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Illinois General Assembly· HB 5090Governor Approved

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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
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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.
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