Missouri 2025 Regular Session

Missouri Senate Bill SB181 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	0655S.03C
2		-	1
3		-	SENATE COMMITTEE SUBSTITUTE
4		-	FOR
	1	+
	2	+	FIRST REGULAR SESSION
5	3		SENATE BILL NO. 181
	4	+	103RD GENERAL ASSEMBLY
	5	+	INTRODUCED BY SENATOR CRAWFORD.
	6	+	0655S.02I KRISTINA MARTIN, Secretary
6	7		AN ACT
7		-	To amend chapter 379, RSMo, by adding thereto twenty -
8		-	one new sections relating to certain uses of motor
9		-	vehicles, with an effective date.
	8	+	To amend chapter 379, RSMo, by adding thereto twenty-one new sections relating to insurance
	9	+	for certain uses of motor vehicles, with a delayed effective date.
10	10
11	11		Be it enacted by the General Assembly of the State of Missouri, as follows:
12		-	Section A. Chapter 379, RSMo, is amended by adding thereto
13		-	twenty-one new sections, to be known as sections 379.1900,
14		-	379.1905, 379.1910, 379.1915, 379.1920, 379.1925, 379.1930,
15		-	379.1935, 379.1940, 379.1945, 379.1950, 379.1955, 379.1960,
16		-	379.1965, 379.1970, 379.2000, 379.2005, 379.2010, 379.2015,
17		-	379.2020, and 379.2025, to read as follows:
18		-	379.1900. Sections 379.1900 to 379.1970 shall be known
19		-	and may be cited as the "Peer -to-Peer Car Sharing Program
20		-	Insurance Act".
21		-	379.1905. Nothing in sections 379.1900 to 379.1970
22		-	shall be construed to extend beyond insurance or have any
23		-	implications for sections other than sections 379.1900 to
24		-	379.1970 including, but not limited to, sections related to
25		-	motor vehicle regulation, airport regulation, or taxation.
26		-	The provisions of sections 379.1900 to 379.1970 shall not be
27		-	construed to affect any other provision of law, and nothing
28		-	in sections 379.1900 to 379.1970 shall be construed to
29		-	distinguish or equate peer -to-peer car sharing pro grams and
30		-	car rental companies except as otherwise provided in
31		-	sections 379.1900 to 379.1970.
32		-	379.1910. For purposes of sections 379.1900 to
33		-	379.1970, except where otherwise provided, the following
34		-	terms mean:
35		-	2
36		-	(1) "Car sharing delivery period", the period of time
37		-	during which a shared vehicle is being delivered to the
38		-	location of the car sharing start time, if applicable, as
39		-	documented by the governing car sharing program agreement;
40		-	(2) "Car sharing period", the period of time that
41		-	commences with the car sharing delivery period or, if there
42		-	is no car sharing delivery period, that commences with the
43		-	car sharing start time and in either case ends at the car
44		-	sharing termination time;
45		-	(3) "Car sharing program agreeme nt", the terms and
46		-	conditions applicable to a shared vehicle owner and a shared
47		-	vehicle driver that govern the use of a shared vehicle
48		-	through a peer-to-peer car sharing program. The term "car
49		-	sharing program agreement" shall not include a master rent al
50		-	agreement or a rental agreement, as such terms are defined
51		-	in section 407.730;
52		-	(4) "Car sharing start time", the time when the shared
53		-	vehicle becomes subject to the control of the shared vehicle
54		-	driver at or after the time the reservation of a shared
55		-	vehicle is scheduled to begin as documented in the records
56		-	of a peer–to–peer car sharing program;
57		-	(5) "Car sharing termination time", the earliest of
58		-	the following events:
59		-	(a) The expiration of the agreed -upon period of time
60		-	established for the use of a shared vehicle according to the
61		-	terms of the car sharing program agreement if the shared
62		-	vehicle is delivered to the location agreed upon in the car
63		-	sharing program agreement;
64		-	(b) When the shared vehicle is returned to a loca tion
65		-	as alternatively agreed upon by the shared vehicle owner and
66		-	the shared vehicle driver as communicated through a peer -to-
67		-	peer car sharing program, which alternatively agreed -upon
68		-	3
69		-	location shall be incorporated into the car sharing program
70		-	agreement; or
71		-	(c) When the shared vehicle owner or the shared
72		-	vehicle owner's authorized designee takes possession and
73		-	control of the shared vehicle;
74		-	(6) "Peer-to-peer car sharing", the authorized use of
75		-	a vehicle by an individual other than the ve hicle's owner
76		-	through a peer-to-peer car sharing program. The term "peer-
77		-	to-peer car sharing" does not include a rental car or rental
78		-	activity as described in section 407.732;
79		-	(7) "Peer-to-peer car sharing program", a business
80		-	platform that connects vehicle owners with drivers to enable
81		-	the sharing of vehicles for financial consideration. The
82		-	term "peer-to-peer car sharing program" does not include a
83		-	car rental company as defined in section 407.730;
84		-	(8) "Shared vehicle", a vehicle that is available for
85		-	sharing through a peer -to-peer car sharing program. The
86		-	term "shared vehicle" does not include a rental car as
87		-	described in section 407.732;
88		-	(9) "Shared vehicle driver", an individual who has
89		-	been authorized to drive the shared vehicle by the shared
90		-	vehicle owner under a car sharing program agreement. The
91		-	term "shared vehicle driver" shall not include an authorized
92		-	driver, as defined in section 407.730;
93		-	(10) "Shared vehicle owner", the registered owner, or
94		-	a person or entity designated by the registered owner, of a
95		-	vehicle made available for sharing to shared vehicle drivers
96		-	through a peer-to-peer car sharing program.
97		-	379.1915. 1. Except as provided in subsection 2 of
98		-	this section, a peer -to-peer car sharing program shall
99		-	assume liability of a shared vehicle owner for bodily injury
100		-	or property damage to third parties or uninsured and
101		-	underinsured motorist or, to the extent personal injury
102		-	4
103		-	protection coverage is required by law, personal injury
104		-	protection losses during the car sharing period in an amount
105		-	stated in the peer-to-peer car sharing program agreement,
106		-	which amount shall not be less than the amount required
107		-	under chapter 303.
108		-	2. Notwithstanding the definition of "car sharing
109		-	termination time" in section 379.1910, the assumption of
110		-	liability under subsection 1 of this section shall not apply
111		-	to any shared vehicle owner when:
112		-	(1) A shared vehicle owner makes an intentional or
113		-	fraudulent material misrepresentation or omissi on to the
114		-	peer-to-peer car sharing program before the car sharing
115		-	period in which the loss occurred; or
116		-	(2) Acting in concert with a shared vehicle driver who
117		-	fails to return the shared vehicle in accordance with the
118		-	terms of the car sharing prog ram agreement.
119		-	3. Notwithstanding the definition of "car sharing
120		-	termination time" in section 379.1910, the assumption of
121		-	liability under subsection 1 of this section shall apply to
122		-	bodily injury, property damage, uninsured and underinsured
123		-	motorist, or, to the extent personal injury protection
124		-	coverage is required by law, personal injury protection
125		-	losses by damaged third parties as required by chapter 303.
126		-	4. A peer-to-peer car sharing program shall ensure
127		-	that, during each car sharing period, the shared vehicle
128		-	owner and the shared vehicle driver are insured under a
129		-	motor vehicle liability insurance policy that provides
130		-	insurance coverage in amounts no less than the minimum
131		-	amounts set forth in chapter 303, and that:
132		-	(1) Recognizes that the shared vehicle insured under
133		-	the policy is made available and used through a peer -to-peer
134		-	car sharing program; or
135		-	5
136		-	(2) Does not exclude use of a shared vehicle by a
137		-	shared vehicle driver.
138		-	5. The insurance described under subsec tion 4 of this
139		-	section may be satisfied by motor vehicle liability
140		-	insurance maintained by:
141		-	(1) A shared vehicle owner;
142		-	(2) A shared vehicle driver;
143		-	(3) A peer-to-peer car sharing program; or
144		-	(4) A shared vehicle owner, a shared v ehicle driver,
145		-	and a peer-to-peer car sharing program.
