HB5090 Enrolled LRB104 20486 HLH 33958 b
1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Transportation Network Driver Labor Relations Act.
6		Section 2. Findings; legislative intent; construction.
7		(a) The General Assembly finds that the growing rate of
8		technological advancement has fundamentally altered the way
9		that many people work within this State in the transportation
10		sector, in which companies connect, through an online
11		application, persons seeking passenger transportation services
12		to persons willing to supply those transportation services.
13		These persons willing to supply those transportation services,
14		known as transportation network drivers, often suffer poor
15		pay, inadequate health coverage, and lack of other benefits.
16		It is hereby declared that the best interests of the people of
17		this State are served by providing transportation network
18		drivers the opportunity to self-organize, designate
19		representatives of their own choosing, and bargain
20		collectively on a sectoral basis in order to obtain
21		sustainable wages, benefits, and working conditions, subject
22		to approval and ongoing supervision by the State. It is
23		further declared that the best interests of the people of this

HB5090 Enrolled - 2 - LRB104 20486 HLH 33958 b
1		State are served by the prevention or prompt resolution of
2		disputes between transportation network companies and the
3		transportation network drivers who supply the labor to
4		effectuate those services through collective bargaining on a
5		sectoral basis, subject to approval and ongoing supervision by
6		the State. This Act shall be deemed an exercise of the police
7		power of the State for the protection of the public welfare,
8		prosperity, health, and peace of the people of the State, and
9		shall be liberally construed for the accomplishment of its
10		purposes.
11		(b) The General Assembly finds that it is in the public
12		policy interests of the State to displace competition with
13		regulation of the terms and conditions of work for
14		transportation network drivers; and, consistent with this
15		policy, to exempt from federal and State antitrust laws any
16		conduct authorized under this Act, including the formation of
17		transportation network driver organizations and multi-company
18		associations for the purposes of collective bargaining on a
19		sectoral basis between transportation network companies and
20		transportation network drivers on an industry-wide basis, and
21		to supervise, evaluate, and if approved, implement the
22		resulting sectoral agreements concerning industry regulations
23		for the terms and conditions of work for all transportation
24		network drivers in an industry when such sectoral agreements
25		are found by the Department of Labor to advance the public
26		purposes stated in this Section and are then made binding,

HB5090 Enrolled - 3 - LRB104 20486 HLH 33958 b
1		regardless of the anticompetitive consequences.
2		(c) It is the intent and policy of the State:
3		(1) To grant transportation network drivers the right
4		to form, join, or assist transportation network driver
5		organizations, to be represented through representatives
6		of their own choosing, and to engage in other concerted
7		activities for the purpose of bargaining with
8		transportation network companies and to create negotiated
9		recommendations in the form of a sectoral agreement, which
10		shall form the basis for industry regulations, and for the
11		purpose of other mutual aid or protection; and
12		(2) To grant transportation network companies the
13		right to form multi-company associations to represent the
14		transportation network companies while bargaining with a
15		transportation network driver organization to create
16		negotiated recommendations in the form of a sectoral
17		agreement, which shall form the basis for industry
18		regulations.
19		(d) The intent and policy of the State is for the statutory
20		and non-statutory labor exemptions from the federal antitrust
21		laws and analogous State laws to apply to transportation
22		network drivers who choose to form, join, or assist labor
23		organizations in labor activity, to transportation network
24		driver organizations who organize and represent such drivers,
25		and to transportation network companies who may choose to form
26		an industry association to negotiate on their behalf or

HB5090 Enrolled - 4 - LRB104 20486 HLH 33958 b
1		otherwise engage in labor activity permitted by this Act.
2		(e) The intent and policy of the State in authorizing and
3		regulating transportation network companies, transportation
4		network drivers engaging in labor activity, and transportation
5		network driver organizations, permitted by this Act, is that
6		state action immunity apply to this Act, including the
7		sectoral agreement approved by the Department of Labor, and
8		that such transportation network companies, transportation
9		network drivers, and transportation network driver
10		organizations be immune from the federal and State antitrust
11		laws to the fullest extent possible in their conduct pursuant
12		to this Act.
13		(f) The State shall actively supervise the qualified labor
14		activity permitted by this Act conducted by transportation
15		network companies, transportation network drivers, and
16		transportation network driver organizations pursuant to this
17		Act to ensure that the conduct permitted by this Act protects
18		the rights of workers and companies, encourages collective
19		bargaining on a sectoral basis and labor peace, and otherwise
20		advances the purposes of this Act.
21		Section 3. Definitions. As used in this Act:
22		"Active transportation network driver" and "active TND"
23		means a transportation network driver designated under the
24		process established in Section 8.
25		"Bargaining unit" means one statewide unit of all of the

HB5090 Enrolled - 5 - LRB104 20486 HLH 33958 b
1		transportation network drivers performing transportation
2		network company services on a covered transportation network
3		company.
4		"Board" means the State Panel of the Illinois Labor
5		Relations Board created by Section 5 of the Illinois Public
6		Labor Relations Act.
7		"Company union" means any committee, driver representation
8		plan, or association of workers or others that exists for the
9		purpose, in whole or in part, of dealing with TNCs concerning
10		grievances or terms and conditions of work for TNDs: (i) which
11		a TNC has initiated or created or whose initiation or creation
12		it has suggested or participated in; (ii) which a TNC
13		participates in, supervises, or conducts the formulation of
14		governing rules or policies, management, operations, or
15		elections; or (iii) which the TNC maintains, finances,
16		controls, dominates, or assists in maintaining or financing,
17		unless required to do so by this Act, its implementing rules,
18		or any other legal requirement.
19		A TNC driver organization shall not be deemed a company
20		union solely because any of the following are true:
21		(1) It has negotiated or been granted the right to
22		designate TNC drivers to be released with pay for the
23		purpose of providing representational services in
24		labor-management affairs on behalf of TNC drivers
25		represented by the TNC driver organization.
26		(2) In the course of providing representational

HB5090 Enrolled - 6 - LRB104 20486 HLH 33958 b
1		services to workers for whom it is the exclusive
2		bargaining representative, a TNC has allowed agents of the
3		TNC driver organization to meet with drivers at the TNC's
4		premises or communicate with TNDs via the TNC's platform.
5		(3) It has received from a TNC the voluntary
6		membership dues deductions of TNC drivers or the TNC has
7		processed or transmitted membership dues in accordance
8		with paragraph (5) of subsection (e) of Section 10.
9		(4) It has received funds from a TNC for the
10		administration of benefits and services to TNC drivers
11		pursuant to a sectoral agreement in its capacity as the
12		exclusive bargaining representative.
13		(5) It has negotiated with a TNC, before or after
14		certification as the exclusive bargaining representative,
15		for the right and requisite resources to communicate or
16		meet with TNDs for any purpose permitted under this Act,
17		including via the TNC's platform.
18		(6) It has communicated with a TNC, it has received
19		data, driver information, or meeting space from a TNC, or
20		a TNC has facilitated any communication between TNDs and
21		the TND organization, prior to or after any certification.
22		"Covered transportation network company" and "covered TNC"
23		means a transportation network company designated under the
24		process established in Section 9.
25		"Department" means the Department of Labor.
26		"Exclusive bargaining representative" means a TND

HB5090 Enrolled - 7 - LRB104 20486 HLH 33958 b
1		organization certified by the Board, in accordance with this
2		Act, as the representative of TNDs in the bargaining unit.
3		"Mandatory subjects of bargaining" means those subjects of
4		bargaining related to compensation, benefits, and other terms
5		and conditions of work, including, but not limited to,
6		deactivations, deactivation notice and process standards,
7		dispute resolution procedures for resolving claims alleging
8		unjust deactivation, and earnings transparency.
9		"Person" includes one or more individuals, TNDs, TND
10		organizations, TNCs, network companies, labor organizations,
11		associations, corporations, legal representatives, trustees,
12		trustees in bankruptcy, or receivers.
13		"Sectoral agreement" means the recommendations to the
14		Department for TND standards in the bargaining unit made
15		either through the agreement between the exclusive bargaining
16		representative and the covered TNCs or through the interest
17		arbitration process, set forth in Section 12. The sectoral
18		agreement becomes effective and enforceable upon approval by
19		the Department.
20		"Transportation network company" and "TNC" means an entity
21		operating in the State that uses a digital network or software
22		application service to connect passengers to transportation
23		network company services provided by transportation network
24		drivers. For the purposes of this paragraph, all digital
25		networks or software application services that any related
26		corporate entities under common control maintain shall be

HB5090 Enrolled - 8 - LRB104 20486 HLH 33958 b
1		considered a single TNC. A TNC is not deemed to own, control,
2		operate, or manage the vehicles used by transportation network
3		drivers, and is not a taxicab association or a for-hire
4		vehicle owner.
5		"Transportation network company services" and "TNC
6		services" means transportation of a passenger between points
7		chosen by the passenger and prearranged with a transportation
8		network driver through the use of a TNC digital network or
9		software application. "Transportation network company
10		services" and "TNC services" do not include a taxicab,
11		for-hire vehicle, or street hail service.
12		"Transportation network driver", "transportation network
13		company driver", "TNC driver", and "TND" means an individual
14		who operates a motor vehicle that: (i) is owned, leased, or
15		otherwise authorized for use by the individual; (ii) is not a
16		taxicab or for-hire public passenger vehicle; (iii) is used to
17		provide transportation network company services; and (iv)
18		operates under the TNC license of the TNC. "Transportation
19		network driver", "transportation network company driver", "TNC
20		driver", and "TND" do not include any individual who, with
21		respect to the provision of TNC services is: (i) determined by
22		a final order of a court of competent jurisdiction to be an
23		employee within the meaning of Section 2(3) of the National
24		Labor Relations Act, 29 U.S.C. 152(3), or within the meaning
25		of 26 CFR 31.3121(d)-1 or 31.3401(c)-1; or (ii) declared by a
26		TNC to be an employee within the meaning of Section 2(3) of the

HB5090 Enrolled - 9 - LRB104 20486 HLH 33958 b
1		National Labor Relations Act, 29 U.S.C. 152(3) and within the
2		meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1.
3		"Transportation network driver organization" and "TND
4		organization" means any organization in which TNDs
5		participate, and that exists and is constituted for the
6		purpose, in whole or in part, of collective bargaining, or of
7		dealing with transportation network companies concerning
8		grievances, terms or conditions of work, or of other mutual
9		aid or protection, deactivation appeal assistance, education,
10		or other representational or support services to
11		transportation network drivers for rights conferred under this
12		Act, and that is not a company union.
13		"Unfair work practices" means only those unfair work
14		practices set forth in Section 6.
15		Section 4. Powers of the Board. The Board shall have
16		jurisdiction over unfair work practices and collective
17		bargaining matters between transportation network companies
18		and transportation network driver organizations, except for
19		the determinations to be made by the Department under this
20		Act. The Board may contract with a neutral body to provide any
21		of the data or information collection, storage, management,
22		manipulation, analysis, certification, and election services
23		required under this Act. Any such neutral body shall be
24		subject to the requirements of the Personal Information
25		Protection Act and rules adopted under subsection (c) of

HB5090 Enrolled - 10 - LRB104 20486 HLH 33958 b
1		Section 16. The Board may also contract for court reporting
2		services for any of the hearings required under this Act. To
3		the extent provided for in paragraph (28) of subsection (b) of
4		Section 1-10 of the Illinois Procurement Code, contracts for a
5		neutral body or for court reporting services under this Act
6		shall be exempt from the Illinois Procurement Code.
7		Section 4.5. Powers of the Department of Labor. The
8		Department shall have jurisdiction to approve or disapprove
9		sectoral agreements as provided in Section 12.
10		Section 5. Rights of TNDs. Transportation network drivers
11		shall have the right of self-organization, to form, join, or
12		assist TND organizations, to bargain collectively through
13		representatives of the TND's choosing, and to engage in
14		concerted activities, for the purpose of collective bargaining
15		or other mutual aid or protection, free from interference,
16		restraint, or coercion by TNCs, and shall also have the right
17		to refrain from any of these activities. Nothing contained in
18		this Act shall be interpreted to prohibit TNDs from exercising
19		the right to confer with TNCs at any time, provided that during
20		the conference there is no attempt by the TNC, directly or
21		indirectly, to interfere with, restrain, or coerce the workers
22		in the exercise of the rights guaranteed by this Act.
23		Section 6. Unfair work practices.

HB5090 Enrolled - 11 - LRB104 20486 HLH 33958 b
1		(a) It is an unfair work practice for a TNC to:
2		(1) Fail or refuse to provide the Board or a TND
3		organization with an accurate list of the names, trips
4		made, and contact information for TNDs, as required by
5		this Act.
6		(2) Fail or refuse to submit the list to the Board
7		required by Section 9.
8		(3) Fail or refuse to negotiate in good faith with a
9		TND organization certified as an exclusive bargaining
10		representative of TNDs engaged with the TNC, concerning
11		mandatory subjects of bargaining.
12		(4) Fail or refuse to provide a TND organization,
13		certified as an exclusive bargaining representative of
14		TNDs engaged with the TNC, with information requested by
15		the TND organization that is relevant to, and necessary
16		for, purposes of bargaining and the performance of its
17		other duties required by this Act.
18		(5) Fail or refuse to continue all the terms of a
19		sectoral agreement approved by the Department under this
20		Act until a new sectoral agreement is approved, unless in
21		accordance with a recognized exception under the law.
22		(6) Dominate or interfere with the formation,
23		existence, or administration of any TND organization, or
24		to contribute financial or other support to any such
25		organization, directly or indirectly, unless required by
26		this Act, by any rules implementing this Act, or by any

HB5090 Enrolled - 12 - LRB104 20486 HLH 33958 b
1		sectoral agreement approved by the Department, including,
2		but not limited to, the following:
3		(i) by participating or assisting in, supervising,
4		or controlling (A) the initiation or creation of any
5		such organization or (B) the meetings, management,
6		operation, elections, formulation or amendment of
7		constitution, rules, or policies, of any such
8		organization;
9		(ii) by offering incentives to TNDs to join any
10		such organization; or
11		(iii) by donating free services, equipment,
12		materials, office or meeting space or anything else of
13		value for the use of any such organization; provided
14		that a TNC may permit TNDs to perform representational
15		work protected under this Act during working hours
16		without loss of time or pay or allow agents of a TND
17		organization that is the exclusive representative of
18		its TNDs to meet with TNDs on its premises or
19		communicate with TNDs via the TNC's platform; and
20		provided further that any activity permitted to be
21		performed or conducted by a TNC with respect to a TND
22		by paragraphs (1) through (6) of the definition of
23		"company union" in Section 3 shall not be deemed an
24		unfair work practice under this paragraph.
25		(7) Require a TND to join any company union or TND
26		organization or to require a TND to refrain from forming,

HB5090 Enrolled - 13 - LRB104 20486 HLH 33958 b
1		or joining or assisting a TND organization of the TND's
2		choosing.
3		(8) Encourage membership in any company union or
4		discourage membership in any TND organization, by
5		discrimination in regard to any term or condition of work.
6		(9) Deactivate or otherwise discriminate against a TND
7		because the TND has signed or filed any charge, affidavit,
8		petition, or complaint or given any information or
9		testimony under this Act.
10		(10) Distribute or circulate any blacklist of
11		individuals exercising any right created or confirmed by
12		this Act or of members of a TND organization, or to inform
13		any person of the exercise by any individual of the right
14		or of the membership of any individual in a TND
15		organization for the purpose of preventing individuals so
16		blacklisted or so named from obtaining or retaining
17		opportunities for remuneration.
18		(11) Perform any acts, other than those already
19		enumerated in this Section, which interfere with,
20		restrain, or coerce TNDs in the exercise of the rights
21		guaranteed by this Act.
22		(b) It is an unfair work practice for a TND organization
23		to:
24		(1) Fail or refuse to negotiate in good faith with a
25		TNC concerning mandatory subjects of bargaining, provided
26		that the TND organization is the certified exclusive

HB5090 Enrolled - 14 - LRB104 20486 HLH 33958 b
1		bargaining representative of the TNC's transportation
2		network drivers, including by refusing to provide
3		information requested by a TNC that is relevant and
4		necessary for the purposes of bargaining and the
5		performance of its other duties required by this Act.
6		(2) Restrain or coerce TNDs in the exercise of the
7		rights guaranteed by this Act, provided that this
8		paragraph shall not impair the right of a TND organization
9		to prescribe its own rules with respect to the acquisition
10		or retention of membership in the organization.
11		(3) Fail or refuse to fulfill its duty of fair
12		representation by intentional misconduct in representing
13		TNDs where it is the certified exclusive bargaining
14		representative.
15		(4) Restrain or coerce a TNC in the selection of its
16		representatives for the purpose of bargaining or the
17		adjustment of grievances.
18		(5) Cause or attempt to cause a TNC to discriminate
19		against a TND in violation of paragraph (9) of subsection
20		(a) of this Section.
21		(c) For the purposes of this Section, "to negotiate in
22		good faith" means the performance of the mutual obligation of
23		the transportation network companies or their agents or
24		representatives and the exclusive bargaining representative to
25		meet at reasonable times and negotiate in good faith with
26		respect to mandatory subjects of bargaining, or the

HB5090 Enrolled - 15 - LRB104 20486 HLH 33958 b
1		negotiation of a sectoral agreement under Section 12, or any
2		question arising thereunder, and to execute a written contract
3		incorporating any agreement reached if requested by either
4		party. However, this mutual obligation does not compel the
5		transportation network companies or the exclusive bargaining
6		representative to agree to a proposal or require the making of
7		a concession.
8		Section 7. Prevention of unfair work practices.
9		(a) The Board is empowered and directed to prevent any TNC
10		and any TND organization from engaging in any unfair work
11		practice described in this Act. This power shall not be
12		affected or impaired by any means of adjustment, mediation, or
13		conciliation in labor disputes that have been or may hereafter
14		be established by law or the approval of a sectoral agreement
15		provided for in subsection (i) of Section 12. In order to
16		prevent unfair work practices, each TNC shall, at least once
17		each year, send a text message and an email to each of its
18		active TNDs in a form determined by the Board notifying the
19		TNDs of their rights under this Act, and the procedure for
20		filing an unfair work practice charge. The TNC shall provide
21		the notice in all languages that the Board determines are
22		likely spoken by 5% or more of TNC drivers. The Board shall
23		also post a copy of this notice on its website.
24		(b) No complaint shall issue based upon any unfair work
25		practice occurring more than 6 months prior to the filing of a

HB5090 Enrolled - 16 - LRB104 20486 HLH 33958 b
1		charge with the Board and the service of a copy upon the person
2		against whom the charge is made. Notwithstanding the
3		provisions of this subsection, if the aggrieved party did not
4		reasonably have knowledge of the alleged unfair work practice,
5		the 6-month filing and service period shall begin to run when
6		the charging party knew, or reasonably should have known, of
7		the actions which constitute the alleged unfair work practice.
8		(c) Whenever it is charged that any person has engaged in,
9		or is engaging in, any unfair work practice, the Board, or any
10		agent designated by the Board for the purposes, shall conduct
11		an investigation of the charge. If, after the investigation,
12		the Board finds that the charge involves a dispositive issue
13		of law or fact, the Board shall issue a complaint and cause to
14		be served upon the person the complaint stating the charges,
15		accompanied by a notice of hearing before the Board or a member
16		designated by the Board, or before a qualified hearing officer
17		designated by the Board at the offices of the Board or the
18		other location as the Board deems appropriate, not less than 5
19		days after service of the complaint. Any such complaint may be
20		amended by the member or hearing officer conducting the
21		hearing for the Board in his or her discretion at any time
22		prior to the issuance of an order based thereon. The person who
23		is the subject of the complaint has the right to file an answer
24		to the original or amended complaint and to appear in person or
25		by a representative and give testimony at the place and time
26		fixed in the complaint. In the discretion of the member or

