HOUSE BILL 71
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Dayan Hochman-Vigil
AN ACT
RELATING TO TRANSPORTATION; AMENDING THE MUNICIPAL AIRPORT LAW; PROVIDING DEFINITIONS; PROVIDING FOR AGREEMENTS FOR A RENTAL CAR COMPANY OR A PEER-TO-PEER VEHICLE SHARING PROVIDER TO OPERATE AT A MUNICIPAL AIRPORT FACILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-39-3 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-40-3, as amended) is repealed and a new Section 3-39-3 NMSA 1978 is enacted to read:
"3-39-3. [NEW MATERIAL] DEFINITIONS.--As used in the Municipal Airport Law:
A. "airport facility" includes a runway, taxiway, terminal, real estate, parking facility, hangar facility, maintenance facility for repair, construction and modification and any other facility related to aircraft or airports;
B. "bond" means any bond, note, temporary bond, interim certificate, negotiable instrument or any other evidence of indebtedness issued under the Municipal Airport Law;
C. "federal government" means the United States or any of its agencies;
D. "obligee" means any bondholder, trustee for any bondholders or lessor, or the bondholder's, trustee's or lessor's assignee, of property leased to the municipality for use in connection with an airport facility and the state or federal government when a party to a contract with the municipality by which aid is given to the municipality;
E. "peer-to-peer vehicle" means a motor vehicle that is available for use through a peer-to-peer vehicle sharing provider for a sharing period of thirty days or less that is registered as a private passenger vehicle pursuant to the laws of this or another state;
F. "peer-to-peer vehicle owner" means the registered owner of a peer-to-peer vehicle made available for peer-to-peer vehicle sharing facilitated by a peer-to-peer vehicle sharing provider;
G. "peer-to-peer vehicle sharing" means the authorized use of a peer-to-peer vehicle by an individual other than a peer-to-peer vehicle owner through a peer-to-peer vehicle sharing provider;
H. "peer-to-peer vehicle sharing provider" means a person or entity that, for consideration, is in the business of connecting, through internet platforms or otherwise, peer-to-peer vehicle owners with drivers to facilitate peer-to-peer vehicles for sharing. A "peer-to-peer vehicle sharing provider" is not a "transportation network company" as defined in the Transportation Network Company Services Act;
I. "rental car" means a motor vehicle that is intended to be rented or leased for a period of ninety consecutive days or less by a driver who is not required to possess a commercial driver's license to operate the motor vehicle and the motor vehicle is one of the following:
(1) a private passenger motor vehicle, including a passenger van, minivan or sports utility vehicle; or
(2) a cargo vehicle, including a cargo van, pickup truck or truck with a gross vehicle weight of less than twenty-six thousand pounds; and
J. "rental car company" means a person or entity in the business of renting rental cars to the public, including a franchise."
SECTION 2. A new section of the Municipal Airport Law is enacted to read:
"[NEW MATERIAL] AGREEMENTS FOR A RENTAL CAR COMPANY OR A PEER-TO-PEER VEHICLE SHARING PROVIDER TO OPERATE AT A MUNICIPAL AIRPORT FACILITY.--
A. A peer-to-peer vehicle sharing provider or a peer-to-peer vehicle owner shall not enable peer-to-peer vehicle sharing at an airport facility without having entered into an enabling agreement, which may be a concession agreement, with the governing body of the municipality or agency operating the airport or receiving written notice from the governing body that it waives the right to an agreement.
B. An enabling agreement pursuant to Subsection A of this section shall include or specifically waive provisions regarding:
(1) listing, publishing information about or advertising a peer-to-peer vehicle or a rental car parked at or on that airport facility;
(2) facilitating the transportation of airport customers to or from airport facilities, regardless of whether a peer-to-peer vehicle sharing agreement is to be initiated on or off the airport facility or property; and
(3) promoting or marketing a peer-to-peer vehicle sharing or a rental car to transport airport customers to or from the airport facility, regardless of whether that transportation is to be initiated or has a peer-to-peer vehicle sharing start time that occurs on or off the airport facility.
C. An agreement pursuant to Subsection A of this section shall set forth the same or reasonably similar standards, rules, procedures, fees and access requirements as other agreements at the same airport facility for rental car companies.
D. If a peer-to-peer vehicle sharing provider or peer-to-peer vehicle owner fails or refuses to enter into an agreement described in Subsection A of this section before that vehicle sharing provider or owner performs, participates in or undertakes any of the actions set forth in Subsection B of this section, the affected governing body of the airport may seek an injunction prohibiting operations of the peer-to-peer vehicle sharing provider or peer-to-peer vehicle owner and may seek damages and attorney fees from the peer-to-peer vehicle sharing provider or peer-to-peer vehicle owner.
E. The requirements of this section shall not be interpreted to limit the authority of a municipality to adopt ordinances or rules or enter into contracts regulating the use, operations or commercial activities with respect to an airport facility or property, provided that an agreement pursuant to Subsection A of this section must include a provision that the peer-to-peer vehicle sharing provider or the peer-to-peer vehicle owner agrees to pay all applicable taxes pursuant to the leased vehicle surcharge and the internet provisions of the Gross Receipts and Compensating Tax Act."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.