Florida Senate - 2021                                     SB 566
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00637-21                                             2021566__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle rentals; amending s.
    3         212.05, F.S.; specifying the applicable sales tax rate
    4         on motor vehicle leases and rentals by motor vehicle
    5         rental companies and peer-to-peer car-sharing
    6         programs; requiring peer-to-peer car-sharing programs
    7         to collect and remit the applicable sales tax;
    8         amending s. 212.0606, F.S.; defining terms; specifying
    9         the applicable rental car surcharge on motor vehicle
   10         leases and rentals by motor vehicle rental companies
   11         and peer-to-peer car-sharing programs; specifying
   12         applicability of the surcharge; requiring motor
   13         vehicle rental companies and peer-to-peer car-sharing
   14         programs to collect the surcharge; requiring car
   15         sharing services to collect a certain surcharge;
   16         making technical changes; creating s. 627.7483, F.S.;
   17         defining terms; specifying insurance requirements for
   18         shared vehicle owners and shared vehicle drivers under
   19         peer-to-peer car-sharing programs; providing that a
   20         peer-to-peer car-sharing program has an insurable
   21         interest in a shared vehicle during certain periods;
   22         providing construction; authorizing peer-to-peer car
   23         sharing programs to own and maintain certain motor
   24         vehicle insurance policies; requiring peer-to-peer
   25         car-sharing programs to assume certain liability;
   26         providing exceptions; requiring a shared vehicle
   27         owner’s insurer to indemnify the peer-to-peer car
   28         sharing program under certain circumstances; providing
   29         an exemption from vicarious liability for peer-to-peer
   30         car-sharing programs and shared vehicle owners;
   31         authorizing motor vehicle insurers to exclude
   32         coverages and a duty to defend or indemnify claims
   33         under a shared vehicle owner’s policy; providing
   34         construction relating to exclusions; providing a right
   35         of contribution to a shared vehicle owner’s insurer
   36         for certain claims; requiring peer-to-peer car-sharing
   37         programs to provide certain information to shared
   38         vehicle owners regarding liens; specifying
   39         recordkeeping, record retention, and record-sharing
   40         requirements for peer-to-peer car-sharing programs;
   41         specifying disclosure requirements for peer-to-peer
   42         car-sharing program agreements; specifying driver
   43         license verification and data retention requirements
   44         for peer-to-peer car-sharing programs; providing that
   45         peer-to-peer car-sharing programs have sole
   46         responsibility for certain equipment in or on a shared
   47         vehicle; providing for indemnification regarding such
   48         equipment; specifying requirements for peer-to-peer
   49         car-sharing programs relating to safety recalls on a
   50         shared vehicle; providing construction; providing an
   51         effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Paragraph (c) of subsection (1) of section
   56  212.05, Florida Statutes, is amended to read:
   57         212.05 Sales, storage, use tax.—It is hereby declared to be
   58  the legislative intent that every person is exercising a taxable
   59  privilege who engages in the business of selling tangible
   60  personal property at retail in this state, including the
   61  business of making mail order sales, or who rents or furnishes
   62  any of the things or services taxable under this chapter, or who
   63  stores for use or consumption in this state any item or article
   64  of tangible personal property as defined herein and who leases
   65  or rents such property within the state.
   66         (1) For the exercise of such privilege, a tax is levied on
   67  each taxable transaction or incident, which tax is due and
   68  payable as follows:
   69         (c) At the rate of 6 percent of the gross proceeds derived
   70  from the lease or rental of tangible personal property, as
   71  defined herein; however, the following special provisions apply
   72  to the lease or rental of motor vehicles:
   73         1. When a motor vehicle is leased or rented by a motor
   74  vehicle rental company or a peer-to-peer car-sharing program, as
   75  those terms are defined in s. 212.0606(1), for a period of less
   76  than 12 months:
   77         a. If the motor vehicle is rented in Florida, the entire
   78  amount of such rental is taxable, even if the vehicle is dropped
   79  off in another state.
   80         b. If the motor vehicle is rented in another state and
   81  dropped off in Florida, the rental is exempt from Florida tax.
   82         c.If the motor vehicle is rented by a peer-to-peer car
   83  sharing program, the peer-to-peer car-sharing program must
   84  collect and remit the applicable tax due in connection with the
   85  rental.
