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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 395
September 5, 2023 - Introduced by Representatives DUCHOW, NEYLON, GOEBEN,
GUNDRUM, KITCHENS, MURSAU, O'CONNOR, RETTINGER, SCHMIDT, ZIMMERMAN
and STUBBS, cosponsored by Senators STAFSHOLT, BALLWEG, CABRAL-GUEVARA
and COWLES. Referred to Committee on Transportation.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 77.99, 77.995 (2), 344.57 (5), 344.57 (6) and 344.57 (7); and to
create 344.51 (4), 344.581 and 632.362 of the statutes; relating to:
requirements for and insurance related to peer-to-peer motor vehicle sharing
programs.
Analysis by the Legislative Reference Bureau
This bill generally requires that peer-to-peer motor vehicle sharing programs
assume liability, as specified under the bill, for the owners of shared vehicles and sets
certain other requirements on those programs.
Under the bill, a peer-to-peer motor vehicle sharing program is a business
platform that connects a motor vehicle owner with an individual to enable the
individual's use of the motor vehicle for financial consideration. The individual must
have a driver's license to be able to participate in the sharing program.
The bill requires the sharing program to assume liability for the shared vehicle
owner for bodily injury or property damage to third parties, or for uninsured and
underinsured motorist or personal injury protection losses, in amounts stated in the
sharing agreement, which cannot be less than the minimum coverage required
under Wisconsin law. However, the sharing program is not required to assume
liability if the vehicle owner makes an intentional or fraudulent material
misrepresentation or omission or is acting in concert with a driver who fails to return
the motor vehicle in accordance with the sharing agreement.
The bill also requires the sharing program to ensure that each shared vehicle
owner and driver are insured under a policy that provides coverage in amounts no
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less than the minimum required under Wisconsin law. That required coverage may
be provided under primary insurance maintained by the shared vehicle owner, the
shared vehicle driver, the sharing program, or any combination of those. The bill
requires that the insurer, insurers, or sharing program providing coverage must
provide primary coverage if there is a dispute about who controlled the vehicle at the
time of the loss and the program does not retain information required under the bill
or if there is a dispute about whether the vehicle was dropped off at a location
specified in the sharing agreement. Under the bill, the sharing program's insurance
must cover the loss beginning with the first dollar and has the duty to defend if the
driver's or owner's insurance has lapsed or does not provide the required coverage.
The bill gives the sharing program an insurable interest in the motor vehicle during
the period it is being shared and allows the sharing program to own and maintain
coverage specified under the bill.
The bill allows insurers writing motor vehicle insurance to exclude coverage,
including liability for bodily injury and property damage and uninsured and
underinsured motorists coverage, and to refuse to defend or indemnify for any claim
under a shared vehicle owner's policy.
The bill exempts sharing programs and shared vehicle owners from liability in
accordance with a federal law that exempts a vehicle owner who rents or leases the
vehicle from liability for harm to persons or property that results from or arises out
of the use, operation, or possession of the vehicle during the rental or lease if the
owner is engaged in the business of renting or leasing motor vehicles and there is no
negligence or criminal wrongdoing on the part of the owner. The bill also exempts
sharing programs and shared vehicle owners from state laws regarding financial
responsibility for rented vehicles and damage waivers and liability in the context of
vehicle rental agreements.
The bill requires the sharing program to verify that the shared vehicle is not
the subject of a safety recall at the time the vehicle is registered with the program.
A shared vehicle owner that receives a safety recall notice must remove the vehicle
from the program and refrain from sharing it until the repairs are made and, if the
vehicle is in the possession of a shared vehicle driver, notify the sharing program of
the recall.
The bill requires the sharing program to disclose certain information to shared
vehicle owners and drivers, including information related to insurance coverage and
the daily rates and fees, and to retain information about the sharing transactions.
Additionally, at the time a vehicle owner registers with a sharing program, the
sharing program must inform the owner of the responsibilities relating to safety
recalls and that sharing the vehicle may violate an agreement with a lienholder.
