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Senate
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2290
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Introduced
SENATE
FILE
2290
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3091)
A
BILL
FOR
An
Act
relating
to
peer-to-peer
car
sharing
programs.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
516C.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
2
“
Peer-to-Peer
Car
Sharing
Program
Act”
.
3
Sec.
2.
NEW
SECTION
.
516C.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Car
sharing”
means
the
authorized
use
of
a
vehicle
7
by
an
individual
other
than
the
vehicle’s
owner
through
a
8
peer-to-peer
car
sharing
program.
9
2.
“Car
sharing
delivery
period”
means
the
time
period
in
10
which
a
shared
vehicle
is
being
delivered
to
the
location
of
a
11
car
sharing
start
time
pursuant
to
a
program
agreement.
12
3.
“Car
sharing
period”
means
the
period
of
time
commencing
13
with
either
the
car
sharing
delivery
period,
or,
if
there
is
no
14
car
sharing
delivery
period,
the
car
sharing
start
time,
and
15
ending
at
the
car
sharing
termination
time
as
established
in
a
16
program
agreement.
17
4.
“Car
sharing
start
time”
means
the
time
at
which
a
18
shared
vehicle
becomes
subject
to
the
control
of
the
shared
19
vehicle
driver
at
or
after
a
reservation
of
a
shared
vehicle
is
20
scheduled
to
begin
pursuant
to
a
program
agreement.
21
5.
“Car
sharing
termination
time”
means
the
earliest
of
any
22
of
the
following
events:
23
a.
The
expiration
of
the
period
of
time
established
by
the
24
program
agreement
for
the
use
of
a
shared
vehicle
by
a
shared
25
vehicle
driver,
if
the
shared
vehicle
driver
delivers
the
26
shared
vehicle
at
the
time
and
to
the
location
agreed
upon
in
27
the
program
agreement.
28
b.
The
time
when
the
shared
vehicle
owner
retakes
possession
29
or
control
of
the
shared
vehicle
from
a
shared
vehicle
driver.
30
c.
The
time
when
the
shared
vehicle
is
returned
to
an
31
alternate
location
as
agreed
upon
by
the
shared
vehicle
owner
32
and
shared
vehicle
driver
and
incorporated
into
the
program
33
agreement.
34
6.
“Peer-to-peer
car
sharing
program”
or
“program”
means
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a
business
platform
that
connects
shared
vehicle
owners
with
1
shared
vehicle
drivers
for
financial
consideration
pursuant
2
to
a
program
agreement.
“Peer-to-peer
car
sharing
program”
or
3
“program”
does
not
include
a
rental
car
company
as
defined
by
4
section
516D.3.
5
7.
“Program
agreement”
means
a
contract
executed
by
a
shared
6
vehicle
owner
and
a
shared
vehicle
driver
that
contains
the
7
terms
and
conditions
for
the
use
of
a
shared
vehicle
through
a
8
peer-to-peer
car
sharing
program.
“Program
agreement”
does
not
9
include
a
rental
agreement
as
defined
by
section
516D.3.
10
8.
“Shared
vehicle”
means
a
vehicle
that
is
available
for
11
sharing
through
a
peer-to-peer
car
sharing
program.
“Shared
12
vehicle”
does
not
include
a
rental
vehicle
as
that
term
is
13
defined
in
section
516D.3.
14
9.
“Shared
vehicle
driver”
means
an
individual
authorized
to
15
drive
a
shared
vehicle
pursuant
to
a
program
agreement.
16
10.
“Shared
vehicle
owner”
means
a
registered
owner,
or
the
17
registered
owner’s
designee,
of
a
vehicle
made
available
for
18
car
sharing.
19
11.
“Vehicle”
means
any
self-propelled
motor
vehicle
subject
20
to
registration
under
chapter
321,
or
under
the
laws
of
another
21
state,
that
is
designed
primarily
for
carrying
no
more
than
22
nine
passengers
at
any
one
time.
“Vehicle”
does
not
include
a
23
motorcycle
or
motorized
bicycle.
24
Sec.
3.
NEW
SECTION
.
516C.3
Program
——
assumption
of
25
liability.
26
1.
Except
as
provided
in
subsection
2,
a
program
shall
27
assume
liability
for
a
shared
vehicle
owner
for
all
bodily
28
injuries
or
property
damage
to
a
third
party
during
a
car
29
sharing
period
involving
the
shared
vehicle
owner’s
vehicle
30
in
the
liability
amount
stated
in
the
applicable
program
31
agreement,
but
not
less
than
the
liability
amounts
under
32
section
321A.21.
