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Missouri Senate Bill SB647

Missouri 2025 Regular Session

Missouri Senate Bill SB647 Compare Versions

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22 FIRST REGULAR SESSION
33 SENATE BILL NO. 647
44 103RD GENERAL ASSEMBLY
55 INTRODUCED BY SENATOR TRENT.
66 2362S.02I KRISTINA MARTIN, Secretary
77 AN ACT
88 To amend chapter 379, RSMo, by adding thereto fourteen new sections relating to peer-to-peer car
99 sharing, with a delayed effective date.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
1212 Section A. Chapter 379, RSMo, is amended by adding thereto 1
1313 fourteen new sections, to be known as sections 379.1900, 2
1414 379.1910, 379.1915, 379.1920, 379.1925, 379.1930, 379.1935, 3
1515 379.1940, 379.1945, 379.1950, 379.1955, 379.1960, 379.1965, and 4
1616 379.1970, to read as follows:5
1717 379.1900. Sections 379.1900 to 379.1970 shall be known 1
1818 and may be cited as the "Peer -to-Peer Car Sharing Program 2
1919 Act". 3
2020 379.1910. For purposes of sections 379.1900 to 1
2121 379.1970, except where otherwise provided, the following 2
2222 terms mean: 3
2323 (1) "Car sharing delivery period", the period of time 4
2424 during which a shared vehicle is being delivered to the 5
2525 location of the car sharing start time, if applicable, as 6
2626 documented by the governing car sharing program agreement; 7
2727 (2) "Car sharing period", the period of time that 8
2828 commences with the car sharing delivery period or, if there 9
2929 is no car sharing delivery period, that commences with the 10
3030 car sharing start time and in either case ends at the car 11
3131 sharing termination time; 12 SB 647 2
3232 (3) "Car sharing program agreement", the terms and 13
3333 conditions applicable to a shared vehicle owner and a shared 14
3434 vehicle driver that govern the use of a shared vehicle 15
3535 through a peer-to-peer car sharing program. The term "car 16
3636 sharing program agreement" shall not in clude a master rental 17
3737 agreement or rental agreement as such terms are defined in 18
3838 section 407.730; 19
3939 (4) "Car sharing start time", the time when the shared 20
4040 vehicle becomes subject to the control of the shared vehicle 21
4141 driver at or after the time the reservation of a shared 22
4242 vehicle is scheduled to begin as documented in the records 23
4343 of a peer–to–peer car sharing program; 24
4444 (5) "Car sharing termination time", the earliest of 25
4545 the following events: 26
4646 (a) The expiration of the agreed -upon period of time 27
4747 established for the use of a shared vehicle according to the 28
4848 terms of the car sharing program agreement if the shared 29
4949 vehicle is delivered to the location agreed upon in the car 30
5050 sharing program agreement; 31
5151 (b) When the shared vehicle is re turned to a location 32
5252 as alternatively agreed upon by the shared vehicle owner and 33
5353 the shared vehicle driver as communicated through a peer -to- 34
5454 peer car sharing program, which alternatively agreed -upon 35
5555 location shall be incorporated into the car sharing program 36
5656 agreement; or 37
5757 (c) When the shared vehicle owner or the shared 38
5858 vehicle owner's authorized designee takes possession and 39
5959 control of the shared vehicle; 40
6060 (6) "Peer-to-peer car sharing", the authorized use of 41
6161 a vehicle by an individual o ther than the vehicle's owner 42
6262 through a peer-to-peer car sharing program. The term "peer- 43 SB 647 3
6363 to-peer car sharing" shall not include a rental car or 44
6464 rental activity as described in section 407.732; 45
6565 (7) "Peer-to-peer car sharing program", a business 46
6666 platform that connects vehicle owners with drivers to enable 47
6767 the sharing of vehicles for financial consideration. The 48
6868 term "peer-to-peer car sharing program" shall not include a 49
6969 car rental company as defined in section 407.730; 50
7070 (8) "Shared vehicle", a vehicle that is available for 51
7171 sharing through a peer -to-peer car sharing program. The 52
7272 term "shared vehicle" shall not include a rental car as 53
7373 described in section 407.732; 54
7474 (9) "Shared vehicle driver", an individual who has 55
7575 been authorized to drive the shared vehicle by the shared 56
7676 vehicle owner under a car sharing program agreement. The 57
7777 term "shared vehicle driver" shall not include an authorized 58
