the7exclusive bargaining representative with respect to the8bargaining unit shall have a right to voluntary deduction of9dues, initiation fees, assessments, and other payments to the10TND organization, from payments to TNDs by a covered TNC, upon11presentation of deduction authorizations signed by individual12TNDs, which may be in electronic form. A covered TNC shall13commence making such deductions in accordance with the terms14of the deduction authorization as soon as practicable, but in15no case later than 30 days after receiving proof of a signed16deduction authorization, and amounts deducted shall be17submitted to the TND organization within 30 days after the18deduction. A covered TNC shall accept a signed deduction19authorization evidenced by electronic records or electronic20signatures as provided under Section 7 of the Uniform21Electronic Transactions Act. The right to such deductions22shall remain in full force and effect until an individual TND23revokes the deduction authorization in writing in accordance24with the terms of the authorization.25 (e) An order of the Board dismissing a representation26petition or determining, certifying, or decertifying a TNDHB4743 - 34 - LRB104 20444 SPS 33909 b1organization as an exclusive bargaining representative is a2final order. Any person aggrieved by any such final order may3apply for and obtain judicial review in accordance with the4provisions of the Administrative Review Law, except that such5review shall be afforded directly in the Appellate Court for6the district in which the aggrieved party resides or transacts7business. Any direct appeal to the Appellate Court shall be8filed within 35 days after the date that a copy of the decision9sought to be reviewed was served upon the party affected by the10decision.11 (f) Upon agreement by a TND organization seeking such12determination or petition or a TND seeking such determination,13and the relevant covered TNC or TNCs, any of the numerical14thresholds or any of the elections in this Section shall be15determined or conducted by a neutral body, in accordance with16the provisions of this Act. The fees of the neutral body shall17be paid by the Board. The neutral body shall report the results18of such determination or election to the Board, which shall19certify the results so long as it is satisfied that the20determination was made or election was conducted in accordance21with the provisions of this Act. If no neutral body has been22agreed to within 10 days after a TND organization's or TND's23notice of its request for a determination or its petition, the24Board may designate a neutral body or perform such functions25itself.HB4743 - 35 - LRB104 20444 SPS 33909 b1 Section 9. Administrative fees.2 (a) Beginning on the date that a TND organization is3certified as the exclusive bargaining representative, each4covered TNC shall impose a fee of 20 cents per trip, which the5Board shall collect. The Board shall use such fees to issue6grants to the exclusive bargaining representative to educate7TNDs regarding their rights under this Act, to provide8assistance in enforcing those rights, and to enforce the terms9of an agreement or determination approved by the Department10under this Act.11 (b) The fee shall be 20 cents per ride on each trip12originating in the State performed by a TND. Beginning on the13first January 1st after a TND organization has been certified14as an exclusive bargaining representative for at least 1215months, and each January 1st thereafter, the fee shall be16adjusted to the nearest penny to reflect any increase in17inflation as measured by the Consumer Price Index for All18Urban Consumers published by the United States Bureau of Labor19Statistics. The Board shall calculate and publish the20adjustments required by this subsection.21 (c) The fee shall be displayed to customers as a "Labor22Relations Administrative Fee".23 (d) The Board shall adopt by rule an exclusive bargaining24representative grant application and criteria for evaluating25such grant applications, including criteria to ensure that the26exclusive bargaining representative has the capacity andHB4743 - 36 - LRB104 20444 SPS 33909 b1expertise to provide education and enforcement support to2TNDs. If the exclusive bargaining representative meets the3criteria established by the Board, the Board shall approve the4grant application and remit the fees to the exclusive5bargaining representative on a monthly basis, with each6payment occurring no more than 30 days following the end of the7month. The fees shall be used by the TND organization solely to8educate TNDs regarding the rights protected by this Act, to9provide assistance in enforcing those rights, to negotiate the10sectoral agreement as provided in this Act, and to enforce the11terms of any agreement or determination approved by the12Department under this Act. No portion of such fees shall be13used for political contributions or lobbying. If no such grant14is awarded or if the fees collected exceed the grant awarded,15the Board shall use such fees for educational or enforcement16activities regarding the provisions of this Act.17 (e) Each exclusive bargaining representative shall submit18an annual report to the Board in a form to be determined by the19Board setting forth how the fees have been utilized. The Board20shall review each annual report and certify whether the21exclusive bargaining representative is utilizing the fees for22appropriate activities and continues to meet the grant23application criteria. The Board shall adopt rules to establish24a process by which it may suspend or revoke grants based on the25failure to utilize the fees for educational or enforcement26activities or the failure to meet the grant applicationHB4743 - 37 - LRB104 20444 SPS 33909 b1criteria. If the Board finds that the exclusive bargaining2representative does not meet the grant application criteria,3the Board may utilize the fees for its own educational and4enforcement activities, and the exclusive bargaining5representative may reapply for a grant in the following year.6 Section 10. Bargaining, impasse resolution procedures, and7final determination by the Department.8 (a) Once the Board certifies that a TND organization is9the exclusive bargaining representative for the bargaining10unit, the Board shall notify all covered TNCs, and all covered11TNCs shall be required to bargain with the exclusive12bargaining representative concerning mandatory subjects of13bargaining. The covered TNCs and TND organization may bargain14concerning other subjects agreed to by the parties. To15facilitate negotiations, the covered TNCs may form an industry16association to negotiate on their behalf. If the covered TNCs17choose not to form an association, any recommended agreement18must be approved by (i) at least 2 industry member covered TNCs19and (ii) member covered TNCs representing at least 80% of the20market share of that industry in the State, with votes21determined in proportion to the number of rides completed by22TNDs contracting directly with the covered TNC in the 223calendar quarters preceding the certification of the exclusive24bargaining representative.25 (b) Each individual covered TNC shall retain exclusiveHB4743 - 38 - LRB104 20444 SPS 33909 b1control over the development, maintenance, design, pricing,2and implementation of its product and product features,3software, contract terms, algorithm, and operations and areas4of service.5 (c) A sectoral agreement submitted to the Department for6approval pursuant to subsection (i) shall address, at minimum,7the following subjects, each of which must be set forth8separately in the sectoral agreement, unless a subject is9expressly waived by mutual agreement of the exclusive10bargaining representative and the covered TNCs:11 (1) Compensation.12 (2) Benefits.13 (3) Appeals process for deactivations.14 (4) Representation of TNC drivers in deactivation15 appeals.16 (5) Paid leave.17 (6) Information disclosed to TNC drivers about trips18 on per-trip, weekly, and monthly earnings receipts and19 summaries, and on initial ride offers.20 (7) Grievance and arbitration procedures to resolve21 disputes arising under the sectoral agreement.22 (8) Safety mandates imposed by the covered TNCs that23 require TNC drivers to purchase safety equipment or24 purchase safety software, and safety features or protocols25 proposed by the exclusive bargaining representative