Notwithstanding
the
definition
of
“car
sharing
33
termination
time”
in
section
516C.2,
the
assumption
of
liability
34
shall
apply
to
bodily
injury
and
property
damage
losses
by
a
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damaged
third
party
as
required
under
section
321A.21.
1
2.
The
assumption
of
liability
by
a
program
pursuant
to
2
subsection
1
shall
not
apply
to
a
shared
vehicle
owner
if,
3
prior
to
or
during
a
car
sharing
period
described
in
subsection
4
1,
the
shared
vehicle
owner
does
any
of
the
following:
5
a.
Makes
an
intentional
or
fraudulent
material
6
misrepresentation
or
omission
to
the
program.
7
b.
Acts
in
concert
with
the
shared
vehicle
driver
to
have
8
the
shared
vehicle
driver
fail
to
return
the
shared
vehicle
9
according
to
the
terms
of
the
program
agreement.
10
3.
Notwithstanding
any
other
provision
of
law
to
the
11
contrary,
a
program
and
a
shared
vehicle
owner
shall
not
be
12
liable
under
any
state
or
local
law
that
imposes
liability
13
based
on
vehicle
ownership
consistent
with
the
provisions
of
14
49
U.S.C.
§30106.
15
Sec.
4.
NEW
SECTION
.
516C.4
Motor
vehicle
liability
16
insurance
requirements
——
claims.
17
1.
a.
A
program
shall
ensure
that,
during
a
car
sharing
18
period,
a
shared
vehicle
owner
and
a
shared
vehicle
driver
are
19
insured
under
a
motor
vehicle
liability
insurance
policy
that
20
provides
insurance
coverage
in
an
amount
not
less
than
the
21
minimum
amounts
set
forth
in
section
321A.21.
22
b.
The
liability
policy
under
paragraph
“a”
must
meet
either
23
of
the
following
requirements:
24
(1)
The
liability
policy
recognizes
that
the
vehicle
25
covered
by
the
liability
policy
is
made
available
and
used
26
through
a
peer-to-peer
car
sharing
program.
27
(2)
The
liability
policy
does
not
expressly
prohibit
the
28
use
of
the
vehicle
covered
by
the
liability
policy
as
a
shared
29
vehicle.
30
2.
The
liability
insurance
coverage
requirements
under
31
this
section
may
be
satisfied
by
any
of
the
following,
or
a
32
combination
of
any
of
the
following:
33
a.
A
liability
policy
maintained
by
the
shared
vehicle
34
owner.
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b.
A
liability
policy
maintained
by
the
shared
vehicle
1
driver.
2
c.
A
liability
policy
maintained
by
the
program.
3
3.
The
motor
vehicle
liability
insurance
policy
under
4
subsection
1,
paragraph
“a”
,
shall
be
primary
during
each
5
car
sharing
period
and
if
during
the
car
sharing
period
a
6
claim
occurs
in
another
state
that
requires
minimum
financial
7
responsibility
limits
higher
than
the
minimum
limits
required
8
by
subsection
1,
paragraph
“a”
,
the
coverage
maintained
under
9
this
section
shall
satisfy
the
difference
in
the
required
10
minimum
coverage
amounts,
up
to
the
applicable
policy
limit.
11
4.
An
insurer
or
program
providing
coverage
under
12
subsection
2
shall
assume
primary
liability
for
a
claim
under
13
the
liability
policy
in
all
of
the
following
circumstances:
14
a.
There
is
a
dispute
as
to
the
individual
in
control
of
15
the
shared
vehicle
at
the
time
of
an
event
giving
rise
to
a
16
claim
and
the
program
is
unable
to
comply
with
section
516C.12,
17
subsection
2.
18
b.
There
is
a
dispute
as
to
whether
the
shared
vehicle
was
19
returned
to
the
agreed
location
at
the
car
sharing
termination
20
time
pursuant
to
section
516C.2,
subsection
5,
paragraph
“c”
.
21
5.