   86         2. Except as provided in subparagraph 3., for the lease or
   87  rental of a motor vehicle for a period of not less than 12
   88  months, sales tax is due on the lease or rental payments if the
   89  vehicle is registered in this state; provided, however, that no
   90  tax shall be due if the taxpayer documents use of the motor
   91  vehicle outside this state and tax is being paid on the lease or
   92  rental payments in another state.
   93         3. The tax imposed by this chapter does not apply to the
   94  lease or rental of a commercial motor vehicle as defined in s.
   95  316.003(13)(a) to one lessee or rentee for a period of not less
   96  than 12 months when tax was paid on the purchase price of such
   97  vehicle by the lessor. To the extent tax was paid with respect
   98  to the purchase of such vehicle in another state, territory of
   99  the United States, or the District of Columbia, the Florida tax
  100  payable shall be reduced in accordance with the provisions of s.
  101  212.06(7). This subparagraph shall only be available when the
  102  lease or rental of such property is an established business or
  103  part of an established business or the same is incidental or
  104  germane to such business.
  105         Section 2. Section 212.0606, Florida Statutes, is amended
  106  to read:
  107         212.0606 Rental car surcharge.—
  108         (1) As used in this section, the term:
  109         (a)“Car-sharing service” means a membership-based
  110  organization or business, or division thereof, which requires
  111  the payment of an application fee or a membership fee and
  112  provides member access to motor vehicles:
  113         1.Only at locations that are not staffed by car-sharing
  114  service personnel employed solely for the purpose of interacting
  115  with car-sharing service members;
  116         2.Twenty-four hours per day, 7 days per week;
  117         3.Only through automated means, including, but not limited
  118  to, a smartphone application or an electronic membership card;
  119         4.On an hourly basis or for a shorter increment of time;
  120         5.Without a separate fee for refueling the motor vehicle;
  121         6.Without a separate fee for minimum financial
  122  responsibility liability insurance; and
  123         7.Owned or controlled by the car-sharing service or its
  124  affiliates.
  125         (b)“Motor vehicle rental company” means an entity that is
  126  in the business of providing, for financial consideration, motor
  127  vehicles to the public under a rental agreement.
  128         (c)“Peer-to-peer car-sharing program” has the same meaning
  129  as in s. 627.7483(1).
  130         (2) Except as provided in subsection (3) (2), a surcharge
  131  of $2 per day or any part of a day is imposed upon the lease or
  132  rental by a motor vehicle rental company or a peer-to-peer car
  133  sharing program of a motor vehicle that is licensed for hire and
  134  designed to carry fewer than nine passengers, regardless of
  135  whether the motor vehicle is licensed in this state, for
  136  financial consideration and without transfer of the title of the
  137  motor vehicle. The surcharge is imposed regardless of whether
  138  the lease or rental occurs in person or through digital means.
  139  The surcharge applies to only the first 30 days of the term of a
  140  lease or rental and must be collected by the motor vehicle
  141  rental company or the peer-to-peer car-sharing program. The
  142  surcharge is subject to all applicable taxes imposed by this
  143  chapter.
  144         (3)(2) A member of a car-sharing service who uses a motor
  145  vehicle as described in subsection (2) (1) for less than 24
  146  hours pursuant to an agreement with the car-sharing service
  147  shall pay a surcharge of $1 per usage. A member of a car-sharing
  148  service who uses the same motor vehicle for 24 hours or more
  149  shall pay a surcharge of $2 per day or any part of a day as
  150  provided in subsection (2) (1). The car-sharing service shall
  151  collect the surcharge For purposes of this subsection, the term
  152  “car-sharing service” means a membership-based organization or
  153  business, or division thereof, which requires the payment of an
  154  application or membership fee and provides member access to
  155  motor vehicles:
  156         (a)Only at locations that are not staffed by car-sharing
  157  service personnel employed solely for the purpose of interacting
  158  with car-sharing service members;
  159         (b)Twenty-four hours per day, 7 days per week;
  160         (c)Only through automated means, including, but not
  161  limited to, smartphone applications or electronic membership
  162  cards;
  163         (d)On an hourly basis or for a shorter increment of time;
  164         (e)Without a separate fee for refueling the motor vehicle;
  165         (f)Without a separate fee for minimum financial
  166  responsibility liability insurance; and
  167         (g)Owned or controlled by the car-sharing service or its
  168  affiliates.