that26 have a demonstrable purpose of reducing the risk ofHB4743 - 39 - LRB104 20444 SPS 33909 b1 physical assault or injury to TNC drivers. For the2 purposes of this paragraph, "purchase" includes an3 automatic withdrawal from TNC driver earnings.4 (9) Labor-TNC partnerships.5 (10) Reasonable access by the exclusive bargaining6 representative to covered TNC-to-TNC driver communication7 systems.8 (11) Deduction of voluntary fees and dues from9 payments to TNC drivers.10 (12) Duration of the sectoral agreement, which shall11 be between 3 and 5 years.12 (13) Insurance coverage for occupational accidents or13 injuries.14 (14) Compensation or supplemental insurance for job15 loss.16 (d) A sectoral agreement, including an agreement17recommended by an arbitrator pursuant to paragraph (6) of18subsection (h), shall not contain a provision that prevents an19individual covered TNC from exercising its autonomy pursuant20to subsection (b).21 (e) The negotiated sectoral agreement shall be submitted22by the TND organization to a vote by all TNDs who have23completed at least 100 trips in the previous calendar quarter.24Such vote shall be conducted by the TND organization pursuant25to procedures determined at the discretion of the TND26organization. If approved by a majority of TNDs who vote, theHB4743 - 40 - LRB104 20444 SPS 33909 b1sectoral agreement shall be submitted to the Department for2approval. If a majority of valid votes cast by the TNDs are not3in favor of the sectoral agreement, the TND organization and4the covered TNCs will resume negotiating.5 (f) For purposes of this Section, an impasse may be deemed6to exist if the covered TNCs and exclusive bargaining7representative fail to achieve agreement by the end of a8210-day period from the date a TND organization has been9certified as the exclusive bargaining representative. In the10case of bargaining for a successor sectoral agreement, an11impasse may be deemed to exist if the covered TNCs and12exclusive bargaining representative fail to achieve agreement13by the end of a 60-day period preceding the expiration date of14a prior determination by the Department as provided for in15subsection (i).16 (g) Upon impasse, any of the affected covered TNCs or the17exclusive bargaining representative may request the Board to18render assistance as provided in this Section.19 (h) Upon receiving a timely request from an exclusive20bargaining representative or covered TNC for commencement of21an impasse proceeding, the Board shall aid the parties as22follows:23 (1) To assist the parties to effect a voluntary24 resolution of the dispute, the Board shall provide the25 parties with a list of qualified mediators as maintained26 by the Board within 7 days after the request forHB4743 - 41 - LRB104 20444 SPS 33909 b1 commencement of impasse proceedings. Within 7 days after2 receipt of such list, the parties shall either select a3 mediator from the Board's list or select another mutually4 agreed mediator. If the parties fail to select a mediator5 and notify the Board of their selection, within 7 days6 after the date the Board provided the list of mediators,7 the Board shall appoint a mediator from the list. The8 Board shall make such an appointment and notify the9 parties within 7 days. If the mediator is unable to10 achieve agreement between the parties concerning an11 appropriate resolution within 60 days after the Board has12 provided the parties the list of mediators, any party may13 petition the Board to refer the dispute to an arbitrator.14 (2) Upon timely petition of either party, the Board15 shall refer the dispute to an arbitrator as provided.16 (3) Each of the affected parties (affected covered17 TNCs and the exclusive bargaining representative) shall18 have an equal say in the selection of the arbitrator and19 each of the affected parties shall share equally the cost20 of the arbitrator. If the parties are unable to agree upon21 the arbitrator within 7 days after the Board notifies the22 covered TNCs of the need to appoint an arbitrator, the23 Board shall submit to the parties a list of qualified,24 disinterested persons for the selection of an arbitrator.25 A representative of each of the parties shall alternately26 strike from the list one of the names with the order ofHB4743 - 42 - LRB104 20444 SPS 33909 b1 striking determined by lot, until the remaining one person2 shall be designated as the arbitrator. Each party shall3 select its representative for this purpose as it sees fit.4 A party's failure to agree upon the designation of its5 representative shall result in the failure of the striking6 procedure, but shall not impede the Board's appointment of7 the arbitrator upon such failure. The striking process8 shall be completed within 5 days after receipt of the9 Board's list. The representatives who undertake the10 striking shall notify the Board of the designated11 arbitrator. If the parties are unable to select the12 arbitrator within 5 days following receipt of this list,13 the Board shall appoint the arbitrator.14 (4) The arbitrator shall hold hearings on all matters15 related to the dispute, concerning mandatory subjects of16 bargaining, and any other subject agreed to be submitted17 by the covered TNCs and the TND organization. The parties18 may be heard either in person, by counsel, or by other19 representatives, as they may respectively designate. The20 arbitrator shall determine the order of presentation by21 the parties, and shall have discretion and authority to22 decide all procedural issues that may be raised.23 (5) The parties may present, either orally or in24 writing, or both, statements of fact, supporting witnesses25 and other evidence, and argument of their respective26 positions with respect to each case. The arbitrator shallHB4743 - 43 - LRB104 20444 SPS 33909 b1 have authority to require the production of such2 additional evidence, either oral or written as they may3 desire from the parties and shall provide at the request4 of either party that a full and complete record be kept of5 any such hearings, the cost of such record to be borne by6 the requesting party. If such a record is created, it7 shall be shared with all parties regardless of which party8 paid for it.9 (6) The arbitrator shall make a just and reasonable10 determination of the matters in dispute, set forth in11 paragraph (4) of subsection (h), and within 90 days after12 the arbitrator's appointment shall issue a determination13 that shall apply to all covered TNCs and the exclusive14 bargaining representative. The time period for the15 arbitrator's determination may be extended by the16 arbitrator upon good cause shown, or by agreement by the17 parties. In arriving at such determination, the arbitrator18 shall specify the basis for their findings, taking into19 consideration, in addition to any factors recommended by20 the parties that the arbitrator finds to be consistent21 with this Act, the following:22 (i) whether the compensation, benefits, and23 conditions of work of the TNDs achieve the policy24 goals set forth in Section 2; such compensation and25 benefits must take into account the real cost of26 living, and may substantially exceed any statutoryHB4743 - 44 - LRB104 20444 SPS 33909 b1 minimum wage, and should be a sufficient amount such2 that the TNDs do not need to rely upon any public3 benefits;4 (ii) whether the most efficient way to provide5 benefits is through a portable benefits fund, and if6 so, how to best assess each covered TNC a portion of7 the costs of providing those benefits;8 (iii) the financial ability of the affected9 covered TNCs to pay for the compensation and benefits10 in question and the impact on the delivery of services11 provided by the covered TNCs;12 (iv) the establishment of a reasonable13 deactivation appeals process that will allow TNDs a14 reasonable expectation of uninterrupted work; and15 (v) comparison of particularities in regard to16 other trades or professions, including specifically,17 hazards of work, physical qualifications, educational18 qualifications, mental qualifications, job training,19 and skills.20 (i) Any sectoral agreement, whether agreed upon between21covered TNCs and a TND organization acting as exclusive22bargaining representative of TNDs in the bargaining unit or as23determined by an arbitrator, under this Act shall be reviewed24and approved or disapproved by the Department. In deciding25whether