HB5090 Enrolled - 17 - LRB104 20486 HLH 33958 b
1		hearing officer conducting the hearing or the Board, any other
2		person may be allowed to intervene in the proceeding and to
3		present testimony. In any hearing conducted by the Board,
4		neither the Board nor the member or agent conducting the
5		hearing shall be bound by the rules of evidence applicable to
6		courts, except as to the rules of privilege recognized by law.
7		(d) The Board shall have the power to issue subpoenas and
8		administer oaths. If any party willfully fails or neglects to
9		appear or testify or to produce books, papers, and records
10		pursuant to the issuance of a subpoena by the Board, the Board
11		may apply to a court of competent jurisdiction to request that
12		the party be ordered to appear before the Board to testify or
13		produce the requested evidence.
14		(e) Any testimony taken by the Board, or a member
15		designated by the Board or a hearing officer, must be reduced
16		to writing and filed with the Board. A full and complete record
17		shall be kept of all proceedings before the Board, and all
18		proceedings shall be transcribed by a reporter appointed by
19		the Board. The party on whom the burden of proof rests shall be
20		required to sustain the burden by a preponderance of the
21		evidence, and the charging party shall have the burden of
22		proving the unfair work practice accordingly. If, upon a
23		preponderance of the evidence taken, the Board is of the
24		opinion that any person named in the charge has engaged in or
25		is engaging in an unfair work practice, then it shall state its
26		findings of fact and shall issue and cause to be served upon

HB5090 Enrolled - 18 - LRB104 20486 HLH 33958 b
1		the person an order requiring the person to cease and desist
2		from the unfair work practice, and to take the affirmative
3		action as will effectuate the provisions of this Act,
4		including, but not limited to: (i) withdrawal of recognition
5		from and refraining from sectoral bargaining with any
6		organization or association, agency, or plan that is either
7		defined in this Act as a company union or established,
8		maintained, or assisted by any action defined in this Act as an
9		unfair work practice; (ii) awarding of back compensation
10		without any reduction based on the TND's interim earnings or
11		failure to earn interim earnings and, upon a showing of
12		egregious misconduct, an additional amount as liquidated
13		damages equal to 2 times the amount of back compensation
14		awarded; (iii) requiring reengagement or reestablishment of
15		the TNC's preexisting relationship with an improperly
16		adversely affected TND with or without compensation, or
17		maintenance of a preferential list from which the TND shall be
18		reengaged or the relationship reestablished, and the order may
19		further require the respondent to make reports from time to
20		time showing the extent to which the order has been complied
21		with; (iv) requiring the TNC to recognize and bargain with a
22		TND organization if the Board determines that the unfair work
23		practice interfered with the TND's right to form or join a TND
24		organization; and (v) requiring the respondent to comply with
25		any other obligation of this Act. The Board's order may in its
26		discretion also include an appropriate sanction, based on the

HB5090 Enrolled - 19 - LRB104 20486 HLH 33958 b
1		Board's rules, and the sanction may include an order to pay the
2		other party or parties' reasonable expenses, including costs
3		and reasonable attorney's fees, if the other party has made
4		allegations or denials without reasonable cause and found to
5		be untrue or has engaged in frivolous litigation for the
6		purpose of delay or needless increase in the cost of
7		litigation. If the Board awards back compensation, damages, or
8		monetary sanction, it shall also award interest at the rate of
9		7% per annum. The Board's order may further require the person
10		to make reports from time to time, and demonstrate the extent
11		to which the person has complied with the order. If there is no
12		preponderance of evidence to indicate to the Board that the
13		person named in the charge has engaged in or is engaging in the
14		unfair work practice, then the Board shall state its findings
15		of fact and shall issue an order dismissing the complaint.
16		(f) Until the record in a case has been filed in court, the
17		Board at any time, upon reasonable notice and in a manner as it
18		deems proper, may modify or set aside, in whole or in part, any
19		finding or order made or issued by it.
20		(g) A charging party or any person aggrieved by a final
21		order of the Board granting or denying in whole or in part the
22		relief sought may apply for and obtain judicial review of an
23		order of the Board entered under this Act, in accordance with
24		the provisions of the Administrative Review Law, except that
25		judicial review shall be afforded directly in the Appellate
26		Court for the district in which the aggrieved party resides or

HB5090 Enrolled - 20 - LRB104 20486 HLH 33958 b
1		transacts business, and judicial review shall not be available
2		for the purpose of challenging a final order issued by the
3		Board under Section 10 for which judicial review has been
4		petitioned in accordance with subsection (f) of Section 10.
5		Any direct appeal to the Appellate Court shall be filed within
6		35 days after the date that a copy of the decision sought to be
7		reviewed was served upon the party affected by the decision.
8		The filing of an appeal to the Appellate Court shall not
9		automatically stay the enforcement of the Board's order. An
10		aggrieved party may apply to the Appellate Court for a stay of
11		the enforcement of the Board's order after the aggrieved party
12		has followed the procedure prescribed by Supreme Court Rule
13		335. The Board in proceedings under this Section shall request
14		and may obtain an order of the court for the enforcement of the
15		Board's order.
16		(h) Whenever it appears that any person has violated a
17		final order of the Board issued under this Section, the Board
18		must commence an action in the name of the People of the State
19		of Illinois by petition, alleging the violation, attaching a
20		copy of the order of the Board, and praying for the issuance of
21		an order directing the person, the person's officers, agents,
22		servants, successors, and assigns to comply with the order of
23		the Board. The Board shall be represented in this action by the
24		Attorney General in accordance with the Attorney General Act.
25		The court may grant or refuse, in whole or in part, the relief
26		sought, provided that the court may stay an order of the Board

HB5090 Enrolled - 21 - LRB104 20486 HLH 33958 b
1		in accordance with the Administrative Review Law, pending
2		disposition of the proceedings. The court may punish a
3		violation of its order as in civil contempt. The proceedings
4		provided in this paragraph shall be commenced in the Appellate
5		Court for the district where the unfair work practice which is
6		the subject of the Board's order was committed, or where a
7		person required to cease and desist by the order resides or
8		transacts business. In case of the enforcement of an order of
9		the Board, the Appellate Court shall have the power to issue
10		any injunctive or equitable remedy it finds appropriate, and
11		in the case of a Board order which requires the payment of
12		money, the Appellate Court shall have the power to enter
13		judgment for the amount justified by the record and for costs,
14		which judgment may be enforced as other judgments for the
15		recovery of money.
16		(i)(1) A party filing an unfair work practice charge under
17		this Section may petition the Board to obtain injunctive
18		relief, pending a decision on the merits of the charge by the
19		Board, a member designated by the Board, or a hearing officer
20		designated by the Board, upon a showing that: (i) it is likely
21		to succeed on the merits; (ii) it is likely to suffer
22		irreparable harm in the absence of preliminary relief; (iii)
23		the balance of equities tips in its favor; and (iv) an
24		injunction is in the public interest. The immediate and
25		irreparable harm may include the chilling of TNDs in the
26		exercise of rights provided or protected by this Act.

HB5090 Enrolled - 22 - LRB104 20486 HLH 33958 b
1		(2) Within 60 days after the receipt by the Board of the
2		petition for injunctive relief, if the Board determines that a
3		charging party has made a sufficient showing in accordance
4		with paragraph (1), the Board, through the Attorney General,
5		shall petition the circuit court where the alleged unfair work
6		practice was allegedly committed, or where a person required
7		to cease and desist from the alleged unfair work practice
8		resides or transacts business, for appropriate temporary
9		relief or restraining order. The Board shall be represented in
10		the action by the Attorney General in accordance with the
11		Attorney General Act. If the Board fails to act within 60 days,
12		the Board shall be deemed to have made a final order
13		determining not to seek injunctive relief. If the Board
14		determines not to seek injunctive relief, or if the Board,
15		through the Attorney General, does not petition the circuit
16		court for injunctive relief within 60 days after the filing of
17		the charging party's petition with the Board, the charging
18		party may seek injunctive relief by petition to the circuit
19		court, in which case the Board must be joined as a necessary
20		party.
21		(3) Upon the filing of any petition for injunctive relief
22		as provided in the preceding paragraph, the injunctive relief
23		may be granted by the court, after hearing all parties, if it
24		determines that there is a sufficient showing under paragraph
25		(1). The relief shall expire on decision by the Board, a member
26		designated by the Board, or a hearing officer designated by

HB5090 Enrolled - 23 - LRB104 20486 HLH 33958 b
1		the Board finding no unfair work practice to have occurred,
2		successful appeal of the grant of injunctive relief, or
3		successful motion to vacate or modify the injunctive relief
4		under the Code of Civil Procedure. Any injunctive relief in
5		effect pending a decision by the Board (i) shall expire upon a
6		decision by the Board finding no unfair work practice to have
7		occurred, of which the Board shall notify the court
8		immediately, or (ii) shall remain in effect only to the extent
9		it implements any remedial order issued by the Board in its
10		decision, of which the Board shall notify the court
11		immediately.
12		(4) A decision on the merits of the unfair work practice
13		charge by the Board finding an unfair work practice to have
14		occurred shall continue the injunctive relief until either (i)
15		the respondent implements the remedy or (ii) the Board's order
16		is set aside in an action for review of the Board's order under
17		the Administrative Review Law as set forth in subsection (g).
18		(5) The appeal of any order granting, denying, modifying,
19		or vacating injunctive relief ordered by the court under this
20		subsection shall be made in accordance with the Code of Civil
21		Procedure and Supreme Court Rules.
22		(6) The Board or, where applicable, the charging party,
23		shall not be required to give any undertakings or bond and
24		shall not be liable for any damages or costs which may have
25		been sustained by reason of any injunctive relief ordered. In
26		the case of a TNC's failure to provide an accurate list of

HB5090 Enrolled - 24 - LRB104 20486 HLH 33958 b
1		names, mobile phone numbers, email addresses, and mailing
2		addresses of TNDs, immediate and irreparable injury, loss, or
3		damage shall be presumed.
4		(j) In addition to, and without limiting, any other
5		procedure provided in this Section, the Board is empowered and
6		directed to enforce, and prevent violations of paragraph (2)
7		of subsection (a) of Section 6 as follows.
8		(1) Upon the failure or refusal of a TNC to timely
9		submit the list to the Board required by Section 9, the
10		Board shall promptly issue a complaint charging the TNC
11		with an unfair work practice and, through the Attorney
12		General, petition a court of competent jurisdiction for
13		temporary relief to compel production of the list,
14		consistent with the procedures in subsection (i), except
15		that the Board shall have a mandatory, nondiscretionary
16		duty to seek injunctive relief. The Board shall be
17		represented in the action by the Attorney General in
18		accordance with the Attorney General Act. In the case of a
19		TNC's failure to provide the list to the Board required by
20		Section 9, immediate and irreparable injury, loss, or
21		damage shall be presumed.
22		(2) In addition to any other remedy provided by this
23		Act, a TNC found to have committed an unfair work practice
24		in violation of paragraph (2) of subsection (a) of Section
25		6 shall be subject to a civil penalty, payable to the
26		Board, not to exceed $10,000 per day for each day after the

HB5090 Enrolled - 25 - LRB104 20486 HLH 33958 b
1		deadline that the list was not provided. The amount of the
2		penalty shall be determined by the Board through
3		application of the following criteria: (i) the size of the
4		TNC; (ii) the severity of the violation; and (iii) any
5		history of violations by the TNC. A TNC found to have
6		committed an unfair work practice in violation of
7		paragraph (2) of subsection (a) of Section 6 shall also be
8		required by the Board to pay the Board's or charging
9		party's attorney's fees and costs for any court proceeding
10		initiated by the Board or charging party to compel
11		production of the list.
12		Section 8. Determination of active TNDs.
13		(a) Within 90 days after the effective date of this Act,
14		and once each calendar quarter thereafter, each covered
15		transportation network company shall provide the Board, in an
16		electronic format determined by the Board, with information
17		that identifies all transportation network drivers who
18		completed 10 or more rides that originate in the State on the
19		covered TNC's platform in the previous 6 months.
20		(b) Each covered TNC shall provide this information within
21		2 weeks after the end of each calendar quarter (by April 14
22		provide TND information from rides originating between October
23		1 and March 31, by July 14 provide TND information from rides
24		originating between January 1 and June 30, by October 14
25		provide TND information from rides originating between April 1

HB5090 Enrolled - 26 - LRB104 20486 HLH 33958 b
1		and September 30, by January 14 provide TND information from
2		rides originating between July 1 and December 31).
3		(c) The information shall include only the name of the
4		TND, the TND driver's license number, and to the extent known
5		by a TNC, the TND's mobile phone number, mailing address,
6		email address, preferred language, and the number of rides the
7		TND completed through the covered TNC's platform in the
8		previous 6 months. A TND organization may use the information
9		in the list only for the purposes authorized by this Act, and
10		shall not provide the information to any third party unless
11		that party is acting as the TND organization's agent for the
12		purposes authorized by this Act. A covered TNC shall not be
13		liable for any damages caused by the TND organization's or the
14		Board's failure to safeguard the list as provided in Section
15		16 from a data or security breach.
16		(d) Within 14 days after the deadline for submission of
17		the information from covered TNCs required in this Section,
18		the Board shall combine the data provided by all covered TNCs
19		to determine the distribution of the number of rides completed
20		by all TNDs for which data has been submitted, and then shall
21		determine the median number of rides across TNDs for whom data
22		has been submitted in the previous 6 months. Any TND who
23		completed greater than or equal to the median number of rides
24		shall be considered an active transportation network driver in
25		the rideshare industry. The Board shall make publicly
26		available both the total number of active transportation

HB5090 Enrolled - 27 - LRB104 20486 HLH 33958 b
1		network drivers in the rideshare industry and the median
2		number of rides used to make that determination. The
3		information required to be provided to the Board in this
4		Section shall be produced in a manipulable electronic format,
5		such as a spreadsheet program consisting of cells organized by
6		lettered columns and numbered rows with each data point in a
7		separate cell that allows users to sort and perform
8		calculations and analysis. The Board may require that the
9		information be provided in a specified software program. The
10		records and information provided to the Board by
11		transportation network companies are exempt from disclosure
12		under the Freedom of Information Act.
13		Section 9. Determination of covered TNCs.
14		(a) Within 90 days after the effective date of this Act,
15		and within 2 weeks after the end of each calendar quarter, each
16		TNC shall electronically submit to the Board a single
17		statewide total of the rides performed during the prior
18		quarter by transportation network drivers on its
19		online-enabled application or platform. For the purposes of
20		this Section, all digital networks or software application
21		services that any related corporate entities under common
22		control maintain shall be considered a single TNC.
23		(b) The information required by subsection (a) shall be
24		produced in a manipulable electronic format, such as a
25		spreadsheet program consisting of cells organized by lettered

HB5090 Enrolled - 28 - LRB104 20486 HLH 33958 b
1		columns and numbered rows with each data point in a separate
2		cell that allows users to sort and perform calculations and
3		analysis. The Board may require that the information be
4		provided in a specified software program.
5		(c) Within 14 days after the deadline set forth in
6		subsection (a), the Board shall designate the covered TNCs
7		through the following procedure.
8		(1) The Board shall total all rides reported under
9		subsection (a).
10		(2) The Board shall then rank all TNCs by rideshare
11		volume in descending order. The Board shall begin with the
12		highest ranked TNC and continue down the list until the
13		Board has identified the TNCs whose rides collectively
14		equal or exceed 95% of the statewide total for the
15		preceding quarter. These TNCs shall be deemed covered TNCs
16		for the purposes of this Act.
17		(3) For the purposes of this Section, all TNCs under
18		common ownership or control shall be considered to be a
19		single TNC. The Board shall publish the list of covered
20		TNCs and noncovered TNCs and rideshare volume information
21		on its website. The Board shall notify each TNC as to
22		whether the TNC is a covered TNC.
23		(d) The failure of a TNC to submit the list required by
24		subsection (a) shall not prevent the Board from providing a
25		list of covered and noncovered TNCs to the extent the Board
26		concludes that the missing information cannot reasonably be

HB5090 Enrolled - 29 - LRB104 20486 HLH 33958 b
1		expected to change whether those TNCs are covered or
2		noncovered TNCs.
3		(e) A TNC that was not a covered TNC when a sectoral
4		agreement took effect but whose rideshare volume in a later
5		quarter brings it within the 95% threshold identified in
6		paragraph (2) of subsection (c) shall become a covered TNC,
7		and be bound by all terms of the sectoral agreement
8		immediately.
9		(f) A TNC that becomes a covered TNC in accordance with
10		this Section shall remain a covered TNC for the remaining term
11		of a sectoral agreement.
12		(g) When a sectoral agreement is in effect, any TNC that is
13		not a covered TNC for the purposes of this Section may choose
14		to become bound to the sectoral agreement by providing written
15		notice to the Board, the certified exclusive bargaining
16		representative, and the covered TNCs. A TNC that chooses to
17		become bound to a sectoral agreement under this Section shall
18		be bound for the remaining term of the agreement. The TNC shall
19		not, on account of its exercise of the option provided by this
20		Section, become a covered TNC for the purposes of negotiation
21		of subsequent sectoral agreements or coverage by subsequent
22		sectoral agreements.
23		(h) It is unlawful for any TNC that is not a covered TNC or
24		voluntarily bound by the terms of the sectoral agreement as
25		provided by this Section to make any statement, advertisement,
26		or imply in any official communication that the TNC is bound by

HB5090 Enrolled - 30 - LRB104 20486 HLH 33958 b
1		the terms of the sectoral agreement.
2		(i) During the time that a noncovered TNC is bound by the
3		terms of the sectoral agreement under this Section, the
4		certified exclusive bargaining representative shall represent
5		the TNC drivers who drive for the noncovered TNC for the
6		purposes of this Act. The noncovered TNC shall have the same
7		obligations as a covered TNC to provide information to the
8		Board necessary to administer this Act and to provide
9		information to the exclusive bargaining representative
10		necessary for representation of the TNC drivers.
11		Section 10. Designation of bargaining representatives.
12		(a) For the purposes of this Act, each TND performing TNC
13		services on a covered TNC shall be included in the bargaining
14		unit.
15		(b) A TND organization may demonstrate that it has been
16		designated as a bargaining representative by presenting to the
17		Board cards, petitions, or other evidence, which may be in
18		electronic form, sufficient to show the TND has authorized the
19		TND organization to act as the worker's bargaining
20		representative. A TND may demonstrate that TNDs do not wish to
21		be represented by a TND organization by presenting to the
22		Board cards, petitions, or other evidence, which may be in
23		electronic form, sufficient to show the TND does not authorize
24		any TND organization to act as the worker's exclusive
25		bargaining representative. The Board shall deem valid any such

HB5090 Enrolled - 31 - LRB104 20486 HLH 33958 b
1		card, petition, or other evidence that includes (i) the
2		signature of the TND, (ii) the date of execution, (iii) a
3		statement indicating the TND's authorization of the TND
4		organization to act as the TND's exclusive bargaining
5		representative or alternatively the TND's wish to not be
6		represented by a TND organization, and (iv) the name of at
7		least one TNC for whom the TND performs services. No card,
8		petition, or other evidence of designation of bargaining
9		representative shall be deemed valid for the purposes of this
10		Section unless it was executed on or after the effective date
11		of this Act. In order to be valid, the card, petition, or other
12		evidence must have been executed by the TND within one year of
13		the date that the TND organization, or TND, submits the
14		evidence to the Board. The authorizations or designations of
15		representatives may be evidenced by electronic records or
16		electronic signatures as provided under Sections 7 and 8 of
17		the Uniform Electronic Transactions Act. The Board shall
18		accept electronic signatures as a means to support the
19		authorizations or designations of representatives where, as
20		with handwritten signatures, the electronic signature method
21		chosen by the party provides the Board with prima facie
22		evidence (1) that a TND has electronically signed a document
23		purporting to state the TND's views regarding representation
24		and (2) that the petitioner has accurately transmitted that
25		document to the Board. The authorizations or designations of
26		representative shall be presumed to be valid unless called