If,
at
the
time
of
a
claim,
the
liability
policy
22
maintained
by
a
shared
vehicle
owner
or
a
shared
vehicle
driver
23
has
lapsed
or
does
not
provide
the
required
coverage,
the
24
liability
policy
maintained
by
the
program
shall
provide
the
25
required
coverage
beginning
with
the
first
dollar
of
the
claim
26
and
the
program
shall
defend
such
claim
under
the
program’s
27
liability
policy,
not
including
a
claim
under
section
516C.3,
28
subsection
2.
29
6.
Notwithstanding
any
other
provision
of
law
to
the
30
contrary,
a
program
shall
have
an
insurable
interest
in
a
31
shared
vehicle
during
the
car
sharing
period.
32
7.
A
program
may
own
and
maintain,
as
the
named
insured,
one
33
or
more
motor
vehicle
liability
policies
that
provide
coverage
34
for
any
of
the
following:
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a.
Liabilities
assumed
by
the
program
under
a
car
sharing
1
agreement.
2
b.
Liability
of
a
shared
vehicle
owner
or
a
shared
vehicle
3
driver.
4
c.
Any
damage
to,
or
loss
of,
a
shared
vehicle.
5
8.
Coverage
under
a
liability
insurance
policy
maintained
6
by
a
program
shall
not
be
dependent
on
another
insurer
or
7
another
liability
insurance
policy
first
denying
a
claim.
8
9.
This
section
shall
not
be
construed
to
create
liability
9
on
a
program
to
maintain
a
liability
insurance
policy.
10
10.
This
section
shall
not
be
construed
to
limit
the
11
liability
of
a
program
for
an
act
or
omission
of
the
program
12
that
results
in
injury
to
a
person
as
a
result
of
the
use
of
a
13
shared
vehicle
through
a
program.
14
11.
This
section
shall
not
be
construed
to
limit
the
ability
15
of
a
program
to
contractually
seek
indemnification
from
a
16
shared
vehicle
owner
or
a
shared
vehicle
driver
for
economic
17
loss
sustained
by
the
program
resulting
from
a
breach
of
the
18
terms
and
conditions
of
the
program
agreement.
19
Sec.
5.
NEW
SECTION
.
516C.5
Liability
policy
——
exclusions.
20
1.
A
motor
vehicle
liability
policy
may
exclude
coverage
21
for,
and
the
duty
to
defend
or
indemnify,
a
shared
vehicle
22
owner
for
any
claims
arising
out
of
the
shared
vehicle
owner’s
23
participation
in
a
program,
including
but
not
limited
to
the
24
following:
25
a.
Liability
coverage
for
bodily
injury
and
property
damage.
26
b.
Personal
accident
coverage.
27
c.
Uninsured
and
underinsured
motorist
coverage.
28
d.
Medical
payments
coverage.
29
e.
Comprehensive
physical
damage
coverage.
30
f.
Collision
physical
damage
coverage.
31
2.
This
chapter
shall
not
be
construed
to
invalidate,
limit,
32
or
restrict
an
exclusion
in
a
liability
policy,
including
an
33
exclusion
of
coverage
for
vehicles
made
available
for
rent,
34
sharing,
hire,
or
any
business
use.
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3.
This
chapter
shall
not
be
construed
to
invalidate,
limit,
1
or
restrict
an
insurance
carrier’s
ability
to
underwrite
an
2
insurance
policy,
or
to
cancel
or
to
not
renew
an
insurance
3
policy.
4
Sec.
6.
NEW
SECTION
.
516C.6
Contribution
against
5
indemnification.
6
If
an
insurance
carrier
that
issued
a
liability
policy
7
defends
or
indemnifies
a
claim
against
a
shared
vehicle
owner
8
or
a
shared
vehicle
driver
for
a
loss
or
injury
that
occurs
9
during
a
car
sharing
period,
and
the
claim
is
excluded
under
10
the
terms
of
the
liability
policy,
the
insurance
carrier
may
11
seek
recovery
against
the
program’s
liability
policy.
12
Sec.
7.
NEW
SECTION
.
516C.7
Responsibility
for
physical
13
equipment.
14
A
program
shall
be
exclusively
responsible
for
any
15
equipment,
including
a
global
positioning
system
or
other
16
special
equipment,
used
to
monitor
or
facilitate
a
car
sharing
17
transaction.
A
program
shall
agree
to
indemnify,
and
shall
not
18
hold
responsible,
a
shared
vehicle
owner
for
any
damage
to,
19
or
theft
of,
any
equipment
placed
in
or
on
a
shared
vehicle
20
during
the
car
sharing
period
unless
the
damage
to,
or
theft
21
of,
the
equipment
is
the
fault
of
the
shared
vehicle
owner.