to grant approval to such sectoral agreement, the26Department's decision shall be based on the factors specifiedHB4743 - 45 - LRB104 20444 SPS 33909 b1in paragraph (6) of subsection (h), and the policies set forth2in Section 2. In deciding whether to approve such sectoral3agreement, the Department shall afford the exclusive4representative, all covered TNCs, and TNDs no more than 305days to submit comments and arguments concerning whether6approval is warranted. Within 60 days after the deadline for7submitting comments, the Department shall approve or8disapprove the sectoral agreement. In the event of9disapproval, the Department may make recommendations for10amendments to the sectoral agreement that would cause the11Department to approve and afford the parties an opportunity to12respond to those recommendations. If during the period of time13the sectoral agreement is in effect, the Department determines14that market conditions have changed, the Department shall give15the exclusive bargaining representative, all covered TNCs, and16TNDs the opportunity to submit comments and arguments17concerning whether the final determination should be modified,18and after receiving those comments, the Department may modify19the final determination. Any new terms for the bargaining unit20shall be set in accordance with the procedures set forth in21this Section.22 (j) A final determination by the Department under this23Section is a final order. Any covered TNC or exclusive24bargaining representative aggrieved by any such final order25may apply for and obtain judicial review in accordance with26the provisions of the Administrative Review Law, except thatHB4743 - 46 - LRB104 20444 SPS 33909 b1such review shall be afforded directly in the Appellate Court2for the district in which the aggrieved party resides or3transacts business, and provided that such final orders of the4Department shall only be overturned if found to be an abuse of5discretion. Any direct appeal to the Appellate Court shall be6filed within 35 days after the date that a copy of the decision7sought to be reviewed was served upon the party affected by the8decision. Except in a proceeding brought to review a final9order of the Department, the determination of an arbitrator10under this Section shall not be subject to judicial review.11 Section 11. Applicability of other labor standards. No12sectoral agreement, arbitrator's determination, or final13determination by the Department made pursuant to this Act14shall diminish or erode any minimum labor standard that would15otherwise apply to a TND.16 Section 12. Rulemaking.17 (a) The Board and the Department shall make such rules as18may be appropriate to effectuate the purposes and provisions19of this Act. In order to provide for the expeditious and timely20implementation of the provisions of this Act, such rules may21be adopted by the Board or the Department as emergency rules22pursuant to Section 5-45 of the Illinois Administrative23Procedure Act within 6 months of the effective date of this24Act. The adoption of those emergency rules shall be consideredHB4743 - 47 - LRB104 20444 SPS 33909 b1an emergency and necessary for the public interest, safety,2and welfare.3 (b) The Board may apply, in its discretion, applicable4rules adopted under the Illinois Public Labor Relations Act to5the extent those procedures are not inconsistent with the6procedures specified in this Act. To effect that purpose, the7Board may, in its discretion, and to the extent doing so is not8inconsistent with the procedures specified in this Act,9interpret rules adopted under the Illinois Public Labor10Relations Act, referencing "employer" to include a11transportation network company, referencing "employee" to12include a transportation network driver, and referencing a13"labor organization" to include a transportation network14driver organization.15 (c) The rules shall establish the obligations and16procedures for the Board and TND organizations to protect TND17data from public disclosure and unauthorized use, including:18(i) minimization of data collected to what is necessary under19this Act; (ii) encryption standards adhering to recognized20security protocols; (iii) access controls to ensure that only21authorized persons can view or process driver data; (iv) data22retention policy; (v) auditing and compliance monitoring; (vi)23data breach protocol; (vii) driver notification of data24sharing; (viii) driver consent and driver opt-out of data25sharing; and (ix) limitations on data use; (x) limiting the26disclosure of driver personal identifying information to theHB4743 - 48 - LRB104 20444 SPS 33909 b1confidential uses necessary to effectuate this Act and not for2the purpose of enforcing federal immigration law or providing3it to an agency that primarily enforces immigration law,4unless the Board is provided with a lawful court order or5judicial warrant signed by a judge appointed pursuant to6Article III of the United States Constitution, a federal grand7jury or trial subpoena, or as otherwise required by federal8law.9 Section 13. Public records. Any record furnished to the10Board, Department, or other state agency by a TNC pursuant to11this Act including, but not limited to, TND records, shall not12be considered a public record as defined in subsection (c) of13Section 2 of the Freedom of Information Act. Such records are14confidential and shall not be disclosed by the Board or any15persons who may be authorized by the Board to process them16solely for the purposes of this Act.17 Section 900. The Illinois Administrative Procedure Act is18amended by adding Section 5-45.71 as follows:19 (5 ILCS 100/5-45.71 new)20 Sec. 5-45.71. Emergency rulemaking; Transportation Network21Driver Labor Relations Act. To provide for the expeditious and22timely implementation of the Transportation Network Driver23Labor Relations Act, emergency rules implementing theHB4743 - 49 - LRB104 20444 SPS 33909 b1Transportation Network Driver Labor Relations Act may be2adopted in accordance with Section 5-45 by the Illinois Labor3Relations Board or the Department of Labor. The adoption of4emergency rules authorized by Section 5-45 and this Section is5deemed to be necessary for the public interest, safety, and6welfare.7 This Section is repealed one year after the effective date8of this amendatory Act of the 104th General Assembly.9 Section 905. The Freedom of Information Act is amended by10changing Section 7.5 as follows:11 (5 ILCS 140/7.5)12 (Text of Section before amendment by P.A. 104-441 and13104-457)14 Sec. 7.5. Statutory exemptions. To the extent provided for15by the statutes referenced below, the following shall be16exempt from inspection and copying:17 (a) All information determined to be confidential18 under Section 4002 of the Technology Advancement and19 Development Act.20 (b) Library circulation and order records identifying21 library users with specific materials under the Library22 Records Confidentiality Act.23 (c) Applications, related documents, and medical24 records received by the Experimental Organ TransplantationHB4743 - 50 - LRB104 20444 SPS 33909 b1 Procedures Board and any and all documents or other2 records prepared by the Experimental Organ Transplantation3 Procedures Board or its staff relating to applications it4 has received.5 (d) Information and records held by the Department of6 Public Health and its authorized representatives relating7 to known or suspected cases of sexually transmitted8 infection or any information the disclosure of which is9 restricted under the Illinois Sexually Transmitted10 Infection Control Act.11 (e) Information the disclosure of which is exempted12 under Section 30 of the Radon Industry Licensing Act.13 (f) Firm performance evaluations under Section 55 of14 the Architectural, Engineering, and Land Surveying15 Qualifications Based Selection Act.16 (g) Information the disclosure of which is restricted17 and exempted under Section 50 of the Illinois Prepaid18 Tuition Act.19 (h) Information the disclosure of which is exempted20 under the State Officials and Employees Ethics Act, and21 records of any lawfully created State or local inspector22 general's office that would be exempt if created or23 obtained by an Executive Inspector General's office under24 that Act.25 (i) Information contained in a local emergency energy26 plan submitted to a municipality in accordance with aHB4743 - 51 - LRB104 20444 