Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB355 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 355 By: Rosino of the Senate
7	37
8	38		and
9	39
10		-	Sims, Phillips and Echols
11		-	of the House
12		-
13		-
	40	+	Sims of the House
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18	45		An Act relating to motor vehicles; creating the Peer -
19	46		to-Peer Car Sharing Program Act; defining terms;
20	47		requiring assumption of liability for certain losses
21	48		or injuries; providing for actions resulting in
22	49		nonliability; providing for minimum compulsory
23	50		insurance coverage; stating certain parties charged
24	51		with maintaining insurance coverage; requiring
25	52		certain primary insurance coverage; providing for
26	53		controlling insurance coverage for out -of-state
27	54		accidents; providing for when certain entities assume
28	55		primary liability; requiring certain coverage and
29	56		duty to defend; providin g exceptions; requiring
30	57		certain nondependence on other insurers; disallowing
31	58		certain limits to liability and contracting; allowing
32	59		for certain indemnification; providing for certain
33	60		notice; making certain exclusions; allowing for
34	61		certain insurance policy e xclusions; stating the act
35	62		does not invalidate, limit or restrict insurers from
36	63		underwriting or the ability to cancel or nonrenew
37	64		policies; requiring collection and verification of
38	65		certain records; requiring retention of records;
39	66		exempting owner from vicar ious liability; providing
40	67		for right to seek contribution; requiring certain
41	68		insurable interest; providing for certain
42	69		nonliability; allowing program to maintain certain
43	70		policy coverages; requiring certain disclosures;
44	71		stating certain requirements of car sh aring program
45	72		agreement; requiring certain recordkeeping; stating
46	73		certain party responsibilities and requirements;
47		-
48		-	ENR. S. B. NO. 355 Page 2
49	74		stating certain requirements of programs and owners;
50	75		requiring verification of safety recalls; providing
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51	103		for certain nonuse of car; requiring certain notice;
52	104		amending 68 O.S. 2011, Section 2110, as amended by
53	105		Section 5, Chapter 316, O.S.L. 2012 (68 O.S. Supp.
54	106		2020, Section 2110), which relates to rental tax;
55	107		specifying rental tax shall not apply to certain
56	108		shared vehicles; providing for collect ion of tax;
57	109		defining terms; authorizing the Oklahoma Tax
58	110		Commission to prescribe certain rules and
59	111		regulations; providing for codification; and
60	112		providing an effective date.
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65		-	SUBJECT: Creating the Peer-to-Peer Car Sharing Program Act
66		-
67	117		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
68		-
69	118		SECTION 1. NEW LAW A new section of law to be codified
70	119		in the Oklahoma Statutes as Section 1050 of Title 47, unless there
71	120		is created a duplication in numbering, reads as follows:
72		-
73	121		Sections 1 through 15 of this act shall be known and may be
74	122		cited as the “Peer-to-Peer Car Sharing Program Act ”.