146		-	6. The insurance described in subsection 5 of this
147		-	section that is satisfying the insurance requirement of
148		-	subsection 4 of this section shall be primary during each
149		-	car sharing period. If a claim occurs in another state with
150		-	minimum financial responsibility limits higher than the
151		-	minimum financial responsibility requirements in chapter 303
152		-	during the car sharing period, the coverage maintained under
153		-	subsection 5 of this section shall sati sfy the difference in
154		-	minimum coverage amounts up to the applicable policy limits.
155		-	7. The insurer, insurers, or peer -to-peer car sharing
156		-	program providing coverage under subsection 4 or 5 of this
157		-	section shall assume primary liability for a claim when:
158		-	(1) A dispute exists as to who was in control of the
159		-	shared vehicle at the time of the loss and the peer -to-peer
160		-	car sharing program does not have available, did not retain,
161		-	or fails to provide the information required by section
162		-	379.1930; or
163		-	(2) A dispute exists as to whether the shared vehicle
164		-	was returned to the alternatively agreed -upon location as
165		-	required under paragraph (b) of subdivision (5) of section
166		-	379.1910.
167		-	8. If insurance maintained by a shared vehicle owner
168		-	or shared vehicle driver in accordance with subsection 5 of
169		-	6
170		-	this section has lapsed or does not provide the required
171		-	coverage, insurance maintained by a peer -to-peer car sharing
172		-	program shall provide the coverage required by subsection 4
173		-	of this section beginning with the first dollar of a claim
174		-	and have the duty to defend such claim except under
175		-	circumstances as set forth in subsection 2 of this section.
176		-	9. Coverage under an automobile insurance policy
177		-	maintained by the peer -to-peer car sharing program shall not
178		-	be dependent on another automobile insurer first denying a
179		-	claim nor shall another automobile insurance policy be
180		-	required to first deny a claim.
181		-	10. Nothing in this section:
182		-	(1) Limits the liability of the peer -to-peer car
183		-	sharing program for any act or omission of the peer -to-peer
184		-	car sharing program itself that results in injury to any
185		-	person as a result of the use of a shared vehicle through a
186		-	peer-to-peer car sharing program; or
187		-	(2) Limits the ability of the pe er-to-peer car sharing
188		-	program to, by contract, seek indemnification from the
189		-	shared vehicle owner or the shared vehicle driver for
190		-	economic loss sustained by the peer -to-peer car sharing
191		-	program, resulting from a breach of the terms and conditions
192		-	of the car sharing program agreement.
193		-	379.1920. At the time when a vehicle owner registers
194		-	as a shared vehicle owner on a peer -to-peer car sharing
195		-	program and prior to the time when the shared vehicle owner
196		-	makes a shared vehicle availabl e for car sharing on the peer -
197		-	to-peer car sharing program, the peer -to-peer car sharing
198		-	program shall notify the shared vehicle owner that, if the
199		-	shared vehicle has a lien against it, the use of the shared
200		-	vehicle through a peer -to-peer car sharing program,
201		-	including use without physical damage coverage, may violate
202		-	the terms of the contract with the lienholder.
203		-	7
204		-	379.1925. 1. An authorized insurer that writes motor
205		-	vehicle liability insurance in this state may exclude any
206		-	and all coverage and the duty to defend or indemnify for any
207		-	claim afforded under a shared vehicle owner's motor vehicle
208		-	liability insurance policy including, but not limited to:
209		-	(1) Liability coverage for bodily injury and property
210		-	damage;
211		-	(2) Personal injury protection coverage;
212		-	(3) Uninsured and underinsured motorist coverage;
213		-	(4) Medical payments coverage;
214		-	(5) Comprehensive physical damage coverage; and
215		-	(6) Collision physical damage coverage.
216		-	2. Nothing in sections 37 9.1900 to 379.1970
217		-	invalidates or limits an exclusion contained in a motor
218		-	vehicle liability insurance policy, including any insurance
219		-	policy in use or approved for use that excludes coverage for
220		-	motor vehicles made available for rent, sharing, or hire or
221		-	for any business use.
222		-	3. Nothing in sections 379.1900 to 379.1970
223		-	invalidates, limits, or restricts an insurer's ability under
224		-	existing law to underwrite any insurance policy. Nothing in
225		-	sections 379.1900 to 379.1970 invalidates, limits, or
226		-	restricts an insurer's ability under existing law to cancel
227		-	and nonrenew policies.
228		-	379.1930. A peer-to-peer car sharing program shall
229		-	collect and verify records pertaining to the use of a
230		-	vehicle including, but not limited to, times us ed, car
231		-	sharing period pick-up and drop-off locations, fees paid by
232		-	the shared vehicle driver, and revenues received by the
233		-	shared vehicle owner. The peer-to-peer car sharing program
234		-	shall provide such information upon request to the shared
235		-	vehicle owner, the shared vehicle owner's insurer, or the
236		-	shared vehicle driver's insurer to facilitate a claim
237		-	8
238		-	coverage investigation, settlement, negotiation, or
239		-	litigation. The peer-to-peer car sharing program shall
240		-	retain the records for a time period not less than the
241		-	applicable personal injury statute of limitations.
242		-	379.1935. A peer-to-peer car sharing program and a
243		-	shared vehicle owner shall be exempt from vicarious
244		-	liability in accordance with 49 U.S.C. Section 30106 and
245		-	under any state or local law that imposes liability solely
246		-	based on vehicle ownership.
247		-	379.1940. A motor vehicle insurer that defends or
248		-	indemnifies a claim against a shared vehicle that is
249		-	excluded under the terms of its policy shall have the ri ght
250		-	to seek recovery against the motor vehicle insurer of the
251		-	peer-to-peer car sharing program if the claim is:
252		-	(1) Made against the shared vehicle owner or the
253		-	shared vehicle driver for loss or injury that occurs during
254		-	the car sharing period; a nd
255		-	(2) Excluded under the terms of its policy.
256		-	379.1945. 1. Notwithstanding any other law, statute,
257		-	rule, or regulation to the contrary, a peer -to-peer car
258		-	sharing program shall have an insurable interest in a shared
259		-	vehicle during the car sharing period.
260		-	2. Nothing in this section creates liability on a peer -
261		-	to-peer car sharing program to maintain the coverage
262		-	mandated by section 379.1915.
263		-	3. A peer–to–peer car sharing program may own and
264		-	maintain as the named insu red one or more policies of motor
265		-	vehicle liability insurance that provides coverage for:
266		-	(1) Liabilities assumed by the peer –to–peer car
267		-	sharing program under a peer –to–peer car sharing program
268		-	agreement;
269		-	(2) Any liability of the shared veh icle owner;
270		-	(3) Damage or loss to the shared vehicle; or
271		-	9
272		-	(4) Any liability of the shared vehicle driver.
273		-	379.1950. Each car sharing program agreement made in
274		-	this state shall disclose to the shared vehicle owner and
275		-	the shared vehicle driver:
276		-	(1) Any right of the peer -to-peer car sharing program
277		-	to seek indemnification from the shared vehicle owner or the
278		-	shared vehicle driver for economic loss sustained by the
279		-	peer-to-peer car sharing program, resulting from a breach of
280		-	the terms and conditions of the car sharing program
281		-	agreement;
282		-	(2) That a motor vehicle liability insurance policy
283		-	issued to the shared vehicle owner for the shared vehicle or
284		-	to the shared vehicle driver does not provide a defense or
285		-	indemnification for any claim asserted by the peer -to-peer
286		-	car sharing program;
287		-	(3) That the peer-to-peer car sharing program's
288		-	insurance coverage on the shared vehicle owner and the
289		-	shared vehicle driver is in effect only during each car
290		-	sharing period and that, for any use of the shared vehicle
291		-	by the shared vehicle driver after the car sharing
292		-	termination time, the shared vehicle driver and the shared
293		-	vehicle owner may not have insurance coverage;
294		-	(4) The daily rate, fees, and if applicable, any
295		-	insurance or protection package costs that are charged to
296		-	the shared vehicle owner or the shared vehicle driver;
297		-	(5) That the shared vehicle owner's motor vehicle
298		-	liability insurance may not provide coverage for a shared
299		-	vehicle;
300		-	(6) An emergency telephone number to personnel capable
301		-	of fielding roadside assistance and other customer service
302		-	inquiries; and
303		-	(7) Whether there are conditions under which a shared
304		-	vehicle driver is required to maintain a personal automobile
305		-	10
306		-	insurance policy with certain applicable coverage limits on
307		-	a primary basis in order to book a shared motor vehicle.
