Missouri § 387.430 - State preemption on regulation — income and earnings taxes permitted — rules — airports, authorizations and restrictions.

§ 387.430. State preemption on regulation — income and earnings taxes permitted — rules — airports, authorizations and restrictions.

1.  Notwithstanding any other provision of law, TNCs and TNC drivers are governed exclusively by sections 387.400 to 387.440 and any rules promulgated by the department consistent with sections 387.400 to 387.440.  No municipality or other local or state entity may impose a tax on, or require a license for, a TNC, a TNC driver, or a vehicle used by a TNC driver where such tax or license relates to providing prearranged rides, or subject a TNC to the municipality or other local or state entity's rate, entry, operational, or other requirements.  Upon the enactment of this section^*, any municipality or other local entity's ordinance or policy that is inconsistent with sections 387.400 to 387.440 shall be void and shall have no force or effect.

2.  Nothing in this section shall prohibit an income tax imposed by the state or an earnings tax.

3.  The department of revenue may promulgate all necessary rules and regulations for the administration of sections 387.400 to 387.440.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 387.400 to 387.440 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  Sections 387.400 to 387.440 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void.

4.  (1)  Subject to subdivision (2) of this subsection, nothing in sections 387.400 to 387.440 shall restrict or limit an airport from:

(a)  Charging reasonable fees for the use of the airport or its facilities, provided that the fee is not assessed on a per-passenger basis.  Nothing in this section shall prohibit an airport from charging reasonable pickup or dropoff fees; or

(b)  Establishing operating procedures regarding staging, the dropping-off or picking-up of passengers at the airport, or use of airport facilities.

(2)  An airport shall not impose any regulatory or licensing requirement that is additional to or inconsistent with the requirements described in sections 387.400 to 387.440, including requirements for background checks or trade dress.  A TNC shall enter into an agreement with, or otherwise obtain authorization from, an airport prior to allowing TNC drivers to pick up passengers at the airport.

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(L. 2017 H.B. 130)

*The enactment date of this section is April 24, 2017.  The effective date of this section is August 28, 2017.

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