Under the bill, the sharing program has responsibility for any equipment that
is put in or on the vehicle to monitor or facilitate the sharing transaction. The
sharing program must agree to indemnify and hold harmless the owner for any
damage or theft to that equipment not caused by the owner, but has the right to seek
indemnity from the driver for such loss or damage.
Finally, the bill also specifies that sharing programs and shared vehicle owners
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for purposes of the local rental car tax and the short-term rental of vehicles for the
purposes of the state rental vehicle fee, if the applicable sales and use taxes are paid
for the purchase of the shared motor vehicle.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 77.99 of the statutes is amended to read:
77.99 Imposition. A local exposition district under subch. II of ch. 229 may
impose a tax at the rate of 3 percent of the sales price on the rental, but not for
rerental and not for rental as a service or repair replacement vehicle, within the
district's jurisdiction under s. 229.43, of Type 1 automobiles, as defined in s. 340.01
(4) (a), by establishments primarily engaged in short-term rental of passenger cars
without drivers, for a period of 30 days or less, unless the sale is exempt from the sales
tax under s. 77.54 (1), (4), (7) (a), (7m), (9) or (9a). If the state makes a payment under
s. 229.50 (7) to a district's special debt service reserve fund, a majority of the district's
authorized board of directors may vote to increase the tax rate under this subchapter
to 4 percent. A resolution to adopt the taxes imposed under this section, or an
increase in the tax rate, shall be effective on the first January 1, April 1, July 1, or
October 1 following the adoption of the resolution or tax increase. For purposes of
this section, a peer-to-peer motor vehicle sharing program, as defined in s. 632.362
(1) (g), or a shared vehicle owner, as defined in s. 632.362 (1) (i), is not an
establishment primarily engaged in short-term rental of passenger cars without
drivers, if the applicable taxes under s. 77.52 or 77.53 have been paid for the purchase
of the shared motor vehicle.
SECTION 2. 77.995 (2) of the statutes is amended to read:
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77.995 (2) There is imposed a fee at the rate of 5 percent of the sales price on
the rental, but not for rerental and not for rental as a service or repair replacement
vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of recreational vehicles,
as defined in s. 340.01 (48r); of motor homes, as defined in s. 340.01 (33m); and of
camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged
in short-term rental of vehicles without drivers, for a period of 30 days or less, unless
the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). There
is also imposed a fee at the rate of 5 percent of the sales price on the rental of
limousines. For purposes of this subsection, a peer-to-peer motor vehicle sharing
program, as defined in s. 632.362 (1) (g), or a shared vehicle owner, as defined in s.
632.362 (1) (i), is not an establishment primarily engaged in short-term rental of
vehicles without drivers, if the applicable taxes under s. 77.52 or 77.53 have been
paid for the purchase of the shared motor vehicle.
SECTION 3. 344.51 (4) of the statutes is created to read:
344.51 (4) This section does not apply to a motor vehicle sharing agreement,
as defined in s. 632.362 (1) (b); a peer-to-peer motor vehicle sharing program, as
defined in s. 632.362 (1) (g); or a shared vehicle owner, as defined in s. 632.362 (1) (i).
SECTION 4. 344.57 (5) of the statutes is amended to read:
344.57 (5) “Rental agreement" means a written agreement setting forth the
terms and conditions governing the use of a private passenger vehicle provided for
rent by a rental company. “Rental agreement” does not include a motor vehicle
sharing agreement, as defined in s. 632.362 (1) (b).
SECTION 5. 344.57 (6) of the statutes is amended to read:
344.57 (6) “Rental company" means a person in the business of providing
private passenger vehicles for rent to the public. “Rental company” does not include
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a person operating a peer-to-peer motor vehicle sharing program, as defined in s.
632.362 (1) (g), or a shared vehicle owner, as defined in s. 632.362 (1) (i).