22
The
program
may
seek
indemnity
from
the
shared
vehicle
driver
23
for
loss
or
damage
to
such
equipment
that
occurs
during
the
car
24
sharing
period.
25
Sec.
8.
NEW
SECTION
.
516C.8
Program
agreements.
26
1.
A
program
agreement
shall
disclose
to
a
shared
vehicle
27
owner
and
shared
vehicle
driver
all
of
the
following:
28
a.
That
a
shared
vehicle
owner’s
or
the
shared
vehicle
29
driver’s
motor
vehicle
liability
insurance
policy
does
not
30
provide
a
defense
or
indemnification
for
a
claim
asserted
by
31
the
program.
32
b.
Any
right
the
program
has
to
seek
indemnification
from
33
the
shared
vehicle
owner
or
the
shared
vehicle
driver
for
any
34
economic
losses
incurred
by
the
program
as
a
result
of
a
breach
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of
the
terms
and
conditions
of
the
program
agreement
by
the
1
shared
vehicle
owner
or
the
shared
vehicle
driver.
2
c.
That
the
program’s
liability
policy
coverage
for
the
3
shared
vehicle
owner
and
the
shared
vehicle
driver
is
only
4
in
effect
for
the
car
sharing
period
and
that
the
program’s
5
liability
policy
coverage
does
not
cover
the
shared
vehicle
6
driver
and
the
shared
vehicle
owner
for
any
use
of
the
shared
7
vehicle
by
the
shared
vehicle
driver
outside
of
the
car
sharing
8
period.
9
d.
That
the
shared
vehicle
owner’s
motor
vehicle
liability
10
insurance
policy
may
not
provide
coverage
for
a
shared
vehicle.
11
e.
An
emergency
telephone
number
for
personnel
capable
12
of
fielding
roadside
assistance,
and
a
telephone
number
for
13
customer
service
inquiries.
14
f.
The
daily
rate,
fees,
and,
if
applicable,
any
costs
for
15
insurance
or
a
protection
package
that
is
charged
to
the
shared
16
vehicle
owner
or
the
shared
vehicle
driver.
17
Sec.
9.
NEW
SECTION
.
516C.9
Program
agreement
——
approved
18
parties.
19
A
program
shall
only
enter
into
a
program
agreement
with
the
20
following
persons:
21
1.
A
resident
of
this
state
who
holds
a
driver’s
license
22
issued
in
this
state
that
authorizes
the
person
to
operate
a
23
vehicle
of
the
class
of
the
shared
vehicle
that
is
the
subject
24
of
the
program
agreement.
25
2.
A
nonresident
of
this
state
who
holds
a
driver’s
license
26
issued
by
the
state
or
country
of
the
person’s
residence
that
27
authorizes
the
person
to
operate
a
vehicle
of
the
class
of
the
28
shared
vehicle
that
is
the
subject
of
the
program
agreement,
29
and
is
at
least
the
minimum
age
required
by
this
state
to
30
operate
a
vehicle
of
that
class.
31
3.
A
person
who
is
specifically
authorized
by
this
state
to
32
operate
a
vehicle
of
the
class
of
the
shared
vehicle
that
is
33
the
subject
of
the
program
agreement.
34
4.
A
program
shall
keep
permanent
records
of
all
of
the
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following:
1
a.
The
names
and
address
of
each
shared
vehicle
driver.
2
b.
The
driver’s
license
number
and
place
of
issuance
of
each
3
shared
vehicle
driver,
and
any
other
person
who
may
operate
a
4
shared
vehicle
under
a
program
agreement.
5
Sec.
10.
NEW
SECTION
.
516C.10
Shared
vehicles
——
safety
6
recalls.
7
1.
On
the
date
a
person
registers
as
a
shared
vehicle
owner,
8
and
prior
to
the
time
a
shared
vehicle
owner
makes
a
shared
9
vehicle
available
for
car
sharing,
the
program
shall
do
all
of
10
the
following:
11
a.
Verify
that
a
safety
recall
has
not
been
issued
for
the
12
shared
vehicle
for
which
repairs
have
not
been
made.
13
b.
Notify
the
shared
vehicle
owner
of
the
requirements
under
14
subsection
2.
15
2.
a.
