FIRST REGULAR SESSION
SENATE BILL NO. 647
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
2362S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 379, RSMo, by adding thereto fourteen new sections relating to peer-to-peer car
sharing, with a delayed 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 1
fourteen new sections, to be known as sections 379.1900, 2
379.1910, 379.1915, 379.1920, 379.1925, 379.1930, 379.1935, 3
379.1940, 379.1945, 379.1950, 379.1955, 379.1960, 379.1965, and 4
379.1970, to read as follows:5
379.1900. Sections 379.1900 to 379.1970 shall be known 1
and may be cited as the "Peer -to-Peer Car Sharing Program 2
Act". 3
379.1910. For purposes of sections 379.1900 to 1
379.1970, except where otherwise provided, the following 2
terms mean: 3
(1) "Car sharing delivery period", the period of time 4
during which a shared vehicle is being delivered to the 5
location of the car sharing start time, if applicable, as 6
documented by the governing car sharing program agreement; 7
(2) "Car sharing period", the period of time that 8
commences with the car sharing delivery period or, if there 9
is no car sharing delivery period, that commences with the 10
car sharing start time and in either case ends at the car 11
sharing termination time; 12 SB 647 2
(3) "Car sharing program agreement", the terms and 13
conditions applicable to a shared vehicle owner and a shared 14
vehicle driver that govern the use of a shared vehicle 15
through a peer-to-peer car sharing program. The term "car 16
sharing program agreement" shall not in clude a master rental 17
agreement or rental agreement as such terms are defined in 18
section 407.730; 19
(4) "Car sharing start time", the time when the shared 20
vehicle becomes subject to the control of the shared vehicle 21
driver at or after the time the reservation of a shared 22
vehicle is scheduled to begin as documented in the records 23
of a peer–to–peer car sharing program; 24
(5) "Car sharing termination time", the earliest of 25
the following events: 26
(a) The expiration of the agreed -upon period of time 27
established for the use of a shared vehicle according to the 28
terms of the car sharing program agreement if the shared 29
vehicle is delivered to the location agreed upon in the car 30
sharing program agreement; 31
(b) When the shared vehicle is re turned to a location 32
as alternatively agreed upon by the shared vehicle owner and 33
the shared vehicle driver as communicated through a peer -to- 34
peer car sharing program, which alternatively agreed -upon 35
location shall be incorporated into the car sharing program 36
agreement; or 37
(c) When the shared vehicle owner or the shared 38
vehicle owner's authorized designee takes possession and 39
control of the shared vehicle; 40
(6) "Peer-to-peer car sharing", the authorized use of 41
a vehicle by an individual o ther than the vehicle's owner 42
through a peer-to-peer car sharing program. The term "peer- 43 SB 647 3
to-peer car sharing" shall not include a rental car or 44
rental activity as described in section 407.732; 45
(7) "Peer-to-peer car sharing program", a business 46
platform that connects vehicle owners with drivers to enable 47
the sharing of vehicles for financial consideration. The 48
term "peer-to-peer car sharing program" shall not include a 49
car rental company as defined in section 407.730; 50
(8) "Shared vehicle", a vehicle that is available for 51
sharing through a peer -to-peer car sharing program. The 52
term "shared vehicle" shall not include a rental car as 53
described in section 407.732; 54
(9) "Shared vehicle driver", an individual who has 55
been authorized to drive the shared vehicle by the shared 56
vehicle owner under a car sharing program agreement. The 57
term "shared vehicle driver" shall not include an authorized 58
driver as defined in section 407.730; 59
(10) "Shared vehicle owner", the registered owner , or 60
a person or entity designated by the registered owner, of a 61
vehicle made available for sharing to shared vehicle drivers 62
through a peer-to-peer car sharing program. The term 63
"shared vehicle owner" shall not include a car rental 64
company as defined in section 407.730. 65
379.1915. 1. Except as provided in subsection 2 of 1
this section, a peer -to-peer car sharing program shall 2
assume liability of a shared vehicle owner for bodily injury 3
or property damage, or provide uninsured mo torist or 4
personal injury protection, to the extent personal injury 5
protection coverage is required by law, for losses by 6
damaged third parties during the car sharing period in an 7
amount stated in the peer -to-peer car sharing program 8
agreement, which amount shall not be less than the amount 9
required under chapter 303. 10 SB 647 4
2. Notwithstanding the definition of "car sharing 11
termination time" in section 379.1910 to the contrary, the 12