75		-
76	123		SECTION 2. NEW LAW A new section of law to be codified
77	124		in the Oklahoma Statutes as Section 1051 of Title 47, unless there
78	125		is created a duplication in numbering, reads as follows:
79		-
80	126		As used in the Peer-to-Peer Car Sharing Program Act:
81		-
82	127		1. “Peer-to-peer car sharing” or “sharing” means the authorized
83	128		use of a vehicle by an individual other than the vehicle ’s owner
84	129		through a peer-to-peer car sharing program;
85		-
86	130		2. “Peer-to-peer car sharing program ” or “program” means a
87	131		business platform that connects vehicle owners with drivers to
88	132		enable the sharing of vehicles for financial consideration. A peer -
89	133		to-peer car sharing program is not engaged in “renting motor
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90	161		vehicles without a driver ” in Oklahoma within the m eaning of Section
91		-
92		-	ENR. S. B. NO. 355 Page 3
93	162		2110 of Title 68 of the Oklahoma Statutes, except as specifically
94	163		provided in that section. A peer -to-peer car sharing program is not
95	164		“engaged in the business of renting motor vehicles without drivers ”
96	165		under the provisions of Section 8 -101 of Title 47 of the Oklahoma
97	166		Statutes. A peer-to-peer car sharing program is not a service
98	167		provider who is solely providing hardware or software as a service
99	168		to a person or entity that is not effectuating payment of financial
100	169		consideration for the use o f a shared vehicle. A peer -to-peer car
101	170		sharing program shall not be considered a transportation network
102	171		company as defined in Section 1011 of Title 47 of the Oklahoma
103	172		Statutes;
104		-
105	173		3. “Peer-to-peer car sharing program agreement ” or “agreement”
106	174		means the terms and conditions applicable to a shared vehicle owner
107	175		and a shared vehicle driver that govern the use of a shared vehicle
108	176		through a peer-to-peer car sharing program. A peer-to-peer car
109	177		sharing program agreement is not a rental agreement within the
110	178		meaning of Section 2110 of Title 68 of the Oklahoma Statutes, except
111	179		as specifically provided in that section. A peer -to-peer car
112	180		sharing program agreement is not an agreement to rent a motor
113	181		vehicle without a driver under the provisions of Section 8 -101 of
114	182		Title 47 of the Oklahoma Statutes ;
115		-
116	183		4. “Shared vehicle” or “vehicle” means a vehicle that is
117	184		available for sharing through a peer -to-peer car sharing program. A
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118	212		shared vehicle is not a “motor vehicle that is rented ” within the
119	213		meaning of Section 2110 of Title 68 of the Oklahoma Statutes, except
120	214		as specifically provided in that section. A shared vehicle is not a
121	215		“motor vehicle engaged in the business of renting a motor vehicle
122	216		without a driver” as described pursuant to Section 8 -101 of Title 47
123	217		of the Oklahoma Statutes;
124		-
125	218		5. “Shared vehicle driver ” or “driver” means an individual who
126	219		has been authorized to drive the shared vehicle by the shared
127	220		vehicle owner under a car sharing program agreement;
128		-
129	221		6. “Shared vehicle owner ” or “owner” means the registered owner,
130	222		or a person or entity designated by the registered owner, of a
131	223		vehicle made available for sharing to shared vehicle drivers through
132	224		a peer-to-peer car sharing program;
133		-
134		-
135		-	ENR. S. B. NO. 355 Page 4
136	225		7. “Car sharing delivery period ” or “delivery period” means the
137	226		period of time during w hich a shared vehicle is being delivered to
138	227		the location of the car sharing start time, if applicable, as
139	228		documented by the governing car sharing program agreement;
140		-
141	229		8. “Car sharing period” or “sharing period” means the period of
142	230		time that commences with t he car sharing delivery period or, if
143	231		there is no car sharing delivery period, that commences with the car
144	232		sharing start time and, in either case, ends at the car sharing
145	233		termination time;
146		-
147	234		9. “Car sharing start time ” or “start time” means the time when
148	235		the shared vehicle becomes subject to the control of the shared
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149	263		vehicle driver, at or after the time the reservation of a shared
150	264		vehicle is scheduled to begin, as documented in the records of a
151	265		peer-to-peer car sharing program; and
152		-
153	266		10. “Car sharing terminat ion time” or “termination time” means
154	267		the earliest of the following events:
155		-
156	268		a. the expiration of the agreed -upon period of time
157	269		established for the use of a shared vehicle according
158	270		to the terms of the car sharing program agreement, if
159	271		the shared vehicle i s delivered to the location agreed
160	272		upon in the car sharing program agreement,
161		-
162	273		b. when the shared vehicle is returned to a location as
163	274		alternatively agreed upon by the shared vehicle owner
164	275		and the shared vehicle driver as communicated through
165	276		a peer-to-peer car sharing program agreement, which
166	277		alternatively agreed upon location shall be
167	278		incorporated into the car sharing program agreement,
168	279		or
169		-
170	280		c. when the shared vehicle owner, or the shared vehicle
171	281		owner’s authorized designee, takes possession and
172	282		control of the shared vehicle.
