Senate bill NO. 103

INTRODUCED BY B. Beard

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING INSURANCE REQUIREMENTS FOR AIRPORT COURTESY CAR GRANT RECIPIENTS; AMENDING SECTION 67-10-904, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 67-10-904, MCA, is amended to read:

"67-10-904. Responsibilities and obligations of municipality and third party. (1) A municipality may apply to the department for a grant to provide courtesy car services at a qualified airport. The municipality may procure a third party and assign the third party to a qualified airport to manage the courtesy car program. A third party may be a fixed base operator, an airport manager, a nonprofit organization exempt from taxation under 26 U.S.C. 501(c)(3), or other responsible party. The municipality shall ensure that the third party is familiar with and complies with all conditions of the courtesy car program.

(2)        A municipality or third party may not provide a courtesy car for use by local residents or airport personnel except to facilitate incidental maintenance of the courtesy car.

(3)        A courtesy car may be used only between the awarded airport and the local trading or recreation area. Travel in a courtesy car across the state line or beyond the local trading or recreation area is prohibited.

(4)        A courtesy car must be kept at the awarded airport when not in use and must be available for users who fly into the airport.

(5)        (a) The recipient of the courtesy car grant shall procure liability insurance to protect itself and the department from risk of loss. Liability insurance limits must be a minimum of $750,000 for each claim and $1.5 million for each occurrence, as provided in 2-9-108. The department must be named as an additional insured as required by 61-6-301.

(b) Claims and actions against the courtesy car owner are subject to and are governed by Title 2, chapter 9, part 3.

(6)        A courtesy car may not be used unless the municipality or the third party has obtained certification that the user has personal motor vehicle liability insurance coverage as required in 61-6-301.

(7)        For airports owned, maintained, or operated by the state, the department may distribute grant money to a third party to purchase a courtesy car for use to and from the state airport as long as the department ensures the third party is familiar with and complies with all conditions of the courtesy car program.

(8)        In accordance with federal and state nondiscrimination laws and requirements, all vehicles purchased with grant funds from the courtesy car program or vehicles donated to the courtesy car program must be accessible to persons with disabilities or the grantee must provide a vehicle accessible to persons with disabilities upon on request."

Section 2. Effective date. [This act] is effective on passage and approval.