If
a
shared
vehicle
owner
receives
actual
notice
of
a
16
safety
recall
before
the
vehicle
is
made
available
as
a
shared
17
vehicle,
the
person
shall
not
make
the
vehicle
available
for
18
car
sharing
until
the
safety
repair
has
been
made.
19
b.
If
a
shared
vehicle
owner
receives
actual
notice
of
a
20
safety
recall
while
the
shared
vehicle
is
available
for
car
21
sharing,
the
shared
vehicle
owner
shall
remove
the
shared
22
vehicle
from
the
program
as
soon
as
practicably
possible,
and
23
shall
not
make
the
vehicle
available
for
car
sharing
until
24
after
the
safety
recall
repair
has
been
made.
25
c.
If
a
shared
vehicle
owner
receives
actual
notice
of
a
26
safety
recall
on
a
shared
vehicle
while
the
shared
vehicle
is
27
being
used
by,
or
is
in
the
possession
of,
a
shared
vehicle
28
driver,
the
shared
vehicle
owner
shall,
as
soon
as
practicable,
29
notify
the
program
about
the
safety
recall
and
the
shared
30
vehicle
owner
shall
address
the
safety
recall
repair.
31
Sec.
11.
NEW
SECTION
.
516C.11
Shared
vehicles
——
liens.
32
If
there
is
a
lien
on
a
shared
vehicle,
the
program
shall
33
notify
the
shared
vehicle
owner
when
the
vehicle
owner
34
registers
as
a
shared
vehicle
owner,
and
again
immediately
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prior
to
the
time
the
vehicle
is
made
available
for
car
1
sharing,
that
the
vehicle’s
use
as
a
shared
vehicle
may
violate
2
the
terms
of
the
contract
with
the
lienholder.
3
Sec.
12.
NEW
SECTION
.
516C.12
Recordkeeping.
4
1.
A
program
shall
collect
and
verify
records
relating
to
5
the
use
of
each
shared
vehicle,
including
all
of
the
following:
6
a.
All
dates
and
times
that
the
shared
vehicle
is
the
7
subject
of
a
program
agreement.
8
b.
The
location
of
each
car
sharing
start
time
and
each
car
9
sharing
termination
time.
10
c.
All
fees
paid
by
each
shared
vehicle
driver.
11
d.
All
revenue
received
by
the
shared
vehicle
owner.
12
2.
Upon
request,
a
program
shall
provide
the
information
13
collected
pursuant
to
subsection
1
to
the
shared
vehicle
owner,
14
the
insurance
carrier
for
the
shared
vehicle
owner’s
liability
15
policy,
or
the
insurance
carrier
for
the
shared
vehicle
16
driver’s
liability
policy,
for
purposes
of
a
claim
coverage
17
investigation,
settlement,
negotiation,
or
litigation
related
18
to
a
claim
incurred
during
a
car
sharing
period.
19
3.
A
program
shall
retain
the
records
under
subsection
1
for
20
the
period
required
under
section
614.1,
subsection
2.
21
Sec.
13.
RULES.
The
commissioner
of
insurance
may
adopt
22
rules
pursuant
to
chapter
17A
as
necessary
to
administer
this
23
Act.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
peer-to-peer
car
sharing
programs.
28
“Peer-to-peer
car
sharing
program”
(program)
is
defined
in
the
29
bill.
30
Under
the
bill,
a
program
assumes
liability
to
a
shared
31
vehicle
owner
(owner)
for
all
bodily
injuries
or
property
32
damage
to
a
third
party
during
the
car
sharing
period
in
the
33
amount
stated
in
the
program
agreement
(agreement),
but
not
34
less
than
the
amounts
provided
in
Code
section
321A.21.
The
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assumption
of
liability
shall
apply
to
bodily
injury
and
1
property
damage
losses
by
a
damaged
third
party
as
required
2
under
Code
section
321A.21.
“Shared
vehicle
owner”,
“car
3
sharing
period”,
and
“program
agreement”
are
defined
in
the
4
bill.
The
assumption
of
liability
by
a
program
shall
not
5
apply
if
the
owner
makes
an
intentional
or
fraudulent
material
6
misrepresentation
or
omission
to
the
program
prior
to
the
car
7
sharing
period,
or
acts
in
concert
with
a
shared
vehicle
driver
8
(driver)
to
have
the
driver
fail
to
return
the
shared
vehicle
9
according
to
the
terms
of
the
agreement.
