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SENATE FLOOR VERSION
February 25, 2021
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO.355 By: Rosino of the Senate
and
Sims of the House
An Act relating to motor vehicles; creating the Peer -
to-Peer Car Sharing Program Act; defin ing terms;
requiring assumption of liability for certain losses
or injuries; providing for actions resulting in
nonliability; providing for minimum compulsory
insurance coverage; stating certain parties charged
with maintaining insurance coverage; requirin g
certain primary insurance coverage; providing for
controlling insurance coverage for out -of-state
accidents; providing for when certain entities assume
primary liability; requiring certain coverage and
duty to defend; providing exceptions; requiring
certain nondependence on other insurers; disallowing
certain limits to liability and contracting; allowing
for certain indemnification; providing for certain
notice; making certain exclusions; allowing for
certain insurance pol icy exclusions; stating the act
does not invalidate, limit or restrict insurers from
underwriting or the ability to cancel or nonrenew
policies; requiring collection and verification of
certain records; requiring retention of records;
exempting owner from vicarious liability; providing
for right to seek contribution; requiring certain
insurable interest; providing for certain
nonliability; allowing program to maintain certain
policy coverages; requiring certain disclosures;
stating certain requirements of c ar sharing program
agreement; requiring certain recordkeeping; stating
certain party responsibilities and requirements;
stating certain requirements of programs and owners;
requiring verification of safety recalls; providing
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for certain nonuse of car; requ iring certain notice;
amending 68 O.S. 2011, Section 2110, as amended by
Section 5, Chapter 316, O.S.L. 2012 (68 O.S. Supp.
2020, Section 2110), which relates to rental tax;
specifying rental tax shall not apply to certain
shared vehicles; providing for collection of tax;
defining terms; authorizing the Oklahoma Tax
Commission to prescribe certain rules and
regulations; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 1050 of Title 47, unless there
is created a duplication in numbering, reads as follows:
Sections 1 through 15 of this act shall be known and may be
cited as the “Peer-to-Peer Car Sharing Program Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1051 of Title 47, unless there
is created a duplication in numbering, reads as follows:
As used in the Peer-to-Peer Car Sharing Progra m Act:
1. “Peer-to-peer car sharing” or “sharing” means the authorized
use of a vehicle by an individual other than the vehicle ’s owner
through a peer-to-peer car sharing program;
2. “Peer-to-peer car sharing prog ram” or “program” means a
business platform that connects vehicle owners with drivers to
enable the sharing of vehicles for financial consideration. A peer-
to-peer car sharing program is not engaged in “renting motor
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vehicles without a driver ” in Oklahoma within the meaning of Section
2110 of Title 68 of the Oklahoma Statutes, except as specifically
provided in that section. A peer-to-peer car sharing program is not
“engaged in the business of renting motor vehicles with out drivers”
under the provisions o f Section 8-101 of Title 47 of the Oklaho ma
Statutes. A peer-to-peer car sharing program is not a service
provider who is solely providing hardware or software as a service
to a person or entity that is not effectuating payment of financial
consideration for the use of a shared vehicle. A peer-to-peer car
sharing program shall not be considered a transportation network
company as defined in Section 1011 of Title 47 of the Oklahoma
Statutes;
3. “Peer-to-peer car sharing program agreement ” or “agreement”
means 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 . A peer-to-peer car
sharing program agreement is not a rental agreement within the
meaning of Section 2110 of Title 68 of the Oklahoma Statutes, except
as specifically provided in that section. A peer-to-peer car
sharing program agreement is not an agreement to rent a motor
vehicle without a driver under the provisions of Section 8-101 of
Title 47 of the Oklahoma Statute s;
4. “Shared vehicle” or “vehicle” means a vehicle that is
available for sharing through a peer -to-peer car sharing program . A
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shared vehicle is not a “motor vehicle that is rented ” within the
meaning of Section 2110 of Title 68 of the Oklahoma Statutes , except
as specifically provided in that section . A shared vehicle is not a
“motor vehicle engaged in the business of renting a motor vehicle
without a driver” as described pursuant to Section 8 -101 of Title 47
of the Oklahoma Statutes ;
5. “Shared vehicle driver” or “driver” means an individual who
has been authorized to drive the shared vehicle by the shared
vehicle owner under a car sharing program agreement;
6. “Shared vehicle owner ” or “owner” means the registered owner,
or a person or entity design ated by the registered owner, of a
vehicle made available for sharing to shared vehicle drivers through
a peer-to-peer car sharing program;
7. “Car sharing delivery period ” or “delivery period” means the
period of time during which a shared vehicle is bei ng delivered to
the location of the car sharing start time, if applicable, as
documented by the governing car sharing program agreement;
8. “Car sharing period” or “sharing period” means the period of
time that commences with the car sharing delivery peri od 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;
9. “Car sharing start time ” or “start time” means the time when
the shared vehicle becomes sub ject to the control of the shared
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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; and
10. “Car sharing termination time ” or “termination time” means
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 location as
alternatively agreed upon by the shared vehicle owner
and the shared vehicle driver as communicated through
a peer-to-peer car sharing program agreem ent, which
alternatively agreed upon 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.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1052 of Title 47, unless there
is created a duplication in numbering, reads as follows:
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A. A peer-to-peer car sharing program shall assume liability ,
except as provided in subsection B of this section, of a shared
vehicle owner for bodily injury or property damage to third parties
or uninsured and underinsured motorist or personal injury protection
losses during the car sharing period, in an amount st ated in the
peer-to-peer car sharing program agreement, which shall not be less
than those set forth in Section 7 -600 et seq. of Title 47 of the
Oklahoma Statutes.