308		-	379.1955. 1. A peer-to-peer car sharing program shall
309		-	not enter into a peer -to-peer car sharing program agreement
310		-	with a driver unless the driver who will operate the shared
311		-	vehicle:
312		-	(1) Holds a driver's license issued by this state that
313		-	authorizes the driver to operate vehicles of the class of
314		-	the shared vehicle;
315		-	(2) Is a nonresident who:
316		-	(a) Has a driver's license issued by the state or
317		-	country of the driver's residence that authorizes the driver
318		-	in that state or country to drive vehicles of the class of
319		-	the shared vehicle; and
320		-	(b) Is at least the same age as the age required of a
321		-	resident to drive in this state; or
322		-	(3) Otherwise is specifically authorized by this state
323		-	to drive vehicles of the class of the shared vehicle.
324		-	2. A peer-to-peer car sharing program shall keep a
325		-	record of:
326		-	(1) The name and address of the shared vehicl e driver;
327		-	(2) The number of the driver's license of the shared
328		-	vehicle driver and of each other person, if any, who will
329		-	operate the shared vehicle; and
330		-	(3) The place of issuance of the driver's license.
331		-	379.1960. A peer-to-peer car sharing program shall
332		-	have sole responsibility for any equipment, such as a GPS
333		-	system or other special equipment that is put in or on the
334		-	vehicle to monitor or facilitate the car sharing
335		-	transaction, and shall agree to indemnify and hold harml ess
336		-	the shared vehicle owner for any damage to or theft of such
337		-	equipment during the car sharing period not caused by the
338		-	shared vehicle owner. The peer-to-peer car sharing program
339		-	11
340		-	has the right to seek indemnity from the shared vehicle
341		-	driver for any loss or damage to such equipment that occurs
342		-	during the car sharing period.
343		-	379.1965. 1. At the time when a vehicle owner
344		-	registers as a shared vehicle owner on a peer -to-peer car
345		-	sharing program and prior to the time when the shared
346		-	vehicle owner makes a shared vehicle available for car
347		-	sharing on the peer-to-peer car sharing program, the peer -to-
348		-	peer car sharing program shall:
349		-	(1) Verify that the shared vehicle does not have any
350		-	safety recalls on the vehicle for which the repairs have not
351		-	been made; and
352		-	(2) Notify the shared vehicle owner of the
353		-	requirements under subsection 2 of this section.
354		-	2. (1) If the shared vehicle owner has received an
355		-	actual notice of a safety recall on the vehicle, a shared
356		-	vehicle owner shall not make a vehicle available as a shared
357		-	vehicle on a peer-to-peer car sharing program until the
358		-	safety recall repair has been made.
359		-	(2) If a shared vehicle owner receives an actual
360		-	notice of a safety recall on a shared vehicle while the
361		-	shared vehicle is made available on the peer -to-peer car
362		-	sharing program, the shared vehicle owner shall remove the
363		-	shared vehicle as available on the peer -to-peer car sharing
364		-	program as soon as practicable after receiving the notice of
365		-	the safety recall and until the safety recall repair has
366		-	been made.
367		-	(3) If a shared vehicle owner receives an actual
368		-	notice of a safety recall while the shared vehicle is being
369		-	used in the possession of a shared vehicle driver, as soon
370		-	as practicable after receiving the notice of the safety
371		-	recall, the shared vehicle owner shall notify the peer -to-
372		-	12
373		-	peer car sharing program about the safety recall so that the
374		-	shared vehicle owner may address the safety recall repair.
375		-	379.1970. The department of commerce and insurance may
376		-	promulgate all necessary rules and regulations for the
377		-	administration of sections 379.1900 to 379.1970. Any rule
378		-	or portion of a rule, as that term is defined in section
379		-	536.010, that is created under the authority de legated in
380		-	this section shall become effective only if it complies with
381		-	and is subject to all of the provisions of chapter 536 and,
382		-	if applicable, section 536.028. This section and chapter
383		-	536 are nonseverable and if any of the powers vested with
384		-	the general assembly pursuant to chapter 536 to review, to
385		-	delay the effective date, or to disapprove and annul a rule
386		-	are subsequently held unconstitutional, then the grant of
387		-	rulemaking authority and any rule proposed or adopted after
388		-	the effective date of this section shall be invalid and void.
389		-	379.2000. Sections 379.2000 to 379.2025 shall be known
390		-	and may be cited as the "Delivery Network Company Insurance
391		-	Act".
392		-	379.2005. For purposes of sections 379.2000 to
393		-	379.2025, the following terms mean:
394		-	(1) "Delivery availability period", the period when a
395		-	delivery network company driver:
396		-	(a) Has logged on to a digital network and is eligible
397		-	to receive requests to provide delivery services from a
398		-	delivery network company;
399		-	(b) Is operating a personal vehicle; and
400		-	(c) Is not providing delivery services or operating in
401		-	the delivery service period;
402		-	(2) "Delivery network company", an entity that:
403		-	(a) Is a corporation, partnership, sole
404		-	proprietorship, or other entity;
405		-	(b) Operates in this state; and
406		-	13
407		-	(c) Uses a digital network to connect a delivery
408		-	network company customer to a delivery network company
409		-	driver to provide delivery services;
410		-	(3) "Delivery network company custo mer", a person who:
411		-	(a) Orders the delivery of goods; and
412		-	(b) Directs the delivery network company driver as to
413		-	the delivery location for the goods;
414		-	(4) "Delivery network company driver", an individual
415		-	who provides delivery services thr ough a delivery network
416		-	company's digital network using a personal vehicle;
417		-	(5) "Delivery service period", the period that:
418		-	(a) Begins when a delivery network company driver
419		-	starts operating a personal vehicle en route to pick up
420		-	goods for a delivery or series of deliveries as documented
421		-	through a digital network controlled by a delivery network
422		-	company;
423		-	(b) Continues while the delivery network company
424		-	driver transports the requested delivery or deliveries; and
425		-	(c) Ends upon delivery of the requested goods to:
426		-	a. The location designated by the delivery network
427		-	company customer or the location designated by the last
428		-	delivery network company customer in a series of deliveries;
429		-	or
430		-	b. A location designated by the deli very network
431		-	company, including for purposes of returning the goods;
432		-	(6) "Delivery services", the fulfillment of delivery
433		-	requests made by a delivery network company customer through
434		-	a digital network, including the pickup of any goods by the
435		-	delivery network company driver and the delivery of the
436		-	goods to the location designated by the delivery network
437		-	company customer. The term "delivery services" may include
438		-	a series of deliveries to the designated locations of
439		-	different delivery network c ompany customers;
440		-	14
441		-	(7) "Digital network", any online application,
442		-	software, website, or system offered or utilized by a
443		-	delivery network company that enables deliveries with
444		-	delivery network company drivers;
445		-	(8) "Personal vehicle", a motor ve hicle that is:
446		-	(a) Used by a delivery network company driver to
447		-	provide delivery services through a digital network; and
448		-	(b) Owned, leased, or otherwise authorized for use by
449		-	the delivery network company driver.
450		-	379.2010. 1. Sections 379.2000 to 379.2025 do not
451		-	limit the scope of federal or state law regarding delivery
452		-	or transport of goods.
453		-	2. A delivery made under sections 379.2000 to 379.2025
454		-	that is subject to any other law shall comply with the
455		-	requirements of that law.
456		-	3. If a conflict between sections 379.2000 to 379.2025
457		-	and another law dealing with the delivery or transport of
458		-	goods arises, the other law prevails.
459		-	4. A delivery network company driver shall be
460		-	considered an independent contract or and not an employee of
461		-	a delivery network company for all purposes. A digital
462		-	network shall not be considered a product under the laws of
463		-	this state.
464		-	379.2015. 1. A delivery network company shall ensure
465		-	that, during the delivery a vailability period, if
466		-	applicable, and during the delivery service period, primary
467		-	motor vehicle liability insurance is in effect that:
468		-	(1) Recognizes that the operator of the motor vehicle
469		-	is a delivery network company driver; or
470		-	(2) Does not exclude coverage for use of a personal
471		-	vehicle to provide deliveries.