HB5090 Enrolled - 32 - LRB104 20486 HLH 33958 b
1		into question by the presence of objective evidence. The Board
2		may adopt rules for verification of electronic signatures to
3		effectuate this Section consistent with the following:
4		(1) Submissions supported by electronic signature must
5		contain the following: (i) the signer's name; (ii) the
6		signer's email address or other known contact information,
7		such as a social media account; (iii) the signer's
8		telephone number; (iv) the authorization language to which
9		the signer has agreed; (v) the date the electronic
10		signature was submitted; and (vi) the name of at least one
11		TNC for whom the TND performs services. The Board shall
12		not require any additional TND identifying information to
13		be submitted for the signature and authorization to be
14		presumed valid. If the submission does not identify at
15		least one TNC for whom the TND performs services, then at
16		the time the submission is provided to the Board, the
17		petitioner may attest, in writing, that the TND currently
18		provides services for at least one identified TNC.
19		(2) A party submitting either electronic or digital
20		signatures must submit a declaration: (i) identifying what
21		electronic or digital signature technology was used and
22		explaining how its controls ensure that the electronic or
23		digital signature is that of the signatory TND and that
24		the TND signed the document; and (ii) that the
25		electronically transmitted information regarding what and
26		when the TNDs signed is the same information seen and

HB5090 Enrolled - 33 - LRB104 20486 HLH 33958 b
1		signed by the TND.
2		(3) When the electronic signature technology being
3		used does not support digital signatures that can be
4		independently verified by a third party, the submitting
5		party must submit evidence that, after the electronic
6		signature was obtained, the submitting party promptly
7		transmitted a communication stating and confirming all the
8		information listed in paragraph (1) (the "Confirmation
9		Transmission"). The Confirmation Transmission must be sent
10		to an individual account, such as an email address, text
11		message via mobile phone, or social media account provided
12		by the signer. If any responses to the Confirmation
13		Transmission are received by the time of submission to the
14		Board, those responses must also be provided to the Board.
15		(c) The Board shall not adopt or impose any requirements
16		for designations or authorizations of representative in
17		addition to those specified in subsection (b), unless based on
18		objective evidence of fraud, the Board determines that
19		additional technical requirements are necessary to prevent the
20		fraud. Any additional requirements shall be consistent with
21		the purpose of subsection (b) and shall not require additional
22		TND identifying information to be submitted for the signature
23		and authorization to be presumed valid. A designation or
24		authorization of representative shall not be invalidated for
25		typographical or other errors or omissions if the intent of
26		the signer is clear and the signer's identity can be

HB5090 Enrolled - 34 - LRB104 20486 HLH 33958 b
1		determined based on the totality of the information presented.
2		(d)(1) Within 30 days after the petition of any TND
3		organization, the Board shall make a determination that such
4		organization has been designated as the bargaining
5		representative by at least 10% of active TNDs in the
6		bargaining unit. For the purposes of this paragraph, the
7		operative list of active TNDs shall be based on the most recent
8		quarterly list provided by the covered TNCs to the Board in
9		accordance with Section 8.
10		(2) Within 30 days after the Board's determination that a
11		TND organization has been designated as the bargaining
12		representative of at least 10% of active TNDs in the
13		bargaining unit, the Board shall: (i) require each covered TNC
14		to send a notice, in a form determined by the Board, that the
15		TND organization is seeking to represent TNDs for the purpose
16		of initiating a bargaining process in order to establish terms
17		and conditions for the industry; and (ii) provide the TND
18		organization with a complete list of names, phone numbers,
19		mailing address, email addresses, and preferred language for
20		all active TNDs in the bargaining unit. The TNC shall provide
21		the notice in all languages that the Board determines are
22		likely spoken by 5% or more of TNC drivers. The Board will
23		provide the TND organization with an updated list each quarter
24		for the following 4 quarters.
25		(e)(1) A TND organization that provides evidence to the
26		Board that it has been designated as bargaining representative

HB5090 Enrolled - 35 - LRB104 20486 HLH 33958 b
1		by 30% of active TNDs in the bargaining unit shall be certified
2		as the exclusive bargaining representative of all TNDs in the
3		bargaining unit. The Board shall make such determination of
4		exclusive bargaining representative status within 30 days
5		after the petition. In the alternative, a TND organization
6		that has been designated as the bargaining representative of
7		at least 10% of active TNDs in the bargaining unit, pursuant to
8		a petition filed under subsection (d) or (e), may petition the
9		Board to conduct an election. The TND organization may
10		petition for such election at any time within one year of the
11		Board's determination that it has been designated as the
12		bargaining representative of at least 10% of active TNDs. The
13		Board shall publicly announce the petition for election and
14		require each covered TNC to provide notice, in a form
15		determined by the Board, to all active TNDs of the petition for
16		election. The election shall be conducted as expeditiously as
17		possible, but in no event more than 60 days after the TND
18		organization's petition for election. Any other TND
19		organization that provides evidence to the Board that it has
20		been designated as the bargaining representative of at least
21		10% of active TNDs in the bargaining unit may, within 30 days
22		after the Board's public announcement of the original petition
23		for election, intervene and participate in the election. For
24		the purposes of this paragraph and for petitions filed by a TND
25		organization within 6 months of having been designated as a
26		representative by 10% of active TNDs under paragraph (2) of

HB5090 Enrolled - 36 - LRB104 20486 HLH 33958 b
1		subsection (d), the operative list of active TNDs shall be
2		based on the first list of active TNDs provided to the TND
3		organization by the Board under paragraph (2) of subsection
4		(d). For the purposes of all other petitions under this
5		paragraph, the operative list of active TNDs shall be the most
6		recent quarterly list provided by the covered TNCs in
7		accordance with Section 8.
8		(2) If a TND organization seeking certification as the
9		exclusive bargaining representative without an election
10		provides evidence that shows that less than a majority of
11		active TNDs have designated the TND organization as their
12		bargaining representative, the Board shall wait 7 days before
13		certifying the TND organization as the exclusive bargaining
14		representative. If, during those 7 days, another TND
15		organization provides evidence to the Board that at least 20%
16		of active TNDs in the bargaining unit have designated it as
17		their bargaining representative, then the Board shall hold an
18		election among all active TNDs in the bargaining unit. Such
19		election shall be conducted as expeditiously as possible, but
20		in no event more than 60 days after the petition of the
21		original TND seeking certification as the exclusive bargaining
22		representative. For the purposes of such election and for
23		petitions filed by a TND organization within 6 months of
24		having been designated as representative by 10% of active TNDs
25		under paragraph (2) of subsection (d), the operative list of
26		active TNDs shall be based on the first list of active TNDs

HB5090 Enrolled - 37 - LRB104 20486 HLH 33958 b
1		provided to the TND organization by the Board under paragraph
2		(2) of subsection (d). For the purposes of all other elections
3		under this paragraph, the operative list of active TNDs shall
4		be the most recent quarterly list provided by the covered TNCs
5		in accordance with Section 8.
6		(2.5) For purposes of any election conducted under
7		paragraph (1) or (2) of this subsection, if the TND
8		organization receives a majority of valid votes cast in the
9		election, the Board shall certify the TND organization as the
10		exclusive bargaining representative. When 2 or more TND
11		organizations are on the ballot and none of the choices (the
12		TND organizations or "no worker organization") receives a
13		majority of the valid votes cast, there shall be a runoff
14		election between the 2 choices receiving the largest and
15		second largest number of votes, to be conducted within 45 days
16		after the determination that no choice had received a majority
17		of valid votes cast. The TNDs eligible to vote in the runoff
18		election shall be the same TNDs eligible to vote in the initial
19		election. A TND organization receiving a majority of the valid
20		votes cast in the runoff election shall be certified as the
21		exclusive bargaining representative of all TNDs in the
22		bargaining unit. If a majority of the valid votes cast are for
23		"no worker organization", then the Board shall not certify any
24		worker organization as the exclusive bargaining
25		representative.
26		(3) A TND organization certified as the exclusive

HB5090 Enrolled - 38 - LRB104 20486 HLH 33958 b
1		bargaining representative shall have the exclusive authority
2		to represent the TNDs in the bargaining unit, without
3		challenge by another TND organization, and not subject to
4		decertification by the procedures in this subsection, for the
5		greater of (i) one year following certification or (ii) the
6		length of time that a sectoral agreement approved by the
7		Department under subsection (i) of Section 12 is in effect,
8		provided that the period shall not be longer than 3 years
9		following the date of the Department's approval of the
10		sectoral agreement. During the times when an exclusive
11		bargaining representative is subject to challenge, TNDs may
12		file for a decertification election upon a showing that at
13		least 25% of the active TNDs in the bargaining unit have
14		demonstrated support for the decertification. The Board will
15		then schedule an election to determine whether the TND
16		organization has retained its status as the exclusive
17		bargaining representative. The TND organization shall retain
18		its status as the exclusive bargaining representative if it
19		receives a majority of valid votes cast by active TNDs in the
20		bargaining unit. For the purposes of this paragraph, the
21		operative list of active TNDs shall be based on the most recent
22		quarterly list provided by the covered TNCs in accordance with
23		Section 8.
24		(4) If a TND organization has been certified as the
25		exclusive bargaining representative with respect to the
26		bargaining unit, only that TND organization shall be entitled

HB5090 Enrolled - 39 - LRB104 20486 HLH 33958 b
1		to: (i) immediately upon certification, and, quarterly
2		thereafter, receive from the Board the data provided by the
3		covered TNCs to the Board under Section 8, to be used solely
4		for the purposes of bargaining and the performance of its
5		other duties as the TND's bargaining representative; and (ii)
6		to engage in bargaining with the covered TNCs for a sectoral
7		agreement to be recommended to the Department concerning
8		mandatory subjects of bargaining.
9		(5) A TND organization that has been certified as the
10		exclusive bargaining representative with respect to the
11		bargaining unit shall have a right to voluntary deduction of
12		dues, initiation fees, assessments, and other payments to the
13		TND organization, from payments to TNDs by a covered TNC, upon
14		presentation of deduction authorizations signed by individual
15		TNDs, which may be in electronic form. A covered TNC shall
16		commence making such deductions in accordance with the terms
17		of the deduction authorization as soon as practicable, but in
18		no case later than 30 days after receiving proof of a signed
19		deduction authorization, and amounts deducted shall be
20		submitted to the TND organization within 30 days after the
21		deduction. A covered TNC shall accept a signed deduction
22		authorization evidenced by electronic records or electronic
23		signatures as provided under Sections 7 and 8 of the Uniform
24		Electronic Transactions Act. The right to such deductions
25		shall remain in full force and effect until an individual TND
26		revokes the deduction authorization in writing in accordance

HB5090 Enrolled - 40 - LRB104 20486 HLH 33958 b
1		with the terms of the authorization.
2		(f) An order of the Board dismissing a representation
3		petition or determining, certifying, or decertifying a TND
4		organization as an exclusive bargaining representative is a
5		final order. Any person aggrieved by any such final order may
6		apply for and obtain judicial review in accordance with the
7		provisions of the Administrative Review Law, except that such
8		review shall be afforded directly in the Appellate Court for
9		the district in which the aggrieved party resides or transacts
10		business. Any direct appeal to the Appellate Court shall be
11		filed within 35 days after the date that a copy of the decision
12		sought to be reviewed was served upon the party affected by the
13		decision.
14		(g) Upon agreement by a TND organization seeking such
15		determination or petition or a TND seeking such determination,
16		and the relevant covered TNC or TNCs, any of the numerical
17		thresholds or any of the elections in this Section shall be
18		determined or conducted by a neutral body, in accordance with
19		the provisions of this Act. The fees of the neutral body shall
20		be paid by the Board. The neutral body shall report the results
21		of such determination or election to the Board, which shall
22		certify the results if it is satisfied that the determination
23		was made or election was conducted in accordance with the
24		provisions of this Act. If no neutral body has been agreed to
25		within 10 days after a TND organization's or TND's notice of
26		its request for a determination or its petition, the Board may

HB5090 Enrolled - 41 - LRB104 20486 HLH 33958 b
1		designate a neutral body or perform such functions itself.
2		Section 11. Rideshare Workers Support Fund.
3		(a) Beginning 90 days after the effective date of this
4		Act, each covered TNC shall be required to pay a fee equal to 4
5		cents for each trip originating within this State to the
6		Secretary of State to be deposited into the Rideshare Workers
7		Support Fund. Beginning 30 days after the certification of an
8		exclusive bargaining representative under Section 10, the fee
9		set forth in this subsection shall be increased to an amount
10		equal to 20 cents for each trip originating within this State.
11		Beginning on January 1, 2028, and each January 1 thereafter,
12		the fee set forth in this subsection shall be adjusted to the
13		nearest penny for each trip originating in this State to
14		reflect any increase in inflation as measured by the Consumer
15		Price Index for All Urban Consumers published by the United
16		States Bureau of Labor Statistics. The Secretary of State
17		shall calculate and publish the adjusted fee required by this
18		subsection.
19		(1) Within 14 days after the start of each month, each
20		covered TNC shall pay to the Secretary of State the fee
21		required under subsection (a) for the previous month and
22		transmit to the Secretary of State a certified report
23		identifying the number of trips originating within this
24		State in the previous month. The covered TNCs shall pay
25		the fee and transmit the certified report to the Secretary

HB5090 Enrolled - 42 - LRB104 20486 HLH 33958 b
1		of State by electronic means as directed by the Secretary
2		of State.
3		(2) The Secretary of State shall create the Rideshare
4		Workers Support Fund and deposit the fees collected under
5		this Section into the fund.
6		(b) Subject to appropriation, the Secretary of State shall
7		use the funds in the Rideshare Workers Support Fund as
8		provided in this subsection. The Secretary of State shall use
9		the funds collected in each calendar quarter within 60 days
10		after the close of each quarter as follows:
11		(1) The amount equivalent to 3 cents for each trip
12		originating in this State shall be used by the Secretary
13		of State for the purposes of administering its functions
14		under this Act.
15		(2) The amount equivalent to 1 cent for each trip
16		originating in this State shall be paid to the Board for
17		the purposes of administering its functions under this
18		Act.
19		(3) Effective upon the increase in the fee following
20		the certification of an exclusive bargaining
21		representative under Section 10, and subject to paragraphs
22		(1) and (2) of subsection (b), the amount equivalent to 16
23		cents for each trip originating in this State shall be
24		paid as a grant to the exclusive bargaining
25		representative, subject to the conditions and restrictions
26		set forth in subsection (c). If, for a given period, there

HB5090 Enrolled - 43 - LRB104 20486 HLH 33958 b
1		is no certified exclusive bargaining representative or the
2		Secretary of State has determined to suspend or terminate
3		disbursements to the exclusive bargaining representative
4		as provided in subsection (c), the funds that would
5		otherwise have been paid to the exclusive bargaining
6		representative for that period shall be used by the Board
7		for the purposes of administering its functions under this
8		Act and for other educational and enforcement purposes
9		consistent with this Act.
10		The amounts set forth in this subsection shall be
11		recalculated proportionally to any increase in the fee under
12		subsection (a). A TNC required to pay a fee under this Section
13		shall not impose the cost of the fee on any consumer, including
14		as an itemized line or surcharge.
15		(c) The purpose of the grant to the exclusive bargaining
16		representative provided under paragraph (3) of subsection (b)
17		shall be to ensure that TNDs are educated about their rights
18		under this Act and have the resources, through their exclusive
19		bargaining representative, to enforce their rights under this
20		Act and under any approved sectoral agreement under this Act.
21		The exclusive bargaining representative may use the funds
22		granted under this Section exclusively for the purposes of
23		educating TNDs regarding their rights under this Act,
24		providing assistance in enforcing those rights, negotiating a
25		sectoral agreement, and enforcing the terms of a sectoral
26		agreement approved by the Department under this Act. The

HB5090 Enrolled - 44 - LRB104 20486 HLH 33958 b
1		exclusive bargaining representative shall not use any portion
2		of the funds granted under this Section for political
3		contributions or lobbying.
4		(1) An exclusive bargaining representative shall be
5		eligible to receive funds under this Section only if the
6		Secretary of State determines that the exclusive
7		bargaining representative has the capacity and expertise
8		to fulfill the educational and enforcement functions
9		required by this subsection and the proposed use of the
10		funds is consistent with the purposes of this Act. The
11		Secretary of State may adopt administrative rules for the
12		evaluation of requested grants and to establish the
13		criteria to determine the capacity and expertise of the
14		exclusive bargaining representative required by this
15		subsection.
16		(2) The exclusive bargaining representative shall
17		submit an annual report to the Secretary of State in a form
18		to be determined by the Secretary of State setting forth
19		how the exclusive bargaining representative has used the
20		funds received under this Section. The Secretary of State
21		shall review each annual report and certify whether the
22		exclusive bargaining representative is using the funds for
23		appropriate activities permitted by this Section. The
24		Secretary of State shall adopt administrative rules to
25		establish a process by which it may suspend or terminate
26		the payment of funds to the exclusive bargaining

HB5090 Enrolled - 45 - LRB104 20486 HLH 33958 b
1		representative based on the failure to use funds for the
2		permissible activities set forth in this subsection, the
3		failure to submit the report required by this subsection,
4		or the failure to otherwise comply with this Section. If
5		funding to the exclusive bargaining representative is not
6		granted or is suspended or terminated in any given year,
7		the exclusive bargaining representative may reapply for
8		the payment of funds in the following year.
9		(3) The payment of funds to the exclusive bargaining
10		representative shall not be subject to the provisions of
11		the Grant Accountability and Transparency Act.
12		(d)(1) The Secretary of State may issue administrative
13		subpoenas, propound interrogatories, and conduct audits of
14		covered TNCs and the exclusive bargaining representative to
15		ensure that covered TNCs comply with the payment of fees to the
16		Secretary of State required under subsection (a) and to ensure
17		that the exclusive bargaining representative complies with the
18		use of funds restrictions set forth in subsection (c). The
19		Secretary of State may use the Secretary of State Police
20		Department to conduct the audits. If necessary, the Secretary
21		of State shall certify to the Attorney General, for such
22		action as the Attorney General may deem appropriate, when the
23		responses to the subpoenas, interrogatories, and audits
24		disclose a violation of any of the provisions of this Section.
25		(2) The Secretary of State shall have the jurisdiction and
26		authority to enforce the provisions of this Section,

HB5090 Enrolled - 46 - LRB104 20486 HLH 33958 b
1		including:
2		(A) to order a covered TNC to pay the required fees to
3		the Secretary of State;
4		(B) to determine the amount of fees required to be
5		paid to the Secretary of State by a covered TNC and to
6		order the fees be paid;
7		(C) to determine any delinquency by a covered TNC in
8		the fees to be paid to the Secretary of State and to order
9		such delinquency be remedied;
10		(D) to audit the exclusive bargaining representative's
11		use of funds disbursed under subsection (b);
12		(E) to deny, suspend, or terminate funding to the
13		exclusive bargaining representative as provided under
14		subsection (c); and
15		(F) to order the recoupment of any funds used for
16		purposes not permitted under subsection (c).
17		Upon any action, finding, order, suspension, revocation,
18		or denial of one or more benefits or privileges under this
19		Section by the Secretary of State, an aggrieved party, may
20		submit a request to the Secretary of State, or the Secretary of
21		State may petition, to conduct an administrative hearing. The
22		Secretary of State shall establish by rule the procedures,
23		terms, and conditions for the administrative hearing. The
24		findings and decisions made by the Secretary as part of an
25		administrative hearing shall be subject to judicial review in
26		the Circuit Court of Sangamon or Cook County. The

HB5090 Enrolled - 47 - LRB104 20486 HLH 33958 b
1		Administrative Review Law and any rules adopted under the
2		Administrative Review Law shall apply to and govern all
3		reviewable matters.
4		Section 12. Bargaining, impasse resolution procedures, and
5		approval of sectoral agreement by the Department.
6		(a) Once the Board certifies that a TND organization is
7		the exclusive bargaining representative for the bargaining
8		unit, the Board shall notify all covered TNCs, and all covered
9		TNCs shall be required to bargain with the exclusive
10		bargaining representative concerning mandatory subjects of
11		bargaining. The covered TNCs and TND organization may bargain
12		concerning other subjects agreed to by the parties. To
13		facilitate negotiations, the covered TNCs may form an industry
14		association to negotiate on their behalf. If the covered TNCs
15		choose not to form an association, any recommended agreement
16		must be approved by (i) at least 2 industry member covered TNCs
17		and (ii) member covered TNCs representing at least 80% of the
18		market share of that industry in the State, with votes
19		determined in proportion to the number of rides completed by
20		TNDs contracting directly with the covered TNC in the 2
21		calendar quarters preceding the certification of the exclusive
22		bargaining representative.
23		(b) Each individual covered TNC shall retain exclusive
24		control over the development, maintenance, design, pricing,
25		and implementation of its product and product features,