SPS 33909 b1 local emergency energy plan ordinance that is adopted2 under Section 11-21.5-5 of the Illinois Municipal Code.3 (j) Information and data concerning the distribution4 of surcharge moneys collected and remitted by carriers5 under the Emergency Telephone System Act.6 (k) Law enforcement officer identification information7 or driver identification information compiled by a law8 enforcement agency or the Department of Transportation9 under Section 11-212 of the Illinois Vehicle Code.10 (l) Records and information provided to a residential11 health care facility resident sexual assault and death12 review team or the Executive Council under the Abuse13 Prevention Review Team Act.14 (m) Information provided to the predatory lending15 database created pursuant to Article 3 of the Residential16 Real Property Disclosure Act, except to the extent17 authorized under that Article.18 (n) Defense budgets and petitions for certification of19 compensation and expenses for court appointed trial20 counsel as provided under Sections 10 and 15 of the21 Capital Crimes Litigation Act (repealed). This subsection22 (n) shall apply until the conclusion of the trial of the23 case, even if the prosecution chooses not to pursue the24 death penalty prior to trial or sentencing.25 (o) Information that is prohibited from being26 disclosed under Section 4 of the Illinois Health andHB4743 - 52 - LRB104 20444 SPS 33909 b1 Hazardous Substances Registry Act.2 (p) Security portions of system safety program plans,3 investigation reports, surveys, schedules, lists, data, or4 information compiled, collected, or prepared by or for the5 Department of Transportation under Sections 2705-300 and6 2705-616 of the Department of Transportation Law of the7 Civil Administrative Code of Illinois, the Regional8 Transportation Authority under Section 2.11 of the9 Regional Transportation Authority Act, or the St. Clair10 County Transit District under the Bi-State Transit Safety11 Act (repealed).12 (q) Information prohibited from being disclosed by the13 Personnel Record Review Act.14 (r) Information prohibited from being disclosed by the15 Illinois School Student Records Act.16 (s) Information the disclosure of which is restricted17 under Section 5-108 of the Public Utilities Act.18 (t) (Blank).19 (u) Records and information provided to an independent20 team of experts under the Developmental Disability and21 Mental Health Safety Act (also known as Brian's Law).22 (v) Names and information of people who have applied23 for or received Firearm Owner's Identification Cards under24 the Firearm Owners Identification Card Act or applied for25 or received a concealed carry license under the Firearm26 Concealed Carry Act, unless otherwise authorized by theHB4743 - 53 - LRB104 20444 SPS 33909 b1 Firearm Concealed Carry Act; and databases under the2 Firearm Concealed Carry Act, records of the Concealed3 Carry Licensing Review Board under the Firearm Concealed4 Carry Act, and law enforcement agency objections under the5 Firearm Concealed Carry Act.6 (v-5) Records of the Firearm Owner's Identification7 Card Review Board that are exempted from disclosure under8 Section 10 of the Firearm Owners Identification Card Act.9 (w) Personally identifiable information which is10 exempted from disclosure under subsection (g) of Section11 19.1 of the Toll Highway Act.12 (x) Information which is exempted from disclosure13 under Section 5-1014.3 of the Counties Code or Section14 8-11-21 of the Illinois Municipal Code.15 (y) Confidential information under the Adult16 Protective Services Act and its predecessor enabling17 statute, the Elder Abuse and Neglect Act, including18 information about the identity and administrative finding19 against any caregiver of a verified and substantiated20 decision of abuse, neglect, or financial exploitation of21 an eligible adult maintained in the Registry established22 under Section 7.5 of the Adult Protective Services Act.23 (z) Records and information provided to a fatality24 review team or the Illinois Fatality Review Team Advisory25 Council under Section 15 of the Adult Protective Services26 Act.HB4743 - 54 - LRB104 20444 SPS 33909 b1 (aa) Information which is exempted from disclosure2 under Section 2.37 of the Wildlife Code.3 (bb) Information which is or was prohibited from4 disclosure by the Juvenile Court Act of 1987.5 (cc) Recordings made under the Law Enforcement6 Officer-Worn Body Camera Act, except to the extent7 authorized under that Act.8 (dd) Information that is prohibited from being9 disclosed under Section 45 of the Condominium and Common10 Interest Community Ombudsperson Act.11 (ee) Information that is exempted from disclosure12 under Section 30.1 of the Pharmacy Practice Act.13 (ff) Information that is exempted from disclosure14 under the Revised Uniform Unclaimed Property Act.15 (gg) Information that is prohibited from being16 disclosed under Section 7-603.5 of the Illinois Vehicle17 Code.18 (hh) Records that are exempt from disclosure under19 Section 1A-16.7 of the Election Code.20 (ii) Information which is exempted from disclosure21 under Section 2505-800 of the Department of Revenue Law of22 the Civil Administrative Code of Illinois.23 (jj) Information and reports that are required to be24 submitted to the Department of Labor by registering day25 and temporary labor service agencies but are exempt from26 disclosure under subsection (a-1) of Section 45 of the DayHB4743 - 55 - LRB104 20444 SPS 33909 b1 and Temporary Labor Services Act.2 (kk) Information prohibited from disclosure under the3 Seizure and Forfeiture Reporting Act.4 (ll) Information the disclosure of which is restricted5 and exempted under Section 5-30.8 of the Illinois Public6 Aid Code.7 (mm) Records that are exempt from disclosure under8 Section 4.2 of the Crime Victims Compensation Act.9 (nn) Information that is exempt from disclosure under10 Section 70 of the Higher Education Student Assistance Act.11 (oo) Communications, notes, records, and reports12 arising out of a peer support counseling session13 prohibited from disclosure under the First Responders14 Suicide Prevention Act.15 (pp) Names and all identifying information relating to16 an employee of an emergency services provider or law17 enforcement agency under the First Responders Suicide18 Prevention Act.19 (qq) Information and records held by the Department of20 Public Health and its authorized representatives collected21 under the Reproductive Health Act.22 (rr) Information that is exempt from disclosure under23 the Cannabis Regulation and Tax Act.24 (ss) Data reported by an employer to the Department of25 Human Rights pursuant to Section 2-108 of the Illinois26 Human Rights Act.HB4743 - 56 - LRB104 20444 SPS 33909 b1 (tt) Recordings made under the Children's Advocacy2 Center Act, except to the extent authorized under that3 Act.4 (uu) Information that is exempt from disclosure under5 Section 50 of the Sexual Assault Evidence Submission Act.6 (vv) Information that is exempt from disclosure under7 subsections (f) and (j) of Section 5-36 of the Illinois8 Public Aid Code.9 (ww) Information that is exempt from disclosure under10 Section 16.8 of the State Treasurer Act.11 (xx) Information that is exempt from disclosure or12 information that shall not be made public under the13 Illinois Insurance Code.14 (yy) Information prohibited from being disclosed under15 the Illinois Educational Labor Relations Act.16 (zz) Information prohibited from being disclosed under17 the Illinois Public Labor Relations Act.18 (aaa) Information prohibited from being disclosed19 under Section 1-167 of the Illinois Pension Code.20 (bbb) Information that is prohibited from disclosure21 by the Illinois Police Training Act and the Illinois State22 Police Act.23 (ccc) Records exempt from disclosure under Section24 2605-304 of the Illinois State Police Law of the Civil25 Administrative Code of Illinois.26 (ddd) Information prohibited from being disclosedHB4743 - 57 - LRB104 20444 SPS 33909 b1 under Section 35 of the Address Confidentiality for2 Victims of Domestic Violence, Sexual Assault, Human3 Trafficking, or Stalking Act.4 (eee) Information prohibited from being disclosed5 under subsection (b) of Section 75 of the Domestic6 Violence Fatality Review Act.7 (fff) Images from cameras under the Expressway Camera8 Act and all automated license plate reader (ALPR)9 information used and collected by the