173		-
174	283		SECTION 3. NEW LAW A new section of law to be codified
175	284		in the Oklahoma Statutes as Section 1052 of Title 47, unless there
176	285		is created a duplication in numbering, reads as follows:
177	286
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178	312
179		-	ENR. S. B. NO. 355 Page 5
180	313		A. A peer-to-peer car sharing pro gram shall assume liability,
181	314		except as provided in subsection B of this section, of a shared
182	315		vehicle owner for bodily injury or property damage to third parties
183	316		or uninsured and underinsured motorist or personal injury protection
184	317		losses during the car shar ing period, in an amount stated in the
185	318		peer-to-peer car sharing program agreement, which shall not be less
186	319		than those set forth in Section 7 -600 et seq. of Title 47 of the
187	320		Oklahoma Statutes.
188		-
189	321		B. Notwithstanding the definition of “car sharing termination
190	322		time” as set forth in Section 2 of this act, the assumption of
191	323		liability under subsection A of this section shall not apply to any
192	324		shared vehicle owner when a shared vehicle owner:
193		-
194	325		1. Makes an intentional or fraudulent material
195	326		misrepresentation or omission to the peer-to-peer car sharing
196	327		program before the car sharing period in which the loss occurred; or
197		-
198	328		2. Acts in concert with a shared vehicle driver who fails to
199	329		return the shared vehicle pursuant to the terms of the car sharing
200	330		program agreement.
201		-
202	331		C. Notwithstanding the definition of “car sharing termination
203	332		time” as set forth in Section 2 of this act, the assumption of
204	333		liability under subsection A of this section shall apply to bodily
205	334		injury, property damage, uninsured and underinsured motorist or
206	335		personal injury protection losses by damaged third parties required
207	336		by Section 7-600 et seq. of Title 47 of the Oklahoma Statutes.
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209	364		SECTION 4. NEW LAW A new section of law to be codified
210	365		in the Oklahoma Statutes as Section 1053 of Title 4 7, unless there
211	366		is created a duplication in numbering, reads as follows:
212		-
213	367		A. A peer-to-peer car sharing program shall ensure that, during
214	368		each car sharing period, the shared vehicle owner and the shared
215	369		vehicle driver are insured under a motor vehicle liab ility insurance
216	370		policy that provides insurance coverage in amounts no less than the
217	371		minimum amounts set forth in Section 7 -600 et seq. of Title 47 of
218	372		the Oklahoma Statutes, and:
219		-
220		-
221		-	ENR. S. B. NO. 355 Page 6
222	373		1. Recognizes that the shared vehicle insured under the policy
223	374		is made available and used through a peer -to-peer car sharing
224	375		program; or
225		-
226	376		2. Does not exclude use of a shared vehicle by a shared vehicle
227	377		driver.
228		-
229	378		B. The insurance required under subsection A of this section
230	379		may be satisfied by motor vehicle liability insurance maintai ned by:
231		-
232	380		1. A shared vehicle owner;
233		-
234	381		2. A shared vehicle driver;
235		-
236	382		3. A peer-to-peer car sharing program; or
237		-
238	383		4. Any combination of a shared vehicle owner, a shared vehicle
239	384		driver and a peer-to-peer car sharing program.
240		-
241	385		C. The insurance required in subsect ion B of this section, that
242	386		is satisfying the requirement of subsection A of this section, shall
243	387		be primary during each car sharing period , and in the event that a
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244	415		claim occurs in another state with minimum financial responsibility
245	416		limits higher than those provided pursuant to Section 7 -600 et seq.
246	417		of Title 47 of the Oklahoma Statutes, during the car sharing period,
247	418		the coverage maintained under subsection E of this section shall
248	419		satisfy the difference in minimum coverage amounts, up to the
249	420		applicable policy limits.
250		-
251	421		D. The insurer, insurers, or peer -to-peer car sharing program
252	422		providing coverage under subsection A or B of this section shall
253	423		assume primary liability for a claim when:
254		-
255	424		1. A dispute exists as to who was in control of the shared
256	425		motor vehicle at the time of the loss and the peer -to-peer car
257	426		sharing program does not have available, did not retain, or fails to
258	427		provide the information required by Section 5 of this act; or
259		-
260	428		2. A dispute exists as to whether the shared vehicle was
261	429		returned to the alternatively agreed upon location as required under
262		-	Section 2 of this act.