  169  
  170  The surcharge imposed under this subsection does not apply to
  171  the lease, rental, or use of a motor vehicle from a location
  172  owned, operated, or leased by or for the benefit of an airport
  173  or airport authority.
  174         (4)(a)(3)(a) Notwithstanding s. 212.20, and less the costs
  175  of administration, 80 percent of the proceeds of this surcharge
  176  shall be deposited in the State Transportation Trust Fund, 15.75
  177  percent of the proceeds of this surcharge shall be deposited in
  178  the Tourism Promotional Trust Fund created in s. 288.122, and
  179  4.25 percent of the proceeds of this surcharge shall be
  180  deposited in the Florida International Trade and Promotion Trust
  181  Fund. For the purposes of this subsection, the term “proceeds of
  182  this surchargeof the surcharge means all funds collected and
  183  received by the department under this section, including
  184  interest and penalties on delinquent surcharges. The department
  185  shall provide the Department of Transportation rental car
  186  surcharge revenue information for the previous state fiscal year
  187  by September 1 of each year.
  188         (b) Notwithstanding any other provision of law, the
  189  proceeds deposited in the State Transportation Trust Fund shall
  190  be allocated on an annual basis in the Department of
  191  Transportation’s work program to each department district,
  192  except the Turnpike District. The amount allocated to each
  193  district shall be based on the amount of proceeds attributed to
  194  the counties within each respective district.
  195         (5)(a)(4) Except as provided in this section, the
  196  department shall administer, collect, and enforce the surcharge
  197  as provided in this chapter.
  198         (b)(a) The department shall require a dealer dealers to
  199  report surcharge collections according to the county to which
  200  the surcharge was attributed. For purposes of this section, the
  201  surcharge shall be attributed to the county where the rental
  202  agreement was entered into.
  203         (c)(b)A dealer Dealers who collects collect the rental car
  204  surcharge shall report to the department all surcharge revenues
  205  attributed to the county where the rental agreement was entered
  206  into on a timely filed return for each required reporting
  207  period. The provisions of this chapter which apply to interest
  208  and penalties on delinquent taxes apply to the surcharge. The
  209  surcharge shall not be included in the calculation of estimated
  210  taxes pursuant to s. 212.11. The dealer’s credit provided in s.
  211  212.12 does not apply to any amount collected under this
  212  section.
  213         (6)(5) The surcharge imposed by this section does not apply
  214  to a motor vehicle provided at no charge to a person whose motor
  215  vehicle is being repaired, adjusted, or serviced by the entity
  216  providing the replacement motor vehicle.
  217         Section 3. Section 627.7483, Florida Statutes, is created
  218  to read:
  219         627.7483Peer-to-peer car sharing; insurance requirements.—
  220         (1)DEFINITIONS.—As used in this section, the term:
  221         (a)“Car-sharing delivery period” means the period of time
  222  during which a shared vehicle is being delivered to the location
  223  of the car-sharing start time, if applicable, as documented by
  224  the governing peer-to-peer car-sharing program agreement.
  225         (b)“Car-sharing period” means the period of time that
  226  commences either at the car-sharing delivery period or, if there
  227  is no car-sharing delivery period, at the car-sharing start time
  228  and that ends at the car-sharing termination time.
  229         (c)“Car-sharing start time” means the time when the shared
  230  vehicle is under the control of the shared vehicle driver, which
  231  time occurs at or after the time the reservation of the shared
  232  vehicle is scheduled to begin, as documented in the records of a
  233  peer-to-peer car-sharing program.
  234         (d)“Car-sharing termination time” means the earliest of
  235  the following events:
  236         1.The expiration of the agreed-upon period of time
  237  established for the use of a shared vehicle according to the
  238  terms of the peer-to-peer car-sharing program agreement, if the
  239  shared vehicle is delivered to the location agreed upon in the
  240  peer-to-peer car-sharing program agreement;
  241         2.The time the shared vehicle is returned to a location as
  242  alternatively agreed upon by the shared vehicle owner and shared
  243  vehicle driver, as communicated through a peer-to-peer car
  244  sharing program; or
  245         3.The time the shared vehicle owner or the shared vehicle
  246  owner’s authorized designee takes possession and control of the
  247  shared vehicle.