HB5090 Enrolled - 48 - LRB104 20486 HLH 33958 b
1		software, contract terms, algorithm, and operations and areas
2		of service.
3		(c) A sectoral agreement submitted to the Department for
4		approval under subsection (i) shall address, at minimum, the
5		following subjects, each of which must be set forth separately
6		in the sectoral agreement, unless a subject is expressly
7		waived by mutual agreement of the exclusive bargaining
8		representative and the covered TNCs:
9		(1) Compensation.
10		(2) Benefits.
11		(3) Appeals process for deactivations.
12		(4) Representation of TNC drivers in deactivation
13		appeals.
14		(5) Paid leave.
15		(6) Information disclosed to TNC drivers about trips
16		on per-trip, weekly, and monthly earnings receipts and
17		summaries, and on initial ride offers.
18		(7) Grievance and arbitration procedures to resolve
19		disputes arising under the sectoral agreement.
20		(8) Safety mandates imposed by the covered TNCs that
21		require TNC drivers to purchase safety equipment or
22		purchase safety software, and safety features or protocols
23		proposed by the exclusive bargaining representative that
24		have a demonstrable purpose of reducing the risk of
25		physical assault or injury to TNC drivers. For the
26		purposes of this paragraph, "purchase" includes an

HB5090 Enrolled - 49 - LRB104 20486 HLH 33958 b
1		automatic withdrawal from TNC driver earnings.
2		(9) Labor-management committees.
3		(10) Reasonable access by the exclusive bargaining
4		representative to covered TNC-to-TNC driver communication
5		systems.
6		(11) Deduction of voluntary fees and dues from
7		payments to TNC drivers.
8		(12) Duration of the sectoral agreement, which shall
9		be between 3 and 5 years.
10		(13) Insurance coverage for occupational accidents or
11		injuries.
12		(14) Compensation or supplemental insurance for job
13		loss.
14		(15) Deactivation process requirements, including:
15		(A) written notice to drivers of specific reasons
16		for deactivation;
17		(B) a reactivation standard following a finding
18		that the driver did not violate the deactivation
19		policy or remedied any violation;
20		(C) agreed upon application of deactivation
21		policies across similarly situated drivers; and
22		(D) driver access to representation by the
23		exclusive bargaining representative in deactivation
24		proceedings.
25		(16) Earnings transparency requirements, including:
26		(A) a weekly earnings summary disclosing the total

HB5090 Enrolled - 50 - LRB104 20486 HLH 33958 b
1		fares collected from passengers, the total amount
2		earned by the driver, third-party expenses, refunds,
3		tips, and service fees charged by a TNC; and
4		(B) within 24 hours of each completed ride, an
5		itemized per-trip receipt accessible through the
6		application, disclosing the total amount paid by the
7		passenger, all fees applied to the trip, the portion
8		of the fare paid to the driver, and the tip amount, if
9		any.
10		(d) A sectoral agreement, including an agreement
11		recommended by an arbitrator under paragraph (6) of subsection
12		(h), shall not contain a provision that prevents an individual
13		covered TNC from exercising its autonomy under subsection (b).
14		(e) The negotiated sectoral agreement shall be submitted
15		by the TND organization to a vote by all TNDs who have
16		completed at least 100 trips in the previous calendar quarter.
17		Such vote shall be conducted by the TND organization pursuant
18		to procedures determined at the discretion of the TND
19		organization. If approved by a majority of TNDs who vote, the
20		sectoral agreement shall be submitted to the Department for
21		approval. If a majority of valid votes cast by the TNDs are not
22		in favor of the sectoral agreement, the TND organization and
23		the covered TNCs will resume negotiating.
24		(f) For the purposes of this Section, an impasse may be
25		deemed to exist if the covered TNCs and the exclusive
26		bargaining representative fail to achieve agreement by the end

HB5090 Enrolled - 51 - LRB104 20486 HLH 33958 b
1		of a 210-day period from the date a TND organization has been
2		certified as the exclusive bargaining representative.
3		Bargaining for a successor sectoral agreement shall begin
4		either at the request of the exclusive bargaining
5		representative or covered TNCs no more than 180 days before
6		the expiration date of the prior approved sectoral agreement.
7		In the case of bargaining for a successor sectoral agreement,
8		an impasse may be deemed to exist if the covered TNCs and the
9		exclusive bargaining representative fail to achieve agreement
10		by the end of the period of negotiations preceding the
11		expiration date of the prior approved sectoral agreement.
12		(g) Upon impasse, any of the affected covered TNCs or the
13		exclusive bargaining representative may request the Board to
14		render assistance as provided in this Section.
15		(h) Upon receiving a timely request from an exclusive
16		bargaining representative or covered TNC for commencement of
17		an impasse proceeding, the Board shall aid the parties as
18		follows:
19		(1) To assist the parties to effect a voluntary
20		resolution of the dispute, the Board shall provide the
21		parties with a list of qualified mediators as maintained
22		by the Board within 7 days after the request for
23		commencement of impasse proceedings. Within 7 days after
24		receipt of such list, the parties shall either select a
25		mediator from the Board's list or select another mutually
26		agreed mediator. Each of the affected parties (affected

HB5090 Enrolled - 52 - LRB104 20486 HLH 33958 b
1		covered TNCs and the exclusive bargaining representative)
2		shall have an equal say in the selection of the mediator
3		and each of the affected parties shall share equally the
4		cost of the mediator. If the parties fail to select a
5		mediator and notify the Board of their selection within 7
6		days after the date the Board provides the list of
7		mediators, the Board shall appoint a mediator from the
8		list. The Board shall make such an appointment and notify
9		the parties within 7 days. If the mediator is unable to
10		achieve agreement between the parties concerning an
11		appropriate resolution within 60 days after the Board has
12		provided the parties the list of mediators, any party may
13		petition the Board to refer the dispute to an arbitrator.
14		(2) Upon timely petition of either party, the Board
15		shall refer the dispute to an arbitrator as provided.
16		(3) Each of the affected parties (affected covered
17		TNCs and the exclusive bargaining representative) shall
18		have an equal say in the selection of the arbitrator and
19		each of the affected parties shall share equally the cost
20		of the arbitrator. If the parties are unable to agree upon
21		the arbitrator within 7 days after the Board notifies the
22		covered TNCs of the need to appoint an arbitrator, the
23		Board shall submit to the parties a list of qualified,
24		disinterested persons for the selection of an arbitrator.
25		A representative of each of the parties shall alternately
26		strike from the list one of the names with the order of

HB5090 Enrolled - 53 - LRB104 20486 HLH 33958 b
1		striking determined by lot, until the remaining one person
2		shall be designated as the arbitrator. Each party shall
3		select its representative for this purpose as it sees fit.
4		A party's failure to agree upon the designation of its
5		representative shall result in the failure of the striking
6		procedure, but shall not impede the Board's appointment of
7		the arbitrator upon such failure. The striking process
8		shall be completed within 5 days after receipt of the
9		Board's list. The representatives who undertake the
10		striking shall notify the Board of the designated
11		arbitrator. If the parties are unable to select the
12		arbitrator within 5 days following receipt of this list,
13		the Board shall appoint the arbitrator.
14		(4) The arbitrator shall hold hearings on all matters
15		related to the dispute, concerning mandatory subjects of
16		bargaining, and any other subject agreed to be submitted
17		by the covered TNCs and the TND organization. The parties
18		may be heard either in person, by counsel, or by other
19		representatives, as the parties may respectively
20		designate. The arbitrator shall determine the order of
21		presentation by the parties, and shall have discretion and
22		authority to decide all procedural issues that may be
23		raised.
24		(5) The parties may present, either orally or in
25		writing, or both, statements of fact, supporting witnesses
26		and other evidence, and argument of their respective

HB5090 Enrolled - 54 - LRB104 20486 HLH 33958 b
1		positions with respect to each case. The arbitrator shall
2		have authority to require the production of additional
3		evidence, either oral or written as the arbitrator may
4		desire from the parties and shall provide at the request
5		of either party that a full and complete record be kept of
6		any such hearings, the cost of such record to be borne by
7		the requesting party. If such a record is created, it
8		shall be shared with all parties regardless of which party
9		paid for it.
10		(6) The arbitrator shall make a just and reasonable
11		determination of the matters in dispute, set forth in
12		paragraph (4), and within 90 days after the arbitrator's
13		appointment shall issue a determination that shall apply
14		to all covered TNCs and the exclusive bargaining
15		representative. The time period for the arbitrator's
16		determination may be extended by the arbitrator upon good
17		cause shown, or by agreement by the parties. In arriving
18		at such determination, the arbitrator shall specify the
19		basis for the arbitrator's findings, taking into
20		consideration, in addition to any factors recommended by
21		the parties that the arbitrator finds to be consistent
22		with this Act, the following:
23		(i) whether the compensation, benefits, and
24		conditions of work of the TNDs achieve the policy
25		goals set forth in Section 2; such compensation and
26		benefits must take into account the real cost of

HB5090 Enrolled - 55 - LRB104 20486 HLH 33958 b
1		living, and may substantially exceed any statutory
2		minimum wage, and should be a sufficient amount such
3		that the TNDs do not need to rely upon any public
4		benefits;
5		(ii) whether the most efficient way to provide
6		benefits is through a portable benefits fund, and, if
7		so, how to best assess each covered TNC a portion of
8		the costs of providing those benefits;
9		(iii) the financial ability of the affected
10		covered TNCs to pay for the compensation and benefits
11		in question and the impact on the delivery of services
12		provided by the covered TNCs;
13		(iv) the establishment of a reasonable
14		deactivation appeals process that will allow TNDs a
15		reasonable expectation of uninterrupted work; and
16		(v) comparison of particularities in regard to
17		other trades or professions, including specifically,
18		hazards of work, physical qualifications, educational
19		qualifications, mental qualifications, job training,
20		and skills.
21		(i) Any sectoral agreement, whether agreed upon between
22		covered TNCs and the exclusive bargaining representative of
23		TNDs in the bargaining unit or as determined by an arbitrator,
24		under this Act shall be reviewed and approved or disapproved
25		by the Department. In deciding whether to grant approval to
26		such sectoral agreement, the Department's decision shall be

HB5090 Enrolled - 56 - LRB104 20486 HLH 33958 b
1		based on the factors specified in subsection (c) and in
2		paragraph (6) of subsection (h), and the policies set forth in
3		Section 2. Within 60 days after submission of the recommended
4		sectoral agreement, the Department shall approve or disapprove
5		the sectoral agreement. Upon approval by the Department, the
6		terms of the sectoral agreement shall be effective and
7		enforceable through the provisions of the sectoral agreement
8		and this Act. If the Department disapproves of the sectoral
9		agreement, the Department may make recommendations for
10		amendments to the sectoral agreement that would cause the
11		Department to approve the sectoral agreement. Any new terms
12		for the bargaining unit shall be set in accordance with the
13		procedures set forth in this Section.
14		(j) The exclusive bargaining representative and the
15		covered TNCs may mutually agree to recommend changes to an
16		approved sectoral agreement. Such recommended changes to an
17		approved sectoral agreement must be submitted to the
18		Department for approval or disapproval under subsection (i).
19		Section 13. Compliance with other laws.
20		(a) Notwithstanding any other law, with respect to
21		transportation network company services performed by
22		transportation network drivers for a covered TNC, the
23		obligations imposed by the Illinois Secure Choice Savings
24		Program Act, the Minimum Wage Law, the Equal Wage Act, the
25		Equal Pay Act of 2003, the Illinois Wage Payment and

HB5090 Enrolled - 57 - LRB104 20486 HLH 33958 b
1		Collection Act, the Sales Representative Act, the Prevailing
2		Wage Act, the Burial Rights Act, the One Day Rest In Seven Act,
3		the Eight Hour Work Day Act, the School Visitation Rights Act,
4		the Civil Air Patrol Leave Act, the Employee Blood and Organ
5		Donation Leave Act, the Employee Medical Contribution Act, the
6		Military Leave Act, the Family Bereavement Leave Act, the
7		Employer as Lessee Bond Act, the Child Extended Bereavement
8		Leave Act, the Family Neonatal Intensive Care Leave Act, the
9		Employee Benefit Contribution Act, the Personal Service Wage
10		Refund Act, the Earned Income Tax Credit Information Act, the
11		Day and Temporary Labor Services Act, the Victims' Economic
12		Security and Safety Act, the Domestic Workers' Bill of Rights
13		Act, the Employee Classification Act, the Illinois Fringe
14		Benefit Portability and Continuity Act, the Employee Sick
15		Leave Act, the Paid Leave for All Workers Act, the Workers'
16		Compensation Act, the Workers' Occupational Diseases Act, and
17		the Unemployment Insurance Act shall be deemed satisfied and
18		not separately enforceable if the covered TNC is, based on the
19		totality of facts and circumstances, in good-faith compliance
20		with this Act or with any sectoral agreement approved under
21		this Act.
22		(b) Compliance with this Act or with an approved sectoral
23		agreement shall not establish or give rise to a presumption of
24		an employment relationship between a TNC and a TND for any
25		purpose under State or local law.
26		(c) With respect to transportation network company

HB5090 Enrolled - 58 - LRB104 20486 HLH 33958 b
1		services performed by a transportation network driver for a
2		covered transportation network company, the benefits, earnings
3		provisions, leave, or standards in an approved sectoral
4		agreement, if any, shall be enforceable exclusively pursuant
5		to the terms of the sectoral agreement or the provisions of
6		this Act.
7		(d) This Section is inoperative 5 years after the
8		effective date of this Act, unless prior to that date a
9		sectoral agreement has been approved by the Department under
10		the Act, in which case this Section shall not be inoperative.
11		If this Section is inoperative, no claims covered by this
12		Section shall have their statutes of limitations tolled during
13		the period this Section is operative.
14		Section 14. Home rule.
15		(a) Notwithstanding any other provision of law, the
16		regulation of transportation network driver labor relations is
17		an exclusive power and function of the State. A unit of local
18		government, including a home rule unit, may not regulate
19		transportation network driver labor relations. This subsection
20		is a denial and limitation of home rule powers and functions
21		under subsection (h) of Section 6 of Article VII of the
22		Illinois Constitution.
23		(b) Upon approval of a sectoral agreement under this Act,
24		the regulation of transportation network driver earnings,
25		benefits, or other conditions of work set forth in subsection

HB5090 Enrolled - 59 - LRB104 20486 HLH 33958 b
1		(c) of Section 12 is an exclusive power and function of the
2		State. Upon approval of a sectoral agreement under this Act, a
3		unit of local government, including a home rule unit, may not
4		regulate transportation network driver earnings, benefits, or
5		other conditions of work set forth in subsection (c) of
6		Section 12, and any such existing ordinance, regulation, or
7		measure shall be preempted by the approved sectoral agreement.
8		This subsection is a denial and limitation of home rule powers
9		and functions under subsection (h) of Section 6 of Article VII
10		of the Illinois Constitution.
11		Section 15. Applicability of other labor standards. Other
12		than as established in this Act, no arbitrator's determination
13		or sectoral agreement approved by the Department shall
14		diminish or erode any minimum labor standard that would
15		otherwise apply to a TND.
16		Section 16. Rulemaking.
17		(a) The Board, the Department, and the Secretary of State
18		may make such rules as may be appropriate to effectuate the
19		purposes and provisions of this Act. In order to provide for
20		the expeditious and timely implementation of the provisions of
21		this Act, such rules may be adopted by the Board, the
22		Department, or the Secretary of State as emergency rules under
23		Section 5-45 of the Illinois Administrative Procedure Act
24		within 6 months of the effective date of this Act. The adoption

HB5090 Enrolled - 60 - LRB104 20486 HLH 33958 b
1		of those emergency rules shall be considered an emergency and
2		necessary for the public interest, safety, and welfare.
3		(b) The Board may apply, in its discretion, applicable
4		rules adopted under the Illinois Public Labor Relations Act to
5		the extent those procedures are not inconsistent with the
6		procedures specified in this Act. To effect that purpose, the
7		Board may, in its discretion, and to the extent doing so is not
8		inconsistent with the procedures specified in this Act,
9		interpret rules adopted under the Illinois Public Labor
10		Relations Act, referencing "employer" to include a
11		transportation network company, referencing "employee" to
12		include a transportation network driver, and referencing a
13		"labor organization" to include a transportation network
14		driver organization.
15		(c) The applicable rules shall establish the obligations
16		and procedures for the Board and TND organizations to protect
17		TND data from public disclosure and unauthorized use,
18		including: (i) minimization of data collected to what is
19		necessary under this Act; (ii) auditing and compliance
20		monitoring; (iii) limitations on data use; and (iv) limiting
21		the disclosure of driver personal identifying information to
22		the confidential uses necessary to effectuate this Act and not
23		for the purpose of enforcing federal immigration law or
24		providing it to an agency that primarily enforces immigration
25		law, unless the Board is provided with a lawful court order or
26		judicial warrant signed by a judge appointed pursuant to

HB5090 Enrolled - 61 - LRB104 20486 HLH 33958 b
1		Article III of the United States Constitution, a federal grand
2		jury or trial subpoena, or as otherwise required by federal
3		law.
4		Section 17. Public records. Any record furnished to the
5		Board, Department, or other State agency by a TNC under this
6		Act, including, but not limited to, TND records, are exempt
7		from disclosure under the Freedom of Information Act. The
8		records are confidential and shall not be disclosed by the
9		Board or any persons who may be authorized by the Board to
10		process the records solely for the purposes of this Act.
11		Section 18. Construction. Nothing in this Act shall be
12		construed to affect the determination under State law, whether
13		in statute or common law, of whether and under what
14		circumstances a transportation network company may be
15		considered a common carrier.
16		Section 900. The Illinois Administrative Procedure Act is
17		amended by adding Section 5-45.71 as follows:
18		(5 ILCS 100/5-45.71 new)
19		Sec. 5-45.71. Emergency rulemaking; Transportation Network
20		Driver Labor Relations Act. To provide for the expeditious and
21		timely implementation of the Transportation Network Driver
22		Labor Relations Act, emergency rules implementing the

HB5090 Enrolled - 62 - LRB104 20486 HLH 33958 b
1		Transportation Network Driver Labor Relations Act may be
2		adopted in accordance with Section 5-45 by the Illinois Labor
3		Relations Board, or the Department of Labor, or the Secretary
4		of State. The adoption of emergency rules authorized by
5		Section 5-45 and this Section is deemed to be necessary for the
6		public interest, safety, and welfare.
7		This Section is repealed one year after the effective date
8		of this amendatory Act of the 104th General Assembly.
9		Section 905. The Freedom of Information Act is amended by
10		changing Section 7.5 as follows:
11		(5 ILCS 140/7.5)
12		(Text of Section before amendment by P.A. 104-441 and
13		104-457)
14		Sec. 7.5. Statutory exemptions. To the extent provided for
15		by the statutes referenced below, the following shall be
16		exempt from inspection and copying:
17		(a) All information determined to be confidential
18		under Section 4002 of the Technology Advancement and
19		Development Act.
20		(b) Library circulation and order records identifying
21		library users with specific materials under the Library
22		Records Confidentiality Act.
23		(c) Applications, related documents, and medical
24		records received by the Experimental Organ Transplantation

