SB1973 104TH GENERAL ASSEMBLY

LRB104 12140 LNS 22239 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1973

Introduced 2/6/2025, by Sen. Emil Jones, III

SYNOPSIS AS INTRODUCED:

625 ILCS 57/5
625 ILCS 57/15
625 ILCS 57/27 new
625 ILCS 57/30.5 new
625 ILCS 57/31 new
625 ILCS 57/31.5 new

Amends the Transportation Network Providers Act. Provides that if a transportation network company (TNC) rejects an individual applying to be a TNC driver, the TNC shall describe to the applicant, in writing, the reasons for their rejection along with documentation confirming that the applicant maintains one of the disqualifying conditions. Provides that every TNC driver has a right to inspect, copy, and receive copies of the specified documents, with exceptions. Provides that within 24 hours of each trip completion, the TNC must transmit a detailed electronic receipt to the TNC driver. Provides that each week, a TNC must transmit a weekly summary to a driver in writing or electronically containing certain information for the preceding calendar week. Requires a TNC to maintain a written plain-language deactivation policy that provides the policies and procedures for deactivation. Prohibits a TNC from deactivating a TNC driver for: (1) a violation not reasonably understood as part of a TNC's written deactivation policy; (2) a driver's ability to work a minimum number of hours; (3) a driver's acceptance or rejection of a ride, as long as the acceptance or rejection is not for a discriminatory purpose; (4) a driver's good faith statement regarding compensation or working conditions made publicly or privately; or (5) a driver asserting the driver's legal rights under any local, State, or federal law. Requires the TNC to provide notice at the time of deactivation or, for deactivations based on serious misconduct, within 3 days of the deactivation. Requires a TNC to adopt policies ensuring complete reimbursement to TNC drivers for any violations of a parking ordinance of a unit of local government. Provides that it is a violation of the Act for a TNC to retaliate through deactivation or in any other manner against a TNC driver for exercising any rights granted under the Act. Makes other changes. Effective January 1, 2026.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Transportation Network Providers Act is amended by changing Sections 5 and 15 and by adding Sections 27, 30.5, 31, and 31.5 as follows:

(625 ILCS 57/5)

(Section scheduled to be repealed on September 1, 2028)

Sec. 5. Definitions.

"Deactivation" means a TNC blocking a driver's access to a digital network, suspending a driver, or changing a driver's status from eligible to ineligible to provide prearranged rides for a TNC for more than 24 hours, or more than 72 hours when the TNC must investigate a claim against a driver. "Deactivation" does not include a driver's loss of access to the digital network that is contingent on a driver's compliance with licensing, insurance, or regulatory requirements or that can be resolved through unilateral action by the driver.

"Period 1" or "P1" means the time when a driver is logged into a TNC application, but has not accepted a ride offer.

"Period 2" or "P2" means the time when a driver is proceeding to pick up a rider after choosing to accept a ride offer.

"Period 3" or "P3" means the time when a driver is transporting a rider from a pick-up location to a drop-off location.

"Transportation network company" or "TNC" means an entity operating in this State that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A TNC is not deemed to own, control, operate, or manage the vehicles used by TNC drivers, and is not a taxicab association or a for-hire vehicle owner.

"Transportation network company driver" or "TNC driver" means an individual who operates a motor vehicle that is:

(1) owned, leased, or otherwise authorized for use by the individual;

(2) not a taxicab or for-hire public passenger vehicle; and

(3) used to provide transportation network company services.

"Transportation network company services" or "TNC services" means transportation of a passenger between points chosen by the passenger and prearranged with a TNC driver through the use of a TNC digital network or software application. TNC services shall begin when a TNC driver accepts a request for transportation received through the TNC's digital network or software application service, continue while the TNC driver transports the passenger in the TNC driver's vehicle, and end when the passenger exits the TNC driver's vehicle. TNC service is not a taxicab, for-hire vehicle, or street hail service.

(Source: Reenacted by P.A. 101-660, eff. 4-2-21.)

(625 ILCS 57/15)

(Section scheduled to be repealed on September 1, 2028)

Sec. 15. Driver requirements.

(a) Prior to permitting an individual to act as a TNC driver on its digital platform, the TNC shall:

(1) require the individual to submit an application to the TNC or a third party on behalf of the TNC, which includes information regarding his or her full legal name, social security number, address, age, date of birth, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC;

(2) conduct, or have a third party conduct, a local and national criminal history background check for each individual applicant that shall include:

(A) Multi-State or Multi-Jurisdictional Criminal Records Locator or other similar commercial nationwide database with validation (primary source search); and

(B) National Sex Offenders Registry database; and

(3) obtain and review a driving history research report for the individual.