  248         (e)“Peer-to-peer car sharing” or “car sharing” means the
  249  authorized use of a motor vehicle by an individual other than
  250  the vehicle’s owner through a peer-to-peer car-sharing program.
  251  For the purposes of this section, the term does not include the
  252  renting of a motor vehicle through a rental car company, the use
  253  of a for-hire vehicle as defined in s. 320.01(15), ridesharing
  254  as defined in s. 341.031(9), carpool as defined in s. 450.28(3),
  255  or the use of a motor vehicle under an agreement for a car
  256  sharing service as defined in s. 212.0606(1).
  257         (f)“Peer-to-peer car-sharing program” means a business
  258  platform that enables peer-to-peer car sharing by connecting
  259  motor vehicle owners with drivers for financial consideration.
  260  For the purposes of this section, the term does not include a
  261  rental car company, a car-sharing service as defined in s.
  262  212.0606(1), a taxicab association, or the owner of a for-hire
  263  vehicle as defined in s. 320.01(15).
  264         (g)“Peer-to-peer car-sharing program agreement” means the
  265  terms and conditions established by the peer-to-peer car-sharing
  266  program which are applicable to a shared vehicle owner and a
  267  shared vehicle driver and which govern the use of a shared
  268  vehicle through a peer-to-peer car-sharing program. For the
  269  purposes of this section, the term does not include a rental
  270  agreement or an agreement for a for-hire vehicle as defined in
  271  s. 320.01(15) or for a car-sharing service as defined in s.
  272  212.0606(1).
  273         (h)“Shared vehicle” means a motor vehicle that is
  274  available for sharing through a peer-to-peer car-sharing
  275  program. For the purposes of this section, the term does not
  276  include a rental car, a for-hire vehicle as defined in s.
  277  320.01(15), or a motor vehicle used for ridesharing as defined
  278  in s. 341.031(9), for carpool as defined in s. 450.28(3), or for
  279  car-sharing service as defined in s. 212.0606(1).
  280         (i)“Shared vehicle driver” means an individual who has
  281  been authorized by the shared vehicle owner to drive the shared
  282  vehicle under the peer-to-peer car-sharing program agreement.
  283         (j)“Shared vehicle owner” means the registered owner, or a
  284  natural person or an entity designated by the registered owner,
  285  of a motor vehicle made available for sharing to shared vehicle
  286  drivers through a peer-to-peer car-sharing program. For the
  287  purposes of this section, the term does not include an owner of
  288  a for-hire vehicle as defined in s. 320.01(15).
  289         (2)INSURANCE COVERAGE REQUIREMENTS.—
  290         (a)1.A peer-to-peer car-sharing program shall ensure that,
  291  during each car-sharing period, the shared vehicle owner and the
  292  shared vehicle driver are insured under a motor vehicle
  293  insurance policy that provides all of the following:
  294         a.Property damage liability coverage that meets the
  295  minimum coverage amounts required under s. 324.022.
  296         b.Bodily injury liability coverage limits as described in
  297  s. 324.021(7)(a) and (b).
  298         c.Personal injury protection benefits that meet the
  299  minimum coverage amounts required under s. 627.736.
  300         d.Uninsured and underinsured vehicle coverage as required
  301  under s. 627.727.
  302         2.The peer-to-peer car-sharing program shall also ensure
  303  that the motor vehicle insurance policy under subparagraph 1.:
  304         a.Recognizes that the shared vehicle insured under the
  305  policy is made available and used through a peer-to-peer car
  306  sharing program; or
  307         b.Does not exclude the use of a shared vehicle by a shared
  308  vehicle driver.
  309         (b)1.The insurance described under paragraph (a) may be
  310  satisfied by a motor vehicle insurance policy maintained by:
  311         a.A shared vehicle owner;
  312         b.A shared vehicle driver;
  313         c.A peer-to-peer car-sharing program; or
  314         d.A combination of a shared vehicle owner, a shared
  315  vehicle driver, and a peer-to-peer car-sharing program.