472		-	2. During the delivery service period and the delivery
473		-	availability period, the delivery network company driver or
474		-	15
475		-	delivery network company, or any combination of the two,
476		-	shall maintain motor vehicle liability insurance coverage
477		-	that insures the delivery network company driver for
478		-	liability to third parties of not less than:
479		-	(1) Fifty thousand dollars for damages arising out of
480		-	bodily injury sustained by any one per son in an accident;
481		-	(2) One hundred thousand dollars for damages arising
482		-	out of bodily injury sustained by all persons injured in an
483		-	accident; and
484		-	(3) Twenty-five thousand dollars for all damages
485		-	arising out of damage to or destruction of pr operty in an
486		-	accident.
487		-	3. If the insurance coverage maintained by a delivery
488		-	network company driver under subsections 1 and 2 of this
489		-	section has lapsed or does not provide the required motor
490		-	vehicle liability insurance coverage, the following
491		-	requirements shall apply:
492		-	(1) The insurance coverage maintained by the delivery
493		-	network company shall provide the motor vehicle liability
494		-	insurance coverage required by subsections 1 and 2 of this
495		-	section beginning with the first one dollar of a cl aim; and
496		-	(2) The insurance coverage maintained by the delivery
497		-	network company shall provide that the motor vehicle
498		-	liability insurer has the duty to defend the claim.
499		-	4. Coverage under a motor vehicle liability insurance
500		-	policy maintained by the delivery network company is not
501		-	dependent upon another motor vehicle liability insurer first
502		-	denying a claim nor shall another motor vehicle liability
503		-	insurance policy be required to first deny a claim.
504		-	5. Insurance coverage required by this section may be
505		-	obtained from an insurance company licensed to transact
506		-	business under the insurance laws of this state or by an
507		-	eligible surplus lines insurer under chapter 384.
508		-	16
509		-	6. The coverage required under subsections 1 and 2 of
510		-	this section shall be deemed to satisfy the motor vehicle
511		-	financial responsibility requirements for a motor vehicle
512		-	under chapter 303.
513		-	7. (1) A delivery network company driver shall carry
514		-	proof of insurance required under subsections 1 and 2 of
515		-	this section at all times while using a personal vehicle in
516		-	connection with a digital network.
517		-	(2) In the event of an accident, a delivery network
518		-	company driver shall, upon request:
519		-	(a) Provide insurance coverage information to the
520		-	directly interested p arties, insurers, and investigating law
521		-	enforcement officers; and
522		-	(b) Disclose to the directly interested parties,
523		-	insurers, and investigating law enforcement officers whether
524		-	the delivery network company driver was operating during the
525		-	delivery availability period or the delivery service period
526		-	at the time of the accident.
527		-	(3) The insurance coverage information required in
528		-	section 303.024 may be displayed or provided in either paper
529		-	or electronic format.
530		-	8. (1) In a claims coverage investigation, a delivery
531		-	network company or an insurer of the delivery network
532		-	company shall:
533		-	(a) Cooperate with all insurers that are involved in
534		-	the claims coverage investigation to facilitate the exchange
535		-	of information; and
536		-	(b) Upon request by directly involved parties or an
537		-	insurer of directly involved parties, immediately provide
538		-	the times that a delivery network company driver began and
539		-	ended the delivery availability period and the delivery
540		-	service period on the delivery netwo rk company's digital
541		-	network in:
542		-	17
543		-	a. The twelve-hour period immediately preceding the
544		-	accident; and
545		-	b. The twelve-hour period immediately following the
546		-	accident.
547		-	(2) An insurer potentially providing the coverage
548		-	required in this sectio n shall disclose upon request by any
549		-	other insurer involved in the particular claim a clear
550		-	description of the applicable coverage, exclusions, and
551		-	limits provided under any motor vehicle liability insurance
552		-	policies maintained in order to satisfy the requirements of
553		-	this section.
554		-	9. An insurer of a delivery network company providing
555		-	coverage under subsections 1 and 2 of this section shall
556		-	assume primary liability for a claim when:
557		-	(1) A dispute exists as to when the delivery
558		-	availability period or the delivery service period began or
559		-	ended; and
560		-	(2) The delivery network company does not have
561		-	available, did not retain, or fails to provide the
562		-	information required in subsection 7 of this section.
563		-	10. A delivery network compan y shall not be deemed to
564		-	control, direct, or manage a personal vehicle or delivery
565		-	network company driver who connects to the delivery network
566		-	company's digital network except if agreed to by written
567		-	contract.
568		-	379.2020. A delivery network company shall not permit
569		-	a delivery network company driver to engage in delivery
570		-	services on the delivery network company's digital network
571		-	until the delivery network company discloses in writing or
572		-	electronically to the delivery network company dr iver:
573		-	(1) The insurance coverage, including the types of
574		-	coverage and the limits for each coverage, that the delivery
575		-	network company provides while the delivery network company
576		-	18
577		-	driver uses a personal vehicle in connection with a delivery
578		-	network company's digital network; and
579		-	(2) That the delivery network company driver's own
580		-	motor vehicle liability insurance policy may not provide any
581		-	insurance coverage during the delivery availability period,
582		-	if applicable, or the delivery service peri od.
583		-	379.2025. 1. An insurer that is licensed to write
584		-	motor vehicle liability insurance in this state may exclude
585		-	coverage and deny the duty to defend or indemnify for a
586		-	claim of injury or loss that occurs during the delivery
587		-	availability period and the delivery service period.
588		-	2. The right to exclude all coverage under subsection
589		-	1 of this section may apply to any coverage included in the
590		-	motor vehicle liability insurance policy including, but not
591		-	limited to:
592		-	(1) Liability coverage for bodily injury and property
593		-	damage;
594		-	(2) Uninsured and underinsured motorist coverage;
595		-	(3) Medical payments coverage;
596		-	(4) Comprehensive physical damage coverage; and
597		-	(5) Collision physical damage coverage.
598		-	3. Sections 379.2000 to 379.2025 do not:
599		-	(1) Invalidate or limit an exclusion contained in a
600		-	motor vehicle liability insurance policy, including any
601		-	insurance policy in use or approved for use that excludes
602		-	coverage for motor vehicles used for deliver y or for any
603		-	business use; or
604		-	(2) Invalidate, limit, or restrict an insurer's
605		-	ability under existing law to:
606		-	(a) Underwrite any insurance policy; or
607		-	(b) Cancel and nonrenew an insurance policy.
608		-	4. A motor vehicle liability insurer that defends or
609		-	indemnifies a claim against a delivery network company
610		-	19
611		-	driver that is excluded under the terms of its insurance
612		-	policy may seek recovery against the insurer providing
613		-	insurance coverage under subsections 1 and 2 of section
614		-	379.2015 if the claim:
615		-	(1) Occurs during the delivery availability period or
616		-	the delivery service period; and
617		-	(2) Is excluded under the terms of its insurance
618		-	policy.
619		-	Section B. The enactment of sections 379.1900 to
620		-	379.1970 and sections 379.2000 to 379.2025 of this act shall
621		-	become effective on October 1, 2026.
622		-	Section C. If any provision of section A of this act
623		-	or the application thereof to anyone or to any circumstance
624		-	is held invalid, the remainder of those sect ions and the
625		-	application of such provisions to others or other
626		-	circumstances shall not be affected thereby.