7878 driver as defined in section 407.730; 59
7979 (10) "Shared vehicle owner", the registered owner , or 60
8080 a person or entity designated by the registered owner, of a 61
8181 vehicle made available for sharing to shared vehicle drivers 62
8282 through a peer-to-peer car sharing program. The term 63
8383 "shared vehicle owner" shall not include a car rental 64
8484 company as defined in section 407.730. 65
8585 379.1915. 1. Except as provided in subsection 2 of 1
8686 this section, a peer -to-peer car sharing program shall 2
8787 assume liability of a shared vehicle owner for bodily injury 3
8888 or property damage, or provide uninsured mo torist or 4
8989 personal injury protection, to the extent personal injury 5
9090 protection coverage is required by law, for losses by 6
9191 damaged third parties during the car sharing period in an 7
9292 amount stated in the peer -to-peer car sharing program 8
9393 agreement, which amount shall not be less than the amount 9
9494 required under chapter 303. 10 SB 647 4
9595 2. Notwithstanding the definition of "car sharing 11
9696 termination time" in section 379.1910 to the contrary, the 12
9797 assumption of liability under subsection 1 of this section 13
9898 shall not apply to any shared vehicle owner when: 14
9999 (1) A shared vehicle owner makes an intentional or 15
100100 fraudulent material misrepresentation or omission to the 16
101101 peer-to-peer car sharing program before the car sharing 17
102102 period in which the loss occurred; or 18
103103 (2) Acting in concert with a shared vehicle driver who 19
104104 fails to return the shared vehicle in accordance with the 20
105105 terms of the car sharing program agreement. 21
106106 3. Notwithstanding the definition of "car sharing 22
107107 termination time" in section 379.1910 to the contrary, the 23
108108 assumption of liability under subsection 1 of this section 24
109109 shall apply to bodily injury, property damage, uninsured 25
110110 motorist, or personal injury, to the extent personal injury 26
111111 protection coverage is required by law, losses by damag ed 27
112112 third parties as required by chapter 303. 28
113113 4. A peer-to-peer car sharing program shall ensure 29
114114 that, during each car sharing period, the shared vehicle 30
115115 owner and the shared vehicle driver are insured under a 31
116116 motor vehicle liability insurance pol icy that provides 32
117117 insurance coverage in amounts no less than the minimum 33
118118 amounts set forth in chapter 303, and that: 34
119119 (1) Recognizes that the shared vehicle insured under 35
120120 the policy is made available and used through a peer -to-peer 36
121121 car sharing program; or 37
122122 (2) Does not exclude use of a shared vehicle by a 38
123123 shared vehicle driver. 39
124124 5. The insurance described under subsection 4 of this 40
125125 section may be satisfied by motor vehicle liability 41
126126 insurance maintained by: 42 SB 647 5
127127 (1) A shared vehicle owner; 43
128128 (2) A shared vehicle driver; 44
129129 (3) A peer-to-peer car sharing program; or 45
130130 (4) A shared vehicle owner, a shared vehicle driver, 46
131131 and a peer-to-peer car sharing program. 47
132132 6. The insurance described in subsection 5 of this 48
133133 section that is satisfying the insurance requirement of 49
134134 subsection 4 of this section shall be primary during each 50
135135 car sharing period. If a claim occurs in another state with 51
136136 minimum financial responsibility limits higher than the 52
137137 minimum financial responsibil ity requirements in chapter 303 53
138138 during the car sharing period, the coverage maintained under 54
139139 subsection 5 of this section shall satisfy the difference in 55
140140 minimum coverage amounts up to the applicable policy limits. 56
141141 7. The insurer, insurers, or pee r-to-peer car sharing 57
142142 program providing coverage under subsection 4 or 5 of this 58
143143 section shall assume primary liability for a claim when: 59
144144 (1) A dispute exists as to who was in control of the 60
145145 shared vehicle at the time of the loss and the peer -to-peer 61
146146 car sharing program does not have available, did not retain, 62
147147 or fails to provide the information required by section 63
148148 379.1930; or 64
149149 (2) A dispute exists as to whether the shared vehicle 65
150150 was returned to the alternatively agreed -upon location as 66