HB5090 Enrolled - 63 - LRB104 20486 HLH 33958 b
1		Procedures Board and any and all documents or other
2		records prepared by the Experimental Organ Transplantation
3		Procedures Board or its staff relating to applications it
4		has received.
5		(d) Information and records held by the Department of
6		Public Health and its authorized representatives relating
7		to known or suspected cases of sexually transmitted
8		infection or any information the disclosure of which is
9		restricted under the Illinois Sexually Transmitted
10		Infection Control Act.
11		(e) Information the disclosure of which is exempted
12		under Section 30 of the Radon Industry Licensing Act.
13		(f) Firm performance evaluations under Section 55 of
14		the Architectural, Engineering, and Land Surveying
15		Qualifications Based Selection Act.
16		(g) Information the disclosure of which is restricted
17		and exempted under Section 50 of the Illinois Prepaid
18		Tuition Act.
19		(h) Information the disclosure of which is exempted
20		under the State Officials and Employees Ethics Act, and
21		records of any lawfully created State or local inspector
22		general's office that would be exempt if created or
23		obtained by an Executive Inspector General's office under
24		that Act.
25		(i) Information contained in a local emergency energy
26		plan submitted to a municipality in accordance with a

HB5090 Enrolled - 64 - LRB104 20486 HLH 33958 b
1		local emergency energy plan ordinance that is adopted
2		under Section 11-21.5-5 of the Illinois Municipal Code.
3		(j) Information and data concerning the distribution
4		of surcharge moneys collected and remitted by carriers
5		under the Emergency Telephone System Act.
6		(k) Law enforcement officer identification information
7		or driver identification information compiled by a law
8		enforcement agency or the Department of Transportation
9		under Section 11-212 of the Illinois Vehicle Code.
10		(l) Records and information provided to a residential
11		health care facility resident sexual assault and death
12		review team or the Executive Council under the Abuse
13		Prevention Review Team Act.
14		(m) Information provided to the predatory lending
15		database created pursuant to Article 3 of the Residential
16		Real Property Disclosure Act, except to the extent
17		authorized under that Article.
18		(n) Defense budgets and petitions for certification of
19		compensation and expenses for court appointed trial
20		counsel as provided under Sections 10 and 15 of the
21		Capital Crimes Litigation Act (repealed). This subsection
22		(n) shall apply until the conclusion of the trial of the
23		case, even if the prosecution chooses not to pursue the
24		death penalty prior to trial or sentencing.
25		(o) Information that is prohibited from being
26		disclosed under Section 4 of the Illinois Health and

HB5090 Enrolled - 65 - LRB104 20486 HLH 33958 b
1		Hazardous Substances Registry Act.
2		(p) Security portions of system safety program plans,
3		investigation reports, surveys, schedules, lists, data, or
4		information compiled, collected, or prepared by or for the
5		Department of Transportation under Sections 2705-300 and
6		2705-616 of the Department of Transportation Law of the
7		Civil Administrative Code of Illinois, the Regional
8		Transportation Authority under Section 2.11 of the
9		Regional Transportation Authority Act, or the St. Clair
10		County Transit District under the Bi-State Transit Safety
11		Act (repealed).
12		(q) Information prohibited from being disclosed by the
13		Personnel Record Review Act.
14		(r) Information prohibited from being disclosed by the
15		Illinois School Student Records Act.
16		(s) Information the disclosure of which is restricted
17		under Section 5-108 of the Public Utilities Act.
18		(t) (Blank).
19		(u) Records and information provided to an independent
20		team of experts under the Developmental Disability and
21		Mental Health Safety Act (also known as Brian's Law).
22		(v) Names and information of people who have applied
23		for or received Firearm Owner's Identification Cards under
24		the Firearm Owners Identification Card Act or applied for
25		or received a concealed carry license under the Firearm
26		Concealed Carry Act, unless otherwise authorized by the

HB5090 Enrolled - 66 - LRB104 20486 HLH 33958 b
1		Firearm Concealed Carry Act; and databases under the
2		Firearm Concealed Carry Act, records of the Concealed
3		Carry Licensing Review Board under the Firearm Concealed
4		Carry Act, and law enforcement agency objections under the
5		Firearm Concealed Carry Act.
6		(v-5) Records of the Firearm Owner's Identification
7		Card Review Board that are exempted from disclosure under
8		Section 10 of the Firearm Owners Identification Card Act.
9		(w) Personally identifiable information which is
10		exempted from disclosure under subsection (g) of Section
11		19.1 of the Toll Highway Act.
12		(x) Information which is exempted from disclosure
13		under Section 5-1014.3 of the Counties Code or Section
14		8-11-21 of the Illinois Municipal Code.
15		(y) Confidential information under the Adult
16		Protective Services Act and its predecessor enabling
17		statute, the Elder Abuse and Neglect Act, including
18		information about the identity and administrative finding
19		against any caregiver of a verified and substantiated
20		decision of abuse, neglect, or financial exploitation of
21		an eligible adult maintained in the Registry established
22		under Section 7.5 of the Adult Protective Services Act.
23		(z) Records and information provided to a fatality
24		review team or the Illinois Fatality Review Team Advisory
25		Council under Section 15 of the Adult Protective Services
26		Act.

HB5090 Enrolled - 67 - LRB104 20486 HLH 33958 b
1		(aa) Information which is exempted from disclosure
2		under Section 2.37 of the Wildlife Code.
3		(bb) Information which is or was prohibited from
4		disclosure by the Juvenile Court Act of 1987.
5		(cc) Recordings made under the Law Enforcement
6		Officer-Worn Body Camera Act, except to the extent
7		authorized under that Act.
8		(dd) Information that is prohibited from being
9		disclosed under Section 45 of the Condominium and Common
10		Interest Community Ombudsperson Act.
11		(ee) Information that is exempted from disclosure
12		under Section 30.1 of the Pharmacy Practice Act.
13		(ff) Information that is exempted from disclosure
14		under the Revised Uniform Unclaimed Property Act.
15		(gg) Information that is prohibited from being
16		disclosed under Section 7-603.5 of the Illinois Vehicle
17		Code.
18		(hh) Records that are exempt from disclosure under
19		Section 1A-16.7 of the Election Code.
20		(ii) Information which is exempted from disclosure
21		under Section 2505-800 of the Department of Revenue Law of
22		the Civil Administrative Code of Illinois.
23		(jj) Information and reports that are required to be
24		submitted to the Department of Labor by registering day
25		and temporary labor service agencies but are exempt from
26		disclosure under subsection (a-1) of Section 45 of the Day

HB5090 Enrolled - 68 - LRB104 20486 HLH 33958 b
1		and Temporary Labor Services Act.
2		(kk) Information prohibited from disclosure under the
3		Seizure and Forfeiture Reporting Act.
4		(ll) Information the disclosure of which is restricted
5		and exempted under Section 5-30.8 of the Illinois Public
6		Aid Code.
7		(mm) Records that are exempt from disclosure under
8		Section 4.2 of the Crime Victims Compensation Act.
9		(nn) Information that is exempt from disclosure under
10		Section 70 of the Higher Education Student Assistance Act.
11		(oo) Communications, notes, records, and reports
12		arising out of a peer support counseling session
13		prohibited from disclosure under the First Responders
14		Suicide Prevention Act.
15		(pp) Names and all identifying information relating to
16		an employee of an emergency services provider or law
17		enforcement agency under the First Responders Suicide
18		Prevention Act.
19		(qq) Information and records held by the Department of
20		Public Health and its authorized representatives collected
21		under the Reproductive Health Act.
22		(rr) Information that is exempt from disclosure under
23		the Cannabis Regulation and Tax Act.
24		(ss) Data reported by an employer to the Department of
25		Human Rights pursuant to Section 2-108 of the Illinois
26		Human Rights Act.

HB5090 Enrolled - 69 - LRB104 20486 HLH 33958 b
1		(tt) Recordings made under the Children's Advocacy
2		Center Act, except to the extent authorized under that
3		Act.
4		(uu) Information that is exempt from disclosure under
5		Section 50 of the Sexual Assault Evidence Submission Act.
6		(vv) Information that is exempt from disclosure under
7		subsections (f) and (j) of Section 5-36 of the Illinois
8		Public Aid Code.
9		(ww) Information that is exempt from disclosure under
10		Section 16.8 of the State Treasurer Act.
11		(xx) Information that is exempt from disclosure or
12		information that shall not be made public under the
13		Illinois Insurance Code.
14		(yy) Information prohibited from being disclosed under
15		the Illinois Educational Labor Relations Act.
16		(zz) Information prohibited from being disclosed under
17		the Illinois Public Labor Relations Act.
18		(aaa) Information prohibited from being disclosed
19		under Section 1-167 of the Illinois Pension Code.
20		(bbb) Information that is prohibited from disclosure
21		by the Illinois Police Training Act and the Illinois State
22		Police Act.
23		(ccc) Records exempt from disclosure under Section
24		2605-304 of the Illinois State Police Law of the Civil
25		Administrative Code of Illinois.
26		(ddd) Information prohibited from being disclosed

HB5090 Enrolled - 70 - LRB104 20486 HLH 33958 b
1		under Section 35 of the Address Confidentiality for
2		Victims of Domestic Violence, Sexual Assault, Human
3		Trafficking, or Stalking Act.
4		(eee) Information prohibited from being disclosed
5		under subsection (b) of Section 75 of the Domestic
6		Violence Fatality Review Act.
7		(fff) Images from cameras under the Expressway Camera
8		Act and all automated license plate reader (ALPR)
9		information used and collected by the Illinois State
10		Police. "ALPR information" means information gathered by
11		an ALPR or created from the analysis of data generated by
12		an ALPR. This subsection (fff) is inoperative on and after
13		July 1, 2028.
14		(ggg) Information prohibited from disclosure under
15		paragraph (3) of subsection (a) of Section 14 of the Nurse
16		Agency Licensing Act.
17		(hhh) Information submitted to the Illinois State
18		Police in an affidavit or application for an assault
19		weapon endorsement, assault weapon attachment endorsement,
20		.50 caliber rifle endorsement, or .50 caliber cartridge
21		endorsement under the Firearm Owners Identification Card
22		Act.
23		(iii) Data exempt from disclosure under Section 50 of
24		the School Safety Drill Act.
25		(jjj) Information exempt from disclosure under Section
26		30 of the Insurance Data Security Law.

HB5090 Enrolled - 71 - LRB104 20486 HLH 33958 b
1		(kkk) Confidential business information prohibited
2		from disclosure under Section 45 of the Paint Stewardship
3		Act.
4		(lll) Data exempt from disclosure under Section
5		2-3.196 of the School Code.
6		(mmm) Information prohibited from being disclosed
7		under subsection (e) of Section 1-129 of the Illinois
8		Power Agency Act.
9		(nnn) Materials received by the Department of Commerce
10		and Economic Opportunity that are confidential under the
11		Music and Musicians Tax Credit and Jobs Act.
12		(ooo) Data or information provided pursuant to Section
13		20 of the Statewide Recycling Needs and Assessment Act.
14		(ppp) Information that is exempt from disclosure under
15		Section 28-11 of the Lawful Health Care Activity Act.
16		(qqq) Information that is exempt from disclosure under
17		Section 7-101 of the Illinois Human Rights Act.
18		(rrr) Information prohibited from being disclosed
19		under Section 4-2 of the Uniform Money Transmission
20		Modernization Act.
21		(sss) Information exempt from disclosure under Section
22		40 of the Student-Athlete Endorsement Rights Act.
23		(ttt) Audio recordings made under Section 30 of the
24		Illinois State Police Act, except to the extent authorized
25		under that Section.
26		(uuu) Information prohibited from being disclosed

HB5090 Enrolled - 72 - LRB104 20486 HLH 33958 b
1		under Section 30-5 of the Digital Assets Regulation Act.
2		(www) Information prohibited or exempt from being
3		disclosed under the Transportation Network Driver Labor
4		Relations Act.
5		(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
6		103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
7		8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
8		eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
9		103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
10		8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
11		eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
12		104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
13		9-10-25.)
14		(Text of Section after amendment by P.A. 104-457 but
15		before 104-441)
16		Sec. 7.5. Statutory exemptions. To the extent provided for
17		by the statutes referenced below, the following shall be
18		exempt from inspection and copying:
19		(a) All information determined to be confidential
20		under Section 4002 of the Technology Advancement and
21		Development Act.
22		(b) Library circulation and order records identifying
23		library users with specific materials under the Library
24		Records Confidentiality Act.
25		(c) Applications, related documents, and medical

HB5090 Enrolled - 73 - LRB104 20486 HLH 33958 b
1		records received by the Experimental Organ Transplantation
2		Procedures Board and any and all documents or other
3		records prepared by the Experimental Organ Transplantation
4		Procedures Board or its staff relating to applications it
5		has received.
6		(d) Information and records held by the Department of
7		Public Health and its authorized representatives relating
8		to known or suspected cases of sexually transmitted
9		infection or any information the disclosure of which is
10		restricted under the Illinois Sexually Transmitted
11		Infection Control Act.
12		(e) Information the disclosure of which is exempted
13		under Section 30 of the Radon Industry Licensing Act.
14		(f) Firm performance evaluations under Section 55 of
15		the Architectural, Engineering, and Land Surveying
16		Qualifications Based Selection Act.
17		(g) Information the disclosure of which is restricted
18		and exempted under Section 50 of the Illinois Prepaid
19		Tuition Act.
20		(h) Information the disclosure of which is exempted
21		under the State Officials and Employees Ethics Act, and
22		records of any lawfully created State or local inspector
23		general's office that would be exempt if created or
24		obtained by an Executive Inspector General's office under
25		that Act.
26		(i) Information contained in a local emergency energy

HB5090 Enrolled - 74 - LRB104 20486 HLH 33958 b
1		plan submitted to a municipality in accordance with a
2		local emergency energy plan ordinance that is adopted
3		under Section 11-21.5-5 of the Illinois Municipal Code.
4		(j) Information and data concerning the distribution
5		of surcharge moneys collected and remitted by carriers
6		under the Emergency Telephone System Act.
7		(k) Law enforcement officer identification information
8		or driver identification information compiled by a law
9		enforcement agency or the Department of Transportation
10		under Section 11-212 of the Illinois Vehicle Code.
11		(l) Records and information provided to a residential
12		health care facility resident sexual assault and death
13		review team or the Executive Council under the Abuse
14		Prevention Review Team Act.
15		(m) Information provided to the predatory lending
16		database created pursuant to Article 3 of the Residential
17		Real Property Disclosure Act, except to the extent
18		authorized under that Article.
19		(n) Defense budgets and petitions for certification of
20		compensation and expenses for court appointed trial
21		counsel as provided under Sections 10 and 15 of the
22		Capital Crimes Litigation Act (repealed). This subsection
23		(n) shall apply until the conclusion of the trial of the
24		case, even if the prosecution chooses not to pursue the
25		death penalty prior to trial or sentencing.
26		(o) Information that is prohibited from being

HB5090 Enrolled - 75 - LRB104 20486 HLH 33958 b
1		disclosed under Section 4 of the Illinois Health and
2		Hazardous Substances Registry Act.
3		(p) Security portions of system safety program plans,
4		investigation reports, surveys, schedules, lists, data, or
5		information compiled, collected, or prepared by or for the
6		Department of Transportation under Sections 2705-300 and
7		2705-616 of the Department of Transportation Law of the
8		Civil Administrative Code of Illinois, the Northern
9		Illinois Transit Authority under Section 2.11 of the
10		Northern Illinois Transit Authority Act, or the St. Clair
11		County Transit District under the Bi-State Transit Safety
12		Act (repealed).
13		(q) Information prohibited from being disclosed by the
14		Personnel Record Review Act.
15		(r) Information prohibited from being disclosed by the
16		Illinois School Student Records Act.
17		(s) Information the disclosure of which is restricted
18		under Section 5-108 of the Public Utilities Act.
19		(t) (Blank).
20		(u) Records and information provided to an independent
21		team of experts under the Developmental Disability and
22		Mental Health Safety Act (also known as Brian's Law).
23		(v) Names and information of people who have applied
24		for or received Firearm Owner's Identification Cards under
25		the Firearm Owners Identification Card Act or applied for
26		or received a concealed carry license under the Firearm

HB5090 Enrolled - 76 - LRB104 20486 HLH 33958 b
1		Concealed Carry Act, unless otherwise authorized by the
2		Firearm Concealed Carry Act; and databases under the
3		Firearm Concealed Carry Act, records of the Concealed
4		Carry Licensing Review Board under the Firearm Concealed
5		Carry Act, and law enforcement agency objections under the
6		Firearm Concealed Carry Act.
7		(v-5) Records of the Firearm Owner's Identification
8		Card Review Board that are exempted from disclosure under
9		Section 10 of the Firearm Owners Identification Card Act.
10		(w) Personally identifiable information which is
11		exempted from disclosure under subsection (g) of Section
12		19.1 of the Toll Highway Act.
13		(x) Information which is exempted from disclosure
14		under Section 5-1014.3 of the Counties Code or Section
15		8-11-21 of the Illinois Municipal Code.
16		(y) Confidential information under the Adult
17		Protective Services Act and its predecessor enabling
18		statute, the Elder Abuse and Neglect Act, including
19		information about the identity and administrative finding
20		against any caregiver of a verified and substantiated
21		decision of abuse, neglect, or financial exploitation of
22		an eligible adult maintained in the Registry established
23		under Section 7.5 of the Adult Protective Services Act.
24		(z) Records and information provided to a fatality
25		review team or the Illinois Fatality Review Team Advisory
26		Council under Section 15 of the Adult Protective Services

HB5090 Enrolled - 77 - LRB104 20486 HLH 33958 b
1		Act.
2		(aa) Information which is exempted from disclosure
3		under Section 2.37 of the Wildlife Code.
4		(bb) Information which is or was prohibited from
5		disclosure by the Juvenile Court Act of 1987.
6		(cc) Recordings made under the Law Enforcement
7		Officer-Worn Body Camera Act, except to the extent
8		authorized under that Act.
9		(dd) Information that is prohibited from being
10		disclosed under Section 45 of the Condominium and Common
11		Interest Community Ombudsperson Act.
12		(ee) Information that is exempted from disclosure
13		under Section 30.1 of the Pharmacy Practice Act.
14		(ff) Information that is exempted from disclosure
15		under the Revised Uniform Unclaimed Property Act.
16		(gg) Information that is prohibited from being
17		disclosed under Section 7-603.5 of the Illinois Vehicle
18		Code.
19		(hh) Records that are exempt from disclosure under
20		Section 1A-16.7 of the Election Code.
21		(ii) Information which is exempted from disclosure
22		under Section 2505-800 of the Department of Revenue Law of
23		the Civil Administrative Code of Illinois.
24		(jj) Information and reports that are required to be
25		submitted to the Department of Labor by registering day
26		and temporary labor service agencies but are exempt from

HB5090 Enrolled - 78 - LRB104 20486 HLH 33958 b
1		disclosure under subsection (a-1) of Section 45 of the Day
2		and Temporary Labor Services Act.
3		(kk) Information prohibited from disclosure under the
4		Seizure and Forfeiture Reporting Act.
5		(ll) Information the disclosure of which is restricted
6		and exempted under Section 5-30.8 of the Illinois Public
7		Aid Code.
8		(mm) Records that are exempt from disclosure under
9		Section 4.2 of the Crime Victims Compensation Act.
10		(nn) Information that is exempt from disclosure under
11		Section 70 of the Higher Education Student Assistance Act.
12		(oo) Communications, notes, records, and reports
13		arising out of a peer support counseling session
14		prohibited from disclosure under the First Responders
15		Suicide Prevention Act.
16		(pp) Names and all identifying information relating to
17		an employee of an emergency services provider or law
18		enforcement agency under the First Responders Suicide
19		Prevention Act.
20		(qq) Information and records held by the Department of
21		Public Health and its authorized representatives collected
22		under the Reproductive Health Act.
23		(rr) Information that is exempt from disclosure under
24		the Cannabis Regulation and Tax Act.
25		(ss) Data reported by an employer to the Department of
26		Human Rights pursuant to Section 2-108 of the Illinois

HB5090 Enrolled - 79 - LRB104 20486 HLH 33958 b
1		Human Rights Act.
2		(tt) Recordings made under the Children's Advocacy
3		Center Act, except to the extent authorized under that
4		Act.
5		(uu) Information that is exempt from disclosure under
6		Section 50 of the Sexual Assault Evidence Submission Act.
7		(vv) Information that is exempt from disclosure under
8		subsections (f) and (j) of Section 5-36 of the Illinois
9		Public Aid Code.
10		(ww) Information that is exempt from disclosure under
11		Section 16.8 of the State Treasurer Act.
12		(xx) Information that is exempt from disclosure or
13		information that shall not be made public under the
14		Illinois Insurance Code.
15		(yy) Information prohibited from being disclosed under
16		the Illinois Educational Labor Relations Act.
17		(zz) Information prohibited from being disclosed under
18		the Illinois Public Labor Relations Act.
19		(aaa) Information prohibited from being disclosed
20		under Section 1-167 of the Illinois Pension Code.
21		(bbb) Information that is prohibited from disclosure
22		by the Illinois Police Training Act and the Illinois State
23		Police Act.
24		(ccc) Records exempt from disclosure under Section
25		2605-304 of the Illinois State Police Law of the Civil
26		Administrative Code of Illinois.