SECTION 6. 344.57 (7) of the statutes is amended to read:
344.57 (7) “Renter" means the person who rents a private passenger vehicle
from a rental company under a rental agreement. “Renter” does not include a shared
vehicle driver, as defined in s. 632.362 (1) (h).
SECTION 7. 344.581 of the statutes is created to read:
344.581 Peer-to-peer motor vehicle sharing. (1) DEFINITIONS. In this
section:
(a) “Motor vehicle sharing agreement” has the meaning given in s. 632.362 (1)
(b).
(b) “Motor vehicle sharing duration” has the meaning given in s. 632.362 (1) (d).
(c) “Peer-to-peer motor vehicle sharing program” has the meaning given in s.
632.362 (1) (g).
(d) “Shared vehicle driver” has the meaning given in s. 632.362 (1) (h).
(e) Notwithstanding s. 344.01 (2) (cm), “shared vehicle owner” has the meaning
given in s. 632.362 (1) (i).
(2) OPERATOR'S LICENSE REQUIRED. A peer-to-peer motor vehicle sharing
program may not enter into a motor vehicle sharing agreement with an individual
who will operate a shared motor vehicle unless the individual satisfies any of the
following:
(a) The individual holds an operator's license under ch. 343 that authorizes the
individual to operate a motor vehicle of the class of the shared motor vehicle.
(b) The individual is a nonresident of this state who satisfies all of the following:
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1. The individual holds a license issued by the state or country of the
individual's residence that authorizes the individual to operate a motor vehicle of the
class of the shared motor vehicle in that state or country.
2. The individual has attained the age of 18.
(3) RESPONSIBILITY FOR CERTAIN EQUIPMENT. A peer-to-peer motor vehicle
sharing program has sole responsibility for any equipment, including a global
positioning system or other special equipment, that is put in or on a motor vehicle
to monitor or facilitate the motor vehicle sharing transaction. The peer-to-peer
motor vehicle sharing program shall agree to indemnify and hold harmless the
shared vehicle owner for any damage to or theft of equipment described under this
subsection during the motor vehicle sharing duration that is not caused by the
shared vehicle owner. The peer-to-peer motor vehicle sharing program has the right
to seek indemnity from the shared vehicle driver for any loss or damage to equipment
described under this subsection during the motor vehicle sharing duration.
(4) SAFETY RECALLS. (a) At the time a motor vehicle owner registers as a shared
vehicle owner through a peer-to-peer motor vehicle sharing program and before the
shared vehicle owner makes a motor vehicle available for sharing, the peer-to-peer
motor vehicle sharing program shall do all of the following:
1. Verify that the shared motor vehicle is not the subject of a safety recall for
which the repairs have not been made.
2. Notify the shared vehicle owner of the shared vehicle owner's responsibilities
under par. (b).
(b) A shared vehicle owner that receives notice of a safety recall on the shared
motor vehicle shall do all of the following, as applicable:
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1. Refrain from making the motor vehicle available for sharing until the safety
recall repair has been made.
2. If the motor vehicle has been made available for sharing before receipt of the
notice of recall, remove the motor vehicle from the peer-to-peer motor vehicle
sharing program as soon as practicable after receipt of the notice and until the safety
recall repair has been made.
3. If the motor vehicle is in possession of the shared vehicle driver at the time
of receipt of the notice of recall, notify the peer-to-peer motor vehicle sharing
program of the recall as soon as practicable after receipt of the notice.
(5) RECORD RETENTION. For each individual who will operate a shared motor
vehicle under a motor vehicle sharing agreement, a peer-to-peer motor vehicle
sharing program shall keep a record of the individual's name and address, the
individual's operator's license number, and the state or foreign country that issued
the individual's operator's license.
SECTION 8. 632.362 of the statutes is created to read:
632.362 Peer-to-peer motor vehicle sharing. (1) DEFINITIONS. In this
section:
(a) “Motor vehicle” has the meaning given in s. 344.01 (2) (b).