assumption of liability under subsection 1 of this section 13
shall not apply to any shared vehicle owner when: 14
(1) A shared vehicle owner makes an intentional or 15
fraudulent material misrepresentation or omission to the 16
peer-to-peer car sharing program before the car sharing 17
period in which the loss occurred; or 18
(2) Acting in concert with a shared vehicle driver who 19
fails to return the shared vehicle in accordance with the 20
terms of the car sharing program agreement. 21
3. Notwithstanding the definition of "car sharing 22
termination time" in section 379.1910 to the contrary, the 23
assumption of liability under subsection 1 of this section 24
shall apply to bodily injury, property damage, uninsured 25
motorist, or personal injury, to the extent personal injury 26
protection coverage is required by law, losses by damag ed 27
third parties as required by chapter 303. 28
4. A peer-to-peer car sharing program shall ensure 29
that, during each car sharing period, the shared vehicle 30
owner and the shared vehicle driver are insured under a 31
motor vehicle liability insurance pol icy that provides 32
insurance coverage in amounts no less than the minimum 33
amounts set forth in chapter 303, and that: 34
(1) Recognizes that the shared vehicle insured under 35
the policy is made available and used through a peer -to-peer 36
car sharing program; or 37
(2) Does not exclude use of a shared vehicle by a 38
shared vehicle driver. 39
5. The insurance described under subsection 4 of this 40
section may be satisfied by motor vehicle liability 41
insurance maintained by: 42 SB 647 5
(1) A shared vehicle owner; 43
(2) A shared vehicle driver; 44
(3) A peer-to-peer car sharing program; or 45
(4) A shared vehicle owner, a shared vehicle driver, 46
and a peer-to-peer car sharing program. 47
6. The insurance described in subsection 5 of this 48
section that is satisfying the insurance requirement of 49
subsection 4 of this section shall be primary during each 50
car sharing period. If a claim occurs in another state with 51
minimum financial responsibility limits higher than the 52
minimum financial responsibil ity requirements in chapter 303 53
during the car sharing period, the coverage maintained under 54
subsection 5 of this section shall satisfy the difference in 55
minimum coverage amounts up to the applicable policy limits. 56
7. The insurer, insurers, or pee r-to-peer car sharing 57
program providing coverage under subsection 4 or 5 of this 58
section shall assume primary liability for a claim when: 59
(1) A dispute exists as to who was in control of the 60
shared vehicle at the time of the loss and the peer -to-peer 61
car sharing program does not have available, did not retain, 62
or fails to provide the information required by section 63
379.1930; or 64
(2) A dispute exists as to whether the shared vehicle 65
was returned to the alternatively agreed -upon location as 66
required under paragraph (b) of subdivision (5) of section 67
379.1910. 68
8. If insurance maintained by a shared vehicle owner 69
or shared vehicle driver in accordance with subsection 5 of 70
this section has lapsed or does not provide the required 71
coverage, insurance maintained by a peer -to-peer car sharing 72
program shall provide the coverage required by subsection 4 73
of this section beginning with the first dollar of a claim 74 SB 647 6
and have the duty to defend such claim except under 75
circumstances as set forth in subsection 2 of this section. 76
9. Coverage under an automobile insurance policy 77
maintained by the peer -to-peer car sharing program shall not 78
be dependent on another automobile insurer first denying a 79
claim nor shall another automobile insurance policy be 80
required to first deny a claim. 81
10. Nothing in this section: 82
(1) Limits the liability of the peer -to-peer car 83
sharing program for any act or omission of the peer -to-peer 84
car sharing program itself that results in injury to any 85
person as a result of the use of a shared vehicle through a 86
peer-to-peer car sharing program; or 87
(2) Limits the ability of the peer -to-peer car sharing 88
program to, by contract, seek indemnification from the 89
shared vehicle owner or the shared vehicle driver for 90
economic loss sustained by the peer -to-peer car sharing 91
program, resulting from a breach of the terms and conditions 92
of the car sharing program agreement. 93
379.1920. At the time when a vehicle owner registers 1
as a shared vehicle owner on a peer -to-peer car sharing 2
program and prior to the time when the shared vehicle owner 3
makes a shared vehicle available for car sharing on the peer - 4
to-peer car sharing program, the peer -to-peer car sharing 5
program shall notify the shar ed vehicle owner that, if the 6
shared vehicle has a lien against it, the use of the shared 7
vehicle through a peer -to-peer car sharing program, 8
including use without physical damage coverage, may violate 9