“Shared
vehicle
10
driver”
is
defined
in
the
bill.
Under
the
bill,
a
program
and
11
an
owner
shall
be
exempt
from
liability
under
any
state
or
12
local
law
that
imposes
liability
based
on
vehicle
ownership
13
consistent
with
49
U.S.C.
§30106.
14
The
bill
requires
a
program
to
ensure
that
a
motor
vehicle
15
liability
policy
(liability
policy)
is
in
effect
during
each
16
car
sharing
period,
and
the
policy
may
be
maintained
by
the
17
owner,
the
driver,
the
program,
or
any
combination
of
the
18
three.
“Motor
vehicle
liability
policy”
is
defined
in
the
19
bill.
The
liability
policy
must
either
recognize
that
the
20
shared
vehicle
will
be
made
available
and
used
through
a
21
program,
or
not
expressly
exclude
the
use
of
the
vehicle
as
22
a
shared
vehicle.
The
liability
policy
shall
be
primary
23
during
each
car
sharing
period
and
if
during
the
car
sharing
24
period
a
claim
occurs
in
another
state
that
requires
minimum
25
financial
responsibility
limits
higher
than
required
by
26
the
bill,
the
coverage
shall
satisfy
the
difference
in
the
27
required
minimum
coverage
amounts,
up
to
the
policy
limit.
28
The
insurer
or
program
providing
coverage
under
a
liability
29
policy
assumes
primary
liability
for
a
claim
under
the
policy
30
in
the
circumstances
described
in
the
bill.
If,
at
the
time
of
31
a
claim,
the
liability
policy
maintained
by
the
owner
or
the
32
driver
has
lapsed
or
does
not
provide
coverage,
the
liability
33
policy
maintained
by
the
program
shall
provide
the
necessary
34
coverage
for
the
claim,
and
the
program
shall
defend
a
claim
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under
the
program’s
liability
policy.
The
bill
creates
an
1
insurable
interest
for
a
program
in
a
shared
vehicle
during
2
the
car
sharing
period.
A
program
may
maintain
as
the
named
3
insured
one
or
more
liability
policies
that
provide
coverage
4
for
liabilities
assumed
by
the
program
under
a
car
sharing
5
agreement,
liability
of
the
owner
or
the
driver,
or
any
damage
6
to,
or
loss
of,
a
shared
vehicle.
Coverage
under
a
policy
7
maintained
by
a
program
shall
not
be
dependent
on
another
8
insurer
or
policy
first
denying
a
claim.
Code
section
516C.4
9
shall
not
be
construed
to
create
liability
on
a
program
to
10
maintain
a
liability
insurance
policy,
to
limit
the
liability
11
of
a
program
for
an
act
or
omission
that
results
in
injury
to
a
12
person,
or
to
limit
the
ability
of
a
program
to
contractually
13
seek
indemnification
from
an
owner
or
a
driver.
14
A
liability
policy
may
exclude
coverage,
and
the
duty
to
15
defend
or
indemnify
an
owner,
for
any
claims
arising
out
of
a
16
program,
including
liability
coverage
for
bodily
injury
and
17
property
damage,
personal
accident
coverage,
uninsured
and
18
underinsured
motorist
coverage,
medical
payments
coverage,
19
comprehensive
physical
damage
coverage,
and
collision
20
physical
damage
coverage.
The
bill
shall
not
be
construed
to
21
invalidate,
limit,
or
restrict
an
exclusion
in
a
liability
22
policy,
including
an
exclusion
of
coverage
for
vehicles
made
23
available
for
rent,
sharing,
hire,
or
any
business
use.
The
24
bill
shall
not
be
construed
to
invalidate,
limit,
or
restrict
25
an
insurance
carrier’s
ability
to
underwrite
an
insurance
26
policy
or
to
cancel
or
not
to
renew
an
insurance
policy.
27
A
liability
policy
that
defends
or
indemnifies
a
claim
made
28
against
an
owner
or
a
driver
for
loss
or
injury
that
occurred
29
during
a
car
sharing
period,
where
the
claim
is
excluded
under
30
the
terms
of
the
liability
policy,
may
seek
recovery
against
31
the
program’s
liability
policy.
A
program
shall
be
exclusively
32
responsible
for
any
equipment
placed
in
or
on
a
shared
vehicle
33
to
monitor
or
facilitate
the
car
sharing
transaction,
unless
34
damage
to
or
theft
of
such
equipment
is
the
fault
of
the
shared
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vehicle
owner.