Illinois State10 Police. "ALPR information" means information gathered by11 an ALPR or created from the analysis of data generated by12 an ALPR. This subsection (fff) is inoperative on and after13 July 1, 2028.14 (ggg) Information prohibited from disclosure under15 paragraph (3) of subsection (a) of Section 14 of the Nurse16 Agency Licensing Act.17 (hhh) Information submitted to the Illinois State18 Police in an affidavit or application for an assault19 weapon endorsement, assault weapon attachment endorsement,20 .50 caliber rifle endorsement, or .50 caliber cartridge21 endorsement under the Firearm Owners Identification Card22 Act.23 (iii) Data exempt from disclosure under Section 50 of24 the School Safety Drill Act.25 (jjj) Information exempt from disclosure under Section26 30 of the Insurance Data Security Law.HB4743 - 58 - LRB104 20444 SPS 33909 b1 (kkk) Confidential business information prohibited2 from disclosure under Section 45 of the Paint Stewardship3 Act.4 (lll) Data exempt from disclosure under Section5 2-3.196 of the School Code.6 (mmm) Information prohibited from being disclosed7 under subsection (e) of Section 1-129 of the Illinois8 Power Agency Act.9 (nnn) Materials received by the Department of Commerce10 and Economic Opportunity that are confidential under the11 Music and Musicians Tax Credit and Jobs Act.12 (ooo) Data or information provided pursuant to Section13 20 of the Statewide Recycling Needs and Assessment Act.14 (ppp) Information that is exempt from disclosure under15 Section 28-11 of the Lawful Health Care Activity Act.16 (qqq) Information that is exempt from disclosure under17 Section 7-101 of the Illinois Human Rights Act.18 (rrr) Information prohibited from being disclosed19 under Section 4-2 of the Uniform Money Transmission20 Modernization Act.21 (sss) Information exempt from disclosure under Section22 40 of the Student-Athlete Endorsement Rights Act.23 (ttt) Audio recordings made under Section 30 of the24 Illinois State Police Act, except to the extent authorized25 under that Section.26 (uuu) Information prohibited from being disclosedHB4743 - 59 - LRB104 20444 SPS 33909 b1 under Section 30-5 of the Digital Assets Regulation Act.2 (vvv) Information prohibited or exempt from being3 disclosed under the Transportation Network Driver Labor4 Relations Act.5(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;6103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.78-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,8eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;9103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.108-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,11eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;12104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised139-10-25.)14 (Text of Section after amendment by P.A. 104-457 but15before 104-441)16 Sec. 7.5. Statutory exemptions. To the extent provided for17by the statutes referenced below, the following shall be18exempt from inspection and copying:19 (a) All information determined to be confidential20 under Section 4002 of the Technology Advancement and21 Development Act.22 (b) Library circulation and order records identifying23 library users with specific materials under the Library24 Records Confidentiality Act.25 (c) Applications, related documents, and medicalHB4743 - 60 - LRB104 20444 SPS 33909 b1 records received by the Experimental Organ Transplantation2 Procedures Board and any and all documents or other3 records prepared by the Experimental Organ Transplantation4 Procedures Board or its staff relating to applications it5 has received.6 (d) Information and records held by the Department of7 Public Health and its authorized representatives relating8 to known or suspected cases of sexually transmitted9 infection or any information the disclosure of which is10 restricted under the Illinois Sexually Transmitted11 Infection Control Act.12 (e) Information the disclosure of which is exempted13 under Section 30 of the Radon Industry Licensing Act.14 (f) Firm performance evaluations under Section 55 of15 the Architectural, Engineering, and Land Surveying16 Qualifications Based Selection Act.17 (g) Information the disclosure of which is restricted18 and exempted under Section 50 of the Illinois Prepaid19 Tuition Act.20 (h) Information the disclosure of which is exempted21 under the State Officials and Employees Ethics Act, and22 records of any lawfully created State or local inspector23 general's office that would be exempt if created or24 obtained by an Executive Inspector General's office under25 that Act.26 (i) Information contained in a local emergency energyHB4743 - 61 - LRB104 20444 SPS 33909 b1 plan submitted to a municipality in accordance with a2 local emergency energy plan ordinance that is adopted3 under Section 11-21.5-5 of the Illinois Municipal Code.4 (j) Information and data concerning the distribution5 of surcharge moneys collected and remitted by carriers6 under the Emergency Telephone System Act.7 (k) Law enforcement officer identification information8 or driver identification information compiled by a law9 enforcement agency or the Department of Transportation10 under Section 11-212 of the Illinois Vehicle Code.11 (l) Records and information provided to a residential12 health care facility resident sexual assault and death13 review team or the Executive Council under the Abuse14 Prevention Review Team Act.15 (m) Information provided to the predatory lending16 database created pursuant to Article 3 of the Residential17 Real Property Disclosure Act, except to the extent18 authorized under that Article.19 (n) Defense budgets and petitions for certification of20 compensation and expenses for court appointed trial21 counsel as provided under Sections 10 and 15 of the22 Capital Crimes Litigation Act (repealed). This subsection23 (n) shall apply until the conclusion of the trial of the24 case, even if the prosecution chooses not to pursue the25 death penalty prior to trial or sentencing.26 (o) Information that is prohibited from beingHB4743 - 62 - LRB104 20444 SPS 33909 b1 disclosed under Section 4 of the Illinois Health and2 Hazardous Substances Registry Act.3 (p) Security portions of system safety program plans,4 investigation reports, surveys, schedules, lists, data, or5 information compiled, collected, or prepared by or for the6 Department of Transportation under Sections 2705-300 and7 2705-616 of the Department of Transportation Law of the8 Civil Administrative Code of Illinois, the Northern9 Illinois Transit Authority under Section 2.11 of the10 Northern Illinois Transit Authority Act, or the St. Clair11 County Transit District under the Bi-State Transit Safety12 Act (repealed).13 (q) Information prohibited from being disclosed by the14 Personnel Record Review Act.15 (r) Information prohibited from being disclosed by the16 Illinois School Student Records Act.17 (s) Information the disclosure of which is restricted18 under Section 5-108 of the Public Utilities Act.19 (t) (Blank).20 (u) Records and information provided to an independent21 team of experts under the Developmental Disability and22 Mental Health Safety Act (also known as Brian's Law).23 (v) Names and information of people who have applied24 for or received Firearm Owner's Identification Cards under25 the Firearm Owners Identification Card Act or applied for26 or received a concealed carry license under the FirearmHB4743 - 63 - LRB104 20444 SPS 33909 b1 Concealed Carry Act, unless otherwise authorized by the2 Firearm Concealed Carry Act; and databases under the3 Firearm Concealed Carry Act, records of the Concealed4 Carry Licensing Review Board under the Firearm Concealed5 Carry Act, and law enforcement agency objections under the6 Firearm Concealed Carry Act.7 (v-5) Records of the Firearm Owner's Identification8 Card Review Board that are exempted from disclosure under9 Section 10 of the Firearm Owners Identification Card Act.10 (w) Personally identifiable information which is11 exempted from disclosure under subsection (g) of Section12 19.1 of the Toll Highway Act.13 (x) Information which is exempted from disclosure14 under Section 5-1014.3 of the Counties Code or Section15 8-11-21 of the Illinois Municipal Code.16 (y) Confidential information under the Adult17 Protective Services Act and its predecessor enabling18 statute, the Elder Abuse and Neglect Act, including19 