HB5090 Enrolled - 80 - LRB104 20486 HLH 33958 b
1		(ddd) Information prohibited from being disclosed
2		under Section 35 of the Address Confidentiality for
3		Victims of Domestic Violence, Sexual Assault, Human
4		Trafficking, or Stalking Act.
5		(eee) Information prohibited from being disclosed
6		under subsection (b) of Section 75 of the Domestic
7		Violence Fatality Review Act.
8		(fff) Images from cameras under the Expressway Camera
9		Act and all automated license plate reader (ALPR)
10		information used and collected by the Illinois State
11		Police. "ALPR information" means information gathered by
12		an ALPR or created from the analysis of data generated by
13		an ALPR. This subsection (fff) is inoperative on and after
14		July 1, 2028.
15		(ggg) Information prohibited from disclosure under
16		paragraph (3) of subsection (a) of Section 14 of the Nurse
17		Agency Licensing Act.
18		(hhh) Information submitted to the Illinois State
19		Police in an affidavit or application for an assault
20		weapon endorsement, assault weapon attachment endorsement,
21		.50 caliber rifle endorsement, or .50 caliber cartridge
22		endorsement under the Firearm Owners Identification Card
23		Act.
24		(iii) Data exempt from disclosure under Section 50 of
25		the School Safety Drill Act.
26		(jjj) Information exempt from disclosure under Section

HB5090 Enrolled - 81 - LRB104 20486 HLH 33958 b
1		30 of the Insurance Data Security Law.
2		(kkk) Confidential business information prohibited
3		from disclosure under Section 45 of the Paint Stewardship
4		Act.
5		(lll) Data exempt from disclosure under Section
6		2-3.196 of the School Code.
7		(mmm) Information prohibited from being disclosed
8		under subsection (e) of Section 1-129 of the Illinois
9		Power Agency Act.
10		(nnn) Materials received by the Department of Commerce
11		and Economic Opportunity that are confidential under the
12		Music and Musicians Tax Credit and Jobs Act.
13		(ooo) Data or information provided pursuant to Section
14		20 of the Statewide Recycling Needs and Assessment Act.
15		(ppp) Information that is exempt from disclosure under
16		Section 28-11 of the Lawful Health Care Activity Act.
17		(qqq) Information that is exempt from disclosure under
18		Section 7-101 of the Illinois Human Rights Act.
19		(rrr) Information prohibited from being disclosed
20		under Section 4-2 of the Uniform Money Transmission
21		Modernization Act.
22		(sss) Information exempt from disclosure under Section
23		40 of the Student-Athlete Endorsement Rights Act.
24		(ttt) Audio recordings made under Section 30 of the
25		Illinois State Police Act, except to the extent authorized
26		under that Section.

HB5090 Enrolled - 82 - LRB104 20486 HLH 33958 b
1		(uuu) Information prohibited from being disclosed
2		under Section 30-5 of the Digital Assets Regulation Act.
3		(www) Information prohibited or exempt from being
4		disclosed under the Transportation Network Driver Labor
5		Relations Act.
6		(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
7		103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
8		8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
9		eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
10		103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
11		8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
12		eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
13		104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
14		6-1-26; revised 1-7-26.)
15		(Text of Section after amendment by P.A. 104-441)
16		Sec. 7.5. Statutory exemptions. To the extent provided for
17		by the statutes referenced below, the following shall be
18		exempt from inspection and copying:
19		(a) All information determined to be confidential
20		under Section 4002 of the Technology Advancement and
21		Development Act.
22		(b) Library circulation and order records identifying
23		library users with specific materials under the Library
24		Records Confidentiality Act.
25		(c) Applications, related documents, and medical

HB5090 Enrolled - 83 - LRB104 20486 HLH 33958 b
1		records received by the Experimental Organ Transplantation
2		Procedures Board and any and all documents or other
3		records prepared by the Experimental Organ Transplantation
4		Procedures Board or its staff relating to applications it
5		has received.
6		(d) Information and records held by the Department of
7		Public Health and its authorized representatives relating
8		to known or suspected cases of sexually transmitted
9		infection or any information the disclosure of which is
10		restricted under the Illinois Sexually Transmitted
11		Infection Control Act.
12		(e) Information the disclosure of which is exempted
13		under Section 30 of the Radon Industry Licensing Act.
14		(f) Firm performance evaluations under Section 55 of
15		the Architectural, Engineering, and Land Surveying
16		Qualifications Based Selection Act.
17		(g) Information the disclosure of which is restricted
18		and exempted under Section 50 of the Illinois Prepaid
19		Tuition Act.
20		(h) Information the disclosure of which is exempted
21		under the State Officials and Employees Ethics Act, and
22		records of any lawfully created State or local inspector
23		general's office that would be exempt if created or
24		obtained by an Executive Inspector General's office under
25		that Act.
26		(i) Information contained in a local emergency energy

HB5090 Enrolled - 84 - LRB104 20486 HLH 33958 b
1		plan submitted to a municipality in accordance with a
2		local emergency energy plan ordinance that is adopted
3		under Section 11-21.5-5 of the Illinois Municipal Code.
4		(j) Information and data concerning the distribution
5		of surcharge moneys collected and remitted by carriers
6		under the Emergency Telephone System Act.
7		(k) Law enforcement officer identification information
8		or driver identification information compiled by a law
9		enforcement agency or the Department of Transportation
10		under Section 11-212 of the Illinois Vehicle Code.
11		(l) Records and information provided to a residential
12		health care facility resident sexual assault and death
13		review team or the Executive Council under the Abuse
14		Prevention Review Team Act.
15		(m) Information provided to the predatory lending
16		database created pursuant to Article 3 of the Residential
17		Real Property Disclosure Act, except to the extent
18		authorized under that Article.
19		(n) Defense budgets and petitions for certification of
20		compensation and expenses for court appointed trial
21		counsel as provided under Sections 10 and 15 of the
22		Capital Crimes Litigation Act (repealed). This subsection
23		(n) shall apply until the conclusion of the trial of the
24		case, even if the prosecution chooses not to pursue the
25		death penalty prior to trial or sentencing.
26		(o) Information that is prohibited from being

HB5090 Enrolled - 85 - LRB104 20486 HLH 33958 b
1		disclosed under Section 4 of the Illinois Health and
2		Hazardous Substances Registry Act.
3		(p) Security portions of system safety program plans,
4		investigation reports, surveys, schedules, lists, data, or
5		information compiled, collected, or prepared by or for the
6		Department of Transportation under Sections 2705-300 and
7		2705-616 of the Department of Transportation Law of the
8		Civil Administrative Code of Illinois, the Northern
9		Illinois Transit Authority under Section 2.11 of the
10		Northern Illinois Transit Authority Act, or the St. Clair
11		County Transit District under the Bi-State Transit Safety
12		Act (repealed).
13		(q) Information prohibited from being disclosed by the
14		Personnel Record Review Act.
15		(r) Information prohibited from being disclosed by the
16		Illinois School Student Records Act.
17		(s) Information the disclosure of which is restricted
18		under Section 5-108 of the Public Utilities Act.
19		(t) (Blank).
20		(u) Records and information provided to an independent
21		team of experts under the Developmental Disability and
22		Mental Health Safety Act (also known as Brian's Law).
23		(v) Names and information of people who have applied
24		for or received Firearm Owner's Identification Cards under
25		the Firearm Owners Identification Card Act or applied for
26		or received a concealed carry license under the Firearm

HB5090 Enrolled - 86 - LRB104 20486 HLH 33958 b
1		Concealed Carry Act, unless otherwise authorized by the
2		Firearm Concealed Carry Act; and databases under the
3		Firearm Concealed Carry Act, records of the Concealed
4		Carry Licensing Review Board under the Firearm Concealed
5		Carry Act, and law enforcement agency objections under the
6		Firearm Concealed Carry Act.
7		(v-5) Records of the Firearm Owner's Identification
8		Card Review Board that are exempted from disclosure under
9		Section 10 of the Firearm Owners Identification Card Act.
10		(w) Personally identifiable information which is
11		exempted from disclosure under subsection (g) of Section
12		19.1 of the Toll Highway Act.
13		(x) Information which is exempted from disclosure
14		under Section 5-1014.3 of the Counties Code or Section
15		8-11-21 of the Illinois Municipal Code.
16		(y) Confidential information under the Adult
17		Protective Services Act and its predecessor enabling
18		statute, the Elder Abuse and Neglect Act, including
19		information about the identity and administrative finding
20		against any caregiver of a verified and substantiated
21		decision of abuse, neglect, or financial exploitation of
22		an eligible adult maintained in the Registry established
23		under Section 7.5 of the Adult Protective Services Act.
24		(z) Records and information provided to a fatality
25		review team or the Illinois Fatality Review Team Advisory
26		Council under Section 15 of the Adult Protective Services

HB5090 Enrolled - 87 - LRB104 20486 HLH 33958 b
1		Act.
2		(aa) Information which is exempted from disclosure
3		under Section 2.37 of the Wildlife Code.
4		(bb) Information which is or was prohibited from
5		disclosure by the Juvenile Court Act of 1987.
6		(cc) Recordings made under the Law Enforcement
7		Officer-Worn Body Camera Act, except to the extent
8		authorized under that Act.
9		(dd) Information that is prohibited from being
10		disclosed under Section 45 of the Condominium and Common
11		Interest Community Ombudsperson Act.
12		(ee) Information that is exempted from disclosure
13		under Section 30.1 of the Pharmacy Practice Act.
14		(ff) Information that is exempted from disclosure
15		under the Revised Uniform Unclaimed Property Act.
16		(gg) Information that is prohibited from being
17		disclosed under Section 7-603.5 of the Illinois Vehicle
18		Code.
19		(hh) Records that are exempt from disclosure under
20		Section 1A-16.7 of the Election Code.
21		(ii) Information which is exempted from disclosure
22		under Section 2505-800 of the Department of Revenue Law of
23		the Civil Administrative Code of Illinois.
24		(jj) Information and reports that are required to be
25		submitted to the Department of Labor by registering day
26		and temporary labor service agencies but are exempt from

HB5090 Enrolled - 88 - LRB104 20486 HLH 33958 b
1		disclosure under subsection (a-1) of Section 45 of the Day
2		and Temporary Labor Services Act.
3		(kk) Information prohibited from disclosure under the
4		Seizure and Forfeiture Reporting Act.
5		(ll) Information the disclosure of which is restricted
6		and exempted under Section 5-30.8 of the Illinois Public
7		Aid Code.
8		(mm) Records that are exempt from disclosure under
9		Section 4.2 of the Crime Victims Compensation Act.
10		(nn) Information that is exempt from disclosure under
11		Section 70 of the Higher Education Student Assistance Act.
12		(oo) Communications, notes, records, and reports
13		arising out of a peer support counseling session
14		prohibited from disclosure under the First Responders
15		Suicide Prevention Act.
16		(pp) Names and all identifying information relating to
17		an employee of an emergency services provider or law
18		enforcement agency under the First Responders Suicide
19		Prevention Act.
20		(qq) Information and records held by the Department of
21		Public Health and its authorized representatives collected
22		under the Reproductive Health Act.
23		(rr) Information that is exempt from disclosure under
24		the Cannabis Regulation and Tax Act.
25		(ss) Data reported by an employer to the Department of
26		Human Rights pursuant to Section 2-108 of the Illinois

HB5090 Enrolled - 89 - LRB104 20486 HLH 33958 b
1		Human Rights Act.
2		(tt) Recordings made under the Children's Advocacy
3		Center Act, except to the extent authorized under that
4		Act.
5		(uu) Information that is exempt from disclosure under
6		Section 50 of the Sexual Assault Evidence Submission Act.
7		(vv) Information that is exempt from disclosure under
8		subsections (f) and (j) of Section 5-36 of the Illinois
9		Public Aid Code.
10		(ww) Information that is exempt from disclosure under
11		Section 16.8 of the State Treasurer Act.
12		(xx) Information that is exempt from disclosure or
13		information that shall not be made public under the
14		Illinois Insurance Code.
15		(yy) Information prohibited from being disclosed under
16		the Illinois Educational Labor Relations Act.
17		(zz) Information prohibited from being disclosed under
18		the Illinois Public Labor Relations Act.
19		(aaa) Information prohibited from being disclosed
20		under Section 1-167 of the Illinois Pension Code.
21		(bbb) Information that is prohibited from disclosure
22		by the Illinois Police Training Act and the Illinois State
23		Police Act.
24		(ccc) Records exempt from disclosure under Section
25		2605-304 of the Illinois State Police Law of the Civil
26		Administrative Code of Illinois.

HB5090 Enrolled - 90 - LRB104 20486 HLH 33958 b
1		(ddd) Information prohibited from being disclosed
2		under Section 35 of the Address Confidentiality for
3		Victims of Domestic Violence, Sexual Assault, Human
4		Trafficking, or Stalking Act.
5		(eee) Information prohibited from being disclosed
6		under subsection (b) of Section 75 of the Domestic
7		Violence Fatality Review Act.
8		(fff) Images from cameras under the Expressway Camera
9		Act and all automated license plate reader (ALPR)
10		information used and collected by the Illinois State
11		Police. "ALPR information" means information gathered by
12		an ALPR or created from the analysis of data generated by
13		an ALPR. This subsection (fff) is inoperative on and after
14		July 1, 2028.
15		(ggg) Information prohibited from disclosure under
16		paragraph (3) of subsection (a) of Section 14 of the Nurse
17		Agency Licensing Act.
18		(hhh) Information submitted to the Illinois State
19		Police in an affidavit or application for an assault
20		weapon endorsement, assault weapon attachment endorsement,
21		.50 caliber rifle endorsement, or .50 caliber cartridge
22		endorsement under the Firearm Owners Identification Card
23		Act.
24		(iii) Data exempt from disclosure under Section 50 of
25		the School Safety Drill Act.
26		(jjj) Information exempt from disclosure under Section

HB5090 Enrolled - 91 - LRB104 20486 HLH 33958 b
1		30 of the Insurance Data Security Law.
2		(kkk) Confidential business information prohibited
3		from disclosure under Section 45 of the Paint Stewardship
4		Act.
5		(lll) Data exempt from disclosure under Section
6		2-3.196 of the School Code.
7		(mmm) Information prohibited from being disclosed
8		under subsection (e) of Section 1-129 of the Illinois
9		Power Agency Act.
10		(nnn) Materials received by the Department of Commerce
11		and Economic Opportunity that are confidential under the
12		Music and Musicians Tax Credit and Jobs Act.
13		(ooo) Data or information provided pursuant to Section
14		20 of the Statewide Recycling Needs and Assessment Act.
15		(ppp) Information that is exempt from disclosure under
16		Section 28-11 of the Lawful Health Care Activity Act.
17		(qqq) Information that is exempt from disclosure under
18		Section 7-101 of the Illinois Human Rights Act.
19		(rrr) Information prohibited from being disclosed
20		under Section 4-2 of the Uniform Money Transmission
21		Modernization Act.
22		(sss) Information exempt from disclosure under Section
23		40 of the Student-Athlete Endorsement Rights Act.
24		(ttt) Audio recordings made under Section 30 of the
25		Illinois State Police Act, except to the extent authorized
26		under that Section.

HB5090 Enrolled - 92 - LRB104 20486 HLH 33958 b
1		(uuu) Information prohibited from being disclosed
2		under Section 30-5 of the Digital Assets Regulation Act.
3		(vvv) (uuu) Information exempt from disclosure under
4		Section 70 of the End-of-Life Options for Terminally Ill
5		Patients Act.
6		(www) Information prohibited or exempt from being
7		disclosed under the Transportation Network Driver Labor
8		Relations Act.
9		(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
10		103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
11		8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
12		eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
13		103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
14		8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
15		eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
16		104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
17		9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
18		Section 908. The Illinois Procurement Code is amended by
19		changing Section 1-10 as follows:
20		(30 ILCS 500/1-10)
21		(Text of Section before amendment by P.A. 104-458)
22		Sec. 1-10. Application.
23		(a) This Code applies only to procurements for which
24		bidders, offerors, potential contractors, or contractors were

HB5090 Enrolled - 93 - LRB104 20486 HLH 33958 b
1		first solicited on or after July 1, 1998. This Code shall not
2		be construed to affect or impair any contract, or any
3		provision of a contract, entered into based on a solicitation
4		prior to the implementation date of this Code as described in
5		Article 99, including, but not limited to, any covenant
6		entered into with respect to any revenue bonds or similar
7		instruments. All procurements for which contracts are
8		solicited between the effective date of Articles 50 and 99 and
9		July 1, 1998 shall be substantially in accordance with this
10		Code and its intent.
11		(b) This Code shall apply regardless of the source of the
12		funds with which the contracts are paid, including federal
13		assistance moneys. This Code shall not apply to:
14		(1) Contracts between the State and its political
15		subdivisions or other governments, or between State
16		governmental bodies, except as specifically provided in
17		this Code.
18		(2) Grants, except for the filing requirements of
19		Section 20-80.
20		(3) Purchase of care, except as provided in Section
21		5-30.6 of the Illinois Public Aid Code and this Section.
22		(4) Hiring of an individual as an employee and not as
23		an independent contractor, whether pursuant to an
24		employment code or policy or by contract directly with
25		that individual.
26		(5) Collective bargaining contracts.

