Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0001 Compare Versions

OldNewDifferences
11
22
33
44
5-2023 -- S 0001 SUBSTITUTE B
5+2023 -- S 0001 SUBSTITUTE A
66 ========
7-LC000177/SUB B
7+LC000177/SUB A
88 ========
99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO INSURANCE -- PEER-TO-PEER CAR SHARING PROGRAM
1616 Introduced By: Senators Ruggerio, Goodwin, Gallo, DiPalma, LaMountain, Tikoian, and
1717 McKenney
1818 Date Introduced: January 10, 2023
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
23-SECTION 1. Chapter 27-8.3 of the General Laws entitled "Peer-To-Peer Car Sharing 1
24-Program [Effective April 1, 2023.]" is hereby repealed in its entirety. 2
25-CHAPTER 27-8.3 3
26-Peer-To-Peer Car Sharing Program [Effective April 1, 2023.] 4
27-27-8.3-1. Short title. [Effective April 1, 2023.] 5
28-This act shall be known and may be cited as the “Peer-to-Peer Car Sharing Program”. 6
29-27-8.3-2. Applicability. [Effective April 1, 2023.] 7
30-The provisions of this chapter apply notwithstanding any law, rule, or regulation to the 8
31-contrary. Where any provision of this chapter conflicts with any other provision of law, the 9
32-provisions of this chapter shall supersede any such conflicting or contradictory provision. 10
33-27-8.3-3. Definitions. [Effective April 1, 2023.] 11
34-Except as otherwise provided, the following definitions apply throughout this chapter: 12
35-(1) “Car sharing delivery period” means the period of time during which a shared vehicle 13
36-is being delivered to the location of the car sharing start time, if applicable, as documented by the 14
37-governing car sharing program agreement. 15
38-(2) “Car sharing period” means the period of time that commences with the car sharing 16
39-delivery period or, if there is no car sharing delivery period, that commences with the car sharing 17
40-start time and in either case ends at the car sharing termination time. 18
41-(3) “Car sharing program agreement” means the terms and conditions applicable to a shared 19
23+SECTION 1. Section 27-8.3-2 of the General Laws in Chapter 27-8.3 entitled "Peer-To-1
24+Peer Car Sharing Program [Effective April 1, 2023.]" is hereby repealed. 2
25+27-8.3-2. Applicability. [Effective April 1, 2023.] 3
26+The provisions of this chapter apply notwithstanding any law, rule, or regulation to the 4
27+contrary. Where any provision of this chapter conflicts with any other provision of law, the 5
28+provisions of this chapter shall supersede any such conflicting or contradictory provision. 6
29+SECTION 2. Section 27-8.3-3 of the General Laws in Chapter 27-8.3 entitled "Peer-To-7
30+Peer Car Sharing Program [Effective April 1, 2023.]" is hereby amended to read as follows: 8
31+27-8.3-3. Definitions. [Effective April 1, 2023.] 9
32+(a) Except as otherwise provided, the following definitions apply throughout this chapter: 10
33+(1) “Car sharing delivery period” means the period of time during which a shared vehicle 11
34+is being delivered to the location of the car sharing start time, if applicable, as documented by the 12
35+governing car sharing program agreement. 13
36+(2) “Car sharing period” means the period of time that commences with the car sharing 14
37+delivery period or, if there is no car sharing delivery period, that commences with the car sharing 15
38+start time and in either case ends at the car sharing termination time. 16
39+(3) “Car sharing program agreement” means the terms and conditions applicable to a shared 17
40+vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-18
41+to-peer car sharing program. “Car sharing program agreement” does not mean a rental car 19
4242
4343
44-LC000177/SUB B - Page 2 of 9
45-vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-1
46-to-peer car sharing program. “Car sharing program agreementdoes not mean a rental car 2
47-agreement, issued by a motor vehicle rental company as defined in § 31-34.1-1. 3
48-(4) “Car sharing start time” means the time when the shared vehicle becomes subject to the 4
49-control of the shared vehicle driver at or after the time the reservation of a shared vehicle is 5
50-scheduled to begin as documented in the records of a peer-to-peer car sharing program. 6
51-(5) “Car sharing termination time” means the earliest of the following events: 7
52-(i) The expiration of the agreed upon period of time established for the use of a shared 8
53-vehicle according to the terms of the car sharing program agreement if the shared vehicle is 9