(b) The TNC shall not permit an individual to act as a TNC driver on its digital platform who:

(1) has had more than 3 moving violations in the prior three-year period, or one major violation in the prior three-year period including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license;

(2) has been convicted, within the past 7 years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, or theft, acts of violence, or acts of terror;

(3) is a match in the National Sex Offenders Registry database;

(4) does not possess a valid driver's license;

(5) does not possess proof of registration for the motor vehicle used to provide TNC services;

(6) does not possess proof of automobile liability insurance for the motor vehicle used to provide TNC services; or

(7) is under 19 years of age.

(c) An individual who submits an application under paragraph (1) of subsection (a) that contains false or incomplete information shall be guilty of a petty offense.

(d) If a TNC rejects an individual applying to be a TNC driver for the failure to comply with a provision of this Section, the TNC shall describe to the applicant, in writing, the reasons for their rejection along with documentation confirming that the applicant maintains one of the disqualifying conditions.

(Source: P.A. 100-738, eff. 8-7-18. Reenacted by 101-660, eff. 4-2-21.)

(625 ILCS 57/27 new)

Sec. 27. Information transparency.

(a) Upon request in writing to their contracting TNC, every TNC driver has a right to inspect, copy, and receive copies of the following documents:

(1) any documents which are, have been, or are intended to be used in determining that TNC driver's qualifications to contract with the TNC, compensation, benefits, discharge, or other disciplinary action;

(2) any contracts or agreements that the TNC maintains is legally binding on the TNC driver;

(3) any handbooks that the TNC made available to the TNC driver or that the TNC driver acknowledged receiving;

(4) any written TNC policies or procedures that the TNC contends the TNC driver was subject to and that concern qualifications for their continued contract with the TNC, compensation, benefits, discharge, or other disciplinary action;

(5) any data collected by a TNC related to the TNC driver's performance; and

(6) any information contained in daily or weekly reports as described in subsections (c) and (d).

The inspection right encompasses documents in the possession of a person, corporation, partnership, or other association having a contractual agreement with the TNC to keep or supply such records. A TNC driver does not have a right under this Section to the documents categorized in subsection (b).

(b) The right of the TNC driver to inspect his or her records does not apply to:

(1) any portion of a test document, except that the TNC driver may see a cumulative total test score for either a section of or the entire test document;

(2) materials relating to the TNC's staff planning, such as matters relating to the business' development, expansion, closing or operational goals, where the materials relate to or affect more than one TNC driver; however, this exception does not apply if such materials are, have been, or are intended to be used by the TNC in determining a TNC driver's qualifications for continued contract, compensation, or benefits, or in determining that individual TNC driver's discharge or discipline;

(3) information of a personal nature about a person other than the TNC driver if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy;

(4) a TNC that does not maintain any personnel records;

(5) records relevant to any other pending claim between the TNC and the TNC driver which may be discovered in a judicial proceeding;

(6) investigatory or security records maintained by a TNC to investigate criminal conduct by a TNC driver or other activity by a TNC driver which could reasonably be expected to harm the TNC's property, operations, or business or could by the TNC driver's activity cause the TNC financial liability, unless and until the TNC takes adverse action based on information in such records; and

(7) a TNC's trade secrets, client lists, sales projections, and financial data.

(c) Within 24 hours of each trip completion, the TNC must transmit a detailed electronic receipt to the TNC driver containing the following information for each unique trip or portion of a unique trip:

(1) the date and pick-up and drop-off locations. In describing the pick-up and drop-off locations, the TNC shall describe the location by indicating the specific block in which the pick-up and drop-off occurred;

(2) the time and total mileage traveled from pick up to drop off of a rider or riders for P3;

(3) the time and total mileage traveled from acceptance of the assignment to completion for P2 and P3;

(4) total fare or fee paid by the rider or riders; and

(5) total compensation to the driver, specifying:

(A) any applicable rate or rates of pay, any applicable price multiplier, or variable pricing policy in effect;

(B) any gratuity; and

(C) an itemized list of all tolls, fees, or other pass-throughs from the rider charged to the driver.

(d) Each week, a TNC must transmit a weekly summary to a driver in writing or electronically containing the following information for the preceding calendar week:

(1) total time the driver logged into the TNC application;

(2) total time and mileage for P2 and P3 segments;

(3) total fares or fees paid by riders; and

(4) total compensation to the driver, including any gratuities.

Notice under this subsection must be provided in written plain language.

(625 ILCS 57/30.5 new)

Sec. 30.5. Deactivation.

