820 ILCS 14/9: Determination of covered TNCs.

(a) Within 90 days after the effective date of this Act, and within 2 weeks after the end of each calendar quarter, each TNC shall electronically submit to the Board a single statewide total of the rides performed during the prior quarter by transportation network drivers on its online-enabled application or platform. For the purposes of this Section, all digital networks or software application services that any related corporate entities under common control maintain shall be considered a single TNC.

(b) The information required by subsection (a) shall be produced in a manipulable electronic format, such as a spreadsheet program consisting of cells organized by lettered columns and numbered rows with each data point in a separate cell that allows users to sort and perform calculations and analysis. The Board may require that the information be provided in a specified software program.

(c) Within 14 days after the deadline set forth in subsection (a), the Board shall designate the covered TNCs through the following procedure.

(1) The Board shall total all rides reported under subsection (a).

(2) The Board shall then rank all TNCs by rideshare volume in descending order. The Board shall begin with the highest ranked TNC and continue down the list until the Board has identified the TNCs whose rides collectively equal or exceed 95% of the statewide total for the preceding quarter. These TNCs shall be deemed covered TNCs for the purposes of this Act.

(3) For the purposes of this Section, all TNCs under common ownership or control shall be considered to be a single TNC. The Board shall publish the list of covered TNCs and noncovered TNCs and rideshare volume information on its website. The Board shall notify each TNC as to whether the TNC is a covered TNC.

(d) The failure of a TNC to submit the list required by subsection (a) shall not prevent the Board from providing a list of covered and noncovered TNCs to the extent the Board concludes that the missing information cannot reasonably be expected to change whether those TNCs are covered or noncovered TNCs.

(e) A TNC that was not a covered TNC when a sectoral agreement took effect but whose rideshare volume in a later quarter brings it within the 95% threshold identified in paragraph (2) of subsection (c) shall become a covered TNC, and be bound by all terms of the sectoral agreement immediately.

(f) A TNC that becomes a covered TNC in accordance with this Section shall remain a covered TNC for the remaining term of a sectoral agreement.

(g) When a sectoral agreement is in effect, any TNC that is not a covered TNC for the purposes of this Section may choose to become bound to the sectoral agreement by providing written notice to the Board, the certified exclusive bargaining representative, and the covered TNCs. A TNC that chooses to become bound to a sectoral agreement under this Section shall be bound for the remaining term of the agreement. The TNC shall not, on account of its exercise of the option provided by this Section, become a covered TNC for the purposes of negotiation of subsequent sectoral agreements or coverage by subsequent sectoral agreements.

(h) It is unlawful for any TNC that is not a covered TNC or voluntarily bound by the terms of the sectoral agreement as provided by this Section to make any statement, advertisement, or imply in any official communication that the TNC is bound by the terms of the sectoral agreement.

(i) During the time that a noncovered TNC is bound by the terms of the sectoral agreement under this Section, the certified exclusive bargaining representative shall represent the TNC drivers who drive for the noncovered TNC for the purposes of this Act. The noncovered TNC shall have the same obligations as a covered TNC to provide information to the Board necessary to administer this Act and to provide information to the exclusive bargaining representative necessary for representation of the TNC drivers.