	12	+	Section A. Chapter 379, RSMo, is amended by adding thereto 1
	13	+	twenty-one new sections, to be known as sections 379.1900, 2
	14	+	379.1905, 379.1910, 379.1915, 379.1920, 379.1925, 379.1930, 3
	15	+	379.1935, 379.1940, 379.1945, 379.1950, 379.1955, 379.1960, 4
	16	+	379.1965, 379.1970, 379.2000, 379.2005, 379.2010, 379.2015, 5
	17	+	379.2020, and 379.2025, to read as follows:6
	18	+	379.1900. Sections 379.1900 to 379.1970 shall be known 1
	19	+	and may be cited as the "Peer -to-Peer Car Sharing Program 2
	20	+	Insurance Act". 3
	21	+	379.1905. Nothing in sections 379.1900 to 379.1970 1
	22	+	shall be construed to extend beyond insurance or have any 2
	23	+	implications for sections other than sections 379.1900 to 3
	24	+	379.1970 including, but not limited to, sections related to 4
	25	+	motor vehicle regulation, airport regul ation, or taxation. 5
	26	+	The provisions of sections 379.1900 to 379.1970 shall not be 6
	27	+	construed to affect any other provision of law. 7
	28	+	379.1910. For purposes of sections 379.1900 to 1
	29	+	379.1970, except where otherwise provided, the following 2
	30	+	terms mean: 3
	31	+	(1) "Car sharing delivery period", the period of time 4
	32	+	during which a shared vehicle is being delivered to the 5 SB 181 2
	33	+	location of the car sharing start time, if applicable, as 6
	34	+	documented by the governing car sharing program agreement; 7
	35	+	(2) "Car sharing period", the period of time that 8
	36	+	commences with the car sharing delivery period or, if there 9
	37	+	is no car sharing delivery period, that commences with the 10
	38	+	car sharing start time and in either case ends at the car 11
	39	+	sharing termination time; 12
	40	+	(3) "Car sharing program agreement", the terms and 13
	41	+	conditions applicable to a shared vehicle owner and a shared 14
	42	+	vehicle driver that govern the use of a shared vehicle 15
	43	+	through a peer-to-peer car sharing program. The term "car 16
	44	+	sharing program agreement" does not include a rental 17
	45	+	agreement as defined in section 407.730; 18
	46	+	(4) "Car sharing start time", the time when the shared 19
	47	+	vehicle becomes subject to the control of the shared vehicle 20
	48	+	driver at or after the time the reservation of a shared 21
	49	+	vehicle is scheduled to begin as documented in the records 22
	50	+	of a peer–to–peer car sharing program; 23
	51	+	(5) "Car sharing termination time", the earliest of 24
	52	+	the following events: 25
	53	+	(a) The expiration of the agreed -upon period of time 26
	54	+	established for the use of a shared vehicle according to the 27
	55	+	terms of the car sharing program agreement if the shared 28
	56	+	vehicle is delivered to the location agreed upon in the car 29
	57	+	sharing program agreement; 30
	58	+	(b) When the shared vehicle is returned to a location 31
	59	+	as alternatively agreed upon by the shared vehicle owner and 32
	60	+	the shared vehicle driver as communicated through a peer -to- 33
	61	+	peer car sharing program, which alternatively agreed -upon 34
	62	+	location shall be incorporated into the car sharing program 35
	63	+	agreement; or 36 SB 181 3
	64	+	(c) When the shared vehicle owner or the shared 37
	65	+	vehicle owner's authorized designee takes possession and 38
	66	+	control of the shared vehicle; 39
	67	+	(6) "Peer-to-peer car sharing", the authorized use of 40
	68	+	a vehicle by an individual other than the vehicle's owner 41
	69	+	through a peer-to-peer car sharing program. The term "peer- 42
	70	+	to-peer car sharing" does not include a rental car or rental 43
	71	+	activity as described in section 407.732; 44
	72	+	(7) "Peer-to-peer car sharing program", a business 45
	73	+	platform that connects veh icle owners with drivers to enable 46
	74	+	the sharing of vehicles for financial consideration. The 47
	75	+	term "peer-to-peer car sharing program" does not include a 48
	76	+	car rental company as defined in section 407.730; 49
	77	+	(8) "Shared vehicle", a vehicle that is avail able for 50
	78	+	sharing through a peer -to-peer car sharing program. The 51
	79	+	term "shared vehicle" does not include a rental car as 52
	80	+	described in section 407.732; 53
	81	+	(9) "Shared vehicle driver", an individual who has 54
	82	+	been authorized to drive the shared vehicle by the shared 55
	83	+	vehicle owner under a car sharing program agreement; 56
	84	+	(10) "Shared vehicle owner", the registered owner, or 57
	85	+	a person or entity designated by the registered owner, of a 58
	86	+	vehicle made available for sharing to shared vehicle drivers 59
	87	+	through a peer-to-peer car sharing program. 60
	88	+	379.1915. 1. Except as provided in subsection 2 of 1
	89	+	this section, a peer -to-peer car sharing program shall 2
	90	+	assume liability of a shared vehicle owner for bodily injury 3
	91	+	or property damage to thi rd parties or uninsured and 4
	92	+	underinsured motorist or personal injury protection losses 5
	93	+	during the car sharing period in an amount stated in the 6
	94	+	peer-to-peer car sharing program agreement, which amount 7
	95	+	shall not be less than the amount required under ch apter 303. 8 SB 181 4
	96	+	2. Notwithstanding the definition of "car sharing 9
	97	+	termination time" in section 379.1910, the assumption of 10
	98	+	liability under subsection 1 of this section shall not apply 11
	99	+	to any shared vehicle owner when: 12
	100	+	(1) A shared vehicle owner m akes an intentional or 13
	101	+	fraudulent material misrepresentation or omission to the 14
	102	+	peer-to-peer car sharing program before the car sharing 15
	103	+	period in which the loss occurred; or 16
	104	+	(2) Acting in concert with a shared vehicle driver who 17
	105	+	fails to return the shared vehicle in accordance with the 18
	106	+	terms of the car sharing program agreement. 19
	107	+	3. Notwithstanding the definition of "car sharing 20
	108	+	termination time" in section 379.1910, the assumption of 21
	109	+	liability under subsection 1 of this section shall appl y to 22
	110	+	bodily injury, property damage, uninsured and underinsured 23
	111	+	motorist, or personal injury protection losses by damaged 24
	112	+	third parties as required by chapter 303. 25
	113	+	4. A peer-to-peer car sharing program shall ensure 26
	114	+	that, during each car sharing p eriod, the shared vehicle 27
	115	+	owner and the shared vehicle driver are insured under a 28
	116	+	motor vehicle liability insurance policy that provides 29
	117	+	insurance coverage in amounts no less than the minimum 30
	118	+	amounts set forth in chapter 303, and that: 31
	119	+	(1) Recognizes that the shared vehicle insured under 32
	120	+	the policy is made available and used through a peer -to-peer 33
	121	+	car sharing program; or 34
	122	+	(2) Does not exclude use of a shared vehicle by a 35
	123	+	shared vehicle driver. 36
	124	+	5. The insurance described under subsect ion 4 of this 37
	125	+	section may be satisfied by motor vehicle liability 38
	126	+	insurance maintained by: 39
	127	+	(1) A shared vehicle owner; 40 SB 181 5
	128	+	(2) A shared vehicle driver; 41
	129	+	(3) A peer-to-peer car sharing program; or 42
	130	+	(4) A shared vehicle owner, a shared ve hicle driver, 43
	131	+	and a peer-to-peer car sharing program. 44
	132	+	6. The insurance described in subsection 5 of this 45
	133	+	section that is satisfying the insurance requirement of 46
	134	+	subsection 4 of this section shall be primary during each 47
	135	+	car sharing period. If a claim occurs in another state with 48
	136	+	minimum financial responsibility limits higher than the 49
	137	+	minimum financial responsibility requirements in chapter 303 50
	138	+	during the car sharing period, the coverage maintained under 51
	139	+	subsection 5 of this section shall satis fy the difference in 52
	140	+	minimum coverage amounts up to the applicable policy limits. 53
	141	+	7. The insurer, insurers, or peer -to-peer car sharing 54
	142	+	program providing coverage under subsection 4 or 5 of this 55
	143	+	section shall assume primary liability for a claim w hen: 56
	144	+	(1) A dispute exists as to who was in control of the 57
	145	+	shared vehicle at the time of the loss and the peer -to-peer 58
	146	+	car sharing program does not have available, did not retain, 59
	147	+	or fails to provide the information required by section 60
	148	+	379.1930; or 61
	149	+	(2) A dispute exists as to whether the shared vehicle 62
	150	+	was returned to the alternatively agreed -upon location as 63
	151	+	required under paragraph (b) of subdivision (5) of section 64
	152	+	379.1910. 65
	153	+	8. If insurance maintained by a shared vehicle owner 66