263		-
264		-
265		-	ENR. S. B. NO. 355 Page 7
	430	+	Section 2 of the Peer -to-Peer Car Sharing Program Act.
266	431		E. If insurance maintained by a shared vehicle owner or shared
267	432		vehicle driver in accordance with subsection B of this section has
268	433		lapsed or does not p rovide the required coverage, insurance
269	434		maintained by a peer -to-peer car sharing program shall provide the
270	435		coverage required by subsection A of this section beginning with the
271	436		first dollar of a claim and shall have the duty to defend such claim
272	437		except under circumstances as set forth in subsection B of Section 3
273	438		of this act.
274	439
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275	466		F. Coverage under an automobile insurance policy maintained by
276	467		the peer-to-peer car sharing program shall not be dependent on
277	468		another automobile insurer first denying a claim, nor shal l another
278	469		automobile insurance policy be required to first deny a claim.
279		-
280	470		G. Nothing in the Peer-to-Peer Car Sharing Program Act shall:
281		-
282	471		1. Limit the liability of the peer -to-peer car sharing program
283	472		for any act or omission of the program itself that resul ts in injury
284	473		to any person as a result of the use of a shared vehicle through a
285	474		peer-to-peer car sharing program; or
286		-
287	475		2. Limit the ability of the peer -to-peer car sharing program
288	476		to, by contract, seek indemnification from the shared vehicle owner
289	477		or the shared vehicle driver for economic loss sustained by the
290	478		peer-to-peer car sharing program resulting from a breach of the
291	479		terms and conditions of the car sharing program agreement.
292		-
293	480		SECTION 5. NEW LAW A new section of law to be codified
294	481		in the Oklahoma Statutes as Section 1054 of Title 47, unless there
295	482		is created a duplication in numbering, reads as follows:
296		-
297	483		At the time a vehicle owner registers as a shared vehicle owner
298	484		on a peer-to-peer car sharing program and prior to the time the
299	485		shared vehicle owner makes a shared vehicle available for car
300	486		sharing on the peer-to-peer car sharing program, the program shall
301	487		notify the shared vehicle owner that, if the shared vehicle has a
302	488		lien against it, the use of the shared vehicle through a peer -to-
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303	516		peer car sharing program, including use without physical damage
304	517		coverage, may violate the terms of the contract with the lienholder.
305		-
306		-
307		-	ENR. S. B. NO. 355 Page 8
308	518		SECTION 6. NEW LAW A new section of law to be codified
309	519		in the Oklahoma Statutes as Section 1055 of Title 47, unless there
310	520		is created a duplication in numbering, reads as follows:
311		-
312	521		A. An authorized insurer that writes motor vehicle liability
313	522		insurance in this state may exclude any and all coverage and the
314	523		duty to defend or indemnify for any claim afford ed under a shared
315	524		vehicle owner’s motor vehicle liability insurance policy including,
316	525		but not limited to:
317		-
318	526		1. Liability coverage for bodily injury and property damage;
319		-
320	527		2. Personal injury protection coverage;
321		-
322	528		3. Uninsured and underinsured motorist coverag e;
323		-
324	529		4. Medical payments coverage;
325		-
326	530		5. Comprehensive physical damage coverage; and
327		-
328	531		6. Collision physical damage coverage.
329		-
330	532		B. Nothing in the Peer-to-Peer Car Sharing Program Act shall
331	533		invalidate or limit an exclusion contained in a motor vehicle
332	534		liability insurance policy including any insurance policy in use or
333	535		approved for use, that excludes coverage for motor vehicles made
334	536		available for rent, sharing, hire or for any business use.
335		-
336	537		C. Nothing in the Peer -to-Peer Car Sharing Program Act
337	538		invalidates, limits or restricts an insurer ’s ability under existing
338	539		law to underwrite any insurance policy. Nothing in the Peer-to-Peer
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339	567		Car Sharing Program Act invalidates, limits or restricts an
340	568		insurer’s ability under existing law to cancel and non -renew
341	569		policies.