54-delivered to the location agreed upon in the car sharing program agreement; 10
55-(ii) When the shared vehicle is returned to a location as alternatively agreed upon by the 11
56-shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing 12
57-program, which alternatively agreed upon location shall be incorporated into the car sharing 13
58-program agreement; or 14
59-(iii) When the shared vehicle owner or the shared vehicle owner’s authorized designee, 15
60-takes possession and control of the shared vehicle. 16
61-(6) “Peer-to-peer car sharing” means the authorized use of a vehicle by an individual other 17
62-than the vehicle’s owner through a peer-to-peer car sharing program. “Peer-to-peer car sharing” 18
63-does not mean rental car or rental activity as described in chapter 34.1 of title 31. 19
64-(7) “Peer-to-peer car sharing program” means a business platform that connects vehicle 20
65-owners with drivers to enable the sharing of vehicles for financial consideration. “Peer-to-peer car 21
66-sharing program” does not mean a rental car company as defined in § 31-34.1-1. 22
67-(8) “Shared vehicle” means a vehicle that is available for sharing through a peer-to-peer 23
68-car sharing program. “Shared vehicle” does not mean a rental car or rental vehicle as described in 24
69-§ 31-34.1-1(4). 25
70-(9) “Shared vehicle driver” means an individual who has been authorized to drive the 26
71-shared vehicle by the shared vehicle owner under a car sharing program agreement. 27
72-(10) “Shared vehicle owner” means the registered owner, or a person or entity designated 28
73-by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through 29
74-a peer-to-peer car sharing program. Shared vehicle owner does not mean “rental company” as 30
75-defined in § 31-34.1-1(4). 31
76-27-8.3-4. Insurance coverage during car sharing period. [Effective April 1, 2023.] 32
77-(a) A peer-to-peer car sharing program shall assume liability, except as provided in 33
78-subsection (b) of this section, of a shared vehicle owner for bodily injury or property damage to 34
44+LC000177/SUB A - Page 2 of 4
45+agreement, issued by a motor vehicle rental company as defined in § 31-34.1-1. 1
46+(4) “Car sharing start timemeans the time when the shared vehicle becomes subject to the 2
47+control of the shared vehicle driver at or after the time the reservation of a shared vehicle is 3
48+scheduled to begin as documented in the records of a peer-to-peer car sharing program. 4
49+(5) “Car sharing termination time” means the earliest of the following events: 5
50+(i) The expiration of the agreed upon period of time established for the use of a shared 6
51+vehicle according to the terms of the car sharing program agreement if the shared vehicle is 7
52+delivered to the location agreed upon in the car sharing program agreement; 8
53+(ii) When the shared vehicle is returned to a location as alternatively agreed upon by the 9
54+shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing 10
55+program, which alternatively agreed upon location shall be incorporated into the car sharing 11
56+program agreement; or 12
57+(iii) When the shared vehicle owner or the shared vehicle owner’s authorized designee, 13
58+takes possession and control of the shared vehicle. 14
59+(6) “Peer-to-peer car sharing” means the authorized use of a vehicle by an individual other 15
60+than the vehicle’s owner through a peer-to-peer car sharing program. “Peer-to-peer car sharing” 16
61+does not mean rental car or rental activity as described in chapter 34.1 of title 31. 17
62+(7) “Peer-to-peer car sharing program” means a business platform that connects vehicle 18
63+owners with drivers to enable the sharing of vehicles for financial consideration. “Peer-to-peer car 19
64+sharing program” does not mean a rental car company as defined in § 31-34.1-1. 20
65+(8) “Shared vehicle” means a vehicle that is available for sharing through a peer-to-peer 21
66+car sharing program. “Shared vehicle” does not mean a rental car or rental vehicle as described in 22
67+§ 31-34.1-1(4). 23
68+(9) “Shared vehicle drivermeans an individual who has been authorized to drive the 24
69+shared vehicle by the shared vehicle owner under a car sharing program agreement. 25
70+(10) “Shared vehicle owner” means the registered owner, or a person or entity designated 26
71+by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through 27
72+a peer-to-peer car sharing program. Shared vehicle owner does not mean “rental companyas 28