	154	+	or shared vehicle driver in accordance with subsection 5 of 67
	155	+	this section has lapsed or does not provide the required 68
	156	+	coverage, insurance maintained by a peer -to-peer car sharing 69
	157	+	program shall provide the coverage required by subsection 4 70
	158	+	of this section beginning with the first dollar of a claim 71 SB 181 6
	159	+	and have the duty to defend such claim except under 72
	160	+	circumstances as set forth in subsection 2 of this section. 73
	161	+	9. Coverage under an automobile insurance policy 74
	162	+	maintained by the peer -to-peer car sharing program shall not 75
	163	+	be dependent on another automobile insurer first denying a 76
	164	+	claim nor shall another automobile insurance policy be 77
	165	+	required to first deny a claim. 78
	166	+	10. Nothing in this section: 79
	167	+	(1) Limits the liability of the peer -to-peer car 80
	168	+	sharing program for any act or omission of the peer -to-peer 81
	169	+	car sharing program itself that results in injury to any 82
	170	+	person as a result of the use of a shared vehicle through a 83
	171	+	peer-to-peer car sharing program; or 84
	172	+	(2) Limits the ability of the pee r-to-peer car sharing 85
	173	+	program to, by contract, seek indemnification from the 86
	174	+	shared vehicle owner or the shared vehicle driver for 87
	175	+	economic loss sustained by the peer -to-peer car sharing 88
	176	+	program, resulting from a breach of the terms and conditions 89
	177	+	of the car sharing program agreement. 90
	178	+	379.1920. At the time when a vehicle owner registers 1
	179	+	as a shared vehicle owner on a peer -to-peer car sharing 2
	180	+	program and prior to the time when the shared vehicle owner 3
	181	+	makes a shared vehicle availa ble for car sharing on the peer - 4
	182	+	to-peer car sharing program, the peer -to-peer car sharing 5
	183	+	program shall notify the shared vehicle owner that, if the 6
	184	+	shared vehicle has a lien against it, the use of the shared 7
	185	+	vehicle through a peer -to-peer car sharing program, 8
	186	+	including use without physical damage coverage, may violate 9
	187	+	the terms of the contract with the lienholder. 10
	188	+	379.1925. 1. An authorized insurer that writes motor 1
	189	+	vehicle liability insurance in this state may exclude any 2
	190	+	and all coverage and the duty to defend or indemnify for any 3 SB 181 7
	191	+	claim afforded under a shared vehicle owner's motor vehicle 4
	192	+	liability insurance policy including, but not limited to: 5
	193	+	(1) Liability coverage for bodily injury and property 6
	194	+	damage; 7
	195	+	(2) Personal injury protection coverage; 8
	196	+	(3) Uninsured and underinsured motorist coverage; 9
	197	+	(4) Medical payments coverage; 10
	198	+	(5) Comprehensive physical damage coverage; and 11
	199	+	(6) Collision physical damage coverage. 12
	200	+	2. Nothing in sections 379.1900 to 379.1970 13
	201	+	invalidates or limits an exclusion contained in a motor 14
	202	+	vehicle liability insurance policy, including any insurance 15
	203	+	policy in use or approved for use that excludes coverage for 16
	204	+	motor vehicles made available for rent, sharing, or hire or 17
	205	+	for any business use. 18
	206	+	3. Nothing in sections 379.1900 to 379.1970 19
	207	+	invalidates, limits, or restricts an insurer's ability under 20
	208	+	existing law to underwrite any insurance policy. Nothing in 21
	209	+	sections 379.1900 to 379.1970 invalidates, limits , or 22
	210	+	restricts an insurer's ability under existing law to cancel 23
	211	+	and nonrenew policies. 24
	212	+	379.1930. A peer-to-peer car sharing program shall 1
	213	+	collect and verify records pertaining to the use of a 2
	214	+	vehicle including, but not limited to, times used, car 3
	215	+	sharing period pick-up and drop-off locations, fees paid by 4
	216	+	the shared vehicle driver, and revenues received by the 5
	217	+	shared vehicle owner. The peer-to-peer car sharing program 6
	218	+	shall provide such information upon request to the shared 7
	219	+	vehicle owner, the shared vehicle owner's insurer, or the 8
	220	+	shared vehicle driver's insurer to facilitate a claim 9
	221	+	coverage investigation, settlement, negotiation, or 10
	222	+	litigation. The peer-to-peer car sharing program shall 11 SB 181 8
	223	+	retain the records for a time per iod not less than the 12
	224	+	applicable personal injury statute of limitations. 13
	225	+	379.1935. A peer-to-peer car sharing program and a 1
	226	+	shared vehicle owner shall be exempt from vicarious 2
	227	+	liability in accordance with 49 U.S.C. Section 30106 and 3
	228	+	under any state or local law that imposes liability solely 4
	229	+	based on vehicle ownership. 5
	230	+	379.1940. A motor vehicle insurer that defends or 1
	231	+	indemnifies a claim against a shared vehicle that is 2
	232	+	excluded under the terms of its policy sha ll have the right 3
	233	+	to seek recovery against the motor vehicle insurer of the 4
	234	+	peer-to-peer car sharing program if the claim is: 5
	235	+	(1) Made against the shared vehicle owner or the 6
	236	+	shared vehicle driver for loss or injury that occurs during 7
	237	+	the car sharing period; and 8
	238	+	(2) Excluded under the terms of its policy. 9
	239	+	379.1945. 1. Notwithstanding any other law, statute, 1
	240	+	rule, or regulation to the contrary, a peer -to-peer car 2
	241	+	sharing program shall have an insurable interest in a sha red 3
	242	+	vehicle during the car sharing period. 4
	243	+	2. Nothing in this section creates liability on a peer - 5
	244	+	to-peer car sharing program to maintain the coverage 6
	245	+	mandated by section 379.1915. 7
	246	+	3. A peer–to–peer car sharing program may own and 8
	247	+	maintain as the named insured one or more policies of motor 9
	248	+	vehicle liability insurance that provides coverage for: 10
	249	+	(1) Liabilities assumed by the peer –to–peer car 11
	250	+	sharing program under a peer –to–peer car sharing program 12
	251	+	agreement; 13
	252	+	(2) Any liability of the shared vehicle owner; 14
	253	+	(3) Damage or loss to the shared vehicle; or 15
	254	+	(4) Any liability of the shared vehicle driver. 16 SB 181 9
	255	+	379.1950. Each car sharing program agreement made in 1
	256	+	this state shall disclose to the shared vehicle owner and 2
	257	+	the shared vehicle driver: 3
	258	+	(1) Any right of the peer -to-peer car sharing program 4
	259	+	to seek indemnification from the shared vehicle owner or the 5
	260	+	shared vehicle driver for economic loss sustained by the 6
	261	+	peer-to-peer car sharing program, res ulting from a breach of 7
	262	+	the terms and conditions of the car sharing program 8
	263	+	agreement; 9
	264	+	(2) That a motor vehicle liability insurance policy 10
	265	+	issued to the shared vehicle owner for the shared vehicle or 11
	266	+	to the shared vehicle driver does not provide a defense or 12
	267	+	indemnification for any claim asserted by the peer -to-peer 13
	268	+	car sharing program; 14
	269	+	(3) That the peer-to-peer car sharing program's 15
	270	+	insurance coverage on the shared vehicle owner and the 16
	271	+	shared vehicle driver is in effect only during eac h car 17
	272	+	sharing period and that, for any use of the shared vehicle 18
	273	+	by the shared vehicle driver after the car sharing 19
	274	+	termination time, the shared vehicle driver and the shared 20
	275	+	vehicle owner may not have insurance coverage; 21
	276	+	(4) The daily rate, fees , and if applicable, any 22
	277	+	insurance or protection package costs that are charged to 23
	278	+	the shared vehicle owner or the shared vehicle driver; 24
	279	+	(5) That the shared vehicle owner's motor vehicle 25
	280	+	liability insurance may not provide coverage for a shared 26
	281	+	vehicle; 27
	282	+	(6) An emergency telephone number to personnel capable 28
	283	+	of fielding roadside assistance and other customer service 29
	284	+	inquiries; and 30
	285	+	(7) Whether there are conditions under which a shared 31
	286	+	vehicle driver is required to maintain a personal automobile 32 SB 181 10
	287	+	insurance policy with certain applicable coverage limits on 33
	288	+	a primary basis in order to book a shared motor vehicle. 34
	289	+	379.1955. 1. A peer-to-peer car sharing program shall 1
	290	+	not enter into a peer -to-peer car sharing program agreement 2
	291	+	with a driver unless the driver who will operate the shared 3
	292	+	vehicle: 4
	293	+	(1) Holds a driver's license issued by this state that 5
	294	+	authorizes the driver to operate vehicles of the class of 6
	295	+	the shared vehicle; 7
	296	+	(2) Is a nonresident who: 8