151151 required under paragraph (b) of subdivision (5) of section 67
152152 379.1910. 68
153153 8. If insurance maintained by a shared vehicle owner 69
154154 or shared vehicle driver in accordance with subsection 5 of 70
155155 this section has lapsed or does not provide the required 71
156156 coverage, insurance maintained by a peer -to-peer car sharing 72
157157 program shall provide the coverage required by subsection 4 73
158158 of this section beginning with the first dollar of a claim 74 SB 647 6
159159 and have the duty to defend such claim except under 75
160160 circumstances as set forth in subsection 2 of this section. 76
161161 9. Coverage under an automobile insurance policy 77
162162 maintained by the peer -to-peer car sharing program shall not 78
163163 be dependent on another automobile insurer first denying a 79
164164 claim nor shall another automobile insurance policy be 80
165165 required to first deny a claim. 81
166166 10. Nothing in this section: 82
167167 (1) Limits the liability of the peer -to-peer car 83
168168 sharing program for any act or omission of the peer -to-peer 84
169169 car sharing program itself that results in injury to any 85
170170 person as a result of the use of a shared vehicle through a 86
171171 peer-to-peer car sharing program; or 87
172172 (2) Limits the ability of the peer -to-peer car sharing 88
173173 program to, by contract, seek indemnification from the 89
174174 shared vehicle owner or the shared vehicle driver for 90
175175 economic loss sustained by the peer -to-peer car sharing 91
176176 program, resulting from a breach of the terms and conditions 92
177177 of the car sharing program agreement. 93
178178 379.1920. At the time when a vehicle owner registers 1
179179 as a shared vehicle owner on a peer -to-peer car sharing 2
180180 program and prior to the time when the shared vehicle owner 3
181181 makes a shared vehicle available for car sharing on the peer - 4
182182 to-peer car sharing program, the peer -to-peer car sharing 5
183183 program shall notify the shar ed vehicle owner that, if the 6
184184 shared vehicle has a lien against it, the use of the shared 7
185185 vehicle through a peer -to-peer car sharing program, 8
186186 including use without physical damage coverage, may violate 9
187187 the terms of the contract with the lienholder. 10
188188 379.1925. 1. An authorized insurer that writes motor 1
189189 vehicle liability insurance in this state may exclude any 2
190190 and all coverage and the duty to defend or indemnify for any 3 SB 647 7
191191 claim afforded under a shared vehicle owner's motor vehicle 4
192192 liability insurance policy including, but not limited to: 5
193193 (1) Liability coverage for bodily injury and property 6
194194 damage; 7
195195 (2) Personal injury protection coverage; 8
196196 (3) Uninsured and underinsured motorist coverage; 9
197197 (4) Medical payments coverage; 10
198198 (5) Comprehensive physical damage coverage; and 11
199199 (6) Collision physical damage coverage. 12
200200 2. Nothing in sections 379.1900 to 379.1970 13
201201 invalidates or limits an exclusion contained in a motor 14
202202 vehicle liability insurance policy, including any insurance 15
203203 policy in use or approved for use that excludes coverage for 16
204204 motor vehicles made available for rent, sharing, or hire or 17
205205 for any business use. 18
206206 3. Nothing in sections 379.1900 to 379.1970 19
207207 invalidates, limits, or restricts an insurer's ability under 20
208208 existing law to underwrite any insurance policy. Nothing in 21
209209 sections 379.1900 to 379.1970 invalidates, limits, or 22
210210 restricts an insurer's ability under existing law to cancel 23
211211 and nonrenew policies. 24
212212 379.1930. A peer-to-peer car sharing program shall 1
213213 collect and verify records pertaining to the use of a 2
214214 vehicle including, but not limited to, times used, car 3
215215 sharing period pick-up and drop-off locations, fees paid by 4
216216 the shared vehicle driver, and revenues received by the 5
217217 shared vehicle owner. The peer-to-peer car sharing program 6
218218 shall provide such information upon request to the shared 7
219219 vehicle owner, the shared vehicle owner's insurer, or the 8
220220 shared vehicle driver's insurer to facilitate a claim 9
221221 coverage investigation, settlement, negotiation, or 10
222222 litigation. The peer-to-peer car sharing program shall 11 SB 647 8
