| 1 | 1 | | 1 HB160 |
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| 2 | 2 | | 2 208550-2 |
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| 3 | 3 | | 3 By Representatives Whitt and Reynolds |
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| 4 | 4 | | 4 RFD: Transportation, Utilities and Infrastructure |
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| 5 | 5 | | 5 First Read: 18-JAN-22 |
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| 6 | 6 | | |
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| 7 | 7 | | Page 0 1 208550-2:n:01/22/2021:CMH/bm LSA2020-2233R1 |
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| 8 | 8 | | 2 |
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| 9 | 9 | | 3 |
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| 10 | 10 | | 4 |
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| 11 | 11 | | 5 |
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| 12 | 12 | | 6 |
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| 13 | 13 | | 7 |
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| 14 | 14 | | 8 SYNOPSIS: This bill would provide requirements for car |
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| 15 | 15 | | 9 sharing programs that operate at an airport. |
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| 16 | 16 | | 10 |
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| 17 | 17 | | 11 A BILL |
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| 18 | 18 | | 12 TO BE ENTITLED |
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| 19 | 19 | | 13 AN ACT |
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| 20 | 20 | | 14 |
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| 21 | 21 | | 15 Relating to public transportation; to provide |
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| 22 | 22 | | 16 requirements for car sharing programs that operate at an |
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| 23 | 23 | | 17 airport. |
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| 24 | 24 | | 18 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 25 | 25 | | 19 Section 1. (a) As used in this section, the |
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| 26 | 26 | | 20 following terms shall have the following meanings: |
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| 27 | 27 | | 21 (1) CAR. Every vehicle that is self-propelled and |
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| 28 | 28 | | 22 used for transportation of persons, except for electric |
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| 29 | 29 | | 23 personal assistive mobility devices. |
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| 30 | 30 | | 24 (2) CAR SHARING. The authorized use of a shared car |
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| 31 | 31 | | 25 by persons other than the shared car's owner, facilitated by a |
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| 32 | 32 | | 26 car sharing program. |
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| 33 | 33 | | Page 1 1 (3) CAR SHARING AGREEMENT. The terms and conditions |
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| 34 | 34 | | 2 that apply to a shared car owner and a shared car driver and |
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| 35 | 35 | | 3 that govern the use of a shared car. |
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| 36 | 36 | | 4 (4) CAR SHARING PROGRAM. A person that is in the |
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| 37 | 37 | | 5 business of operating an online platform to connect |
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| 38 | 38 | | 6 third-party car owners with third-party car drivers to enable |
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| 39 | 39 | | 7 peer-to-peer car sharing within the state. The term does not |
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| 40 | 40 | | 8 include the registered owner of a car involved in car sharing |
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| 41 | 41 | | 9 facilitated by a car sharing program. |
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| 42 | 42 | | 10 (5) SHARED CAR. A car that is available for sharing |
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| 43 | 43 | | 11 through a car sharing program. |
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| 44 | 44 | | 12 (6) SHARED CAR DRIVER. An individual who has been |
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| 45 | 45 | | 13 authorized to drive a shared car by a car sharing program |
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| 46 | 46 | | 14 under a car sharing agreement. |
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| 47 | 47 | | 15 (7) SHARED CAR OWNER. A person that makes a shared |
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| 48 | 48 | | 16 car available for sharing to shared car drivers through a car |
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| 49 | 49 | | 17 sharing program. |
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| 50 | 50 | | 18 (b) A car sharing program that enables car sharing |
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| 51 | 51 | | 19 at an airport shall be deemed to be an off-site concessionaire |
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| 52 | 52 | | 20 operating at the airport and shall enter into a concession |
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| 53 | 53 | | 21 agreement with the airport authority before enabling car |
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| 54 | 54 | | 22 sharing, as provided in subsection (c), at the airport. The |
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| 55 | 55 | | 23 concession agreement required by this subsection shall contain |
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| 56 | 56 | | 24 the same or reasonably similar terms, conditions, standards, |
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| 57 | 57 | | 25 regulations, procedures, fees, and access requirements |
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| 58 | 58 | | 26 applicable to off-site rental car companies operating at the |
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| 59 | 59 | | 27 airport. Airport authorities may adopt rules for car sharing |
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| 60 | 60 | | Page 2 1 programs and impose fees on car sharing programs that enable |
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| 61 | 61 | | 2 car sharing at an airport. |
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| 62 | 62 | | 3 (c) A car sharing program enables car sharing at an |
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| 63 | 63 | | 4 airport if the car sharing program or a shared car owner uses |
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| 64 | 64 | | 5 the car sharing program to do any of the following: |
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| 65 | 65 | | 6 (1) List cars parked on airport property or at |
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| 66 | 66 | | 7 airport facilities. |
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| 67 | 67 | | 8 (2) Contract for transportation to or from airport |
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| 68 | 68 | | 9 facilities. |
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| 69 | 69 | | 10 (3) Facilitate the use of a shared car to transport |
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| 70 | 70 | | 11 airport passengers on or off of airport property. |
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| 71 | 71 | | 12 (4) Promote or market a shared car to transport |
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| 72 | 72 | | 13 airport passengers on or off of airport property. |
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| 73 | 73 | | 14 (d) A car sharing program shall collect and verify |
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| 74 | 74 | | 15 records concerning the use of a car, including times used, |
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| 75 | 75 | | 16 fees paid by the shared car driver, and revenues received by |
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| 76 | 76 | | 17 the shared car owner. A car sharing program shall provide |
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| 77 | 77 | | 18 these records upon request to the airport authority as |
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| 78 | 78 | | 19 required by a concession agreement. The car sharing program |
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| 79 | 79 | | 20 shall retain these records for at least three years. |
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| 80 | 80 | | 21 (e) If a car sharing program violates this section, |
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| 81 | 81 | | 22 the airport authority shall be entitled to an injunction |
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| 82 | 82 | | 23 prohibiting further violations of this section, actual |
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| 83 | 83 | | 24 damages, punitive damages, and reasonable attorneys' fees and |
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| 84 | 84 | | 25 costs. |
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| 85 | 85 | | Page 3 1 Section 2. This act shall become effective on the |
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| 86 | 86 | | 2 first day of the third month following its passage and |
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| 87 | 87 | | 3 approval by the Governor, or its otherwise becoming law. |
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| 88 | 88 | | Page 4 |
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