HB5090 Enrolled - 94 - LRB104 20486 HLH 33958 b
1		(6) Purchase of real estate, except that notice of
2		this type of contract with a value of more than $25,000
3		must be published in the Procurement Bulletin within 10
4		calendar days after the deed is recorded in the county of
5		jurisdiction. The notice shall identify the real estate
6		purchased, the names of all parties to the contract, the
7		value of the contract, and the effective date of the
8		contract.
9		(7) Contracts necessary to prepare for anticipated
10		litigation, enforcement actions, or investigations,
11		provided that the chief legal counsel to the Governor
12		shall give his or her prior approval when the procuring
13		agency is one subject to the jurisdiction of the Governor,
14		and provided that the chief legal counsel of any other
15		procuring entity subject to this Code shall give his or
16		her prior approval when the procuring entity is not one
17		subject to the jurisdiction of the Governor.
18		(8) (Blank).
19		(9) Procurement expenditures by the Illinois
20		Conservation Foundation when only private funds are used.
21		(10) (Blank).
22		(11) Public-private agreements entered into according
23		to the procurement requirements of Section 20 of the
24		Public-Private Partnerships for Transportation Act and
25		design-build agreements entered into according to the
26		procurement requirements of Section 25 of the

HB5090 Enrolled - 95 - LRB104 20486 HLH 33958 b
1		Public-Private Partnerships for Transportation Act.
2		(12) (A) Contracts for legal, financial, and other
3		professional and artistic services entered into by the
4		Illinois Finance Authority in which the State of Illinois
5		is not obligated. Such contracts shall be awarded through
6		a competitive process authorized by the members of the
7		Illinois Finance Authority and are subject to Sections
8		5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
9		as well as the final approval by the members of the
10		Illinois Finance Authority of the terms of the contract.
11		(B) Contracts for legal and financial services entered
12		into by the Illinois Housing Development Authority in
13		connection with the issuance of bonds in which the State
14		of Illinois is not obligated. Such contracts shall be
15		awarded through a competitive process authorized by the
16		members of the Illinois Housing Development Authority and
17		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
18		and 50-37 of this Code, as well as the final approval by
19		the members of the Illinois Housing Development Authority
20		of the terms of the contract.
21		(13) Contracts for services, commodities, and
22		equipment to support the delivery of timely forensic
23		science services in consultation with and subject to the
24		approval of the Chief Procurement Officer as provided in
25		subsection (d) of Section 5-4-3a of the Unified Code of
26		Corrections, except for the requirements of Sections

HB5090 Enrolled - 96 - LRB104 20486 HLH 33958 b
1		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
2		Code; however, the Chief Procurement Officer may, in
3		writing with justification, waive any certification
4		required under Article 50 of this Code. For any contracts
5		for services which are currently provided by members of a
6		collective bargaining agreement, the applicable terms of
7		the collective bargaining agreement concerning
8		subcontracting shall be followed.
9		On and after January 1, 2019, this paragraph (13),
10		except for this sentence, is inoperative.
11		(14) Contracts for participation expenditures required
12		by a domestic or international trade show or exhibition of
13		an exhibitor, member, or sponsor.
14		(15) Contracts with a railroad or utility that
15		requires the State to reimburse the railroad or utilities
16		for the relocation of utilities for construction or other
17		public purpose. Contracts included within this paragraph
18		(15) shall include, but not be limited to, those
19		associated with: relocations, crossings, installations,
20		and maintenance. For the purposes of this paragraph (15),
21		"railroad" means any form of non-highway ground
22		transportation that runs on rails or electromagnetic
23		guideways and "utility" means: (1) public utilities as
24		defined in Section 3-105 of the Public Utilities Act, (2)
25		telecommunications carriers as defined in Section 13-202
26		of the Public Utilities Act, (3) electric cooperatives as

HB5090 Enrolled - 97 - LRB104 20486 HLH 33958 b
1		defined in Section 3.4 of the Electric Supplier Act, (4)
2		telephone or telecommunications cooperatives as defined in
3		Section 13-212 of the Public Utilities Act, (5) rural
4		water or wastewater waste water systems with 10,000
5		connections or less, (6) a holder as defined in Section
6		21-201 of the Public Utilities Act, and (7) municipalities
7		owning or operating utility systems consisting of public
8		utilities as that term is defined in Section 11-117-2 of
9		the Illinois Municipal Code.
10		(16) Procurement expenditures necessary for the
11		Department of Public Health to provide the delivery of
12		timely newborn screening services in accordance with the
13		Newborn Metabolic Screening Act.
14		(17) Procurement expenditures necessary for the
15		Department of Agriculture, the Department of Financial and
16		Professional Regulation, the Department of Human Services,
17		and the Department of Public Health to implement the
18		Compassionate Use of Medical Cannabis Program and Opioid
19		Alternative Pilot Program requirements and ensure access
20		to medical cannabis for patients with debilitating medical
21		conditions in accordance with the Compassionate Use of
22		Medical Cannabis Program Act.
23		(18) This Code does not apply to any procurements
24		necessary for the Department of Agriculture, the
25		Department of Financial and Professional Regulation, the
26		Department of Human Services, the Department of Commerce

HB5090 Enrolled - 98 - LRB104 20486 HLH 33958 b
1		and Economic Opportunity, and the Department of Public
2		Health to implement the Cannabis Regulation and Tax Act if
3		the applicable agency has made a good faith determination
4		that it is necessary and appropriate for the expenditure
5		to fall within this exemption and if the process is
6		conducted in a manner substantially in accordance with the
7		requirements of Sections 20-160, 25-60, 30-22, 50-5,
8		50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
9		50-36, 50-37, 50-38, and 50-50 of this Code; however, for
10		Section 50-35, compliance applies only to contracts or
11		subcontracts over $100,000. Notice of each contract
12		entered into under this paragraph (18) that is related to
13		the procurement of goods and services identified in
14		paragraph (1) through (9) of this subsection shall be
15		published in the Procurement Bulletin within 14 calendar
16		days after contract execution. The Chief Procurement
17		Officer shall prescribe the form and content of the
18		notice. Each agency shall provide the Chief Procurement
19		Officer, on a monthly basis, in the form and content
20		prescribed by the Chief Procurement Officer, a report of
21		contracts that are related to the procurement of goods and
22		services identified in this subsection. At a minimum, this
23		report shall include the name of the contractor, a
24		description of the supply or service provided, the total
25		amount of the contract, the term of the contract, and the
26		exception to this Code utilized. A copy of any or all of

HB5090 Enrolled - 99 - LRB104 20486 HLH 33958 b
1		these contracts shall be made available to the Chief
2		Procurement Officer immediately upon request. The Chief
3		Procurement Officer shall submit a report to the Governor
4		and General Assembly no later than November 1 of each year
5		that includes, at a minimum, an annual summary of the
6		monthly information reported to the Chief Procurement
7		Officer. This exemption becomes inoperative 5 years after
8		June 25, 2019 (the effective date of Public Act 101-27).
9		(19) Acquisition of modifications or adjustments,
10		limited to assistive technology devices and assistive
11		technology services, adaptive equipment, repairs, and
12		replacement parts to provide reasonable accommodations (i)
13		that enable a qualified applicant with a disability to
14		complete the job application process and be considered for
15		the position such qualified applicant desires, (ii) that
16		modify or adjust the work environment to enable a
17		qualified current employee with a disability to perform
18		the essential functions of the position held by that
19		employee, (iii) to enable a qualified current employee
20		with a disability to enjoy equal benefits and privileges
21		of employment as are enjoyed by other similarly situated
22		employees without disabilities, and (iv) that allow a
23		customer, client, claimant, or member of the public
24		seeking State services full use and enjoyment of and
25		access to its programs, services, or benefits.
26		For purposes of this paragraph (19):

HB5090 Enrolled - 100 - LRB104 20486 HLH 33958 b
1		"Assistive technology devices" means any item, piece
2		of equipment, or product system, whether acquired
3		commercially off the shelf, modified, or customized, that
4		is used to increase, maintain, or improve functional
5		capabilities of individuals with disabilities.
6		"Assistive technology services" means any service that
7		directly assists an individual with a disability in
8		selection, acquisition, or use of an assistive technology
9		device.
10		"Qualified" has the same meaning and use as provided
11		under the federal Americans with Disabilities Act when
12		describing an individual with a disability.
13		(20) Procurement expenditures necessary for the
14		Illinois Commerce Commission to hire third-party
15		facilitators pursuant to Sections 16-105.17 and 16-108.18
16		of the Public Utilities Act or an ombudsman pursuant to
17		Section 16-107.5 of the Public Utilities Act, a
18		facilitator pursuant to Section 16-105.17 of the Public
19		Utilities Act, or a grid auditor pursuant to Section
20		16-105.10 of the Public Utilities Act.
21		(21) Procurement expenditures for the purchase,
22		renewal, and expansion of software, software licenses, or
23		software maintenance agreements that support the efforts
24		of the Illinois State Police to enforce, regulate, and
25		administer the Firearm Owners Identification Card Act, the
26		Firearm Concealed Carry Act, the Firearms Restraining

HB5090 Enrolled - 101 - LRB104 20486 HLH 33958 b
1		Order Act, the Firearm Dealer License Certification Act,
2		the Law Enforcement Agencies Data System (LEADS), the
3		Uniform Crime Reporting Act, the Criminal Identification
4		Act, the Illinois Uniform Conviction Information Act, and
5		the Gun Trafficking Information Act, or establish or
6		maintain record management systems necessary to conduct
7		human trafficking investigations or gun trafficking or
8		other stolen firearm investigations. This paragraph (21)
9		applies to contracts entered into on or after January 10,
10		2023 (the effective date of Public Act 102-1116) and the
11		renewal of contracts that are in effect on January 10,
12		2023 (the effective date of Public Act 102-1116).
13		(22) Contracts for project management services and
14		system integration services required for the completion of
15		the State's enterprise resource planning project. This
16		exemption becomes inoperative 5 years after June 7, 2023
17		(the effective date of the changes made to this Section by
18		Public Act 103-8). This paragraph (22) applies to
19		contracts entered into on or after June 7, 2023 (the
20		effective date of the changes made to this Section by
21		Public Act 103-8) and the renewal of contracts that are in
22		effect on June 7, 2023 (the effective date of the changes
23		made to this Section by Public Act 103-8).
24		(23) Procurements necessary for the Department of
25		Insurance to implement the Illinois Health Benefits
26		Exchange Law if the Department of Insurance has made a

HB5090 Enrolled - 102 - LRB104 20486 HLH 33958 b
1		good faith determination that it is necessary and
2		appropriate for the expenditure to fall within this
3		exemption. The procurement process shall be conducted in a
4		manner substantially in accordance with the requirements
5		of Sections 20-160 and 25-60 and Article 50 of this Code. A
6		copy of these contracts shall be made available to the
7		Chief Procurement Officer immediately upon request. This
8		paragraph is inoperative 5 years after June 27, 2023 (the
9		effective date of Public Act 103-103).
10		(24) Contracts for public education programming,
11		noncommercial sustaining announcements, public service
12		announcements, and public awareness and education
13		messaging with the nonprofit trade associations of the
14		providers of those services that inform the public on
15		immediate and ongoing health and safety risks and hazards.
16		(25) Procurements necessary for the Department of
17		Early Childhood to implement the Department of Early
18		Childhood Act if the Department has made a good faith
19		determination that it is necessary and appropriate for the
20		expenditure to fall within this exemption. This exemption
21		shall only be used for products and services procured
22		solely for use by the Department of Early Childhood. The
23		procurements may include those necessary to design and
24		build integrated, operational systems of programs and
25		services. The procurements may include, but are not
26		limited to, those necessary to align and update program

HB5090 Enrolled - 103 - LRB104 20486 HLH 33958 b
1		standards, integrate funding systems, design and establish
2		data and reporting systems, align and update models for
3		technical assistance and professional development, design
4		systems to manage grants and ensure compliance, design and
5		implement management and operational structures, and
6		establish new means of engaging with families, educators,
7		providers, and stakeholders. The procurement processes
8		shall be conducted in a manner substantially in accordance
9		with the requirements of Article 50 (ethics) and Sections
10		5-5 (Procurement Policy Board), 5-7 (Commission on Equity
11		and Inclusion), 20-80 (contract files), 20-120
12		(subcontractors), 20-155 (paperwork), 20-160
13		(ethics/campaign contribution prohibitions), 25-60
14		(prevailing wage), and 25-90 (prohibited and authorized
15		cybersecurity) of this Code. Beginning January 1, 2025,
16		the Department of Early Childhood shall provide a
17		quarterly report to the General Assembly detailing a list
18		of expenditures and contracts for which the Department
19		uses this exemption. This paragraph is inoperative on and
20		after July 1, 2027.
21		(26) Procurements that are necessary for increasing
22		the recruitment and retention of State employees,
23		particularly minority candidates for employment,
24		including:
25		(A) procurements related to registration fees for
26		job fairs and other outreach and recruitment events;

HB5090 Enrolled - 104 - LRB104 20486 HLH 33958 b
1		(B) production of recruitment materials; and
2		(C) other services related to recruitment and
3		retention of State employees.
4		The exemption under this paragraph (26) applies only
5		if the State agency has made a good faith determination
6		that it is necessary and appropriate for the expenditure
7		to fall within this paragraph (26). The procurement
8		process under this paragraph (26) shall be conducted in a
9		manner substantially in accordance with the requirements
10		of Sections 20-160 and 25-60 and Article 50 of this Code. A
11		copy of these contracts shall be made available to the
12		Chief Procurement Officer immediately upon request.
13		Nothing in this paragraph (26) authorizes the replacement
14		or diminishment of State responsibilities in hiring or the
15		positions that effectuate that hiring. This paragraph (26)
16		is inoperative on and after June 30, 2029.
17		(27) Procurements necessary for the Department of
18		Healthcare and Family Services to implement changes to the
19		State's Integrated Eligibility System to ensure the
20		system's compliance with federal implementation mandates
21		and deadlines, if the Department of Healthcare and Family
22		Services has made a good faith determination that it is
23		necessary and appropriate for the procurement to fall
24		within this exemption.
25		(28) Procurements necessary for the Illinois Labor
26		Relations Board to contract with a neutral body to provide

HB5090 Enrolled - 105 - LRB104 20486 HLH 33958 b
1		any of the data or information collection, storage,
2		management, manipulation, analysis, certification, and
3		election services required under the Transportation
4		Network Driver Labor Relations Act, and to contract for
5		court reporting services, required under the
6		Transportation Network Driver Labor Relations Act or the
7		Illinois Public Labor Relations Act, where the Illinois
8		Labor Relations Board determines in good faith such
9		services are necessary to carry out its statutory duties.
10		The procurement process shall be conducted in a manner
11		substantially in accordance with the requirements of
12		Sections 20-160 and Article 50 of this Code. A copy of any
13		contract entered into under this paragraph shall be made
14		available to the Chief Procurement Officer upon request.
15		Notwithstanding any other provision of law, for contracts
16		with an annual value of more than $100,000 entered into on or
17		after October 1, 2017 under an exemption provided in any
18		paragraph of this subsection (b), except paragraph (1), (2),
19		or (5), each State agency shall post to the appropriate
20		procurement bulletin the name of the contractor, a description
21		of the supply or service provided, the total amount of the
22		contract, the term of the contract, and the exception to the
23		Code utilized. The chief procurement officer shall submit a
24		report to the Governor and General Assembly no later than
25		November 1 of each year that shall include, at a minimum, an
26		annual summary of the monthly information reported to the

HB5090 Enrolled - 106 - LRB104 20486 HLH 33958 b
1		chief procurement officer.
2		(c) This Code does not apply to the electric power
3		procurement process provided for under Section 1-75 of the
4		Illinois Power Agency Act and Section 16-111.5 of the Public
5		Utilities Act. This Code does not apply to the procurement of
6		technical and policy experts pursuant to Section 1-129 of the
7		Illinois Power Agency Act.
8		(d) Except for Section 20-160 and Article 50 of this Code,
9		and as expressly required by Section 9.1 of the Illinois
10		Lottery Law, the provisions of this Code do not apply to the
11		procurement process provided for under Section 9.1 of the
12		Illinois Lottery Law.
13		(e) This Code does not apply to the process used by the
14		Capital Development Board to retain a person or entity to
15		assist the Capital Development Board with its duties related
16		to the determination of costs of a clean coal SNG brownfield
17		facility, as defined by Section 1-10 of the Illinois Power
18		Agency Act, as required in subsection (h-3) of Section 9-220
19		of the Public Utilities Act, including calculating the range
20		of capital costs, the range of operating and maintenance
21		costs, or the sequestration costs or monitoring the
22		construction of clean coal SNG brownfield facility for the
23		full duration of construction.
24		(f) (Blank).
25		(g) (Blank).
26		(h) This Code does not apply to the process to procure or

HB5090 Enrolled - 107 - LRB104 20486 HLH 33958 b
1		contracts entered into in accordance with Sections 11-5.2 and
2		11-5.3 of the Illinois Public Aid Code.
3		(i) Each chief procurement officer may access records
4		necessary to review whether a contract, purchase, or other
5		expenditure is or is not subject to the provisions of this
6		Code, unless such records would be subject to attorney-client
7		privilege.
8		(j) This Code does not apply to the process used by the
9		Capital Development Board to retain an artist or work or works
10		of art as required in Section 14 of the Capital Development
11		Board Act.
12		(k) This Code does not apply to the process to procure
13		contracts, or contracts entered into, by the State Board of
14		Elections or the State Electoral Board for hearing officers
15		appointed pursuant to the Election Code.
16		(l) This Code does not apply to the processes used by the
17		Illinois Student Assistance Commission to procure supplies and
18		services paid for from the private funds of the Illinois
19		Prepaid Tuition Fund. As used in this subsection (l), "private
20		funds" means funds derived from deposits paid into the
21		Illinois Prepaid Tuition Trust Fund and the earnings thereon.
22		(m) This Code shall apply regardless of the source of
23		funds with which contracts are paid, including federal
24		assistance moneys. Except as specifically provided in this
25		Code, this Code shall not apply to procurement expenditures
26		necessary for the Department of Public Health to conduct the

HB5090 Enrolled - 108 - LRB104 20486 HLH 33958 b
1		Healthy Illinois Survey in accordance with Section 2310-431 of
2		the Department of Public Health Powers and Duties Law of the
3		Civil Administrative Code of Illinois.
4		(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
5		103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
6		6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
7		eff. 6-16-25; 104-417, eff. 8-15-25)
8		(Text of Section after amendment by P.A. 104-458)
9		Sec. 1-10. Application.
10		(a) This Code applies only to procurements for which
11		bidders, offerors, potential contractors, or contractors were
12		first solicited on or after July 1, 1998. This Code shall not
13		be construed to affect or impair any contract, or any
14		provision of a contract, entered into based on a solicitation
15		prior to the implementation date of this Code as described in
16		Article 99, including, but not limited to, any covenant
17		entered into with respect to any revenue bonds or similar
18		instruments. All procurements for which contracts are
19		solicited between the effective date of Articles 50 and 99 and
20		July 1, 1998 shall be substantially in accordance with this
21		Code and its intent.
22		(b) This Code shall apply regardless of the source of the
23		funds with which the contracts are paid, including federal
24		assistance moneys. This Code shall not apply to:
25		(1) Contracts between the State and its political

HB5090 Enrolled - 109 - LRB104 20486 HLH 33958 b
1		subdivisions or other governments, or between State
2		governmental bodies, except as specifically provided in
3		this Code.
4		(2) Grants, except for the filing requirements of
5		Section 20-80.
6		(3) Purchase of care, except as provided in Section
7		5-30.6 of the Illinois Public Aid Code and this Section.
8		(4) Hiring of an individual as an employee and not as
9		an independent contractor, whether pursuant to an
10		employment code or policy or by contract directly with
11		that individual.
12		(5) Collective bargaining contracts.
13		(6) Purchase of real estate, except that notice of
14		this type of contract with a value of more than $25,000
15		must be published in the Procurement Bulletin within 10
16		calendar days after the deed is recorded in the county of
17		jurisdiction. The notice shall identify the real estate
18		purchased, the names of all parties to the contract, the
19		value of the contract, and the effective date of the
20		contract.
21		(7) Contracts necessary to prepare for anticipated
22		litigation, enforcement actions, or investigations,
23		provided that the chief legal counsel to the Governor
24		shall give his or her prior approval when the procuring
25		agency is one subject to the jurisdiction of the Governor,
26		and provided that the chief legal counsel of any other

HB5090 Enrolled - 110 - LRB104 20486 HLH 33958 b
1		procuring entity subject to this Code shall give his or
2		her prior approval when the procuring entity is not one
3		subject to the jurisdiction of the Governor.
4		(8) (Blank).
5		(9) Procurement expenditures by the Illinois
6		Conservation Foundation when only private funds are used.
7		(10) (Blank).
8		(11) Public-private agreements entered into according
9		to the procurement requirements of Section 20 of the
10		Public-Private Partnerships for Transportation Act and
11		design-build agreements entered into according to the
12		procurement requirements of Section 25 of the
13		Public-Private Partnerships for Transportation Act.
14		(12) (A) Contracts for legal, financial, and other
15		professional and artistic services entered into by the
16		Illinois Finance Authority in which the State of Illinois
17		is not obligated. Such contracts shall be awarded through
18		a competitive process authorized by the members of the
19		Illinois Finance Authority and are subject to Sections
20		5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
21		as well as the final approval by the members of the
22		Illinois Finance Authority of the terms of the contract.
23		(B) Contracts for legal and financial services entered
24		into by the Illinois Housing Development Authority in
25		connection with the issuance of bonds in which the State
26		of Illinois is not obligated. Such contracts shall be