The
program
may
seek
indemnity
from
the
shared
1
vehicle
driver
for
loss
or
damage
to
such
equipment
that
occurs
2
during
the
car
sharing
period.
3
The
bill
requires
an
agreement
to
disclose
to
the
owner
4
and
the
driver
(1)
that
the
applicable
liability
policy
5
does
not
provide
a
defense
or
indemnification
for
a
claim
6
asserted
by
the
program;
(2)
any
right
of
the
program
to
seek
7
indemnification
from
the
owner
or
driver
for
economic
loss
8
resulting
from
a
breach
of
the
terms
and
conditions
of
the
9
program;
(3)
that
the
program’s
liability
policy
coverage
10
of
the
owner
and
driver
terminates
upon
the
car
sharing
11
termination
time;
(4)
that
the
owner’s
liability
policy
may
12
not
cover
a
shared
vehicle;
(5)
emergency
telephone
numbers
13
for
personnel
capable
of
fielding
roadside
assistance
and
for
14
customer
service;
and
(6)
the
daily
rate,
fees,
and
any
costs
15
of
insurance
or
protection
packages
that
are
charged
to
the
16
owner
or
driver.
An
agreement
shall
also
include
an
emergency
17
telephone
number
for
roadside
assistance
and
a
telephone
number
18
for
other
customer
service
inquiries.
A
program
shall
only
19
enter
into
an
agreement
with
any
person
who
holds
a
driver’s
20
license
issued
in
this
state
to
operate
a
vehicle
of
the
class
21
of
the
shared
vehicle,
hold
a
driver’s
license
issued
by
22
another
state
or
country
that
authorizes
the
person
to
operate
23
a
vehicle
of
the
class
of
the
shared
vehicle
and
who
is
at
24
least
the
minimum
age
required
for
a
resident
of
this
state
25
to
operate
a
vehicle
of
the
class
of
the
shared
vehicle,
or
a
26
person
who
is
otherwise
specifically
authorized
by
this
state
27
to
drive
vehicles
of
the
class
of
the
shared
vehicle.
28
The
bill
requires
a
program,
prior
to
the
time
an
owner
makes
29
a
shared
vehicle
available
for
car
sharing,
to
verify
that
30
the
shared
vehicle
does
not
have
any
safety
recalls
for
which
31
repairs
have
not
been
made,
and
to
notify
the
owner
of
the
32
requirements
to
make
safety
repairs
as
detailed
in
the
bill.
33
The
bill
details
additional
requirements
related
to
safety
34
recalls.
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The
bill
requires
a
program
to
notify
an
owner
at
the
time
of
1
registration,
and
prior
to
the
owner
making
a
vehicle
available
2
for
car
sharing,
that
if
there
are
any
liens
against
the
shared
3
vehicle
the
vehicle’s
use
through
the
program
may
violate
the
4
terms
of
the
owner’s
contract
with
the
lienholder.
5
The
bill
requires
a
program
to
collect
and
verify
records
6
relating
to
the
use
of
a
shared
vehicle,
including
all
dates
7
and
times
that
a
shared
vehicle
is
used,
locations
of
a
car
8
sharing
start
time
and
car
sharing
termination
time,
fees
9
paid
by
the
driver,
and
revenues
received
by
the
owner,
10
and
to
retain
such
records
as
required
by
the
bill.
Upon
11
request,
a
program
shall
provide
such
information
to
the
12
owner,
the
insurance
carrier
for
the
owner’s
liability
policy,
13
or
the
insurance
carrier
for
the
driver’s
liability
policy
14
for
purposes
of
a
claim
coverage
investigation,
settlement,
15
negotiation,
or
litigation.
A
program
shall
keep
permanent
16
records
of
the
names
and
addresses
of
each
driver
and
the
17
driver’s
license
number
and
place
of
issuance
of
each
driver
18
and
any
other
person
who
may
operate
the
shared
vehicle
under
19
the
program
agreement.
20
The
bill
does
not
limit
the
liability
of
a
program
for
any
21
act
or
omission
of
the
program
that
results
in
injury
to
a
22
person
from
the
use
of
a
shared
vehicle.
23
The
commissioner
of
insurance
may
adopt
rules
as
necessary
24
to
administer
the
bill.
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