(b) “Motor vehicle sharing agreement” means an agreement providing the
terms and conditions, applicable to a shared vehicle driver and shared vehicle owner,
that govern the use of a shared motor vehicle through a peer-to-peer motor vehicle
sharing program.
(c) “Motor vehicle sharing delivery period” means the period during which a
shared motor vehicle is being delivered to the location of the motor vehicle sharing
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initiation time, if applicable, as documented by the governing motor vehicle sharing
agreement.
(d) “Motor vehicle sharing duration” means the period that commences with
the motor vehicle sharing delivery period or, if there is no motor vehicle sharing
delivery period, that commences with the motor vehicle sharing initiation time and,
in either case, ends at the motor vehicle sharing termination time.
(e) “Motor vehicle sharing initiation time” means the time when the motor
vehicle to be shared becomes subject to the control of the shared vehicle driver at or
after the time the reservation of a shared motor vehicle is scheduled to begin as
documented in the records of a peer-to-peer motor vehicle sharing program.
(f) “Motor vehicle sharing termination time” means the earliest of the following:
1. The expiration of the time agreed upon for the use of the shared motor vehicle
according to the terms of the motor vehicle sharing agreement, if the shared motor
vehicle is delivered to the location that is specified in the motor vehicle sharing
agreement.
2. The time the shared motor vehicle is returned by the shared vehicle driver
to a location as alternatively agreed upon by the shared vehicle owner and shared
vehicle driver, as communicated through a peer-to-peer motor vehicle sharing
program, which alternatively agreed upon location shall be incorporated into the
motor vehicle sharing agreement.
3. The time the shared vehicle owner regains possession and control of the
shared motor vehicle.
(g) “Peer-to-peer motor vehicle sharing program” means a business platform
that connects motor vehicle owners with individuals to enable the authorized use of
a motor vehicle by an individual other than the owner for financial consideration.
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(h) “Shared vehicle driver” means an individual who is authorized to drive a
shared motor vehicle under a motor vehicle sharing agreement through a
peer-to-peer motor vehicle sharing program and who is not the shared vehicle
owner.
(i) “Shared vehicle owner” means the registered owner, or a person or entity
designated by the registered owner, of a motor vehicle that is available for sharing
through a peer-to-peer motor vehicle sharing program.
(2) INSURANCE COVERAGE DURING SHARING. (a) A peer-to-peer motor vehicle
sharing program shall, except as provided in par. (b), assume liability of a shared
vehicle owner for bodily injury or property damage to 3rd parties, or for uninsured
and underinsured motorist or personal injury protection losses, in amounts stated
in the motor vehicle sharing agreement that are no less than the amounts specified
in s. 344.33 (2) during the motor vehicle sharing duration.
(b) Notwithstanding the definition of motor vehicle sharing termination time,
the assumption of liability under par. (a) does not apply to a shared vehicle owner
when any of the following occurs:
1. The shared vehicle owner makes an intentional or fraudulent material
misrepresentation or omission to the peer-to-peer motor vehicle sharing program
before the motor vehicle sharing duration in which the loss occurred.
2. The shared vehicle owner acts in concert with a shared vehicle driver who
fails to return the shared motor vehicle pursuant to the terms of a motor vehicle
sharing agreement.
(c) Notwithstanding the definition of motor vehicle sharing termination time,
the assumption of liability under par. (a) applies to bodily injury, property damage,
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and uninsured and underinsured motorist or personal injury protection losses by
damaged 3rd parties as required by s. 344.33 (2).
(d) A peer-to-peer motor vehicle sharing program shall ensure that, during
each motor vehicle sharing duration, 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 s. 344.33 (2) and that satisfies any of the following:
1. The policy recognizes that the shared motor vehicle insured under the policy
is made available and used through a peer-to-peer motor vehicle sharing program.