223223 retain the records for a time period not less than the 12
224224 applicable personal injury statute of limitations. 13
225225 379.1935. A peer-to-peer car sharing program and a 1
226226 shared vehicle owner shall be exempt from vicarious 2
227227 liability, consistent with 49 U.S.C. Section 30106, under 3
228228 any state or local law that imposes liability solely based 4
229229 on vehicle ownership. 5
230230 379.1940. A motor vehicle insurer that defends or 1
231231 indemnifies a claim against a shared vehicle that is 2
232232 excluded under the terms of its policy shall have the right 3
233233 to seek recovery against the motor vehicle insurer of the 4
234234 peer-to-peer car sharing program if the clai m is: 5
235235 (1) Made against the shared vehicle owner or the 6
236236 shared vehicle driver for loss or injury that occurs during 7
237237 the car sharing period; and 8
238238 (2) Excluded under the terms of its policy. 9
239239 379.1945. 1. Notwithstanding any o ther law, statute, 1
240240 rule, or regulation to the contrary, a peer -to-peer car 2
241241 sharing program shall have an insurable interest in a shared 3
242242 vehicle during the car sharing period. 4
243243 2. Nothing in this section creates liability on a peer - 5
244244 to-peer car sharing program to maintain the coverage 6
245245 mandated by section 379.1915. 7
246246 3. A peer–to–peer car sharing program may own and 8
247247 maintain as the named insured one or more policies of motor 9
248248 vehicle liability insurance that provides coverage for: 10
249249 (1) Liabilities assumed by the peer –to–peer car 11
250250 sharing program under a peer –to–peer car sharing program 12
251251 agreement; 13
252252 (2) Any liability of the shared vehicle owner; 14
253253 (3) Damage or loss to the shared vehicle; or 15
254254 (4) Any liability of the shared vehi cle driver. 16 SB 647 9
255255 379.1950. Each car sharing program agreement made in 1
256256 this state shall disclose to the shared vehicle owner and 2
257257 the shared vehicle driver: 3
258258 (1) Any right of the peer -to-peer car sharing program 4
259259 to seek indemnification from the shared vehicle owner or the 5
260260 shared vehicle driver for economic loss sustained by the 6
261261 peer-to-peer car sharing program, resulting from a breach of 7
262262 the terms and conditions of the car sharing program 8
263263 agreement; 9
264264 (2) That a motor vehicle li ability insurance policy 10
265265 issued to the shared vehicle owner for the shared vehicle or 11
266266 to the shared vehicle driver does not provide a defense or 12
267267 indemnification for any claim asserted by the peer -to-peer 13
268268 car sharing program; 14
269269 (3) That the peer-to-peer car sharing program's 15
270270 insurance coverage on the shared vehicle owner and the 16
271271 shared vehicle driver is in effect only during each car 17
272272 sharing period and that, for any use of the shared vehicle 18
273273 by the shared vehicle driver after the car sharing 19
274274 termination time, the shared vehicle driver and the shared 20
275275 vehicle owner may not have insurance coverage; 21
276276 (4) The daily rate, fees, and if applicable, any 22
277277 insurance or protection package costs that are charged to 23
278278 the shared vehicle owner or the share d vehicle driver; 24
279279 (5) That the shared vehicle owner's motor vehicle 25
280280 liability insurance may not provide coverage for a shared 26
281281 vehicle; 27
282282 (6) An emergency telephone number to personnel capable 28
283283 of fielding roadside assistance and other customer service 29
284284 inquiries; and 30
285285 (7) Whether there are conditions under which a shared 31
286286 vehicle driver is required to maintain a personal automobile 32 SB 647 10
287287 insurance policy with certain applicable coverage limits on 33
288288 a primary basis in order to book a shared motor vehicle. 34
289289 379.1955. 1. A peer-to-peer car sharing program shall 1
290290 not enter into a peer -to-peer car sharing program agreement 2
291291 with a driver unless the driver who will operate the shared 3
292292 vehicle: 4
293293 (1) Holds a driver's license issue d by this state that 5
294294 authorizes the driver to operate vehicles of the class of 6
295295 the shared vehicle; 7
296296 (2) Is a nonresident who: 8
297297 (a) Has a driver's license issued by the state or 9
298298 country of the driver's residence that authorizes the driver 10