  316         2.The insurance policy maintained in subparagraph 1. which
  317  satisfies the insurance requirements under paragraph (a) is
  318  primary during each car-sharing period.
  319         3.a.If the insurance maintained by a shared vehicle owner
  320  or shared vehicle driver in accordance with subparagraph 1. has
  321  lapsed or does not provide the coverage required under paragraph
  322  (a), the insurance maintained by the peer-to-peer car-sharing
  323  program must provide the coverage required under paragraph (a),
  324  beginning with the first dollar of a claim, and must defend such
  325  claim, except under circumstances as set forth in subparagraph
  326  (3)(a)2.
  327         b.Coverage under a motor vehicle insurance policy
  328  maintained by the peer-to-peer car-sharing program must not be
  329  dependent on another motor vehicle insurer first denying a
  330  claim, and another motor vehicle insurance policy is not
  331  required to first deny a claim.
  332         c.Notwithstanding any other law, statute, rule, or
  333  regulation to the contrary, a peer-to-peer car-sharing program
  334  has an insurable interest in a shared vehicle during the car
  335  sharing period. This sub-subparagraph does not create liability
  336  for a peer-to-peer car-sharing program for maintaining the
  337  coverage required under paragraph (a) and under this paragraph,
  338  if applicable.
  339         d.A peer-to-peer car-sharing program may own and maintain
  340  as the named insured one or more policies of motor vehicle
  341  insurance which provide coverage for:
  342         (I)Liabilities assumed by the peer-to-peer car-sharing
  343  program under a peer–to–peer car-sharing program agreement;
  344         (II)Liability of the shared vehicle owner;
  345         (III)Liability of the shared vehicle driver;
  346         (IV)Damage or loss to the shared motor vehicle; or
  347         (V)Damage, loss, or injury to persons or property to
  348  satisfy the personal injury protection and uninsured and
  349  underinsured motorist coverage requirements of this section.
  350         e.Insurance required under paragraph (a), when maintained
  351  by a peer-to-peer car-sharing program, may be provided by an
  352  insurer authorized to do business in this state which is a
  353  member of the Florida Insurance Guaranty Association or an
  354  eligible surplus lines insurer that has a superior, excellent,
  355  exceptional, or equivalent financial strength rating by a rating
  356  agency acceptable to the office. A peer-to-peer car-sharing
  357  program is not transacting in insurance when it maintains the
  358  insurance required under this section.
  359         (3)LIABILITIES AND INSURANCE EXCLUSIONS.—
  360         (a)Liability.
  361         1.A peer-to-peer car-sharing program shall assume
  362  liability, except as provided in subparagraph 2., of a shared
  363  vehicle owner for bodily injury or property damage to third
  364  parties or uninsured and underinsured motorist or personal
  365  injury protection losses during the car-sharing period in an
  366  amount stated in the peer-to-peer car-sharing program agreement,
  367  which amount may not be less than those set forth in ss.
  368  324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
  369  respectively.
  370         2.The assumption of liability under subparagraph 1. does
  371  not apply if a shared vehicle owner:
  372         a.Makes an intentional or fraudulent material
  373  misrepresentation or omission to the peer-to-peer car-sharing
  374  program before the car-sharing period in which the loss occurs;
  375  or
  376         b.Acts in concert with a shared vehicle driver who fails
  377  to return the shared vehicle pursuant to the terms of the peer
  378  to-peer car-sharing program agreement.
  379         3.A peer-to-peer car-sharing program shall assume primary
  380  liability for a claim when it is in whole or in part providing
  381  the insurance required under paragraph (2)(a) and:
  382         a.A dispute exists as to who was in control of the shared
  383  motor vehicle at the time of the loss; and
  384         b.The peer-to-peer car-sharing program does not have
  385  available, did not retain, or fails to provide the information
  386  required under subsection (5).
  387  
  388  The shared vehicle owner’s insurer shall indemnify the peer-to
  389  peer car-sharing program to the extent of the insurer’s
  390  obligation, if any, under the applicable insurance policy if it
  391  is determined that the shared vehicle owner was in control of
  392  the shared motor vehicle at the time of the loss.
  393         (b)Vicarious liability.—A peer-to-peer car-sharing program
  394  and a shared vehicle owner are exempt from vicarious liability
  395  consistent with 49 U.S.C. s. 30106 (2005) under any state or
  396  local law that imposes liability solely based on vehicle
  397  ownership.