2. The policy does not exclude use of a shared motor vehicle by a shared vehicle
driver.
(e) The insurance requirement described under par. (d) may be satisfied by
motor vehicle liability insurance maintained by any of the following:
1. A shared vehicle owner.
2. A shared vehicle driver.
3. A peer-to-peer motor vehicle sharing program.
4. Any combination of the persons described in subds. 1. to 3.
(f) The coverage maintained under par. (e) that is satisfying the insurance
requirement under par. (d) shall be primary during each motor vehicle sharing
duration and, in the event that a claim occurs in another state with minimum
financial responsibility limits higher than the amounts specified in s. 344.33 (2)
during the motor vehicle sharing duration, the coverage maintained under par. (e)
shall satisfy the difference in minimum coverage amounts, up to the applicable policy
limits.
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(g) The insurer, insurers, or peer-to-peer motor vehicle sharing program
providing coverage under pars. (d) and (e) shall assume primary coverage if any of
the following applies:
1. A dispute exists as to who was in control of the shared motor vehicle at the
time of the loss, and the peer-to-peer motor vehicle sharing program does not have
available, does not retain, or fails to provide the information specified under sub. (9).
2. A dispute exists as to whether the shared motor vehicle was returned to an
alternatively agreed upon location specified in the motor vehicle sharing agreement.
(h) If insurance maintained by a shared vehicle owner or shared vehicle driver
in accordance with par. (e) has lapsed or does not provide the coverage required, then
insurance maintained by the peer-to-peer motor vehicle sharing program shall
provide the coverage required under par. (d) beginning with the first dollar of the
claim and shall have the duty to defend the claim except under circumstances
described in par. (b).
(i) Coverage under a motor vehicle insurance policy maintained by the
peer-to-peer motor vehicle sharing program may not be dependent on another motor
vehicle insurer first denying a claim nor shall another motor vehicle insurance policy
be required to first deny a claim.
(j) Nothing in this section does any of the following:
1. Limits the liability of a peer-to-peer motor vehicle sharing program for any
act or omission of the peer-to-peer motor vehicle sharing program itself that results
in injury to any person as a result of the use of a shared motor vehicle through the
peer-to-peer motor vehicle sharing program.
2. Limits the ability of a peer-to-peer motor vehicle sharing program to seek
indemnification, under the terms of a motor vehicle sharing agreement, from the
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shared vehicle owner or shared vehicle driver for economic loss sustained by the
peer-to-peer motor vehicle sharing program resulting from a breach of the terms of
the motor vehicle sharing agreement.
(3) INSURABLE INTEREST. A peer-to-peer motor vehicle sharing program shall
have an insurable interest in a shared motor vehicle during the motor vehicle
sharing duration. Nothing in this subsection creates liability on the peer-to-peer
motor vehicle sharing program to maintain the coverage required under sub. (2) (d).
The peer-to-peer motor vehicle sharing program may own and maintain as the
named insured one or more policies of motor vehicle liability insurance that provides
coverage for any of the following:
(a) Liabilities to be assumed by the peer-to-peer motor vehicle sharing
program under a motor vehicle sharing agreement.
(b) Any liability of the shared vehicle owner.
(c) Damage or loss to the shared motor vehicle.
(d) Any liability of the shared vehicle driver.
(4) EXCLUSIONS IN MOTOR VEHICLE LIABILITY POLICIES. (a) An insurer that writes
motor vehicle liability insurance in this state may exclude any coverage and may
refuse to defend or indemnify any claim under a shared vehicle owner's liability
policy, including any of the following coverages:
1. Liability coverage for bodily injury and property damage.
2. Personal injury protection.
3. Uninsured and underinsured motorists coverage.
4. Medical payments.
5. Comprehensive physical damage.
6. Collision physical damage.
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(b) Nothing in this section invalidates or limits any exclusion contained in a
motor vehicle liability insurance policy, including any policy in use or approved for
use that excludes coverage for motor vehicles that are made available for rent,
sharing, or hire or for any business use.