B. Notwithstanding the definition of “car sharing termination
time” as set forth in Section 2 of this act, the assumption of
liability under subsection A of this section shall not apply to any
shared vehicle owner when a shared vehicle owner:
1. Makes an intentional or fraudulent material
misrepresentation or omission to the peer -to-peer car sharing
program before the car sharing period in which the loss occurred; or
2. Acts in concert with a shared vehicle driver who fails to
return the shared vehicle pursuant to the terms of the car sharing
program agreement.
C. Notwithstanding the definitio n of “car sharing termination
time” as set forth in Section 2 of this act, the assumption of
liability under subsection A of this section shall apply to bodily
injury, property damage, uninsured and underinsured moto rist or
personal injury protection losse s by damaged third parties required
by Section 7-600 et seq. of Title 47 of the Oklahoma Statutes.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 10 53 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. 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 Section 7 -600 et seq. of Title 47 of
the Oklahoma Statutes, and:
1. Recognizes that the shared vehicle insured under the policy
is made available and used through a peer -to-peer car sharing
program; or
2. Does not exclude use of a shared vehicle by a shared vehicle
driver.
B. The insurance required under subsection A of this section
may be satisfied by motor vehicle liability insu rance maintained by:
1. A shared vehicle owner;
2. A shared vehicle driver;
3. A peer-to-peer car sharing program; or
4. Any combination of a shared vehicle owner, a shared vehicle
driver and a peer-to-peer car sharing program.
C. The insurance requir ed in subsection B of this section, th at
is satisfying the requirement of subsection A of this section, shall
be primary during each car sharing period , and in the event that a
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claim occurs in another state with minimum financial responsibility
limits higher than those provided pursuant to Sec tion 7-600 et seq.
of Title 47 of the Oklahoma Statutes, during the car sharing period,
the coverage maintained under subsection E of this section shall
satisfy the difference in minimum coverage amounts, up to the
applicable policy limits .
D. The insurer, insurers, or peer-to-peer car sharing program
providing coverage under subsection A or B of this section shall
assume primary liability for a claim when:
1. A dispute exists as to who was in control of the shared
motor vehicle at the ti me 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 5 of this act; or
2. A dispute exists as to whether the shared vehicle was
returned to the alternatively agreed upon lo cation as required under
Section 2 of the Peer -to-Peer Car Sharing Program Act.
E. If insurance maintained by a shared vehicle owner or shared
vehicle driver in accordance with subsection B of this section has
lapsed or does not provide the required cover age, insurance
maintained by a peer-to-peer car sharing program shall provide the
coverage required by subsection A of this section beginning with the
first dollar of a claim and shall have the duty to defend such clai m
except under circumstances as set fo rth in subsection B of Section 3
of this act.
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F. 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 cl aim, nor shall another
automobile insurance policy be required to first deny a claim.
G. Nothing in the Peer-to-Peer Car Sharing Program Act shall:
1. Limit the liability of the peer -to-peer car sharing program
for any act or omission of the program itse lf 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. Limit the ability of the peer -to-peer car sharing program
to, by contract, seek indemnification from the shared vehicle ow ner
or the shared vehicle driver for e conomic 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.