342		-
343	570		SECTION 7. NEW LAW A new section of law to be codified
344	571		in the Oklahoma Statutes as Section 1056 of Title 47, unless there
345	572		is created a duplication in numbering, reads as follows:
346		-
347	573		A peer-to-peer car sharing program shall collect and verif y
348	574		records pertaining to the use of a vehicle, including, but not
349	575		limited to, times used, car sharing period pickup and drop off
350		-
351		-	ENR. S. B. NO. 355 Page 9
352	576		locations, fees paid by the shared vehicle driver and revenues
353	577		received by the shared vehicle owner, and provide that informatio n
354	578		upon request to the shared vehicle owner, the shared vehicle owner ’s
355	579		insurer or the shared vehicle driver ’s insurer to facilitate a claim
356	580		coverage investigation, settlement, negotiation or litigation. The
357	581		peer-to-peer car sharing program shall retain th e records for a time
358	582		period not less than the applicable personal injury statute of
359	583		limitations.
360		-
361	584		SECTION 8. NEW LAW A new section of law to be codified
362	585		in the Oklahoma Statutes as Section 1057 of Title 47, unless there
363	586		is created a duplication in numbering, reads as follows:
364		-
365	587		A peer-to-peer car sharing program and a shared vehicle owner
366	588		shall be exempt from vicarious liability consistent with 49 U.S.C.,
367	589		Section 30106, and under any state or local law that imposes
368	590		liability solely base d on vehicle ownership.
369	591
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370	618		SECTION 9. NEW LAW A new section of law to be codified
371	619		in the Oklahoma Statutes as Section 1058 of Title 47, unless there
372	620		is created a duplication in numbering, reads as follows:
373		-
374	621		A motor vehicle insurer that defends or indemnifies a claim
375	622		against a shared vehicle that is excluded under the terms of its
376	623		policy shall have the right to seek contribution against the motor
377	624		vehicle insurer of the peer -to-peer car sharing program if the claim
378	625		is:
379		-
380	626		1. Made against the shared vehicle owner or the shared vehicle
381	627		driver for loss or injury that occurs during the car sharing period;
382	628		and
383		-
384	629		2. Excluded under the terms of its policy.
385		-
386	630		SECTION 10. NEW LAW A new section of law to be codified
387	631		in the Oklahoma Statutes as Section 1059 of Title 47, unless there
388	632		is created a duplication in numbering, reads as follows:
389		-
390	633		A. Notwithstanding any other law, statute, rule or regulation
391	634		to the contrary, a peer -to-peer car sharing program shall have an
392	635		insurable interest in a shared vehicle during the car sharing
393	636		period.
394		-
395		-	ENR. S. B. NO. 355 Page 10
396		-
397	637		B. Nothing in this section shall create liability on a peer -to-
398	638		peer car sharing program to maintain the coverage mandated by
399	639		Section 4 of this act.
400	640
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401	667		C. A peer-to-peer car sharing program may own and maint ain as
402	668		the named insured one or more policies of motor vehicle liability
403	669		insurance that provide coverage for:
404		-
405	670		1. Liabilities assumed by the peer -to-peer car sharing program
406	671		under a peer-to-peer car sharing program agreement;
407		-
408	672		2. Liability of the shared ve hicle owner;
409		-
410	673		3. Damage or loss to the shared motor vehicle; or
411		-
412	674		4. Liability of the shared vehicle driver.