(c) Nothing in this section invalidates, limits, or restricts an insurer's ability,
as otherwise allowed under law, to underwrite an insurance policy or to cancel or not
renew an insurance policy.
(5) REQUIRED DISCLOSURES. Each peer-to-peer motor vehicle sharing program
shall include in any agreement made in this state with a shared vehicle owner or
shared vehicle driver all of the following disclosures:
(a) Any right of the peer-to-peer motor vehicle sharing program to seek
indemnification from the shared vehicle owner or shared vehicle driver for economic
loss sustained by the peer-to-peer motor vehicle sharing program resulting from a
breach of the terms and conditions of the motor vehicle sharing agreement.
(b) That a motor vehicle liability insurance policy issued to a shared vehicle
owner for the shared motor vehicle or to the shared vehicle driver does not provide
a defense or indemnification for any claim asserted against him or her by the
peer-to-peer motor vehicle sharing program.
(c) That the peer-to-peer motor vehicle sharing program's insurance coverage
on the shared vehicle owner and the shared vehicle driver is in effect only during the
motor vehicle sharing duration and that, for any use of the shared motor vehicle by
the shared vehicle driver other than during the motor vehicle sharing duration, the
shared vehicle driver and the shared vehicle owner might not have insurance
coverage.
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(d) 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 driver.
(e) That the motor vehicle liability insurance policy of the shared vehicle owner
might not provide coverage for a shared motor vehicle.
(f) An emergency telephone number of personnel who are capable of fielding
roadside assistance and other customer service inquiries.
(g) Any conditions under which a shared vehicle driver, in order to make a
reservation for a shared motor vehicle, must maintain a personal motor vehicle
insurance policy that is primary coverage with certain applicable coverage limits.
(6) NOTIFICATION OF IMPLICATIONS OF LIEN. At the time a motor vehicle owner
registers as a shared vehicle owner through a peer-to-peer motor vehicle sharing
program and before the shared vehicle owner makes a motor vehicle available for
sharing, the peer-to-peer motor vehicle sharing program shall notify the shared
vehicle owner that, if the shared motor vehicle has a lien against it, the use of the
shared motor vehicle through the peer-to-peer motor vehicle sharing program,
including any use without coverage for physical damage, may violate the terms of
any agreement with the lienholder.
(7) LIABILITY EXEMPTION. Any peer-to-peer motor vehicle sharing program and
any shared vehicle owner are exempt from liability consistent with 49 USC 30106
and under any state or local law that imposes liability solely based on vehicle
ownership.
(8) CONTRIBUTION AGAINST INDEMNIFICATION. A motor vehicle insurer that
defends or indemnifies a claim against a shared motor vehicle that is excluded under
the terms of the policy shall have the right to seek recovery against the motor vehicle
insurer of the peer-to-peer motor vehicle sharing program if the claim is made
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against the shared vehicle owner or the shared vehicle driver for loss or injury that
occurs during the motor vehicle sharing duration and is excluded under the terms
of the policy.
(9) RECORD RETENTION. A peer-to-peer motor vehicle sharing program shall
collect and verify records pertaining to the use of a shared motor vehicle, including
times used, motor vehicle pick up and drop off locations, fees paid by a shared vehicle
driver, and revenues received by the shared vehicle owner. To facilitate a claims
coverage investigation, settlement, negotiation, or litigation, the peer-to-peer motor
vehicle sharing program shall provide, upon request, the records collected under this
subsection to the shared vehicle owner, the insurer of the shared vehicle owner, or
the insurer of the shared vehicle driver. The peer-to-peer motor vehicle sharing
program shall retain the records collected under this subsection for a period not less
than the applicable time limit for bringing an action specified under ch. 893.
SECTION 9.0Effective date.
(1) This act takes effect on the first day of the 10th month beginning after
publication.
(END)
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