0655S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 181
AN ACT
To amend chapter 379, RSMo, by adding thereto twenty -
one new sections relating to certain uses of motor
vehicles, with an effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 379, RSMo, is amended by adding thereto
twenty-one new sections, to be known as sections 379.1900,
379.1905, 379.1910, 379.1915, 379.1920, 379.1925, 379.1930,
379.1935, 379.1940, 379.1945, 379.1950, 379.1955, 379.1960,
379.1965, 379.1970, 379.2000, 379.2005, 379.2010, 379.2015,
379.2020, and 379.2025, to read as follows:
379.1900. Sections 379.1900 to 379.1970 shall be known
and may be cited as the "Peer -to-Peer Car Sharing Program
Insurance Act".
379.1905. Nothing in sections 379.1900 to 379.1970
shall be construed to extend beyond insurance or have any
implications for sections other than sections 379.1900 to
379.1970 including, but not limited to, sections related to
motor vehicle regulation, airport regulation, or taxation.
The provisions of sections 379.1900 to 379.1970 shall not be
construed to affect any other provision of law, and nothing
in sections 379.1900 to 379.1970 shall be construed to
distinguish or equate peer -to-peer car sharing pro grams and
car rental companies except as otherwise provided in
sections 379.1900 to 379.1970.
379.1910. For purposes of sections 379.1900 to
379.1970, except where otherwise provided, the following
terms mean:
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(1) "Car sharing delivery period", the period of time
during which a shared vehicle is being delivered to the
location of the car sharing start time, if applicable, as
documented by the governing car sharing program agreement;
(2) "Car sharing period", the period of time that
commences with the car sharing delivery period or, if there
is no car sharing delivery period, that commences with the
car sharing start time and in either case ends at the car
sharing termination time;
(3) "Car sharing program agreeme nt", the terms and
conditions applicable to a shared vehicle owner and a shared
vehicle driver that govern the use of a shared vehicle
through a peer-to-peer car sharing program. The term "car
sharing program agreement" shall not include a master rent al
agreement or a rental agreement, as such terms are defined
in section 407.730;
(4) "Car sharing start time", the time when the shared
vehicle becomes subject to the control of the shared vehicle
driver at or after the time the reservation of a shared
vehicle is scheduled to begin as documented in the records
of a peer–to–peer car sharing program;
(5) "Car sharing termination time", the earliest of
the following events:
(a) The expiration of the agreed -upon period of time
established for the use of a shared vehicle according to the
terms of the car sharing program agreement if the shared
vehicle is delivered to the location agreed upon in the car
sharing program agreement;
(b) When the shared vehicle is returned to a loca tion
as alternatively agreed upon by the shared vehicle owner and
the shared vehicle driver as communicated through a peer -to-
peer car sharing program, which alternatively agreed -upon
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location shall be incorporated into the car sharing program
agreement; or
(c) When the shared vehicle owner or the shared
vehicle owner's authorized designee takes possession and
control of the shared vehicle;
(6) "Peer-to-peer car sharing", the authorized use of
a vehicle by an individual other than the ve hicle's owner
through a peer-to-peer car sharing program. The term "peer-
to-peer car sharing" does not include a rental car or rental
activity as described in section 407.732;
(7) "Peer-to-peer car sharing program", a business
platform that connects vehicle owners with drivers to enable
the sharing of vehicles for financial consideration. The
term "peer-to-peer car sharing program" does not include a
car rental company as defined in section 407.730;
(8) "Shared vehicle", a vehicle that is available for
sharing through a peer -to-peer car sharing program. The
term "shared vehicle" does not include a rental car as
described in section 407.732;
(9) "Shared vehicle driver", an individual who has
been authorized to drive the shared vehicle by the shared
vehicle owner under a car sharing program agreement. The
term "shared vehicle driver" shall not include an authorized
driver, as defined in section 407.730;
(10) "Shared vehicle owner", the registered owner, or
a person or entity designated by the registered owner, of a
vehicle made available for sharing to shared vehicle drivers
through a peer-to-peer car sharing program.
