*Sponsorship has changed since the bill was introduced
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REFERENCE TITLE: airport fees prohibited; ride sharing |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2817 |
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*Introduced by Representatives Grantham: Allen J, Barto, Biasiucci, Blackman, Bolick, Bowers, Campbell, Carroll, Cobb, Cook, Dunn, Fillmore, Finchem, Griffin, Kavanagh, Kern, Lawrence, Meza, Nutt, Payne, Petersen, Pierce, Rivero, Roberts, Shope, Thorpe, Toma, Udall, Senators Borrelli, Fann, Farnsworth E, Gray, Leach, Mesnard, Pace, Ugenti-Rita
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AN ACT
amending sections 28‑142, 28-9551 and 28‑9557, Arizona Revised Statutes; relating to transportation network companies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-142, Arizona Revised Statutes, is amended to read:
28-142. Livery vehicle, taxi, transportation network company vehicle, transportation network company and limousine regulation; state preemption
A. The regulation of transportation network companies and the regulation and use of livery vehicles, taxis, transportation network company vehicles, transportation network companies and limousines are of statewide concern. Livery vehicles, taxis, transportation network company vehicles and limousines and their use and transportation network companies that are regulated pursuant to this title are not subject to further regulation by a county, city, town or other political subdivision of this state. , except that
B. Notwithstanding subsection A of this section, a public airport operator that operates a public airport pursuant to section 28‑8421, 28‑8423 or 28‑8424 or a public body operating a public airport may establish the number of livery vehicles, taxis, transportation network company vehicles, transportation network companies or limousines that may conduct business at a public airport or may set additional or more restrictive requirements for the conduct of that business at a public airport. The additional or more restrictive requirements may not include a tax, fee or assessment of any kind on transportation network companies for operating at a public airport. For the purposes of this subsection, "public body" has the same meaning prescribed in section 28-9551.
Sec. 2. Section 28-9551, Arizona Revised Statutes, is amended to read:
28-9551. Definitions
In this article, unless the context otherwise requires:
1. "Digital network or software application" means any online‑enabled application, software, website or system that is offered or used by a transportation network company and that enables a potential passenger to arrange a ride with a transportation network company driver.
2. "Public body" means this state or a county, city, town or political subdivision of this state and includes any related entity that operates a public airport in this state.
2. 3. "Trade dress" means a removable and distinct logo, insignia or emblem attached to or visible from the exterior of either of the following:
(a) A transportation network company vehicle during the performance of transportation network services.
(b) A taxi while providing vehicle for hire services.
3. 4. "Transportation network company" means an entity that has been issued a permit pursuant to this article, that operates in this state, that uses a digital network or software application to connect passengers to transportation network services provided by transportation network company drivers and that may but is not deemed to own, operate or control a personal motor vehicle of a transportation network company driver. Transportation network company does not include the following:
(a) This state or a county, city, town or political subdivision of this state and any related entity, a nonprofit agency or any other public body that coordinates, operates, promotes or sponsors public transportation or carpool or vanpool services.
(b) A program that is in place to meet federal air quality standards pursuant to section 49‑404.
(c) Any individual, company or activity that meets the requirements of a rental car agent or rental company as defined in section 20-331 if all of the following apply:
(i) Transportation is provided to another person or is arranged by the rental company but provided by another person.
(ii) The route is predetermined.
(iii) Any money exchanged between the provider of the transportation and the recipient does not exceed the cost of providing the transportation.
4. 5. "Transportation network company driver" means an individual who receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company and who operates a motor vehicle that is both of the following:
(a) Owned, leased or otherwise authorized for use by the individual.
(b) Used to provide transportation network services.
5. 6. "Transportation network company vehicle" means a motor vehicle that meets all of the following:
(a) Has a seating capacity not exceeding eight passengers, including the driver.
(b) Is authorized by a transportation network company.
(c) Is used by a transportation network company driver to provide transportation network services.
6. 7. "Transportation network services" means the transportation of a passenger between points chosen by the passenger and arranged with a transportation network company driver through the use of a transportation network company's digital network or software application beginning when a transportation network company driver accepts a request for transportation network services received through the transportation network company's digital network or software application, continuing while the transportation network company driver provides transportation network services in a transportation network company vehicle and ending when the passenger exits the transportation network company vehicle or when the trip is canceled.
Sec. 3. Section 28-9557, Arizona Revised Statutes, is amended to read:
28-9557. Transportation network companies; drivers; passengers; transaction privilege tax prohibited; taxes, fees, charges, assessments prohibited; public airport
A. A transportation network company that has a permit issued pursuant to this article and a transportation network company driver may not be required to pay a transaction privilege tax or any tax, fee, charge or assessment of any kind for operating at a public airport or any similar tax, fee, charge or assessment imposed by any taxing authority in this state on transactions in which a transportation network company driver is providing transportation network services.
Sec. 4. Retroactivity
This act applies retroactively to from and after December 31, 2017.