73+defined in § 31-34.1-1(4). 29
74+(b) "Peer-to-peer car sharing", "peer-to-peer car sharing program" and "car sharing 30
75+program agreement" as defined in this section are not considered rental vehicle activity under § 31-31
76+34.1 et seq.; provided that, a shared vehicle owner does not share more than five (5) vehicles 32
77+through one or more peer-to-peer car sharing programs in one calendar year pursuant to § 31-5-33. 33
78+SECTION 3. Chapter 27-8.3 of the General Laws entitled "Peer-To-Peer Car Sharing 34
7979
8080
81-LC000177/SUB B - Page 3 of 9
82-third parties or uninsured and underinsured motorist or personal injury protection losses during the 1
83-car sharing period in an amount stated in the peer-to-peer car sharing program agreement which 2
84-amount may not be less than those set forth in § 31-32-2. 3
85-(b) Notwithstanding the definition of “car sharing termination time” as set forth in § 27-4
86-8.3-3, the assumption of liability under subsection (a) of this section does not apply to any shared 5
87-vehicle owner when: 6
88-(1) A shared vehicle owner makes an intentional or fraudulent material misrepresentation 7
89-or omission to the peer-to-peer car sharing program before the car sharing period in which the loss 8
90-occurred; or 9
91-(2) Acting in concert with a shared vehicle driver who fails to return the shared vehicle 10
92-pursuant to the terms of a car sharing program agreement. 11
93-(c) Notwithstanding the definition of “car sharing termination time” as set forth in § 27-12
94-8.3-3, the assumption of liability under subsection (a) of this section would apply to bodily injury, 13
95-property damage, uninsured and underinsured motorist or personal injury protection losses by 14
96-damaged third parties required by § 31-32-2. 15
97-(d) A peer-to-peer car sharing program shall ensure that, during each car sharing period, 16
98-the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability 17
99-insurance policy that provides insurance coverage in amounts no less than the minimum amounts 18
100-set forth in § 31-32-2, and: 19
101-(1) Recognizes that the shared vehicle insured under the policy is made available and used 20
102-through a peer-to-peer car sharing program; or 21
103-(2) Does not exclude use of a shared vehicle by a shared vehicle driver. 22
104-(e) The insurance described under subsection (d) of this section may be satisfied by motor 23
105-vehicle liability insurance maintained by: 24
106-(1) A shared vehicle owner; 25
107-(2) A shared vehicle driver; 26
108-(3) A peer-to-peer car sharing program; or 27
109-(4) Both a shared vehicle owner, a shared vehicle driver, and a peer-to-peer car sharing 28
110-program. 29
111-(f) The insurance described in subsection (e) of this section that is satisfying the insurance 30
112-requirement of subsection (d) of this section shall be primary during each car sharing period and in 31
113-the event that a claim occurs in another state with minimum financial responsibility limits higher 32
114-than the limits contained in § 31-32-2, during the car sharing period, the coverage maintained under 33
115-subsection (e) of this section shall satisfy the difference in minimum coverage amounts, up to the 34
116-
117-
118-LC000177/SUB B - Page 4 of 9
119-applicable policy limits. 1
120-(g) The insurer, insurers, or peer-to-peer car sharing program providing coverage under 2
121-subsection (d) or (e) of this section shall assume primary liability for a claim when: 3
122-(1) A dispute exists as to who was in control of the shared motor vehicle at the time of the 4
123-loss and the peer-to-peer car sharing program does not have available, did not retain, or fails to 5
124-provide the information required by this section; or 6
125-(2) A dispute exists as to whether the shared vehicle was returned to the alternatively agreed 7
126-upon location as required under § 27-8.3-3(5). 8
127-(h) If insurance maintained by a shared vehicle owner or shared vehicle driver in 9
128-accordance with subsection (e) of this section has lapsed or does not provide the required coverage, 10
129-insurance maintained by a peer-to-peer car sharing program shall provide the coverage required by 11
130-subsection (d) of this section beginning with the first dollar of a claim and have the duty to defend 12
131-such claim except under circumstances as set forth in subsection (b) of this section. 13
132-(i) Coverage under an automobile insurance policy maintained by the peer-to-peer car 14