379.1915. 1. Except as provided in subsection 2 of
this section, a peer -to-peer car sharing program shall
assume liability of a shared vehicle owner for bodily injury
or property damage to third parties or uninsured and
underinsured motorist or, to the extent personal injury
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protection coverage is required by law, personal injury
protection losses during the car sharing period in an amount
stated in the peer-to-peer car sharing program agreement,
which amount shall not be less than the amount required
under chapter 303.
2. Notwithstanding the definition of "car sharing
termination time" in section 379.1910, the assumption of
liability under subsection 1 of this section shall not apply
to any shared vehicle owner when:
(1) A shared vehicle owner makes an intentional or
fraudulent material misrepresentation or omissi on to the
peer-to-peer car sharing program before the car sharing
period in which the loss occurred; or
(2) Acting in concert with a shared vehicle driver who
fails to return the shared vehicle in accordance with the
terms of the car sharing prog ram agreement.
3. Notwithstanding the definition of "car sharing
termination time" in section 379.1910, the assumption of
liability under subsection 1 of this section shall apply to
bodily injury, property damage, uninsured and underinsured
motorist, or, to the extent personal injury protection
coverage is required by law, personal injury protection
losses by damaged third parties as required by chapter 303.
4. A peer-to-peer car sharing program shall ensure
that, during each car sharing period, the shared vehicle
owner and the shared vehicle driver are insured under a
motor vehicle liability insurance policy that provides
insurance coverage in amounts no less than the minimum
amounts set forth in chapter 303, and that:
(1) Recognizes that the shared vehicle insured under
the policy is made available and used through a peer -to-peer
car sharing program; or
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(2) Does not exclude use of a shared vehicle by a
shared vehicle driver.
5. The insurance described under subsec tion 4 of this
section may be satisfied by motor vehicle liability
insurance maintained by:
(1) A shared vehicle owner;
(2) A shared vehicle driver;
(3) A peer-to-peer car sharing program; or
(4) A shared vehicle owner, a shared v ehicle driver,
and a peer-to-peer car sharing program.
6. The insurance described in subsection 5 of this
section that is satisfying the insurance requirement of
subsection 4 of this section shall be primary during each
car sharing period. If a claim occurs in another state with
minimum financial responsibility limits higher than the
minimum financial responsibility requirements in chapter 303
during the car sharing period, the coverage maintained under
subsection 5 of this section shall sati sfy the difference in
minimum coverage amounts up to the applicable policy limits.
7. The insurer, insurers, or peer -to-peer car sharing
program providing coverage under subsection 4 or 5 of this
section shall assume primary liability for a claim when:
(1) A dispute exists as to who was in control of the
shared vehicle at the time of the loss and the peer -to-peer
car sharing program does not have available, did not retain,
or fails to provide the information required by section
379.1930; or
(2) A dispute exists as to whether the shared vehicle
was returned to the alternatively agreed -upon location as
required under paragraph (b) of subdivision (5) of section
379.1910.
8. If insurance maintained by a shared vehicle owner
or shared vehicle driver in accordance with subsection 5 of
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this section has lapsed or does not provide the required
coverage, insurance maintained by a peer -to-peer car sharing
program shall provide the coverage required by subsection 4
of this section beginning with the first dollar of a claim
and have the duty to defend such claim except under
circumstances as set forth in subsection 2 of this section.
9. Coverage under an automobile insurance policy
maintained by the peer -to-peer car sharing program shall not
be dependent on another automobile insurer first denying a
claim nor shall another automobile insurance policy be
required to first deny a claim.
10. Nothing in this section:
(1) Limits the liability of the peer -to-peer car
sharing program for any act or omission of the peer -to-peer
car sharing program itself that results in injury to any
person as a result of the use of a shared vehicle through a
peer-to-peer car sharing program; or
(2) Limits the ability of the pe er-to-peer car sharing
program to, by contract, seek indemnification from the
shared vehicle owner or the shared vehicle driver for
economic loss sustained by the peer -to-peer car sharing
program, resulting from a breach of the terms and conditions
of the car sharing program agreement.
379.1920. At the time when a vehicle owner registers
as a shared vehicle owner on a peer -to-peer car sharing
program and prior to the time when the shared vehicle owner
makes a shared vehicle availabl e for car sharing on the peer -
to-peer car sharing program, the peer -to-peer car sharing
program shall notify the shared vehicle owner that, if the
shared vehicle has a lien against it, the use of the shared
vehicle through a peer -to-peer car sharing program,
including use without physical damage coverage, may violate
the terms of the contract with the lienholder.