SECTION 5. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 1054 of Title 47, unless there
is created a duplication in numbering, reads as follows:
At the time a vehicle owner registers as a shared vehicle owner
on a peer-to-peer car sharing program and prior to the time the
shared vehicle owner makes a shared vehicle available for car
sharing on the peer-to-peer car sharing program, the program shall
notify the shared vehicle owner that, if the shared vehicle has a
lien against it, the use of the shared vehicle thro ugh a peer-to-
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peer car sharing program , including use without physical damage
coverage, may violate the terms of the contract with the lienholder.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 1055 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. 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 mo torist coverage;
4. Medical payments coverage;
5. Comprehensive physical damage coverage; and
6. Collision physical damage coverage.
B. Nothing in the Peer-to-Peer Car Sharing Program Act shall
invalidate or limit an exclusion contained in a motor vehi cle
liability insurance policy including any insurance policy in use or
approved for use, that excludes coverage for motor vehicles made
available for rent, sharing, hire or for any business use.
C. Nothing in the Peer-to-Peer Car Sharing Program Act
invalidates, limits or restricts an i nsurer’s ability under existing
law to underwrite any insurance policy . Nothing in the Peer-to-Peer
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Car Sharing Program Act invalidates, limits or restricts an
insurer’s ability under existing law to cancel and non-renew
policies.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1056 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A peer-to-peer car sharing program shall co llect and verify
records pertaining to the use of a vehicle, including, but not
limited to, times used, car sharing period pickup and drop off
locations, fees paid by the shared vehicle driver and revenues
received by the shared vehicle owner, and provide that 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
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.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1057 of Title 47, unless ther e
is created a duplication in numbe ring, reads as follows:
A peer-to-peer car sharing program and a shared vehicle owner
shall be exempt from vicarious liability consistent with 49 U.S.C.,
Section 30106, and under any state or local law that imposes
liability solely based on vehicle owne rship.
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SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1058 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A motor vehicle insurer that defends or indemn ifies a claim
against a shared vehicle that is excluded under the terms of its
policy shall have the right to seek contribution against the motor
vehicle insurer of the peer -to-peer car sharing program if the claim
is:
1. Made against the shared vehicle o wner or the shared vehicle
driver for loss or injury that occurs during the car sharing period;
and
2. Excluded under the terms of its policy.
SECTION 10. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Secti on 1059 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. 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 vehic le during the car sharing
period.
B. Nothing in this section shall create liability on a peer -to-
peer car sharing program to maintain the coverage mandated by
Section 4 of this act.
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C. A peer-to-peer car sharing program may own and maintain as
the named insured one or more policies of motor vehicle liability
insurance that provide coverage for:
1. Liabilities assumed by the peer -to-peer car sharing program
under a peer-to-peer car sharing program agreement;
2. Liability of the shared vehicle owner;
3. Damage or loss to the shared motor vehicle; or
4. Liability of the shared vehicle driver.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1060 of Title 4 7, unless there
is created a duplication in numbering, reads as follows:
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 t o 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 po licy 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
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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 vehicl e 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 d river;
5. That the shared v ehicle 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. If there are conditions und er which a shared vehicle driver
must maintain a personal automobile insurance policy with certain
applicable coverage limits on a primary basis in order to book a
shared motor vehicle.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1061 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. A peer-to-peer car sharing program may not enter into a
peer-to-peer car sharing program ag reement with a driver unless the
driver who will operate the shared vehicle:
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1. Holds a driver license issued under Section 6 -101 et seq. of
Title 47 of the Oklahoma Statutes that authorizes the driver to
operate vehicles of the class of the shared vehicl e;
2. Is a nonresident wh o:
a. has a driver 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 that required of a
resident to drive; or
3. Otherwise is specifically authorized by Section 6 -101 et
seq. of Title 47 of the Oklahoma Statutes to drive vehicles of the
class of the shared vehicle.
B. A peer-to-peer car sharing program shall keep a record of:
1. The name and address of the shared vehicle driver;
2. The number of the driver license of the shared vehicle
driver and each other person, if any, who will operate the shared
vehicle; and
3. The place of issuance of the driver license.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1062 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A peer-to-peer car sharing program shall have sole
responsibility for any equipment, such as a Global Positioning
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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 harmless the vehicle owner for any
damage to or theft of such equipment during the sharing period not
caused by the vehicle owner. The peer -to-peer car sharing program
has the right to seek indemnity from the shared vehicle driver for
any loss or damage to such equipment that occurs during the sharing
period.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1063 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. At the time 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 B of this section.