the terms of the contract with the lienholder. 10
379.1925. 1. An authorized insurer that writes motor 1
vehicle liability insurance in this state may exclude any 2
and all coverage and the duty to defend or indemnify for any 3 SB 647 7
claim afforded under a shared vehicle owner's motor vehicle 4
liability insurance policy including, but not limited to: 5
(1) Liability coverage for bodily injury and property 6
damage; 7
(2) Personal injury protection coverage; 8
(3) Uninsured and underinsured motorist coverage; 9
(4) Medical payments coverage; 10
(5) Comprehensive physical damage coverage; and 11
(6) Collision physical damage coverage. 12
2. Nothing in sections 379.1900 to 379.1970 13
invalidates or limits an exclusion contained in a motor 14
vehicle liability insurance policy, including any insurance 15
policy in use or approved for use that excludes coverage for 16
motor vehicles made available for rent, sharing, or hire or 17
for any business use. 18
3. Nothing in sections 379.1900 to 379.1970 19
invalidates, limits, or restricts an insurer's ability under 20
existing law to underwrite any insurance policy. Nothing in 21
sections 379.1900 to 379.1970 invalidates, limits, or 22
restricts an insurer's ability under existing law to cancel 23
and nonrenew policies. 24
379.1930. A peer-to-peer car sharing program shall 1
collect and verify records pertaining to the use of a 2
vehicle including, but not limited to, times used, car 3
sharing period pick-up and drop-off locations, fees paid by 4
the shared vehicle driver, and revenues received by the 5
shared vehicle owner. The peer-to-peer car sharing program 6
shall provide such information upon request to the shared 7
vehicle owner, the shared vehicle owner's insurer, or the 8
shared vehicle driver's insurer to facilitate a claim 9
coverage investigation, settlement, negotiation, or 10
litigation. The peer-to-peer car sharing program shall 11 SB 647 8
retain the records for a time period not less than the 12
applicable personal injury statute of limitations. 13
379.1935. A peer-to-peer car sharing program and a 1
shared vehicle owner shall be exempt from vicarious 2
liability, consistent with 49 U.S.C. Section 30106, under 3
any state or local law that imposes liability solely based 4
on vehicle ownership. 5
379.1940. A motor vehicle insurer that defends or 1
indemnifies a claim against a shared vehicle that is 2
excluded under the terms of its policy shall have the right 3
to seek recovery against the motor vehicle insurer of the 4
peer-to-peer car sharing program if the clai m is: 5
(1) Made against the shared vehicle owner or the 6
shared vehicle driver for loss or injury that occurs during 7
the car sharing period; and 8
(2) Excluded under the terms of its policy. 9
379.1945. 1. Notwithstanding any o ther law, statute, 1
rule, or regulation to the contrary, a peer -to-peer car 2
sharing program shall have an insurable interest in a shared 3
vehicle during the car sharing period. 4
2. Nothing in this section creates liability on a peer - 5
to-peer car sharing program to maintain the coverage 6
mandated by section 379.1915. 7
3. A peer–to–peer car sharing program may own and 8
maintain as the named insured one or more policies of motor 9
vehicle liability insurance that provides coverage for: 10
(1) Liabilities assumed by the peer –to–peer car 11
sharing program under a peer –to–peer car sharing program 12
agreement; 13
(2) Any liability of the shared vehicle owner; 14
(3) Damage or loss to the shared vehicle; or 15
(4) Any liability of the shared vehi cle driver. 16 SB 647 9
379.1950. Each car sharing program agreement made in 1
this state shall disclose to the shared vehicle owner and 2
the shared vehicle driver: 3
(1) Any right of the peer -to-peer car sharing program 4
to seek indemnification from the shared vehicle owner or the 5
shared vehicle driver for economic loss sustained by the 6
peer-to-peer car sharing program, resulting from a breach of 7
the terms and conditions of the car sharing program 8
agreement; 9
(2) That a motor vehicle li ability insurance policy 10
issued to the shared vehicle owner for the shared vehicle or 11
to the shared vehicle driver does not provide a defense or 12
indemnification for any claim asserted by the peer -to-peer 13
car sharing program; 14
(3) That the peer-to-peer car sharing program's 15
insurance coverage on the shared vehicle owner and the 16
shared vehicle driver is in effect only during each car 17
sharing period and that, for any use of the shared vehicle 18
by the shared vehicle driver after the car sharing 19
termination time, the shared vehicle driver and the shared 20
vehicle owner may not have insurance coverage; 21
(4) The daily rate, fees, and if applicable, any 22
insurance or protection package costs that are charged to 23
the shared vehicle owner or the share d vehicle driver; 24