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379.1925. 1. An authorized insurer that writes motor
vehicle liability insurance in this state may exclude any
and all coverage and the duty to defend or indemnify for any
claim afforded under a shared vehicle owner's motor vehicle
liability insurance policy including, but not limited to:
(1) Liability coverage for bodily injury and property
damage;
(2) Personal injury protection coverage;
(3) Uninsured and underinsured motorist coverage;
(4) Medical payments coverage;
(5) Comprehensive physical damage coverage; and
(6) Collision physical damage coverage.
2. Nothing in sections 37 9.1900 to 379.1970
invalidates or limits an exclusion contained in a motor
vehicle liability insurance policy, including any insurance
policy in use or approved for use that excludes coverage for
motor vehicles made available for rent, sharing, or hire or
for any business use.
3. Nothing in sections 379.1900 to 379.1970
invalidates, limits, or restricts an insurer's ability under
existing law to underwrite any insurance policy. Nothing in
sections 379.1900 to 379.1970 invalidates, limits, or
restricts an insurer's ability under existing law to cancel
and nonrenew policies.
379.1930. A peer-to-peer car sharing program shall
collect and verify records pertaining to the use of a
vehicle including, but not limited to, times us ed, car
sharing period pick-up and drop-off locations, fees paid by
the shared vehicle driver, and revenues received by the
shared vehicle owner. The peer-to-peer car sharing program
shall provide such information upon request to the shared
vehicle owner, the shared vehicle owner's insurer, or the
shared vehicle driver's insurer to facilitate a claim
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coverage investigation, settlement, negotiation, or
litigation. The peer-to-peer car sharing program shall
retain the records for a time period not less than the
applicable personal injury statute of limitations.
379.1935. A peer-to-peer car sharing program and a
shared vehicle owner shall be exempt from vicarious
liability in accordance with 49 U.S.C. Section 30106 and
under any state or local law that imposes liability solely
based on vehicle ownership.
379.1940. A motor vehicle insurer that defends or
indemnifies a claim against a shared vehicle that is
excluded under the terms of its policy shall have the ri ght
to seek recovery against the motor vehicle insurer of the
peer-to-peer car sharing program if the claim is:
(1) Made against the shared vehicle owner or the
shared vehicle driver for loss or injury that occurs during
the car sharing period; a nd
(2) Excluded under the terms of its policy.
379.1945. 1. Notwithstanding any other law, statute,
rule, or regulation to the contrary, a peer -to-peer car
sharing program shall have an insurable interest in a shared
vehicle during the car sharing period.
2. Nothing in this section creates liability on a peer -
to-peer car sharing program to maintain the coverage
mandated by section 379.1915.
3. A peer–to–peer car sharing program may own and
maintain as the named insu red one or more policies of motor
vehicle liability insurance that provides coverage for:
(1) Liabilities assumed by the peer –to–peer car
sharing program under a peer –to–peer car sharing program
agreement;
(2) Any liability of the shared veh icle owner;
(3) Damage or loss to the shared vehicle; or
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(4) Any liability of the shared vehicle driver.
379.1950. Each car sharing program agreement made in
this state shall disclose to the shared vehicle owner and
the shared vehicle driver:
(1) Any right of the peer -to-peer car sharing program
to seek indemnification from the shared vehicle owner or the
shared vehicle driver for economic loss sustained by the
peer-to-peer car sharing program, resulting from a breach of
the terms and conditions of the car sharing program
agreement;
(2) That a motor vehicle liability insurance policy
issued to the shared vehicle owner for the shared vehicle or
to the shared vehicle driver does not provide a defense or
indemnification for any claim asserted by the peer -to-peer
car sharing program;
(3) That the peer-to-peer car sharing program's
insurance coverage on the shared vehicle owner and the
shared vehicle driver is in effect only during each car
sharing period and that, for any use of the shared vehicle
by the shared vehicle driver after the car sharing
termination time, the shared vehicle driver and the shared
vehicle owner may not have insurance coverage;
(4) The daily rate, fees, and if applicable, any
insurance or protection package costs that are charged to
the shared vehicle owner or the shared vehicle driver;
(5) That the shared vehicle owner's motor vehicle
liability insurance may not provide coverage for a shared
vehicle;
(6) An emergency telephone number to personnel capable
of fielding roadside assistance and other customer service
inquiries; and
(7) Whether there are conditions under which a shared
vehicle driver is required to maintain a personal automobile
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insurance policy with certain applicable coverage limits on
a primary basis in order to book a shared motor vehicle.