information about the identity and administrative finding20 against any caregiver of a verified and substantiated21 decision of abuse, neglect, or financial exploitation of22 an eligible adult maintained in the Registry established23 under Section 7.5 of the Adult Protective Services Act.24 (z) Records and information provided to a fatality25 review team or the Illinois Fatality Review Team Advisory26 Council under Section 15 of the Adult Protective ServicesHB4743 - 64 - LRB104 20444 SPS 33909 b1 Act.2 (aa) Information which is exempted from disclosure3 under Section 2.37 of the Wildlife Code.4 (bb) Information which is or was prohibited from5 disclosure by the Juvenile Court Act of 1987.6 (cc) Recordings made under the Law Enforcement7 Officer-Worn Body Camera Act, except to the extent8 authorized under that Act.9 (dd) Information that is prohibited from being10 disclosed under Section 45 of the Condominium and Common11 Interest Community Ombudsperson Act.12 (ee) Information that is exempted from disclosure13 under Section 30.1 of the Pharmacy Practice Act.14 (ff) Information that is exempted from disclosure15 under the Revised Uniform Unclaimed Property Act.16 (gg) Information that is prohibited from being17 disclosed under Section 7-603.5 of the Illinois Vehicle18 Code.19 (hh) Records that are exempt from disclosure under20 Section 1A-16.7 of the Election Code.21 (ii) Information which is exempted from disclosure22 under Section 2505-800 of the Department of Revenue Law of23 the Civil Administrative Code of Illinois.24 (jj) Information and reports that are required to be25 submitted to the Department of Labor by registering day26 and temporary labor service agencies but are exempt fromHB4743 - 65 - LRB104 20444 SPS 33909 b1 disclosure under subsection (a-1) of Section 45 of the Day2 and Temporary Labor Services Act.3 (kk) Information prohibited from disclosure under the4 Seizure and Forfeiture Reporting Act.5 (ll) Information the disclosure of which is restricted6 and exempted under Section 5-30.8 of the Illinois Public7 Aid Code.8 (mm) Records that are exempt from disclosure under9 Section 4.2 of the Crime Victims Compensation Act.10 (nn) Information that is exempt from disclosure under11 Section 70 of the Higher Education Student Assistance Act.12 (oo) Communications, notes, records, and reports13 arising out of a peer support counseling session14 prohibited from disclosure under the First Responders15 Suicide Prevention Act.16 (pp) Names and all identifying information relating to17 an employee of an emergency services provider or law18 enforcement agency under the First Responders Suicide19 Prevention Act.20 (qq) Information and records held by the Department of21 Public Health and its authorized representatives collected22 under the Reproductive Health Act.23 (rr) Information that is exempt from disclosure under24 the Cannabis Regulation and Tax Act.25 (ss) Data reported by an employer to the Department of26 Human Rights pursuant to Section 2-108 of the IllinoisHB4743 - 66 - LRB104 20444 SPS 33909 b1 Human Rights Act.2 (tt) Recordings made under the Children's Advocacy3 Center Act, except to the extent authorized under that4 Act.5 (uu) Information that is exempt from disclosure under6 Section 50 of the Sexual Assault Evidence Submission Act.7 (vv) Information that is exempt from disclosure under8 subsections (f) and (j) of Section 5-36 of the Illinois9 Public Aid Code.10 (ww) Information that is exempt from disclosure under11 Section 16.8 of the State Treasurer Act.12 (xx) Information that is exempt from disclosure or13 information that shall not be made public under the14 Illinois Insurance Code.15 (yy) Information prohibited from being disclosed under16 the Illinois Educational Labor Relations Act.17 (zz) Information prohibited from being disclosed under18 the Illinois Public Labor Relations Act.19 (aaa) Information prohibited from being disclosed20 under Section 1-167 of the Illinois Pension Code.21 (bbb) Information that is prohibited from disclosure22 by the Illinois Police Training Act and the Illinois State23 Police Act.24 (ccc) Records exempt from disclosure under Section25 2605-304 of the Illinois State Police Law of the Civil26 Administrative Code of Illinois.HB4743 - 67 - LRB104 20444 SPS 33909 b1 (ddd) Information prohibited from being disclosed2 under Section 35 of the Address Confidentiality for3 Victims of Domestic Violence, Sexual Assault, Human4 Trafficking, or Stalking Act.5 (eee) Information prohibited from being disclosed6 under subsection (b) of Section 75 of the Domestic7 Violence Fatality Review Act.8 (fff) Images from cameras under the Expressway Camera9 Act and all automated license plate reader (ALPR)10 information used and collected by the Illinois State11 Police. "ALPR information" means information gathered by12 an ALPR or created from the analysis of data generated by13 an ALPR. This subsection (fff) is inoperative on and after14 July 1, 2028.15 (ggg) Information prohibited from disclosure under16 paragraph (3) of subsection (a) of Section 14 of the Nurse17 Agency Licensing Act.18 (hhh) Information submitted to the Illinois State19 Police in an affidavit or application for an assault20 weapon endorsement, assault weapon attachment endorsement,21 .50 caliber rifle endorsement, or .50 caliber cartridge22 endorsement under the Firearm Owners Identification Card23 Act.24 (iii) Data exempt from disclosure under Section 50 of25 the School Safety Drill Act.26 (jjj) Information exempt from disclosure under SectionHB4743 - 68 - LRB104 20444 SPS 33909 b1 30 of the Insurance Data Security Law.2 (kkk) Confidential business information prohibited3 from disclosure under Section 45 of the Paint Stewardship4 Act.5 (lll) Data exempt from disclosure under Section6 2-3.196 of the School Code.7 (mmm) Information prohibited from being disclosed8 under subsection (e) of Section 1-129 of the Illinois9 Power Agency Act.10 (nnn) Materials received by the Department of Commerce11 and Economic Opportunity that are confidential under the12 Music and Musicians Tax Credit and Jobs Act.13 (ooo) Data or information provided pursuant to Section14 20 of the Statewide Recycling Needs and Assessment Act.15 (ppp) Information that is exempt from disclosure under16 Section 28-11 of the Lawful Health Care Activity Act.17 (qqq) Information that is exempt from disclosure under18 Section 7-101 of the Illinois Human Rights Act.19 (rrr) Information prohibited from being disclosed20 under Section 4-2 of the Uniform Money Transmission21 Modernization Act.22 (sss) Information exempt from disclosure under Section23 40 of the Student-Athlete Endorsement Rights Act.24 (ttt) Audio recordings made under Section 30 of the25 Illinois State Police Act, except to the extent authorized26 under that Section.HB4743 - 69 - LRB104 20444 SPS 33909 b1 (uuu) Information prohibited from being disclosed2 under Section 30-5 of the Digital Assets Regulation Act.3 (vvv) Information prohibited or exempt from being4 disclosed under the Transportation Network Driver Labor5 Relations Act.6(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;7103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.88-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,9eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;10103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.118-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,12eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;13104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.146-1-26; revised 1-7-26.)15 (Text of Section after amendment by P.A. 104-441)16 Sec. 7.5. Statutory exemptions. To the extent provided for17by the statutes referenced below, the following shall be18exempt from inspection and copying:19 (a) All information determined to be confidential20 under Section 4002 of the Technology Advancement and21 Development Act.22 (b) Library circulation and order records identifying23 library users with specific materials under the Library24 Records Confidentiality Act.25 (c) Applications, related documents, and medicalHB4743 - 70 - LRB104 20444 SPS 33909 b1 records received by the Experimental Organ Transplantation2 Procedures Board and any and all documents or other3 records prepared by the Experimental Organ Transplantation4 Procedures Board or its staff relating to applications it5 has received.6 (d) Information and records held by the Department