(5) That the shared vehicle owner's motor vehicle 25
liability insurance may not provide coverage for a shared 26
vehicle; 27
(6) An emergency telephone number to personnel capable 28
of fielding roadside assistance and other customer service 29
inquiries; and 30
(7) Whether there are conditions under which a shared 31
vehicle driver is required to maintain a personal automobile 32 SB 647 10
insurance policy with certain applicable coverage limits on 33
a primary basis in order to book a shared motor vehicle. 34
379.1955. 1. A peer-to-peer car sharing program shall 1
not enter into a peer -to-peer car sharing program agreement 2
with a driver unless the driver who will operate the shared 3
vehicle: 4
(1) Holds a driver's license issue d by this state that 5
authorizes the driver to operate vehicles of the class of 6
the shared vehicle; 7
(2) Is a nonresident who: 8
(a) Has a driver's license issued by the state or 9
country of the driver's residence that authorizes the driver 10
in that state or country to drive vehicles of the class of 11
the shared vehicle; and 12
(b) Is at least the same age as the age required of a 13
resident to drive in this state; or 14
(3) Otherwise is specifically authorized by this state 15
to drive vehicles of the class of the shared vehicle. 16
2. A peer-to-peer car sharing program shall keep a 17
record of: 18
(1) The name and address of the shared vehicle driver; 19
(2) The number of the driver's license of the shared 20
vehicle driver and of each ot her person, if any, who will 21
operate the shared vehicle; and 22
(3) The place of issuance of the driver's license. 23
379.1960. A peer-to-peer car sharing program shall 1
have sole responsibility for any equipment, such as a GPS 2
system or other special equipment that is put in or on the 3
vehicle to monitor or facilitate the car sharing 4
transaction, and shall agree to indemnify and hold harmless 5
the shared vehicle owner for any damage to or theft of such 6
equipment during the car shari ng period not caused by the 7 SB 647 11
shared vehicle owner. The peer-to-peer car sharing program 8
has the right to seek indemnity from the shared vehicle 9
driver for any loss or damage to such equipment that occurs 10
during the car sharing period. 11
379.1965. 1. At the time when a vehicle owner 1
registers as a shared vehicle owner on a peer -to-peer car 2
sharing program and prior to the time when the shared 3
vehicle owner makes a shared vehicle available for car 4
sharing on the peer-to-peer car sharing program, the peer -to- 5
peer car sharing program shall: 6
(1) Verify that the shared vehicle does not have any 7
safety recalls on the vehicle for which the repairs have not 8
been made; and 9
(2) Notify the shared vehicle owner of the 10
requirements under subsection 2 of this section. 11
2. (1) If the shared vehicle owner has received an 12
actual notice of a safety recall on the vehicle, a shared 13
vehicle owner shall not make a vehicle available as a shared 14
vehicle on a peer-to-peer car sharing program until the 15
safety recall repair has been made. 16
(2) If a shared vehicle owner receives an actual 17
notice of a safety recall on a shared vehicle while the 18
shared vehicle is made available on the peer -to-peer car 19
sharing program, the shared v ehicle owner shall remove the 20
shared vehicle as available on the peer -to-peer car sharing 21
program as soon as practicable after receiving the notice of 22
the safety recall and until the safety recall repair has 23
been made. 24
(3) If a shared vehicle own er receives an actual 25
notice of a safety recall while the shared vehicle is being 26
used in the possession of a shared vehicle driver, as soon 27
as practicable after receiving the notice of the safety 28 SB 647 12
recall, the shared vehicle owner shall notify the peer -to- 29
peer car sharing program about the safety recall so that the 30
shared vehicle owner may address the safety recall repair. 31
379.1970. The department of commerce and insurance may 1
promulgate all necessary rules and regulations for the 2
administration of sections 379.1900 to 379.1970. Any rule 3
or portion of a rule, as that term is defined in section 4
536.010, that is created under the authority delegated in 5
this section shall become effective only if it complies with 6
and is subject to all of the provisions of chapter 536 and, 7
if applicable, section 536.028. This section and chapter 8
536 are nonseverable and if any of the powers vested with 9
the general assembly pursuant to chapter 536 to review, to 10
delay the effective date, or to d isapprove and annul a rule 11
are subsequently held unconstitutional, then the grant of 12
rulemaking authority and any rule proposed or adopted after 13
the effective date of this section shall be invalid and void. 14
Section B. The enactment of sections 379.1900 to 1
379.1970 of this act shall become effective on January 1, 2
2026. 3