379.1955. 1. A peer-to-peer car sharing program shall
not enter into a peer -to-peer car sharing program agreement
with a driver unless the driver who will operate the shared
vehicle:
(1) Holds a driver's license issued by this state that
authorizes the driver to operate vehicles of the class of
the shared vehicle;
(2) Is a nonresident who:
(a) Has a driver's license issued by the state or
country of the driver's residence that authorizes the driver
in that state or country to drive vehicles of the class of
the shared vehicle; and
(b) Is at least the same age as the age required of a
resident to drive in this state; or
(3) Otherwise is specifically authorized by this state
to drive vehicles of the class of the shared vehicle.
2. A peer-to-peer car sharing program shall keep a
record of:
(1) The name and address of the shared vehicl e driver;
(2) The number of the driver's license of the shared
vehicle driver and of each other person, if any, who will
operate the shared vehicle; and
(3) The place of issuance of the driver's license.
379.1960. A peer-to-peer car sharing program shall
have sole responsibility for any equipment, such as a GPS
system or other special equipment that is put in or on the
vehicle to monitor or facilitate the car sharing
transaction, and shall agree to indemnify and hold harml ess
the shared vehicle owner for any damage to or theft of such
equipment during the car sharing period not caused by the
shared vehicle owner. The peer-to-peer car sharing program
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has the right to seek indemnity from the shared vehicle
driver for any loss or damage to such equipment that occurs
during the car sharing period.
379.1965. 1. At the time when a vehicle owner
registers as a shared vehicle owner on a peer -to-peer car
sharing program and prior to the time when the shared
vehicle owner makes a shared vehicle available for car
sharing on the peer-to-peer car sharing program, the peer -to-
peer car sharing program shall:
(1) Verify that the shared vehicle does not have any
safety recalls on the vehicle for which the repairs have not
been made; and
(2) Notify the shared vehicle owner of the
requirements under subsection 2 of this section.
2. (1) If the shared vehicle owner has received an
actual notice of a safety recall on the vehicle, a shared
vehicle owner shall not make a vehicle available as a shared
vehicle on a peer-to-peer car sharing program until the
safety recall repair has been made.
(2) If a shared vehicle owner receives an actual
notice of a safety recall on a shared vehicle while the
shared vehicle is made available on the peer -to-peer car
sharing program, the shared vehicle owner shall remove the
shared vehicle as available on the peer -to-peer car sharing
program as soon as practicable after receiving the notice of
the safety recall and until the safety recall repair has
been made.
(3) If a shared vehicle owner receives an actual
notice of a safety recall while the shared vehicle is being
used in the possession of a shared vehicle driver, as soon
as practicable after receiving the notice of the safety
recall, the shared vehicle owner shall notify the peer -to-
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peer car sharing program about the safety recall so that the
shared vehicle owner may address the safety recall repair.
379.1970. The department of commerce and insurance may
promulgate all necessary rules and regulations for the
administration of sections 379.1900 to 379.1970. Any rule
or portion of a rule, as that term is defined in section
536.010, that is created under the authority de legated in
this section shall become effective only if it complies with
and is subject to all of the provisions of chapter 536 and,
if applicable, section 536.028. This section and chapter
536 are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536 to review, to
delay the effective date, or to disapprove and annul a rule
are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after
the effective date of this section shall be invalid and void.
379.2000. Sections 379.2000 to 379.2025 shall be known
and may be cited as the "Delivery Network Company Insurance
Act".