133-sharing program shall not be dependent on another automobile insurer first denying a claim nor 15
134-shall another automobile insurance policy be required to first deny a claim. 16
135-(j) Nothing in this chapter: 17
136-(1) Limits the liability of the peer-to-peer car sharing program for any act or omission of 18
137-the peer-to-peer car sharing program itself that results in injury to any person as a result of the use 19
138-of a shared vehicle through a peer-to-peer car sharing program; or 20
139-(2) Limits the ability of the peer-to-peer car sharing program to, by contract, seek 21
140-indemnification from the shared vehicle owner or the shared vehicle driver for economic loss 22
141-sustained by the peer-to-peer car sharing program resulting from a breach of the terms and 23
142-conditions of the car sharing program agreement. 24
143-27-8.3-5. Notification of implications of lien. [Effective April 1, 2023.] 25
144-At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car 26
145-sharing program and prior to the time when the shared vehicle owner makes a shared vehicle 27
146-available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing 28
147-program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the 29
148-use of the shared vehicle through a peer-to-peer car sharing program, including use without physical 30
149-damage coverage, may violate the terms of the contract with the lienholder. 31
150-27-8.3-6. Exclusions in motor vehicle liability insurance policies. [Effective April 1, 32
151-2023.] 33
152-(a) An authorized insurer that writes motor vehicle liability insurance in this state may 34
153-
154-
155-LC000177/SUB B - Page 5 of 9
156-exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a 1
157-shared vehicle owner’s motor vehicle liability insurance policy, including, but not limited to: 2
158-(1) Liability coverage for bodily injury and property damage; 3
159-(2) Uninsured and underinsured motorist coverage; 4
160-(3) Medical payments coverage; 5
161-(4) Comprehensive physical damage coverage; and 6
162-(5) Collision physical damage coverage. 7
163-(b) Nothing in this chapter invalidates or limits an exclusion contained in a motor vehicle 8
164-liability insurance policy, including any insurance policy in use or approved for use that excludes 9
165-coverage for motor vehicles made available for rent, sharing, or hire or for any business use. 10
166-(c) Nothing in this chapter invalidates, limits, or restricts an insurer’s ability under existing 11
167-law to underwrite any insurance policy. Nothing in this chapter invalidates, limits, or restricts an 12
168-insurer’s ability under existing law to cancel and non-renew policies. 13
169-27-8.3-7. Recordkeeping — Use of vehicle in car sharing. [Effective April 1, 2023.] 14
170-A peer-to-peer car sharing program shall collect and verify records pertaining to the use of 15
171-a vehicle, including, but not limited to, times used, car sharing period pick up and drop off locations, 16
172-fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and 17
173-provide that information upon request to the shared vehicle owner, the shared vehicle owner’s 18
174-insurer, or the shared vehicle driver’s insurer to facilitate a claim coverage investigation, settlement, 19
175-negotiation, or litigation. The peer-to-peer car sharing program shall retain the records for a time 20
176-period not less than four (4) years. 21
177-27-8.3-8. Exemptions. [Effective April 1, 2023.] 22
178-(a) Vicarious liability. A peer-to-peer car sharing program and a shared vehicle owner 23
179-shall be exempt from vicarious liability consistent with 49 U.S.C. § 30106 and under any state or 24
180-local law that imposes liability solely based on vehicle ownership. 25
181-(b) Rental vehicle surcharge. The receipts of the peer-to-peer car sharing program and the 26
182-receipts of the shared vehicle owner from peer-to-peer car sharing shall be exempt from the eight 27
183-percent (8%) rental vehicle surcharge as set forth in § 31-34.1-2. 28
184-27-8.3-9. Contribution against indemnification. [Effective April 1, 2023.] 29
185-A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is 30
186-excluded under the terms of its policy shall have the right to seek recovery against the motor vehicle 31
187-insurer of the peer-to-peer car sharing program if the claim is: 32
188-(1) Made against the shared vehicle owner or the shared vehicle driver for loss or injury 33
189-that occurs during the car sharing period; and 34