of7 Public Health and its authorized representatives relating8 to known or suspected cases of sexually transmitted9 infection or any information the disclosure of which is10 restricted under the Illinois Sexually Transmitted11 Infection Control Act.12 (e) Information the disclosure of which is exempted13 under Section 30 of the Radon Industry Licensing Act.14 (f) Firm performance evaluations under Section 55 of15 the Architectural, Engineering, and Land Surveying16 Qualifications Based Selection Act.17 (g) Information the disclosure of which is restricted18 and exempted under Section 50 of the Illinois Prepaid19 Tuition Act.20 (h) Information the disclosure of which is exempted21 under the State Officials and Employees Ethics Act, and22 records of any lawfully created State or local inspector23 general's office that would be exempt if created or24 obtained by an Executive Inspector General's office under25 that Act.26 (i) Information contained in a local emergency energyHB4743 - 71 - LRB104 20444 SPS 33909 b1 plan submitted to a municipality in accordance with a2 local emergency energy plan ordinance that is adopted3 under Section 11-21.5-5 of the Illinois Municipal Code.4 (j) Information and data concerning the distribution5 of surcharge moneys collected and remitted by carriers6 under the Emergency Telephone System Act.7 (k) Law enforcement officer identification information8 or driver identification information compiled by a law9 enforcement agency or the Department of Transportation10 under Section 11-212 of the Illinois Vehicle Code.11 (l) Records and information provided to a residential12 health care facility resident sexual assault and death13 review team or the Executive Council under the Abuse14 Prevention Review Team Act.15 (m) Information provided to the predatory lending16 database created pursuant to Article 3 of the Residential17 Real Property Disclosure Act, except to the extent18 authorized under that Article.19 (n) Defense budgets and petitions for certification of20 compensation and expenses for court appointed trial21 counsel as provided under Sections 10 and 15 of the22 Capital Crimes Litigation Act (repealed). This subsection23 (n) shall apply until the conclusion of the trial of the24 case, even if the prosecution chooses not to pursue the25 death penalty prior to trial or sentencing.26 (o) Information that is prohibited from beingHB4743 - 72 - LRB104 20444 SPS 33909 b1 disclosed under Section 4 of the Illinois Health and2 Hazardous Substances Registry Act.3 (p) Security portions of system safety program plans,4 investigation reports, surveys, schedules, lists, data, or5 information compiled, collected, or prepared by or for the6 Department of Transportation under Sections 2705-300 and7 2705-616 of the Department of Transportation Law of the8 Civil Administrative Code of Illinois, the Northern9 Illinois Transit Authority under Section 2.11 of the10 Northern Illinois Transit Authority Act, or the St. Clair11 County Transit District under the Bi-State Transit Safety12 Act (repealed).13 (q) Information prohibited from being disclosed by the14 Personnel Record Review Act.15 (r) Information prohibited from being disclosed by the16 Illinois School Student Records Act.17 (s) Information the disclosure of which is restricted18 under Section 5-108 of the Public Utilities Act.19 (t) (Blank).20 (u) Records and information provided to an independent21 team of experts under the Developmental Disability and22 Mental Health Safety Act (also known as Brian's Law).23 (v) Names and information of people who have applied24 for or received Firearm Owner's Identification Cards under25 the Firearm Owners Identification Card Act or applied for26 or received a concealed carry license under the FirearmHB4743 - 73 - LRB104 20444 SPS 33909 b1 Concealed Carry Act, unless otherwise authorized by the2 Firearm Concealed Carry Act; and databases under the3 Firearm Concealed Carry Act, records of the Concealed4 Carry Licensing Review Board under the Firearm Concealed5 Carry Act, and law enforcement agency objections under the6 Firearm Concealed Carry Act.7 (v-5) Records of the Firearm Owner's Identification8 Card Review Board that are exempted from disclosure under9 Section 10 of the Firearm Owners Identification Card Act.10 (w) Personally identifiable information which is11 exempted from disclosure under subsection (g) of Section12 19.1 of the Toll Highway Act.13 (x) Information which is exempted from disclosure14 under Section 5-1014.3 of the Counties Code or Section15 8-11-21 of the Illinois Municipal Code.16 (y) Confidential information under the Adult17 Protective Services Act and its predecessor enabling18 statute, the Elder Abuse and Neglect Act, including19 information about the identity and administrative finding20 against any caregiver of a verified and substantiated21 decision of abuse, neglect, or financial exploitation of22 an eligible adult maintained in the Registry established23 under Section 7.5 of the Adult Protective Services Act.24 (z) Records and information provided to a fatality25 review team or the Illinois Fatality Review Team Advisory26 Council under Section 15 of the Adult Protective ServicesHB4743 - 74 - LRB104 20444 SPS 33909 b1 Act.2 (aa) Information which is exempted from disclosure3 under Section 2.37 of the Wildlife Code.4 (bb) Information which is or was prohibited from5 disclosure by the Juvenile Court Act of 1987.6 (cc) Recordings made under the Law Enforcement7 Officer-Worn Body Camera Act, except to the extent8 authorized under that Act.9 (dd) Information that is prohibited from being10 disclosed under Section 45 of the Condominium and Common11 Interest Community Ombudsperson Act.12 (ee) Information that is exempted from disclosure13 under Section 30.1 of the Pharmacy Practice Act.14 (ff) Information that is exempted from disclosure15 under the Revised Uniform Unclaimed Property Act.16 (gg) Information that is prohibited from being17 disclosed under Section 7-603.5 of the Illinois Vehicle18 Code.19 (hh) Records that are exempt from disclosure under20 Section 1A-16.7 of the Election Code.21 (ii) Information which is exempted from disclosure22 under Section 2505-800 of the Department of Revenue Law of23 the Civil Administrative Code of Illinois.24 (jj) Information and reports that are required to be25 submitted to the Department of Labor by registering day26 and temporary labor service agencies but are exempt fromHB4743 - 75 - LRB104 20444 SPS 33909 b1 disclosure under subsection (a-1) of Section 45 of the Day2 and Temporary Labor Services Act.3 (kk) Information prohibited from disclosure under the4 Seizure and Forfeiture Reporting Act.5 (ll) Information the disclosure of which is restricted6 and exempted under Section 5-30.8 of the Illinois Public7 Aid Code.8 (mm) Records that are exempt from disclosure under9 Section 4.2 of the Crime Victims Compensation Act.10 (nn) Information that is exempt from disclosure under11 Section 70 of the Higher Education Student Assistance Act.12 (oo) Communications, notes, records, and reports13 arising out of a peer support counseling session14 prohibited from disclosure under the First Responders15 Suicide Prevention Act.16 (pp) Names and all identifying information relating to17 an employee of an emergency services provider or law18 enforcement agency under the First Responders Suicide19 Prevention Act.20 (qq) Information and records held by the Department of21 Public Health and its authorized representatives collected22 under the Reproductive Health Act.23 (rr) Information that is exempt from disclosure under24 the Cannabis Regulation and Tax Act.25 (ss) Data reported by an employer to the Department of26 Human Rights pursuant to Section 2-108 of the IllinoisHB4743 - 76 - LRB104 20444 SPS 33909 b1 Human Rights Act.2 (tt) Recordings made under the Children's Advocacy3 Center Act, except to the extent authorized under that4 Act.5 (uu) Information that is exempt from disclosure under6 Section 50 of the Sexual Assault Evidence Submission Act.7 (vv) Information that is exempt from disclosure under8 subsections (f) and (j) of Section 5-36 of the Illinois9 Public Aid Code.10 (ww) Information that is exempt from disclosure under11 Section 16.8 of the State Treasurer Act.12 (xx) Information that is exempt from disclosure or13 information that shall not be made public under the14 Illinois Insurance Code.15 (yy) Information