413		-
414	675		SECTION 11. NEW LAW A new section of law to be codified
415	676		in the Oklahoma Statutes as Section 1060 of Title 47, unless there
416	677		is created a duplication in numbering, reads as follows:
417		-
418	678		Each car sharing program agreement made in this state shall
419	679		disclose to the shared vehicle owner and the shared vehicle driver:
420		-
421	680		1. Any right of the peer -to-peer car sharing program to seek
422	681		indemnification from the shared vehicle owner or the shared vehicle
423	682		driver for economic loss sustained by the peer -to-peer car sharing
424	683		program resulting from a breach of the terms and conditions of the
425	684		car sharing program agreement;
426		-
427	685		2. That a motor vehicle liability insurance policy issued to
428	686		the shared vehicle owner for the shared vehicle, or to the shared
429	687		vehicle driver, does not provide a defense or indemnification for
430	688		any claim asserted by the peer -to-peer car sharing program;
431		-
432	689		3. That the peer-to-peer car sharing program’s insurance
433	690		coverage on the shared vehicle owner and the shared vehicle driver
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434	718		is in effect only during each car sharing period and that, for any
435	719		use of the shared vehicle by the shared vehicle driver after the car
436	720		sharing termination time, the s hared vehicle driver and the shared
437	721		vehicle owner may not have insurance coverage;
438		-
439		-	ENR. S. B. NO. 355 Page 11
440		-
441	722		4. The daily rate, fees and, if applicable, any insurance or
442	723		protection package costs that are charged to the shared vehicle
443	724		owner or the shared vehicle driver;
444		-
445	725		5. That the shared vehicle owner ’s motor vehicle liability
446	726		insurance may not provide coverage for a shared vehicle;
447		-
448	727		6. An emergency telephone number to personnel capable of
449	728		fielding roadside assistance and other customer service inquiries;
450	729		and
451		-
452	730		7. If there are cond itions under which a shared vehicle driver
453	731		must maintain a personal automobile insurance policy with certain
454	732		applicable coverage limits on a primary basis in order to book a
455	733		shared motor vehicle.
456		-
457	734		SECTION 12. NEW LAW A new section of law to be codified
458	735		in the Oklahoma Statutes as Section 1061 of Title 47, unless there
459	736		is created a duplication in numbering, reads as follows:
460		-
461	737		A. A peer-to-peer car sharing program may not enter into a
462	738		peer-to-peer car sharing program agreement with a dri ver unless the
463	739		driver who will operate the shared vehicle:
464	740
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	742	+	BOLD FACE denotes Committee Amendments. 1
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465	767		1. Holds a driver license issued under Section 6 -101 et seq. of
466	768		Title 47 of the Oklahoma Statutes that authorizes the driver to
467	769		operate vehicles of the class of the shared vehicle;
468		-
469	770		2. Is a nonresident who:
470		-
471	771		a. has a driver license issued by the state or country of
472	772		the driver’s residence that authorizes the driver in
473	773		that state or country to drive vehicles of the class
474	774		of the shared vehicle, and
475		-
476	775		b. is at least the same age as that required of a
477	776		resident to drive; or
478		-
479	777		3. Otherwise is specifically authorized by Section 6 -101 et
480	778		seq. of Title 47 of the Oklahoma Statutes to drive vehicles of the
481	779		class of the shared vehicle.
482		-
483		-	ENR. S. B. NO. 355 Page 12
484		-
485	780		B. A peer-to-peer car sharing program shall keep a record of:
486		-
487	781		1. The name and address of the shared vehicle driver;
488		-
489	782		2. The number of the driver license of the shared vehicle
490	783		driver and each other person, if any, who will operate the shared
491	784		vehicle; and
492		-
493	785		3. The place of issuance of the driver license.
494		-
495	786		SECTION 13. NEW LAW A new section of law to be codified
496	787		in the Oklahoma Statutes as Section 1062 of Title 47, unless there
497	788		is created a duplication in numbering, reads as follows:
498		-
499	789		A peer-to-peer car sharing program shall have sole
500	790		responsibility for any equipment, such as a Global Positioning
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	793	+	BOLD FACE denotes Committee Amendments. 1
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501	818		System or other special equipment, that is put in or on the vehicle
502	819		to monitor or facilitate the car sharing transaction, and shall
503	820		agree to indemnify and hold harmless the vehicle owner for any
504	821		damage to or theft of such equip ment during the sharing period not
505	822		caused by the vehicle owner. The peer -to-peer car sharing program
506	823		has the right to seek indemnity from the shared vehicle driver for
507	824		any loss or damage to such equipment that occurs during the sharing
508	825		period.