379.2005. For purposes of sections 379.2000 to
379.2025, the following terms mean:
(1) "Delivery availability period", the period when a
delivery network company driver:
(a) Has logged on to a digital network and is eligible
to receive requests to provide delivery services from a
delivery network company;
(b) Is operating a personal vehicle; and
(c) Is not providing delivery services or operating in
the delivery service period;
(2) "Delivery network company", an entity that:
(a) Is a corporation, partnership, sole
proprietorship, or other entity;
(b) Operates in this state; and
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(c) Uses a digital network to connect a delivery
network company customer to a delivery network company
driver to provide delivery services;
(3) "Delivery network company custo mer", a person who:
(a) Orders the delivery of goods; and
(b) Directs the delivery network company driver as to
the delivery location for the goods;
(4) "Delivery network company driver", an individual
who provides delivery services thr ough a delivery network
company's digital network using a personal vehicle;
(5) "Delivery service period", the period that:
(a) Begins when a delivery network company driver
starts operating a personal vehicle en route to pick up
goods for a delivery or series of deliveries as documented
through a digital network controlled by a delivery network
company;
(b) Continues while the delivery network company
driver transports the requested delivery or deliveries; and
(c) Ends upon delivery of the requested goods to:
a. The location designated by the delivery network
company customer or the location designated by the last
delivery network company customer in a series of deliveries;
or
b. A location designated by the deli very network
company, including for purposes of returning the goods;
(6) "Delivery services", the fulfillment of delivery
requests made by a delivery network company customer through
a digital network, including the pickup of any goods by the
delivery network company driver and the delivery of the
goods to the location designated by the delivery network
company customer. The term "delivery services" may include
a series of deliveries to the designated locations of
different delivery network c ompany customers;
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(7) "Digital network", any online application,
software, website, or system offered or utilized by a
delivery network company that enables deliveries with
delivery network company drivers;
(8) "Personal vehicle", a motor ve hicle that is:
(a) Used by a delivery network company driver to
provide delivery services through a digital network; and
(b) Owned, leased, or otherwise authorized for use by
the delivery network company driver.
379.2010. 1. Sections 379.2000 to 379.2025 do not
limit the scope of federal or state law regarding delivery
or transport of goods.
2. A delivery made under sections 379.2000 to 379.2025
that is subject to any other law shall comply with the
requirements of that law.
3. If a conflict between sections 379.2000 to 379.2025
and another law dealing with the delivery or transport of
goods arises, the other law prevails.
4. A delivery network company driver shall be
considered an independent contract or and not an employee of
a delivery network company for all purposes. A digital
network shall not be considered a product under the laws of
this state.
379.2015. 1. A delivery network company shall ensure
that, during the delivery a vailability period, if
applicable, and during the delivery service period, primary
motor vehicle liability insurance is in effect that:
(1) Recognizes that the operator of the motor vehicle
is a delivery network company driver; or
(2) Does not exclude coverage for use of a personal
vehicle to provide deliveries.
2. During the delivery service period and the delivery
availability period, the delivery network company driver or
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delivery network company, or any combination of the two,
shall maintain motor vehicle liability insurance coverage
that insures the delivery network company driver for
liability to third parties of not less than:
(1) Fifty thousand dollars for damages arising out of
bodily injury sustained by any one per son in an accident;
(2) One hundred thousand dollars for damages arising
out of bodily injury sustained by all persons injured in an
accident; and
(3) Twenty-five thousand dollars for all damages
arising out of damage to or destruction of pr operty in an
accident.
3. If the insurance coverage maintained by a delivery
network company driver under subsections 1 and 2 of this
section has lapsed or does not provide the required motor
vehicle liability insurance coverage, the following
requirements shall apply:
(1) The insurance coverage maintained by the delivery
network company shall provide the motor vehicle liability
insurance coverage required by subsections 1 and 2 of this
section beginning with the first one dollar of a cl aim; and
(2) The insurance coverage maintained by the delivery
network company shall provide that the motor vehicle
liability insurer has the duty to defend the claim.
4. Coverage under a motor vehicle liability insurance
policy maintained by the delivery network company is not
dependent upon another motor vehicle liability insurer first
denying a claim nor shall another motor vehicle liability
insurance policy be required to first deny a claim.
5. Insurance coverage required by this section may be
obtained from an insurance company licensed to transact
business under the insurance laws of this state or by an
eligible surplus lines insurer under chapter 384.
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6. The coverage required under subsections 1 and 2 of
this section shall be deemed to satisfy the motor vehicle
financial responsibility requirements for a motor vehicle
under chapter 303.