  398         (c)Exclusions in motor vehicle insurance policies.—An
  399  authorized insurer that writes motor vehicle liability insurance
  400  in this state may exclude any and all coverage and the duty to
  401  defend or indemnify for any claim afforded under a shared
  402  vehicle owner’s motor vehicle insurance policy, including, but
  403  not limited to:
  404         1.Liability coverage for bodily injury and property
  405  damage;
  406         2.Personal injury protection coverage;
  407         3.Uninsured and underinsured motorist coverage;
  408         4.Medical payments coverage;
  409         5.Comprehensive physical damage coverage; and
  410         6.Collision physical damage coverage.
  411  
  412  This paragraph does not invalidate or limit any exclusion
  413  contained in a motor vehicle insurance policy, including any
  414  insurance policy in use or approved for use which excludes
  415  coverage for motor vehicles made available for rent, sharing, or
  416  hire or for any business use.
  417         (d)Contribution against indemnification.—A shared vehicle
  418  owner’s motor vehicle insurer that defends or indemnifies a
  419  claim against a shared vehicle which is excluded under the terms
  420  of its policy has the right to seek contribution against the
  421  motor vehicle insurer of the peer-to-peer car-sharing program if
  422  the claim is:
  423         1.Made against the shared vehicle owner or the shared
  424  vehicle driver for loss or injury that occurs during the car
  425  sharing period; and
  426         2.Excluded under the terms of its policy.
  427         (4)NOTIFICATION OF IMPLICATIONS OF LIEN.—At the time a
  428  motor vehicle owner registers as a shared vehicle owner on a
  429  peer-to-peer car-sharing program and before the shared vehicle
  430  owner may make a shared vehicle available for car sharing on the
  431  peer-to-peer car-sharing program, the peer-to-peer car-sharing
  432  program must notify the shared vehicle owner that, if the shared
  433  vehicle has a lien against it, the use of the shared vehicle
  434  through a peer-to-peer car-sharing program, including the use
  435  without physical damage coverage, may violate the terms of the
  436  contract with the lienholder.
  437         (5)RECORDKEEPING.—A peer-to-peer car-sharing program
  438  shall:
  439         (a)Collect and verify records pertaining to the use of a
  440  shared vehicle, including, but not limited to, the times used,
  441  fees paid by the shared vehicle driver, and revenues received by
  442  the shared vehicle owner.
  443         (b)Retain the records in paragraph (a) for a time period
  444  not less than the applicable personal injury statute of
  445  limitations.
  446         (c)Provide the information contained in the records in
  447  paragraph (a) upon request to the shared vehicle owner, the
  448  shared vehicle owner’s insurer, or the shared vehicle driver’s
  449  insurer to facilitate a claim coverage investigation.
  450         (6)CONSUMER PROTECTIONS.—
  451         (a)Disclosures.—Each peer-to-peer car-sharing program
  452  agreement made in this state must disclose to the shared vehicle
  453  owner and the shared vehicle driver:
  454         1.Any right of the peer-to-peer car-sharing program to
  455  seek indemnification from the shared vehicle owner or the shared
  456  vehicle driver for economic loss resulting from a breach of the
  457  terms and conditions of the peer-to-peer car-sharing program
  458  agreement.
  459         2.That a motor vehicle insurance policy issued to the
  460  shared vehicle owner for the shared vehicle or to the shared
  461  vehicle driver does not provide a defense or indemnification for
  462  any claim asserted by the peer-to-peer car-sharing program.
  463         3.That the peer-to-peer car-sharing program’s insurance
  464  coverage on the shared vehicle owner and the shared vehicle
  465  driver is in effect only during each car-sharing period and
  466  that, for any use of the shared vehicle by the shared vehicle
  467  driver after the car-sharing termination time, the shared
  468  vehicle driver and the shared vehicle owner may not have
  469  insurance coverage.
  470         4.The daily rate, fees, and, if applicable, any insurance
  471  or protection package costs that are charged to the shared
  472  vehicle owner or the shared vehicle driver.
  473         5.That the shared vehicle owner’s motor vehicle liability
  474  insurance may exclude coverage for a shared vehicle.