	297	+	(a) Has a driver's license issued by the state or 9
	298	+	country of the driver's residence that authorizes the driver 10
	299	+	in that state or country to drive vehicles of the class of 11
	300	+	the shared vehicle; and 12
	301	+	(b) Is at least the same age as the age required of a 13
	302	+	resident to drive in this state; or 14
	303	+	(3) Otherwise is specifically authorized by this state 15
	304	+	to drive vehicles of the class of the shared vehicle. 16
	305	+	2. A peer-to-peer car sharing program shall keep a 17
	306	+	record of: 18
	307	+	(1) The name and address of the shared vehicle driver; 19
	308	+	(2) The number of the driver's license of the shared 20
	309	+	vehicle driver and of each other person, if any, who will 21
	310	+	operate the shared vehicle; and 22
	311	+	(3) The place of issuance of the driver's license. 23
	312	+	379.1960. A peer-to-peer car sharing program shall 1
	313	+	have sole responsibility for any equipment, such as a GPS 2
	314	+	system or other special equipment that is put in or on the 3
	315	+	vehicle to monitor or facilitate the car sharing 4
	316	+	transaction, and shall agree t o indemnify and hold harmless 5
	317	+	the shared vehicle owner for any damage to or theft of such 6
	318	+	equipment during the car sharing period not caused by the 7 SB 181 11
	319	+	shared vehicle owner. The peer-to-peer car sharing program 8
	320	+	has the right to seek indemnity from the sha red vehicle 9
	321	+	driver for any loss or damage to such equipment that occurs 10
	322	+	during the car sharing period. 11
	323	+	379.1965. 1. At the time when a vehicle owner 1
	324	+	registers as a shared vehicle owner on a peer -to-peer car 2
	325	+	sharing program and prio r to the time when the shared 3
	326	+	vehicle owner makes a shared vehicle available for car 4
	327	+	sharing on the peer-to-peer car sharing program, the peer -to- 5
	328	+	peer car sharing program shall: 6
	329	+	(1) Verify that the shared vehicle does not have any 7
	330	+	safety recalls on the vehicle for which the repairs have not 8
	331	+	been made; and 9
	332	+	(2) Notify the shared vehicle owner of the 10
	333	+	requirements under subsection 2 of this section. 11
	334	+	2. (1) If the shared vehicle owner has received an 12
	335	+	actual notice of a safety recall on the vehicle, a shared 13
	336	+	vehicle owner shall not make a vehicle available as a shared 14
	337	+	vehicle on a peer-to-peer car sharing program until the 15
	338	+	safety recall repair has been made. 16
	339	+	(2) If a shared vehicle owner receives an actual 17
	340	+	notice of a safety rec all on a shared vehicle while the 18
	341	+	shared vehicle is made available on the peer -to-peer car 19
	342	+	sharing program, the shared vehicle owner shall remove the 20
	343	+	shared vehicle as available on the peer -to-peer car sharing 21
	344	+	program as soon as practicable after recei ving the notice of 22
	345	+	the safety recall and until the safety recall repair has 23
	346	+	been made. 24
	347	+	(3) If a shared vehicle owner receives an actual 25
	348	+	notice of a safety recall while the shared vehicle is being 26
	349	+	used in the possession of a shared vehicle driver, as soon 27
	350	+	as practicable after receiving the notice of the safety 28 SB 181 12
	351	+	recall, the shared vehicle owner shall notify the peer -to- 29
	352	+	peer car sharing program about the safety recall so that the 30
	353	+	shared vehicle owner may address the safety recall repair. 31
	354	+	379.1970. The department of commerce and insurance may 1
	355	+	promulgate all necessary rules and regulations for the 2
	356	+	administration of sections 379.1900 to 379.1970. Any rule 3
	357	+	or portion of a rule, as that term is defined in section 4
	358	+	536.010, that is created under the authority delegated in 5
	359	+	this section shall become effective only if it complies with 6
	360	+	and is subject to all of the provisions of chapter 536 and, 7
	361	+	if applicable, section 536.028. This section and chapter 8
	362	+	536 are nonseverable and if any of the powers vested with 9
	363	+	the general assembly pursuant to chapter 536 to review, to 10
	364	+	delay the effective date, or to disapprove and annul a rule 11
	365	+	are subsequently held unconstitutional, then the grant of 12
	366	+	rulemaking authority and any rule pro posed or adopted after 13
	367	+	the effective date of this section shall be invalid and void. 14
	368	+	379.2000. Sections 379.2000 to 379.2025 shall be known 1
	369	+	and may be cited as the "Delivery Network Company Insurance 2
	370	+	Act". 3
	371	+	379.2005. For purposes of sections 379.2000 to 1
	372	+	379.2025, the following terms mean: 2
	373	+	(1) "Delivery availability period", the period when a 3
	374	+	delivery network company driver: 4
	375	+	(a) Has logged on to a digital network and is 5
	376	+	available to receive requests to provide delivery services 6
	377	+	from a delivery network company; 7
	378	+	(b) Is operating a personal vehicle; and 8
	379	+	(c) Is not providing delivery services or operating in 9
	380	+	the delivery service period; 10
	381	+	(2) "Delivery network company", an entity that: 11 SB 181 13
	382	+	(a) Is a corporation, partnership, sole 12
	383	+	proprietorship, or other entity; 13
	384	+	(b) Operates in this state; and 14
	385	+	(c) Uses a digital network to connect a delivery 15
	386	+	network company customer to a delivery network company 16
	387	+	driver to provide delivery se rvices; 17
	388	+	(3) "Delivery network company customer", a person who: 18
	389	+	(a) Orders the delivery of goods; and 19
	390	+	(b) Directs the delivery network company driver as to 20
	391	+	the delivery location for the goods; 21
	392	+	(4) "Delivery network company driver", an individual 22
	393	+	who provides delivery services through a delivery network 23
	394	+	company's digital network using a personal vehicle; 24
	395	+	(5) "Delivery service period", the period that: 25
	396	+	(a) Begins when a delivery network company driver 26
	397	+	starts operating a personal vehicle en route to pick up 27
	398	+	goods for a delivery or series of deliveries as documented 28
	399	+	through a digital network controlled by a delivery network 29
	400	+	company; 30
	401	+	(b) Continues while the delivery network company 31
	402	+	driver transports the requested d elivery or deliveries; and 32
	403	+	(c) Ends upon delivery of the requested goods to: 33
	404	+	a. The location designated by the delivery network 34
	405	+	company customer or the location designated by the last 35
	406	+	delivery network company customer in a series of deliverie s; 36
	407	+	or 37
	408	+	b. A location designated by the delivery network 38
	409	+	company, including for purposes of returning the goods; 39
	410	+	(6) "Delivery services", the fulfillment of delivery 40
	411	+	requests made by a delivery network company customer through 41
	412	+	a digital network, including the pickup of any goods by the 42
	413	+	delivery network company driver and the delivery of the 43 SB 181 14
	414	+	goods to the location designated by the delivery network 44
	415	+	company customer. The term "delivery services" may include 45
	416	+	a series of deliveries to the desi gnated locations of 46
	417	+	different delivery network company customers; 47
	418	+	(7) "Digital network", any online application, 48
	419	+	software, website, or system offered or utilized by a 49
	420	+	delivery network company that enables deliveries with 50
	421	+	delivery network company drivers; 51
	422	+	(8) "Personal vehicle", a motor vehicle that is: 52
	423	+	(a) Used by a delivery network company driver to 53
	424	+	provide delivery services through a digital network; and 54
	425	+	(b) Owned, leased, or otherwise authorized for use by 55
	426	+	the delivery network company driver. 56
	427	+	379.2010. 1. Sections 379.2000 to 379.2025 do not 1
	428	+	limit the scope of federal or state law regarding delivery 2
	429	+	or transport of goods. 3
	430	+	2. A delivery made under sections 379.2000 to 379.2025 4
	431	+	that is subject to a ny other law shall comply with the 5
	432	+	requirements of that law. 6
	433	+	3. If a conflict between sections 379.2000 to 379.2025 7
	434	+	and another law dealing with the delivery or transport of 8
	435	+	goods arises, the other law prevails. 9
	436	+	379.2015. 1. A delivery network company shall ensure 1
	437	+	that, during the delivery availability period, if 2
	438	+	applicable, and during the delivery service period, primary 3
	439	+	motor vehicle liability insurance is in effect that: 4
	440	+	(1) Recognizes that the operator of the motor vehicle 5