190-
191-
192-LC000177/SUB B - Page 6 of 9
193-(2) Excluded under the terms of its policy. 1
194-27-8.3-10. Insurable interest. [Effective April 1, 2023.] 2
195-(a) Notwithstanding any other law, statute, rule, or regulation to the contrary, a peer-to-3
196-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing 4
197-period. 5
198-(b) Nothing in this section creates liability on a peer-to-peer car sharing program to 6
199-maintain the coverage mandated by § 27-8.3-4. 7
200-(c) A peer-to-peer car sharing program may own and maintain as the named insured one or 8
201-more policies of motor vehicle liability insurance that provides coverage for: 9
202-(1) Liabilities assumed by the peer-to-peer car sharing program under a peer-to-peer car 10
203-sharing program agreement; 11
204-(2) Any liability of the shared vehicle owner; or 12
205-(3) Damage or loss to the shared motor vehicle; or any liability of the shared vehicle driver. 13
206-27-8.3-11. Consumer protections disclosures. [Effective April 1, 2023.] 14
207-Each car sharing program agreement made in this state shall disclose to the shared vehicle 15
208-owner and the shared vehicle driver: 16
209-(1) Any right of the peer-to-peer car sharing program to seek indemnification from the 17
210-shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer 18
211-car sharing program resulting from a breach of the terms and conditions of the car sharing program 19
212-agreement; 20
213-(2) That a motor vehicle liability insurance policy issued to the shared vehicle owner for 21
214-the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for 22
215-any claim asserted by the peer-to-peer car sharing program; 23
216-(3) That the peer-to-peer car sharing program’s insurance coverage on the shared vehicle 24
217-owner and the shared vehicle driver is in effect only during each car sharing period and that, for 25
218-any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the 26
219-shared vehicle driver and the shared vehicle owner may not have insurance coverage; 27
220-(4) The daily rate, fees, and if applicable, any insurance or protection package costs that 28
221-are charged to the shared vehicle owner or the shared vehicle driver; 29
222-(5) That the shared vehicle owner’s motor vehicle liability insurance may not provide 30
223-coverage for a shared vehicle; 31
224-(6) An emergency telephone number to personnel capable of fielding roadside assistance 32
225-and other customer service inquiries; and 33
226-(7) If there are conditions under which a shared vehicle driver must maintain a personal 34
227-
228-
229-LC000177/SUB B - Page 7 of 9
230-automobile insurance policy with certain applicable coverage limits on a primary basis in order to 1
231-book a shared motor vehicle. 2
232-27-8.3-12. Driver’s license verification and data retention. [Effective April 1, 2023.] 3
233-(a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing 4
234-program agreement with a driver unless the driver who will operate the shared vehicle: 5
235-(1) Holds a driver’s license issued under chapter 10 of title 31 that authorizes the driver to 6
236-operate vehicles of the class of the shared vehicle; or 7
237-(2) Is a nonresident who: 8
238-(i) Has a driver’s license issued by the state or country of the driver’s residence that 9
239-authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; and 10
240-(ii) Is at least the same age as that required of a resident to drive; or 11
241-(3) Otherwise is specifically authorized by § 31-10-2 to drive vehicles of the class of the 12
242-shared vehicle. 13
243-(b) A peer-to-peer car sharing program shall keep a record of: 14
244-(1) The name and address of the shared vehicle driver; 15
245-(2) The number of the driver’s license of the shared vehicle driver and each other person, 16
246-if any, who will operate the shared vehicle; and 17
247-(3) The place of issuance of the driver’s license. 18
248-27-8.3-13. Responsibility for equipment. [Effective April 1, 2023.] 19
249-A peer-to-peer car sharing program shall have sole responsibility for any equipment, such 20
250-as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate 21
251-the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for 22
252-any damage to or theft of such equipment during the sharing period not caused by the vehicle 23
253-owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle 24
254-driver for any loss or damage to such equipment that occurs during the sharing period. 25