  475         6.An emergency telephone number of the personnel capable
  476  of fielding calls for roadside assistance and other customer
  477  service inquiries.
  478         7.Any conditions under which a shared vehicle driver must
  479  maintain a personal motor vehicle insurance policy with certain
  480  applicable coverage limits on a primary basis in order to book a
  481  shared vehicle.
  482         (b)Driver license verification and data retention.
  483         1.A peer-to-peer car-sharing program may not enter into a
  484  peer-to-peer car-sharing program agreement with a driver unless
  485  the driver:
  486         a.Holds a driver license issued under chapter 322 which
  487  authorizes the driver to drive vehicles of the class of the
  488  shared vehicle;
  489         b.Is a nonresident who:
  490         (I)Holds a driver license issued by the state or country
  491  of the driver’s residence which authorizes the driver in that
  492  state or country to drive vehicles of the class of the shared
  493  vehicle; and
  494         (II)Is at least the same age as that required of a
  495  resident to drive; or
  496         c.Is otherwise specifically authorized by the Department
  497  of Highway Safety and Motor Vehicles to drive vehicles of the
  498  class of the shared vehicle.
  499         2.A peer-to-peer car-sharing program shall keep a record
  500  of:
  501         a.The name and address of the shared vehicle driver;
  502         b.The number of the driver license of the shared vehicle
  503  driver and each other person, if any, who will operate the
  504  shared vehicle; and
  505         c.The place of issuance of the driver license.
  506         (c)Responsibility for equipment.—A peer-to-peer car
  507  sharing program has sole responsibility for any equipment that
  508  is put in or on the shared vehicle to monitor or facilitate the
  509  peer-to-peer car-sharing transaction, including a GPS system.
  510  The peer-to-peer car-sharing program shall indemnify and hold
  511  harmless the shared vehicle owner for any damage to or theft of
  512  such equipment during the car-sharing period which is not caused
  513  by the shared vehicle owner. The peer-to-peer car-sharing
  514  program may seek indemnity from the shared vehicle driver for
  515  any damage to or loss of such equipment which occurs during the
  516  car-sharing period.
  517         (d)Motor vehicle safety recalls.—At the time a motor
  518  vehicle owner registers as a shared vehicle owner on a peer-to
  519  peer car-sharing program and before the shared vehicle owner may
  520  make a shared vehicle available for car sharing on the peer-to
  521  peer car-sharing program, the peer-to-peer car-sharing program
  522  must:
  523         1.Verify that the shared vehicle does not have any safety
  524  recalls on the vehicle for which the repairs have not been made;
  525  and
  526         2.Notify the shared vehicle owner that if the shared
  527  vehicle owner:
  528         a.Has received an actual notice of a safety recall on the
  529  vehicle, he or she may not make a vehicle available as a shared
  530  vehicle on the peer-to-peer car-sharing program until the safety
  531  recall repair has been made.
  532         b.Receives an actual notice of a safety recall on a shared
  533  vehicle while the shared vehicle is made available on the peer
  534  to-peer car-sharing program, he or she shall remove the shared
  535  vehicle as available on the peer-to-peer car-sharing program as
  536  soon as practicably possible after receiving the notice of the
  537  safety recall and until the safety recall repair has been made.
  538         c.Receives an actual notice of a safety recall while the
  539  shared vehicle is in the possession of a shared vehicle driver,
  540  he or she shall notify the peer-to-peer car-sharing program
  541  about the safety recall as soon as practicably possible after
  542  receiving the notice of the safety recall, so that he or she may
  543  address the safety recall repair.
  544         (7)CONSTRUCTION.—This section does not limit:
  545         (a)The liability of a peer-to-peer car-sharing program for
  546  any act or omission of the peer-to-peer car-sharing program
  547  which results in bodily injury to a person as a result of the
  548  use of a shared vehicle through peer-to-peer car sharing; or
  549         (b)The ability of a peer-to-peer car-sharing program to
  550  seek, by contract, indemnification from the shared vehicle owner
  551  or the shared vehicle driver for economic loss resulting from a
  552  breach of the terms and conditions of the peer-to-peer car
  553  sharing program agreement.
  554         Section 4. This act shall take effect January 1, 2022.