509		-
510	826		SECTION 14. NEW LAW A new section of law to be codified
511	827		in the Oklahoma Statutes as Section 1063 of Title 47, unless there
512	828		is created a duplication in numbering, reads as follows:
513		-
514	829		A. At the time a vehicle owner registers as a shared vehicle
515	830		owner on a peer-to-peer car sharing program, and prior to the time
516	831		when the shared vehicle owner makes a shared vehicle available for
517	832		car sharing on the peer -to-peer car sharing program, the peer -to-
518	833		peer car sharing program shall:
519		-
520	834		1. Verify that the shared vehicle does not have any safety
521	835		recalls on the vehicle for which the repairs have not been made; and
522		-
523	836		2. Notify the shared vehicle owner of the requirements under
524	837		subsection B of this section.
525		-
526		-
527		-	ENR. S. B. NO. 355 Page 13
528	838		B. 1. If the shared vehicle owner has received an actual
529	839		notice of a safety recall on the vehicle, a shared vehicle owner may
530	840		not make a vehicle available as a shared vehicle on a peer -to-peer
531	841		car sharing program until the safety recall repair has been made.
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532	868
533	869		2. If a shared vehicle owner receives an actual notice o f a
534	870		safety recall on a shared vehicle while the shared vehicle is made
535	871		available on the peer -to-peer car sharing program, the shared
536	872		vehicle owner shall remove the shared vehicle as available on the
537	873		peer-to-peer car sharing program, as soon as practicably possible
538	874		after receiving the notice of the safety recall and until the safety
539	875		recall repair has been made.
540		-
541	876		3. If a shared vehicle owner receives an actual notice of a
542	877		safety recall while the shared vehicle is being used in the
543	878		possession of a shared vehic le driver, as soon as practicably
544	879		possible after receiving the notice of the safety recall, the shared
545	880		vehicle owner shall notify the peer -to-peer car sharing program
546	881		about the safety recall so that the shared vehicle owner may address
547	882		the safety recall re pair.
548		-
549	883		SECTION 15. AMENDATORY 68 O.S. 2011, Section 2110, as
550	884		amended by Section 5, Chapter 316, O.S.L. 2012 (68 O.S. Supp. 2020,
551	885		Section 2110), is amended to read as follows:
552		-
553	886		Section 2110. A. There is hereby levied a rental tax of six
554	887		percent (6%) on the gross receipts of all motor vehicle rental
555	888		agreements as provided in this section. This tax shall be levied on
556	889		any rental agreement of ninety (90) days or less duration on any
557	890		motor vehicle that is rented to a person by a business engaged in
558	891		renting motor vehicles without a driver in Oklahoma, irrespective of
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559	919		the state in which the vehicle is registered. This rental tax shall
560	920		not apply to the following:
561		-
562	921		1. Any lease agreements;
563		-
564	922		2. Any truck or truck -tractor registered pursuant t o the
565	923		provisions of Section 1120 or Section 1133 of Title 47 of the
566	924		Oklahoma Statutes having a laden weight or a combined laden weight
567	925		of eight thousand (8,000) pounds or more; or
568		-
569		-
570		-	ENR. S. B. NO. 355 Page 14
571	926		3. Any trailer or semitrailer registered pursuant to the
572	927		provisions of Section 1133 of Title 47 of the Oklahoma Statutes.
573	928		For purposes of this section, “vehicle” and “person” shall have the
574	929		same meanings as defined in Section 2101 of this title ; or
575		-
576	930		4. Any shared vehicle upon the purchase of which applicable
577	931		taxes were paid.
578		-
579	932		B. The rental tax specified in subsection A of this section
580	933		shall be apportioned in the manner as provided in Section 2102 of
581	934		this title.
582		-
583	935		C. A deduction from gross receipts for bad debts shall be
584	936		allowed for the rental tax specified in subsection A of this
585	937		section. For purposes of this section, “bad debts” shall have the
586	938		same meaning as defined in Section 1366 of this title.