B. 1. If the shared vehicle owner has rece ived an actual
notice of a safety recall on the vehicle, a shared vehicle owner may
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.
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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 so on as practicably possible
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 practicably
possible after receiving the notice of the safety recall, the shared
vehicle owner shall notify the peer -to-peer car sharing program
about the safety recall so that the shared vehicle owner may address
the safety recall repair.
SECTION 15. AMENDATORY 68 O.S. 2011, Section 2110, as
amended by Section 5, Chapter 316, O.S.L. 2012 (68 O.S. Supp. 2020,
Section 2110), is amended to read as follows:
Section 2110. A. There is hereby levi ed a rental tax of six
percent (6%) on the gross receipts of all motor vehicle rental
agreements as provided in this section. This tax shall be levied on
any rental agreement of ninety (90) days or less duration on any
motor vehicle that is rented to a pe rson by a business engaged in
renting motor vehicles without a driver in Oklahoma, irrespective of
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the state in which the vehicle is registered. This rental tax shall
not apply to the following:
1. Any lease agreements;
2. Any truck or truck -tractor registered pursuant to the
provisions of Section 1120 or Section 1133 of Title 47 of the
Oklahoma Statutes having a laden weight or a combined laden weight
of eight thousand (8,000) pounds or more; or
3. Any trailer or semitrailer registered pursuant to the
provisions of Section 1133 of Title 47 of the Oklahoma Statutes.
For purposes of this section, “vehicle” and “person” shall have the
same meanings as defined in Section 2101 of this title ; or
4. Any shared vehicle upon the purchase of which applicable
taxes were paid.
B. The rental tax specified in subsection A of this section
shall be apportioned in the manner as provided in Section 2102 of
this title.
C. A deduction from gross receipts for bad debts shall be
allowed for the rental tax specified in sub section A of this
section. For purposes of this section, “bad debts” shall have the
same meaning as defined in Section 1366 of this title.
D. The tax hereby levied shall be collected from the person
renting the vehicle or shared vehicle driver at the time of the
payment of the rental agreement and shall be due and payable to the
Oklahoma Tax Commission by the business engaged in renting these
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vehicles or peer-to-peer car sharing program, but only with respect
to shared vehicles upon the purchase of which applicable taxes were
not paid, on the twentieth day of each month following the month in
which payments for rental agreements subject to tax are made. The
Tax Commission shall implement such rules and regulations and devise
such forms as it deems necessa ry for the orderly collection of this
tax and the excise tax and penalty provided for in paragraph 9 10 of
Section 2105 of this title.
E. The provisions of this section shall not apply to state
government entities.
F. As used in this section:
1. “Rental agreement” means an agreement of ninety (90) day s or
less duration on any motor vehicle that is rented to a person by a
business engaged in renting motor ve hicles without drivers in this
state and includes those peer-to-peer car sharing agreements only
involving shared vehicles for which the shared vehi cle owner has not
paid the applicable taxes upon purchase of the shared vehicle;
2. “Applicable taxes” means, with respect to shared vehicles
purchased in Oklahoma, motor vehicle excise taxes levied under
Section 2103 of this title and sales taxes levied under Sections
1354 and 1355 of this title. With respect to vehicles not purchased
in Oklahoma, applicable taxes refers to the sales, use, excise or
other tax generally due upon the purchase of a motor vehicl e in the
jurisdiction in which th e shared vehicle was purchased;
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3. “Peer-to-peer car sharing program ” shall have the same
definition set forth in Se ction 2 of the Peer-to-Peer Car Sharing
Program Act;
4. “Car sharing program agreement ” shall have the same
definition set forth in Section 2 of the Peer-to-Peer Car Sharing
Program Act;
5. “Shared vehicle” shall have the same definition set forth in
Section 2 of the Peer-to-Peer Car Sharing Program Act;
6. “Shared vehicle owner” shall have the same definit ion set
forth in Section 2 of the P eer-to-Peer Car Sharing Program Act; and
7. “Shared vehicle driver ” shall have the same definition set
forth in Section 2 of the Peer-to-Peer Car Sharing Program Act.
G. The Oklahoma Tax Commission is authorized to pres cribe rules
and regulations as necessary to imp lement the provisions of this
section.
SECTION 16. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
February 25, 2021 - DO PASS AS AMENDED