(a) A TNC must maintain a written plain-language deactivation policy that provides the policies and procedures for deactivation. The TNC must make the deactivation policy available online, through the TNC's digital platform. Updates or changes to the policy must be provided to TNC drivers at least 48 hours before they go into effect. The deactivation policy must:

(1) state that the deactivation policy is enforceable as a term of the TNC's contract with a driver;

(2) provide drivers with a reasonable understanding of the circumstances that constitute a violation that may warrant deactivation under the deactivation policy and indicate the consequences known, including the specific number of days or range of days for a deactivation if applicable;

(3) describe fair and reasonable procedures for notifying a driver of a deactivation and the reason for the deactivation;

(4) describe fair, objective, and reasonable procedures and eligibility criteria for the reconsideration of a deactivation decision and the process by which a driver may request a deactivation appeal with the TNC; and

(5) be specific enough for a driver to understand what constitutes a violation of the policy and how to avoid violating the policy.

(b) A TNC must not deactivate a TNC driver for:

(1) a violation not reasonably understood as part of a TNC's written deactivation policy;

(2) a driver's ability to work a minimum number of hours;

(3) a driver's acceptance or rejection of a ride, as long as the acceptance or rejection is not for a discriminatory purpose;

(4) a driver's good faith statement regarding compensation or working conditions made publicly or privately; or

(5) a driver asserting the driver's legal rights under any local, State, or federal law.

(c) The TNC must provide notice at the time of the deactivation or, for deactivations based on serious misconduct, within 3 days of the deactivation. A written notice must include:

(1) the reason for deactivation;

(2) anticipated length of the deactivation, if known;

(3) what day the deactivation started on;

(4) an explanation of whether or not the deactivation can be reversed and clear steps for the driver to take to reverse a deactivation; and

(5) instructions for a driver to challenge the deactivation and information on their rights under the appeals process described in subsection (d).

(d) The deactivation policy must provide the driver with an opportunity to appeal the deactivation upon receipt of the notice and an opportunity to provide information to support the request. An appeal process must provide the driver with no less than 30 days from the date the notice was provided to the driver to appeal the deactivation and allow the driver to have the support of an advocate or attorney. Unless the TNC or the driver requests an additional 15 days, a TNC must review and make a final decision on the appeal within 15 days from the receipt of the requested appeal and information to support the request. A TNC may use a third party to assist with appeals. The TNC must consider any information presented by the driver under the appeal process. For a deactivation to be upheld, there must be evidence under the totality of the circumstances to find that it is more likely than not that a rule violation subjecting the driver to deactivation has occurred. This Section does not apply to deactivations for economic reasons or during a public state of emergency that are not targeted at a particular driver or drivers. If an unintentional deactivation of an individual driver occurs due to a purely technical issue and is not caused by any action or fault of the driver, the driver, upon request, must be provided reasonable compensation for the period of time the driver was not able to accept rides through the TNC capped at a maximum of 21 days. For the purposes of this subsection, "reasonable compensation" means compensation for each day the driver was deactivated using the driver's daily average in earnings from the TNC for the 90 days prior to the deactivation.

(625 ILCS 57/31 new)

Sec. 31. Parking violation reimbursement. By the effective date of this amendatory Act of the 104th General Assembly, a TNC must adopt policies ensuring complete reimbursement to TNC drivers for any violations of a parking ordinance of a unit of local government, as long as the TNC driver has submitted a request to the TNC containing the following information:

(1) the date and time the ticket for the parking violation was issued; and

(2) A signed attestation stating that the ticket was issued while the TNC driver was performing a function in connection to an assignment accepted through the TNC application; and

(3) An image of the ticket.

(625 ILCS 57/31.5 new)

Sec. 31.5. Retaliation and Enforcement.

(a) It is a violation of this Act for a TNC to retaliate through deactivation or in any other manner against a TNC driver for exercising any rights granted under this Act. Such retaliation shall subject a TNC to civil penalties pursuant to a private cause of action. The actions that are protected from retaliation include, but are not limited to:

(1) Making a complaint to a TNC, another TNC driver, before a public hearing, or to a State or federal agency that rights guaranteed under this Act have been violated;

(2) Causing to be instituted or proceeding under or related to this Act; or

(3) Testifying or preparing to testify in an investigation or proceeding under this Act.

(b) Actions may be brought by one or more TNC driver for and on behalf of themselves and other TNC drivers similarly situated. A TNC driver whose rights have been violated under this ACT by a TNC is entitled to collect:

(1) in the case of a violation of Section 27, compensatory damages and an amount up to $500;

(2) compensatory damages;

(3) in the case of a violation of Section 30.5, compensatory damages and an amount up to $1,000 per violation;

(4) in the case of unlawful retaliation, all legal or equitable relief as may be appropriate; and

(5) attorney's fees and costs.

Section 99. Effective date. This Act takes effect January 1, 2026.