HB5090 Enrolled - 111 - LRB104 20486 HLH 33958 b
1		awarded through a competitive process authorized by the
2		members of the Illinois Housing Development Authority and
3		are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
4		and 50-37 of this Code, as well as the final approval by
5		the members of the Illinois Housing Development Authority
6		of the terms of the contract.
7		(13) Contracts for services, commodities, and
8		equipment to support the delivery of timely forensic
9		science services in consultation with and subject to the
10		approval of the Chief Procurement Officer as provided in
11		subsection (d) of Section 5-4-3a of the Unified Code of
12		Corrections, except for the requirements of Sections
13		20-60, 20-65, 20-70, and 20-160 and Article 50 of this
14		Code; however, the Chief Procurement Officer may, in
15		writing with justification, waive any certification
16		required under Article 50 of this Code. For any contracts
17		for services which are currently provided by members of a
18		collective bargaining agreement, the applicable terms of
19		the collective bargaining agreement concerning
20		subcontracting shall be followed.
21		On and after January 1, 2019, this paragraph (13),
22		except for this sentence, is inoperative.
23		(14) Contracts for participation expenditures required
24		by a domestic or international trade show or exhibition of
25		an exhibitor, member, or sponsor.
26		(15) Contracts with a railroad or utility that

HB5090 Enrolled - 112 - LRB104 20486 HLH 33958 b
1		requires the State to reimburse the railroad or utilities
2		for the relocation of utilities for construction or other
3		public purpose. Contracts included within this paragraph
4		(15) shall include, but not be limited to, those
5		associated with: relocations, crossings, installations,
6		and maintenance. For the purposes of this paragraph (15),
7		"railroad" means any form of non-highway ground
8		transportation that runs on rails or electromagnetic
9		guideways and "utility" means: (1) public utilities as
10		defined in Section 3-105 of the Public Utilities Act, (2)
11		telecommunications carriers as defined in Section 13-202
12		of the Public Utilities Act, (3) electric cooperatives as
13		defined in Section 3.4 of the Electric Supplier Act, (4)
14		telephone or telecommunications cooperatives as defined in
15		Section 13-212 of the Public Utilities Act, (5) rural
16		water or wastewater waste water systems with 10,000
17		connections or less, (6) a holder as defined in Section
18		21-201 of the Public Utilities Act, and (7) municipalities
19		owning or operating utility systems consisting of public
20		utilities as that term is defined in Section 11-117-2 of
21		the Illinois Municipal Code.
22		(16) Procurement expenditures necessary for the
23		Department of Public Health to provide the delivery of
24		timely newborn screening services in accordance with the
25		Newborn Metabolic Screening Act.
26		(17) Procurement expenditures necessary for the

HB5090 Enrolled - 113 - LRB104 20486 HLH 33958 b
1		Department of Agriculture, the Department of Financial and
2		Professional Regulation, the Department of Human Services,
3		and the Department of Public Health to implement the
4		Compassionate Use of Medical Cannabis Program and Opioid
5		Alternative Pilot Program requirements and ensure access
6		to medical cannabis for patients with debilitating medical
7		conditions in accordance with the Compassionate Use of
8		Medical Cannabis Program Act.
9		(18) This Code does not apply to any procurements
10		necessary for the Department of Agriculture, the
11		Department of Financial and Professional Regulation, the
12		Department of Human Services, the Department of Commerce
13		and Economic Opportunity, and the Department of Public
14		Health to implement the Cannabis Regulation and Tax Act if
15		the applicable agency has made a good faith determination
16		that it is necessary and appropriate for the expenditure
17		to fall within this exemption and if the process is
18		conducted in a manner substantially in accordance with the
19		requirements of Sections 20-160, 25-60, 30-22, 50-5,
20		50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
21		50-36, 50-37, 50-38, and 50-50 of this Code; however, for
22		Section 50-35, compliance applies only to contracts or
23		subcontracts over $100,000. Notice of each contract
24		entered into under this paragraph (18) that is related to
25		the procurement of goods and services identified in
26		paragraph (1) through (9) of this subsection shall be

HB5090 Enrolled - 114 - LRB104 20486 HLH 33958 b
1		published in the Procurement Bulletin within 14 calendar
2		days after contract execution. The Chief Procurement
3		Officer shall prescribe the form and content of the
4		notice. Each agency shall provide the Chief Procurement
5		Officer, on a monthly basis, in the form and content
6		prescribed by the Chief Procurement Officer, a report of
7		contracts that are related to the procurement of goods and
8		services identified in this subsection. At a minimum, this
9		report shall include the name of the contractor, a
10		description of the supply or service provided, the total
11		amount of the contract, the term of the contract, and the
12		exception to this Code utilized. A copy of any or all of
13		these contracts shall be made available to the Chief
14		Procurement Officer immediately upon request. The Chief
15		Procurement Officer shall submit a report to the Governor
16		and General Assembly no later than November 1 of each year
17		that includes, at a minimum, an annual summary of the
18		monthly information reported to the Chief Procurement
19		Officer. This exemption becomes inoperative 5 years after
20		June 25, 2019 (the effective date of Public Act 101-27).
21		(19) Acquisition of modifications or adjustments,
22		limited to assistive technology devices and assistive
23		technology services, adaptive equipment, repairs, and
24		replacement parts to provide reasonable accommodations (i)
25		that enable a qualified applicant with a disability to
26		complete the job application process and be considered for

HB5090 Enrolled - 115 - LRB104 20486 HLH 33958 b
1		the position such qualified applicant desires, (ii) that
2		modify or adjust the work environment to enable a
3		qualified current employee with a disability to perform
4		the essential functions of the position held by that
5		employee, (iii) to enable a qualified current employee
6		with a disability to enjoy equal benefits and privileges
7		of employment as are enjoyed by other similarly situated
8		employees without disabilities, and (iv) that allow a
9		customer, client, claimant, or member of the public
10		seeking State services full use and enjoyment of and
11		access to its programs, services, or benefits.
12		For purposes of this paragraph (19):
13		"Assistive technology devices" means any item, piece
14		of equipment, or product system, whether acquired
15		commercially off the shelf, modified, or customized, that
16		is used to increase, maintain, or improve functional
17		capabilities of individuals with disabilities.
18		"Assistive technology services" means any service that
19		directly assists an individual with a disability in
20		selection, acquisition, or use of an assistive technology
21		device.
22		"Qualified" has the same meaning and use as provided
23		under the federal Americans with Disabilities Act when
24		describing an individual with a disability.
25		(20) Procurement expenditures necessary for the
26		Illinois Commerce Commission to hire third-party

HB5090 Enrolled - 116 - LRB104 20486 HLH 33958 b
1		facilitators pursuant to Sections 16-105.17 and 16-108.18
2		of the Public Utilities Act or an ombudsman pursuant to
3		Section 16-107.5 of the Public Utilities Act, a
4		facilitator pursuant to Section 16-105.17 of the Public
5		Utilities Act, a grid auditor pursuant to Section
6		16-105.10 of the Public Utilities Act, a facilitator,
7		expert, or consultant pursuant to Sections 16-126.2 and
8		16-202 of the Public Utilities Act, a procurement monitor
9		pursuant to Section 16-111.5 of the Public Utilities Act,
10		an ombudsperson pursuant to Section 20-145 of the Public
11		Utilities Act, or consultants and experts pursuant to
12		Section 5-15 of the Utility Data Access Act.
13		(21) Procurement expenditures for the purchase,
14		renewal, and expansion of software, software licenses, or
15		software maintenance agreements that support the efforts
16		of the Illinois State Police to enforce, regulate, and
17		administer the Firearm Owners Identification Card Act, the
18		Firearm Concealed Carry Act, the Firearms Restraining
19		Order Act, the Firearm Dealer License Certification Act,
20		the Law Enforcement Agencies Data System (LEADS), the
21		Uniform Crime Reporting Act, the Criminal Identification
22		Act, the Illinois Uniform Conviction Information Act, and
23		the Gun Trafficking Information Act, or establish or
24		maintain record management systems necessary to conduct
25		human trafficking investigations or gun trafficking or
26		other stolen firearm investigations. This paragraph (21)

HB5090 Enrolled - 117 - LRB104 20486 HLH 33958 b
1		applies to contracts entered into on or after January 10,
2		2023 (the effective date of Public Act 102-1116) and the
3		renewal of contracts that are in effect on January 10,
4		2023 (the effective date of Public Act 102-1116).
5		(22) Contracts for project management services and
6		system integration services required for the completion of
7		the State's enterprise resource planning project. This
8		exemption becomes inoperative 5 years after June 7, 2023
9		(the effective date of the changes made to this Section by
10		Public Act 103-8). This paragraph (22) applies to
11		contracts entered into on or after June 7, 2023 (the
12		effective date of the changes made to this Section by
13		Public Act 103-8) and the renewal of contracts that are in
14		effect on June 7, 2023 (the effective date of the changes
15		made to this Section by Public Act 103-8).
16		(23) Procurements necessary for the Department of
17		Insurance to implement the Illinois Health Benefits
18		Exchange Law if the Department of Insurance has made a
19		good faith determination that it is necessary and
20		appropriate for the expenditure to fall within this
21		exemption. The procurement process shall be conducted in a
22		manner substantially in accordance with the requirements
23		of Sections 20-160 and 25-60 and Article 50 of this Code. A
24		copy of these contracts shall be made available to the
25		Chief Procurement Officer immediately upon request. This
26		paragraph is inoperative 5 years after June 27, 2023 (the

HB5090 Enrolled - 118 - LRB104 20486 HLH 33958 b
1		effective date of Public Act 103-103).
2		(24) Contracts for public education programming,
3		noncommercial sustaining announcements, public service
4		announcements, and public awareness and education
5		messaging with the nonprofit trade associations of the
6		providers of those services that inform the public on
7		immediate and ongoing health and safety risks and hazards.
8		(25) Procurements necessary for the Department of
9		Early Childhood to implement the Department of Early
10		Childhood Act if the Department has made a good faith
11		determination that it is necessary and appropriate for the
12		expenditure to fall within this exemption. This exemption
13		shall only be used for products and services procured
14		solely for use by the Department of Early Childhood. The
15		procurements may include those necessary to design and
16		build integrated, operational systems of programs and
17		services. The procurements may include, but are not
18		limited to, those necessary to align and update program
19		standards, integrate funding systems, design and establish
20		data and reporting systems, align and update models for
21		technical assistance and professional development, design
22		systems to manage grants and ensure compliance, design and
23		implement management and operational structures, and
24		establish new means of engaging with families, educators,
25		providers, and stakeholders. The procurement processes
26		shall be conducted in a manner substantially in accordance

HB5090 Enrolled - 119 - LRB104 20486 HLH 33958 b
1		with the requirements of Article 50 (ethics) and Sections
2		5-5 (Procurement Policy Board), 5-7 (Commission on Equity
3		and Inclusion), 20-80 (contract files), 20-120
4		(subcontractors), 20-155 (paperwork), 20-160
5		(ethics/campaign contribution prohibitions), 25-60
6		(prevailing wage), and 25-90 (prohibited and authorized
7		cybersecurity) of this Code. Beginning January 1, 2025,
8		the Department of Early Childhood shall provide a
9		quarterly report to the General Assembly detailing a list
10		of expenditures and contracts for which the Department
11		uses this exemption. This paragraph is inoperative on and
12		after July 1, 2027.
13		(26) Procurements that are necessary for increasing
14		the recruitment and retention of State employees,
15		particularly minority candidates for employment,
16		including:
17		(A) procurements related to registration fees for
18		job fairs and other outreach and recruitment events;
19		(B) production of recruitment materials; and
20		(C) other services related to recruitment and
21		retention of State employees.
22		The exemption under this paragraph (26) applies only
23		if the State agency has made a good faith determination
24		that it is necessary and appropriate for the expenditure
25		to fall within this paragraph (26). The procurement
26		process under this paragraph (26) shall be conducted in a

HB5090 Enrolled - 120 - LRB104 20486 HLH 33958 b
1		manner substantially in accordance with the requirements
2		of Sections 20-160 and 25-60 and Article 50 of this Code. A
3		copy of these contracts shall be made available to the
4		Chief Procurement Officer immediately upon request.
5		Nothing in this paragraph (26) authorizes the replacement
6		or diminishment of State responsibilities in hiring or the
7		positions that effectuate that hiring. This paragraph (26)
8		is inoperative on and after June 30, 2029.
9		(27) Procurements necessary for the Department of
10		Healthcare and Family Services to implement changes to the
11		State's Integrated Eligibility System to ensure the
12		system's compliance with federal implementation mandates
13		and deadlines, if the Department of Healthcare and Family
14		Services has made a good faith determination that it is
15		necessary and appropriate for the procurement to fall
16		within this exemption.
17		(28) Procurements necessary for the Illinois Labor
18		Relations Board to contract with a neutral body to provide
19		any of the data or information collection, storage,
20		management, manipulation, analysis, certification, and
21		election services required under the Transportation
22		Network Driver Labor Relations Act, and to contract for
23		court reporting services, required under the
24		Transportation Network Driver Labor Relations Act or the
25		Illinois Public Labor Relations Act, where the Illinois
26		Labor Relations Board determines in good faith such

HB5090 Enrolled - 121 - LRB104 20486 HLH 33958 b
1		services are necessary to carry out its statutory duties.
2		The procurement process shall be conducted in a manner
3		substantially in accordance with the requirements of
4		Sections 20-160 and Article 50 of this Code. A copy of any
5		contract entered into under this paragraph shall be made
6		available to the Chief Procurement Officer upon request.
7		Notwithstanding any other provision of law, for contracts
8		with an annual value of more than $100,000 entered into on or
9		after October 1, 2017 under an exemption provided in any
10		paragraph of this subsection (b), except paragraph (1), (2),
11		or (5), each State agency shall post to the appropriate
12		procurement bulletin the name of the contractor, a description
13		of the supply or service provided, the total amount of the
14		contract, the term of the contract, and the exception to the
15		Code utilized. The chief procurement officer shall submit a
16		report to the Governor and General Assembly no later than
17		November 1 of each year that shall include, at a minimum, an
18		annual summary of the monthly information reported to the
19		chief procurement officer.
20		(c) This Code does not apply to the electric power
21		procurement process provided for under Section 1-75 of the
22		Illinois Power Agency Act and Section 16-111.5 of the Public
23		Utilities Act. This Code does not apply to the procurement of
24		technical and policy experts pursuant to Section 1-129 of the
25		Illinois Power Agency Act.
26		(d) Except for Section 20-160 and Article 50 of this Code,

HB5090 Enrolled - 122 - LRB104 20486 HLH 33958 b
1		and as expressly required by Section 9.1 of the Illinois
2		Lottery Law, the provisions of this Code do not apply to the
3		procurement process provided for under Section 9.1 of the
4		Illinois Lottery Law.
5		(e) This Code does not apply to the process used by the
6		Capital Development Board to retain a person or entity to
7		assist the Capital Development Board with its duties related
8		to the determination of costs of a clean coal SNG brownfield
9		facility, as defined by Section 1-10 of the Illinois Power
10		Agency Act, as required in subsection (h-3) of Section 9-220
11		of the Public Utilities Act, including calculating the range
12		of capital costs, the range of operating and maintenance
13		costs, or the sequestration costs or monitoring the
14		construction of clean coal SNG brownfield facility for the
15		full duration of construction.
16		(f) (Blank).
17		(g) (Blank).
18		(h) This Code does not apply to the process to procure or
19		contracts entered into in accordance with Sections 11-5.2 and
20		11-5.3 of the Illinois Public Aid Code.
21		(i) Each chief procurement officer may access records
22		necessary to review whether a contract, purchase, or other
23		expenditure is or is not subject to the provisions of this
24		Code, unless such records would be subject to attorney-client
25		privilege.
26		(j) This Code does not apply to the process used by the

HB5090 Enrolled - 123 - LRB104 20486 HLH 33958 b
1		Capital Development Board to retain an artist or work or works
2		of art as required in Section 14 of the Capital Development
3		Board Act.
4		(k) This Code does not apply to the process to procure
5		contracts, or contracts entered into, by the State Board of
6		Elections or the State Electoral Board for hearing officers
7		appointed pursuant to the Election Code.
8		(l) This Code does not apply to the processes used by the
9		Illinois Student Assistance Commission to procure supplies and
10		services paid for from the private funds of the Illinois
11		Prepaid Tuition Fund. As used in this subsection (l), "private
12		funds" means funds derived from deposits paid into the
13		Illinois Prepaid Tuition Trust Fund and the earnings thereon.
14		(m) This Code shall apply regardless of the source of
15		funds with which contracts are paid, including federal
16		assistance moneys. Except as specifically provided in this
17		Code, this Code shall not apply to procurement expenditures
18		necessary for the Department of Public Health to conduct the
19		Healthy Illinois Survey in accordance with Section 2310-431 of
20		the Department of Public Health Powers and Duties Law of the
21		Civil Administrative Code of Illinois.
22		(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
23		103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
24		6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
25		eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;
26		revised 1-12-26.)

HB5090 Enrolled - 124 - LRB104 20486 HLH 33958 b
1		Section 910. The Labor Dispute Act is amended by changing
2		Section 1.3 as follows:
3		(820 ILCS 5/1.3)
4		Sec. 1.3. Definitions. As used in Section 1.2 through 1.5:
5		"Employee" means any individual permitted to work by an
6		employer in an occupation. For the purpose of Sections 1.2
7		through 1.5, "employee" includes any transportation network
8		driver, as that term is defined in the Transportation Network
9		Driver Labor Relations Act.
10		"Employer" means any individual, partnership, association,
11		corporation, business trust, governmental or
12		quasi-governmental body, or any person or group of persons
13		that employs any person to work, labor, or exercise skill in
14		connection with the operation of any business, industry,
15		vocation, or occupation. For the purpose of Sections 1.2
16		through 1.5, "employer" includes any transportation network
17		company, as defined in the Transportation Network Driver Labor
18		Relations Act, with respect to its engagement or contracting
19		of transportation network drivers. With respect to
20		transportation network drivers and transportation network
21		companies, "employment" includes the engagement or contracting
22		of a transportation network driver by a transportation network
23		company to provide transportation network company services, as
24		those terms are defined in the Transportation Network Driver

HB5090 Enrolled - 125 - LRB104 20486 HLH 33958 b
1		Labor Relations Act.
2		"Picketing" means the stationing of a person for an
3		organization to apprise the public by signs or other means of
4		the existence of a dispute pursuant to the National Labor
5		Relations Act, 29 U.S.C. 151 et seq., and the Labor Management
6		Relations Act, 29 U.S.C. 141 et seq., and the Transportation
7		Network Driver Labor Relations Act.
8		"Dispute" includes any controversy concerning terms or
9		conditions of employment, or concerning the association or
10		representation of persons in negotiating, fixing, maintaining,
11		changing, or seeking to arrange terms or conditions of
12		employment or other protest, regardless of whether or not the
13		disputants stand in the proximate relationship of employer and
14		employee.
15		"Public right of way" means that portion of the highway or
16		street adjacent to the roadway for accommodating stopped
17		vehicles or for emergency use; or that portion of a street
18		between the curb lines, or the lateral lines of a roadway, and
19		the adjacent property lines.
20		"Temporary sign" means a sign or other display or device
21		that is not permanently affixed and is capable of being
22		removed at the end of each day or shift.
23		"Temporary shelter" means a tent or shelter that is not
24		permanently affixed and is capable of being removed at the end
25		of each day or shift, not to exceed 300 square feet in size.
26		(Source: P.A. 94-321, eff. 1-1-06.)

HB5090 Enrolled - 126 - LRB104 20486 HLH 33958 b
1		Section 995. No acceleration or delay. Where this Act
2		makes changes in a statute that is represented in this Act by
3		text that is not yet or no longer in effect (for example, a
4		Section represented by multiple versions), the use of that
5		text does not accelerate or delay the taking effect of (i) the
6		changes made by this Act or (ii) provisions derived from any
7		other Public Act.
8		Section 997. Severability. The provisions of this Act
9		shall be severable as provided in Section 1.31 of the Statute
10		on Statutes; notwithstanding that, if the definition of the
11		"transportation network driver" is held to be preempted by the
12		National Labor Relations Act, 29 U.S.C. 141 et seq., by a court
13		of competent jurisdiction and such determination is not
14		reversed after exhaustion of all appeals, no provision of this
15		Act shall be deemed valid or given force of law.
16		Section 999. Effective date. This Act takes effect upon
17		becoming law.