	441	+	is a delivery network company driver; or 6
	442	+	(2) Does not exclude coverage for use of a personal 7
	443	+	vehicle to provide deliveries. 8
	444	+	2. During the delivery service period and the delivery 9
	445	+	availability period, the delivery network company dri ver or 10 SB 181 15
	446	+	delivery network company, or any combination of the two, 11
	447	+	shall maintain motor vehicle liability insurance coverage 12
	448	+	that insures the delivery network company driver for 13
	449	+	liability to third parties of not less than: 14
	450	+	(1) Fifty thousand dollars for damages arising out of 15
	451	+	bodily injury sustained by any one person in an accident; 16
	452	+	(2) One hundred thousand dollars for damages arising 17
	453	+	out of bodily injury sustained by all persons injured in an 18
	454	+	accident; and 19
	455	+	(3) Twenty-five thousand dollars for all damages 20
	456	+	arising out of damage to or destruction of property in an 21
	457	+	accident. 22
	458	+	3. If the insurance coverage maintained by a delivery 23
	459	+	network company driver under subsections 1 and 2 of this 24
	460	+	section has lapsed or does not provide the req uired motor 25
	461	+	vehicle liability insurance coverage, the following 26
	462	+	requirements shall apply: 27
	463	+	(1) The insurance coverage maintained by the delivery 28
	464	+	network company shall provide the motor vehicle liability 29
	465	+	insurance coverage required by subsections 1 and 2 of this 30
	466	+	section beginning with the first one dollar of a claim; and 31
	467	+	(2) The insurance coverage maintained by the delivery 32
	468	+	network company shall provide that the motor vehicle 33
	469	+	liability insurer has the duty to defend the claim. 34
	470	+	4. Coverage under a motor vehicle liability insurance 35
	471	+	policy maintained by the delivery network company is not 36
	472	+	dependent upon another motor vehicle liability insurer first 37
	473	+	denying a claim nor shall another motor vehicle liability 38
	474	+	insurance policy be required to first deny a claim. 39
	475	+	5. Insurance coverage required by this section may be 40
	476	+	obtained from an insurance company licensed to transact 41 SB 181 16
	477	+	business under the insurance laws of this state or by an 42
	478	+	eligible surplus lines insurer under chapter 384. 43
	479	+	6. The coverage required under subsections 1 and 2 of 44
	480	+	this section shall be deemed to satisfy the motor vehicle 45
	481	+	financial responsibility requirements for a motor vehicle 46
	482	+	under chapter 303. 47
	483	+	7. (1) A delivery network company driver shall carry 48
	484	+	proof of insurance required under subsections 1 and 2 of 49
	485	+	this section at all times while using a personal vehicle in 50
	486	+	connection with a digital network. 51
	487	+	(2) In the event of an accident, a delivery network 52
	488	+	company driver shall, upon request: 53
	489	+	(a) Provide insurance coverage information to the 54
	490	+	directly interested parties, insurers, and investigating law 55
	491	+	enforcement officers; and 56
	492	+	(b) Disclose to the directly interested parties, 57
	493	+	insurers, and investigating law enforcement officers whether 58
	494	+	the delivery network company driver was operating during the 59
	495	+	delivery availability period or the delivery service period 60
	496	+	at the time of the accident. 61
	497	+	(3) The insurance coverage information required in 62
	498	+	section 303.024 may be displayed or provided in ei ther paper 63
	499	+	or electronic format. 64
	500	+	8. (1) In a claims coverage investigation, a delivery 65
	501	+	network company or an insurer of the delivery network 66
	502	+	company shall: 67
	503	+	(a) Cooperate with all insurers that are involved in 68
	504	+	the claims coverage investigat ion to facilitate the exchange 69
	505	+	of information; and 70
	506	+	(b) Upon request by directly involved parties or an 71
	507	+	insurer of directly involved parties, immediately provide 72
	508	+	the times that a delivery network company driver began and 73 SB 181 17
	509	+	ended the delivery availab ility period and the delivery 74
	510	+	service period on the delivery network company's digital 75
	511	+	network in: 76
	512	+	a. The twelve-hour period immediately preceding the 77
	513	+	accident; and 78
	514	+	b. The twelve-hour period immediately following the 79
	515	+	accident. 80
	516	+	(2) An insurer potentially providing the coverage 81
	517	+	required in this section shall disclose upon request by any 82
	518	+	other insurer involved in the particular claim a clear 83
	519	+	description of the applicable coverage, exclusions, and 84
	520	+	limits provided under any motor vehicl e liability insurance 85
	521	+	policies maintained in order to satisfy the requirements of 86
	522	+	this section. 87
	523	+	9. An insurer of a delivery network company providing 88
	524	+	coverage under subsections 1 and 2 of this section shall 89
	525	+	assume primary liability for a claim wh en: 90
	526	+	(1) A dispute exists as to when the delivery 91
	527	+	availability period or the delivery service period began or 92
	528	+	ended; and 93
	529	+	(2) The delivery network company does not have 94
	530	+	available, did not retain, or fails to provide the 95
	531	+	information required i n subsection 7 of this section. 96
	532	+	10. A delivery network company shall not be deemed to 97
	533	+	control, direct, or manage a personal vehicle or delivery 98
	534	+	network company driver who connects to the delivery network 99
	535	+	company's digital network except if agreed to by written 100
	536	+	contract. 101
	537	+	379.2020. A delivery network company shall not permit 1
	538	+	a delivery network company driver to engage in delivery 2
	539	+	services on the delivery network company's digital network 3 SB 181 18
	540	+	until the delivery network company disc loses in writing to 4
	541	+	the delivery network company driver: 5
	542	+	(1) The insurance coverage, including, but not limited 6
	543	+	to, the types of coverage and the limits for each coverage, 7
	544	+	that the delivery network company provides while the 8
	545	+	delivery network comp any driver uses a personal vehicle in 9
	546	+	connection with a delivery network company's digital 10
	547	+	network; and 11
	548	+	(2) That the delivery network company driver's own 12
	549	+	motor vehicle liability insurance policy may not provide any 13
	550	+	insurance coverage during the delivery availability period, 14
	551	+	if applicable, or the delivery service period. 15
	552	+	379.2025. 1. An insurer that is licensed to write 1
	553	+	motor vehicle liability insurance in this state may exclude 2
	554	+	coverage and deny the duty to defend or indem nify for a 3
	555	+	claim of injury or loss that occurs during the delivery 4
	556	+	availability period and the delivery service period. 5
	557	+	2. The right to exclude all coverage under subsection 6
	558	+	1 of this section may apply to any coverage included in the 7
	559	+	motor vehicle liability insurance policy including, but not 8
	560	+	limited to: 9
	561	+	(1) Liability coverage for bodily injury and property 10
	562	+	damage; 11
	563	+	(2) Uninsured and underinsured motorist coverage; 12
	564	+	(3) Medical payments coverage; 13
	565	+	(4) Comprehensive physical damage coverage; and 14
	566	+	(5) Collision physical damage coverage. 15
	567	+	3. Sections 379.2000 to 379.2025 do not: 16
	568	+	(1) Invalidate or limit an exclusion contained in a 17
	569	+	motor vehicle liability insurance policy, including any 18
	570	+	insurance policy in use or approved for use that excludes 19 SB 181 19
	571	+	coverage for motor vehicles used for delivery or for any 20
	572	+	business use; or 21
	573	+	(2) Invalidate, limit, or restrict an insurer's 22
	574	+	ability under existing law to: 23
	575	+	(a) Underwrite any insurance policy; or 24
	576	+	(b) Cancel and nonrenew an insurance policy. 25
	577	+	4. A motor vehicle liability insurer that defends or 26
	578	+	indemnifies a claim against a delivery network company 27
	579	+	driver that is excluded under the terms of its insurance 28
	580	+	policy may seek recovery against the insurer pr oviding 29
	581	+	insurance coverage under subsections 1 and 2 of section 30
	582	+	379.2015 if the claim: 31
	583	+	(1) Occurs during the delivery availability period or 32
	584	+	the delivery service period; and 33
	585	+	(2) Is excluded under the terms of its insurance 34
	586	+	policy. 35
	587	+	Section B. The enactment of sections 379.1900 to 1
	588	+	379.1970 and sections 379.2000 to 379.2025 of this act shall 2
	589	+	become effective on October 1, 2026. 3
	590	+	