587		-
588	939		D. The tax hereby levied shall be collected from the person
589	940		renting the vehicle or shared vehicle driver at the time of the
590	941		payment of the rental agreement and shall be due and payable to the
591	942		Oklahoma Tax Commission by the business engaged in renting these
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592	970		vehicles or peer-to-peer car sharing program, but only with respect
593	971		to shared vehicles upon the purchase of which applicable taxes w ere
594	972		not paid, on the twentieth day of each month following the month in
595	973		which payments for rental agreements subject to tax are made. The
596	974		Tax Commission shall implement such rules and regulations and devise
597	975		such forms as it deems necessary for the orderly collection of this
598	976		tax and the excise tax and penalty provided for in paragraph 9 10 of
599	977		Section 2105 of this title.
600		-
601	978		E. The provisions of this section shall not apply to state
602	979		government entities.
603		-
604	980		F. As used in this section:
605		-
606	981		1. “Rental agreement” means an agreement of ninety (90) days or
607	982		less duration on any motor vehicle that is rented to a person by a
608	983		business engaged in renting motor vehicles without drivers in this
609	984		state and includes those peer -to-peer car sharing agreements only
610	985		involving shared veh icles for which the shared vehicle owner has not
611	986		paid the applicable taxes upon purchase of the shared vehicle;
612		-
613		-
614		-	ENR. S. B. NO. 355 Page 15
615	987		2. “Applicable taxes” means, with respect to shared vehicles
616	988		purchased in Oklahoma, motor vehicle excise taxes levied under
617	989		Section 2103 of this title and sales taxes levied under Sections
618	990		1354 and 1355 of this title. With respect to vehicles not purchased
619	991		in Oklahoma, applicable taxes refers to the sales, use, excise or
620	992		other tax generally due upon the purchase of a motor vehicle in the
621	993		jurisdiction in which the shared vehicle was purchased;
622	994
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	1020	+
623	1021		3. “Peer-to-peer car sharing program” shall have the same
624	1022		definition set forth in Section 2 of the Peer -to-Peer Car Sharing
625	1023		Program Act;
626		-
627	1024		4. “Car sharing program agreement” shall have the same
628	1025		definition set forth in Section 2 of the Peer -to-Peer Car Sharing
629	1026		Program Act;
630		-
631	1027		5. “Shared vehicle” shall have the same definition set forth in
632	1028		Section 2 of the Peer -to-Peer Car Sharing Program Act;
633		-
634	1029		6. “Shared vehicle owner” shall have the same definition set
635	1030		forth in Section 2 of the Peer -to-Peer Car Sharing Program Act; and
636		-
637	1031		7. “Shared vehicle driver” shall have the same definition set
638	1032		forth in Section 2 of the Peer -to-Peer Car Sharing Program Act.
639		-
640	1033		G. The Oklahoma Tax Commission is authorized to prescribe rules
641	1034		and regulations as necessary to implement the provisions of this
642	1035		section.
643		-
644	1036		SECTION 16. This act shall become effective November 1, 2021.
645	1037
646		-
647		-	ENR. S. B. NO. 355 Page 16
648		-	Passed the Senate the 9th day of March, 2021.
649		-
650		-
651		-
652		-	Presiding Officer of the Senate
653		-
654		-
655		-	Passed the House of Representatives the 20th day of April, 2021.
656		-
657		-
658		-
659		-	Presiding Officer of the House
660		-	of Representatives
661		-
662		-	OFFICE OF THE GOVERNOR
663		-	Received by the Office of the Governor this _______ _____________
664		-	day of ___________________, 20_______, at _______ o'clock _______ M.
665		-	By: _______________________________ __
666		-	Approved by the Governor of the State of Oklahoma this _____ ____
667		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
668		-
669		-	_________________________________
670		-	Governor of the State of Oklahoma
671		-
672		-
673		-	OFFICE OF THE SECRETARY OF STATE
674		-	Received by the Office of the Secretary of State this _______ ___
675		-	day of __________________, 20 _______, at _______ o'clock _______ M.
676		-	By: _______________________________ __
	1038	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
	1039	+	04/07/2021 - DO PASS.