prohibited from being disclosed under16 the Illinois Educational Labor Relations Act.17 (zz) Information prohibited from being disclosed under18 the Illinois Public Labor Relations Act.19 (aaa) Information prohibited from being disclosed20 under Section 1-167 of the Illinois Pension Code.21 (bbb) Information that is prohibited from disclosure22 by the Illinois Police Training Act and the Illinois State23 Police Act.24 (ccc) Records exempt from disclosure under Section25 2605-304 of the Illinois State Police Law of the Civil26 Administrative Code of Illinois.HB4743 - 77 - LRB104 20444 SPS 33909 b1 (ddd) Information prohibited from being disclosed2 under Section 35 of the Address Confidentiality for3 Victims of Domestic Violence, Sexual Assault, Human4 Trafficking, or Stalking Act.5 (eee) Information prohibited from being disclosed6 under subsection (b) of Section 75 of the Domestic7 Violence Fatality Review Act.8 (fff) Images from cameras under the Expressway Camera9 Act and all automated license plate reader (ALPR)10 information used and collected by the Illinois State11 Police. "ALPR information" means information gathered by12 an ALPR or created from the analysis of data generated by13 an ALPR. This subsection (fff) is inoperative on and after14 July 1, 2028.15 (ggg) Information prohibited from disclosure under16 paragraph (3) of subsection (a) of Section 14 of the Nurse17 Agency Licensing Act.18 (hhh) Information submitted to the Illinois State19 Police in an affidavit or application for an assault20 weapon endorsement, assault weapon attachment endorsement,21 .50 caliber rifle endorsement, or .50 caliber cartridge22 endorsement under the Firearm Owners Identification Card23 Act.24 (iii) Data exempt from disclosure under Section 50 of25 the School Safety Drill Act.26 (jjj) Information exempt from disclosure under SectionHB4743 - 78 - LRB104 20444 SPS 33909 b1 30 of the Insurance Data Security Law.2 (kkk) Confidential business information prohibited3 from disclosure under Section 45 of the Paint Stewardship4 Act.5 (lll) Data exempt from disclosure under Section6 2-3.196 of the School Code.7 (mmm) Information prohibited from being disclosed8 under subsection (e) of Section 1-129 of the Illinois9 Power Agency Act.10 (nnn) Materials received by the Department of Commerce11 and Economic Opportunity that are confidential under the12 Music and Musicians Tax Credit and Jobs Act.13 (ooo) Data or information provided pursuant to Section14 20 of the Statewide Recycling Needs and Assessment Act.15 (ppp) Information that is exempt from disclosure under16 Section 28-11 of the Lawful Health Care Activity Act.17 (qqq) Information that is exempt from disclosure under18 Section 7-101 of the Illinois Human Rights Act.19 (rrr) Information prohibited from being disclosed20 under Section 4-2 of the Uniform Money Transmission21 Modernization Act.22 (sss) Information exempt from disclosure under Section23 40 of the Student-Athlete Endorsement Rights Act.24 (ttt) Audio recordings made under Section 30 of the25 Illinois State Police Act, except to the extent authorized26 under that Section.HB4743 - 79 - LRB104 20444 SPS 33909 b1 (uuu) Information prohibited from being disclosed2 under Section 30-5 of the Digital Assets Regulation Act.3 (vvv) [(uuu)] Information exempt from disclosure under4 Section 70 of the End-of-Life Options for Terminally Ill5 Patients Act.6 (www) Information prohibited or exempt from being7 disclosed under the Transportation Network Driver Labor8 Relations Act.9(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;10103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.118-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,12eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;13103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.148-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,15eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;16104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.179-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)18 Section 910. The Labor Dispute Act is amended by changing19Section 1.3 as follows:20 (820 ILCS 5/1.3)21 Sec. 1.3. Definitions. As used in Section 1.2 through 1.5:22 "Employee" means any individual permitted to work by an23employer in an occupation. "Employee" includes any24transportation network driver, as that term is defined in theHB4743 - 80 - LRB104 20444 SPS 33909 b1Transportation Network Driver Labor Relations Act.2 "Employer" means any individual, partnership, association,3corporation, business trust, governmental or4quasi-governmental body, or any person or group of persons5that employs any person to work, labor, or exercise skill in6connection with the operation of any business, industry,7vocation, or occupation. "Employer" includes any8transportation network company, as defined in the9Transportation Network Driver Labor Relations Act, with10respect to its engagement or contracting of transportation11network drivers. With respect to transportation network12drivers and transportation network companies, the term13"employment" shall include the engagement or contracting of a14transportation network driver by a transportation network15company to provide transportation network company services, as16those terms are defined in the Transportation Network Driver17Labor Relations Act.18 "Picketing" means the stationing of a person for an19organization to apprise the public by signs or other means of20the existence of a dispute pursuant to the National Labor21Relations Act, 29 U.S.C. 151 et seq., and the Labor Management22Relations Act, 29 U.S.C. 141 et seq, or the Transportation23Network Driver Labor Relations Act.24 "Dispute" includes any controversy concerning terms or25conditions of employment, or concerning the association or26representation of persons in negotiating, fixing, maintaining,HB4743 - 81 - LRB104 20444 SPS 33909 b1changing, or seeking to arrange terms or conditions of2employment or other protest, regardless of whether or not the3disputants stand in the proximate relationship of employer and4employee.5 "Public right of way" means that portion of the highway or6street adjacent to the roadway for accommodating stopped7vehicles or for emergency use; or that portion of a street8between the curb lines, or the lateral lines of a roadway, and9the adjacent property lines.10 "Temporary sign" means a sign or other display or device11that is not permanently affixed and is capable of being12removed at the end of each day or shift.13 "Temporary shelter" means a tent or shelter that is not14permanently affixed and is capable of being removed at the end15of each day or shift, not to exceed 300 square feet in size.16(Source: P.A. 94-321, eff. 1-1-06.)17 Section 995. No acceleration or delay. Where this Act18makes changes in a statute that is represented in this Act by19text that is not yet or no longer in effect (for example, a20Section represented by multiple versions), the use of that21text does not accelerate or delay the taking effect of (i) the22changes made by this Act or (ii) provisions derived from any23other Public Act.24 Section 997. Severability. The provisions of this ActHB4743 - 82 - LRB104 20444 SPS 33909 b1shall be severable as provided in Section 1.31 of the Statute2on Statutes; notwithstanding that, if the definition of the3"transportation network driver" is held to be preempted by the4National Labor Relations Act, 29 U.S.C. 141 et seq., by a court5of competent jurisdiction and such determination is not6reversed after exhaustion of all appeals, no provision of this7Act shall be deemed valid or given force of law.8 Section 999. Effective date. This Act takes effect upon9becoming 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.

Rep. · D–9 · Sponsor

Rep. · D–26 · Co-sponsor

Rep. · D–113 · Co-sponsor

Rep. · D–33 · Co-sponsor

Rep. · D–31 · Co-sponsor

Rep. · D–46 · Co-sponsor

Rep. · D–55 · Co-sponsor

Rep. · D–81 · Co-sponsor

Rep. · D–16 · Co-sponsor

Rep. · D–8 · Co-sponsor
Committees
HB 4743 went before 2 committees: Rules and Executive.
History
HB 4743 has taken 25 actions since Feb 2, 2026, the latest on May 28, 2026.
| Chamber | Action | |||
|---|---|---|---|---|
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 8–4.
| Chamber | Question | Yea | Nay | |||
|---|---|---|---|---|---|---|
Mar 26, 2026 | House | House Executive Committee | 8 | 4 |
Source: ilga.gov · legiscan.com