255-27-8.3-14. Automobile safety recalls. [Effective April 1, 2023.] 26
256-(a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer 27
257-car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle 28
258-available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing 29
259-program shall: 30
260-(1) Verify that the shared vehicle does not have any safety recalls on the vehicle for which 31
261-the repairs have not been made; and 32
262-(2) Notify the shared vehicle owner of the requirements under subsection (b) of this section. 33
263-(b)(1) If the shared vehicle owner has received an actual notice of a safety recall on the 34
264-
265-
266-LC000177/SUB B - Page 8 of 9
267-vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-1
268-peer car sharing program until the safety recall repair has been made. 2
269-(2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle 3
270-while the shared vehicle is made available on the peer-to-peer car sharing program, the shared 4
271-vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program, 5
272-as soon as practicably possible after receiving the notice of the safety recall and until the safety 6
273-recall repair has been made. 7
274-(3) If a shared vehicle owner receives an actual notice of a safety recall while the shared 8
275-vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible 9
276-after receiving the notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer 10
277-car sharing program about the safety recall in order that the shared vehicle owner may address the 11
278-safety recall repair. 12
279-SECTION 2. This act shall take effect upon passage. 13
81+LC000177/SUB A - Page 3 of 4
82+Program [Effective April 1, 2023.]" is hereby amended by adding thereto the following section: 1
83+27-8.3-15. Shared vehicle owner certification requirements. 2
84+(a) A peer-to-peer vehicle sharing program shall require all shared vehicle owners to certify 3
85+to the peer-to-peer sharing program whether the shared vehicle owner or any affiliate or subsidiary 4
86+has registered more than five (5) different shared vehicles on any combination of platforms at any 5
87+one time. 6
88+(b) A shared vehicle owner is under a continuing obligation to immediately notify all peer-7
89+to-peer car sharing programs upon which they have vehicles registered, if the registration of a 8
90+shared vehicle on a platform will cause the shared vehicle owner to exceed five (5) or more different 9
91+shared vehicles registered on any combination of peer-to-peer vehicle sharing programs at any one 10
92+time. Such notification shall occur prior to sharing any additional shared vehicles on any platforms, 11
93+not including those already subject to a vehicle sharing program agreement at the time the 12
94+additional vehicle is registered with the program by the shared vehicle owner. 13
95+(c) Failure by the shared vehicle owner to immediately notify any program shall subject 14
96+the shared vehicle owner to payment of the taxes due and applicable penalties. 15
97+(d) Any affirmation or notification by the shared vehicle owner of the required 16
98+certifications shall require the peer-to-peer vehicle sharing program to collect any and all applicable 17
99+taxes and surcharges. A peer-to-peer vehicle sharing program that collects rental vehicle surcharges 18
100+pursuant to § 31-34.1-2 shall remit to the shared vehicle owner the portion of the surcharge allowed 19
101+to be retained by the rental company pursuant to § 31-34.1-2(b). 20
102+SECTION 4. This act shall take effect on April 1, 2023. 21
280103 ========
281-LC000177/SUB B
104+LC000177/SUB A
282105 ========
283106
284107
285-LC000177/SUB B - Page 9 of 9
108+LC000177/SUB A - Page 4 of 4
286109 EXPLANATION
287110 BY THE LEGISLATIVE COUNCIL
288111 OF
289112 A N A C T
290113 RELATING TO INSURANCE -- PEER-TO-PEER CAR SHARING PROGRAM
291114 ***
292-This act would repeal the provisions of chapter 8.3 of title 27, the "peer-to-peer car sharing 1
293-program." 2
294-This act would take effect upon passage. 3
115+This act would provide that peer-to-peer car sharing, peer-to-peer car sharing programs, 1
116+and peer-to-peer car sharing program agreements are not considered rental vehicles subject to a 2
117+rental vehicle surcharge under chapter 31-34.1 provided the shared vehicle owner shares no more 3
118+than five (5) vehicles in a calendar year. 4
119+This act would take effect on April 1, 2023. 5
295120 ========
296-LC000177/SUB B
121+LC000177/SUB A
297122 ========
298123