299299 in that state or country to drive vehicles of the class of 11
300300 the shared vehicle; and 12
301301 (b) Is at least the same age as the age required of a 13
302302 resident to drive in this state; or 14
303303 (3) Otherwise is specifically authorized by this state 15
304304 to drive vehicles of the class of the shared vehicle. 16
305305 2. A peer-to-peer car sharing program shall keep a 17
306306 record of: 18
307307 (1) The name and address of the shared vehicle driver; 19
308308 (2) The number of the driver's license of the shared 20
309309 vehicle driver and of each ot her person, if any, who will 21
310310 operate the shared vehicle; and 22
311311 (3) The place of issuance of the driver's license. 23
312312 379.1960. A peer-to-peer car sharing program shall 1
313313 have sole responsibility for any equipment, such as a GPS 2
314314 system or other special equipment that is put in or on the 3
315315 vehicle to monitor or facilitate the car sharing 4
316316 transaction, and shall agree to indemnify and hold harmless 5
317317 the shared vehicle owner for any damage to or theft of such 6
318318 equipment during the car shari ng period not caused by the 7 SB 647 11
319319 shared vehicle owner. The peer-to-peer car sharing program 8
320320 has the right to seek indemnity from the shared vehicle 9
321321 driver for any loss or damage to such equipment that occurs 10
322322 during the car sharing period. 11
323323 379.1965. 1. At the time when a vehicle owner 1
324324 registers as a shared vehicle owner on a peer -to-peer car 2
325325 sharing program and prior to the time when the shared 3
326326 vehicle owner makes a shared vehicle available for car 4
327327 sharing on the peer-to-peer car sharing program, the peer -to- 5
328328 peer car sharing program shall: 6
329329 (1) Verify that the shared vehicle does not have any 7
330330 safety recalls on the vehicle for which the repairs have not 8
331331 been made; and 9
332332 (2) Notify the shared vehicle owner of the 10
333333 requirements under subsection 2 of this section. 11
334334 2. (1) If the shared vehicle owner has received an 12
335335 actual notice of a safety recall on the vehicle, a shared 13
336336 vehicle owner shall not make a vehicle available as a shared 14
337337 vehicle on a peer-to-peer car sharing program until the 15
338338 safety recall repair has been made. 16
339339 (2) If a shared vehicle owner receives an actual 17
340340 notice of a safety recall on a shared vehicle while the 18
341341 shared vehicle is made available on the peer -to-peer car 19
342342 sharing program, the shared v ehicle owner shall remove the 20
343343 shared vehicle as available on the peer -to-peer car sharing 21
344344 program as soon as practicable after receiving the notice of 22
345345 the safety recall and until the safety recall repair has 23
346346 been made. 24
347347 (3) If a shared vehicle own er receives an actual 25
348348 notice of a safety recall while the shared vehicle is being 26
349349 used in the possession of a shared vehicle driver, as soon 27
350350 as practicable after receiving the notice of the safety 28 SB 647 12
351351 recall, the shared vehicle owner shall notify the peer -to- 29
352352 peer car sharing program about the safety recall so that the 30
353353 shared vehicle owner may address the safety recall repair. 31
354354 379.1970. The department of commerce and insurance may 1
355355 promulgate all necessary rules and regulations for the 2
356356 administration of sections 379.1900 to 379.1970. Any rule 3
357357 or portion of a rule, as that term is defined in section 4
358358 536.010, that is created under the authority delegated in 5
359359 this section shall become effective only if it complies with 6
360360 and is subject to all of the provisions of chapter 536 and, 7
361361 if applicable, section 536.028. This section and chapter 8
362362 536 are nonseverable and if any of the powers vested with 9
363363 the general assembly pursuant to chapter 536 to review, to 10
364364 delay the effective date, or to d isapprove and annul a rule 11
365365 are subsequently held unconstitutional, then the grant of 12
366366 rulemaking authority and any rule proposed or adopted after 13
367367 the effective date of this section shall be invalid and void. 14
368368 Section B. The enactment of sections 379.1900 to 1
369369 379.1970 of this act shall become effective on January 1, 2
370370 2026. 3
371371