7. (1) A delivery network company driver shall carry
proof of insurance required under subsections 1 and 2 of
this section at all times while using a personal vehicle in
connection with a digital network.
(2) In the event of an accident, a delivery network
company driver shall, upon request:
(a) Provide insurance coverage information to the
directly interested p arties, insurers, and investigating law
enforcement officers; and
(b) Disclose to the directly interested parties,
insurers, and investigating law enforcement officers whether
the delivery network company driver was operating during the
delivery availability period or the delivery service period
at the time of the accident.
(3) The insurance coverage information required in
section 303.024 may be displayed or provided in either paper
or electronic format.
8. (1) In a claims coverage investigation, a delivery
network company or an insurer of the delivery network
company shall:
(a) Cooperate with all insurers that are involved in
the claims coverage investigation to facilitate the exchange
of information; and
(b) Upon request by directly involved parties or an
insurer of directly involved parties, immediately provide
the times that a delivery network company driver began and
ended the delivery availability period and the delivery
service period on the delivery netwo rk company's digital
network in:
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a. The twelve-hour period immediately preceding the
accident; and
b. The twelve-hour period immediately following the
accident.
(2) An insurer potentially providing the coverage
required in this sectio n shall disclose upon request by any
other insurer involved in the particular claim a clear
description of the applicable coverage, exclusions, and
limits provided under any motor vehicle liability insurance
policies maintained in order to satisfy the requirements of
this section.
9. An insurer of a delivery network company providing
coverage under subsections 1 and 2 of this section shall
assume primary liability for a claim when:
(1) A dispute exists as to when the delivery
availability period or the delivery service period began or
ended; and
(2) The delivery network company does not have
available, did not retain, or fails to provide the
information required in subsection 7 of this section.
10. A delivery network compan y shall not be deemed to
control, direct, or manage a personal vehicle or delivery
network company driver who connects to the delivery network
company's digital network except if agreed to by written
contract.
379.2020. A delivery network company shall not permit
a delivery network company driver to engage in delivery
services on the delivery network company's digital network
until the delivery network company discloses in writing or
electronically to the delivery network company dr iver:
(1) The insurance coverage, including the types of
coverage and the limits for each coverage, that the delivery
network company provides while the delivery network company
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driver uses a personal vehicle in connection with a delivery
network company's digital network; and
(2) That the delivery network company driver's own
motor vehicle liability insurance policy may not provide any
insurance coverage during the delivery availability period,
if applicable, or the delivery service peri od.
379.2025. 1. An insurer that is licensed to write
motor vehicle liability insurance in this state may exclude
coverage and deny the duty to defend or indemnify for a
claim of injury or loss that occurs during the delivery
availability period and the delivery service period.
2. The right to exclude all coverage under subsection
1 of this section may apply to any coverage included in the
motor vehicle liability insurance policy including, but not
limited to:
(1) Liability coverage for bodily injury and property
damage;
(2) Uninsured and underinsured motorist coverage;
(3) Medical payments coverage;
(4) Comprehensive physical damage coverage; and
(5) Collision physical damage coverage.
3. Sections 379.2000 to 379.2025 do not:
(1) Invalidate or limit an exclusion contained in a
motor vehicle liability insurance policy, including any
insurance policy in use or approved for use that excludes
coverage for motor vehicles used for deliver y or for any
business use; or
(2) Invalidate, limit, or restrict an insurer's
ability under existing law to:
(a) Underwrite any insurance policy; or
(b) Cancel and nonrenew an insurance policy.
4. A motor vehicle liability insurer that defends or
indemnifies a claim against a delivery network company
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driver that is excluded under the terms of its insurance
policy may seek recovery against the insurer providing
insurance coverage under subsections 1 and 2 of section
379.2015 if the claim:
(1) Occurs during the delivery availability period or
the delivery service period; and
(2) Is excluded under the terms of its insurance
policy.
Section B. The enactment of sections 379.1900 to
379.1970 and sections 379.2000 to 379.2025 of this act shall
become effective on October 1, 2026.
Section C. If any provision of section A of this act
or the application thereof to anyone or to any circumstance
is held invalid, the remainder of those sect ions and the
application of such provisions to others or other
circumstances shall not be affected thereby.