Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB395 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	LRB-3919/1
2	2	KRP&JK:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 395
5	5	September 5, 2023 - Introduced by Representatives DUCHOW, NEYLON, GOEBEN,
6	6	GUNDRUM, KITCHENS, MURSAU, O'CONNOR, RETTINGER, SCHMIDT, ZIMMERMAN
7	7	and STUBBS, cosponsored by Senators STAFSHOLT, BALLWEG, CABRAL-GUEVARA
8	8	and COWLES. Referred to Committee on Transportation.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 77.99, 77.995 (2), 344.57 (5), 344.57 (6) and 344.57 (7); and to
11	11	create 344.51 (4), 344.581 and 632.362 of the statutes; relating to:
12	12	requirements for and insurance related to peer-to-peer motor vehicle sharing
13	13	programs.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill generally requires that peer-to-peer motor vehicle sharing programs
16	16	assume liability, as specified under the bill, for the owners of shared vehicles and sets
17	17	certain other requirements on those programs.
18	18	Under the bill, a peer-to-peer motor vehicle sharing program is a business
19	19	platform that connects a motor vehicle owner with an individual to enable the
20	20	individual's use of the motor vehicle for financial consideration. The individual must
21	21	have a driver's license to be able to participate in the sharing program.
22	22	The bill requires the sharing program to assume liability for the shared vehicle
23	23	owner for bodily injury or property damage to third parties, or for uninsured and
24	24	underinsured motorist or personal injury protection losses, in amounts stated in the
25	25	sharing agreement, which cannot be less than the minimum coverage required
26	26	under Wisconsin law. However, the sharing program is not required to assume
27	27	liability if the vehicle owner makes an intentional or fraudulent material
28	28	misrepresentation or omission or is acting in concert with a driver who fails to return
29	29	the motor vehicle in accordance with the sharing agreement.
30	30	The bill also requires the sharing program to ensure that each shared vehicle
31	31	owner and driver are insured under a policy that provides coverage in amounts no
32	32	1
33	33	2
34	34	3
35	35	4 - 2 -2023 - 2024 Legislature LRB-3919/1
36	36	KRP&JK:skw
37	37	ASSEMBLY BILL 395
38	38	less than the minimum required under Wisconsin law. That required coverage may
39	39	be provided under primary insurance maintained by the shared vehicle owner, the
40	40	shared vehicle driver, the sharing program, or any combination of those. The bill
41	41	requires that the insurer, insurers, or sharing program providing coverage must
42	42	provide primary coverage if there is a dispute about who controlled the vehicle at the
43	43	time of the loss and the program does not retain information required under the bill
44	44	or if there is a dispute about whether the vehicle was dropped off at a location
45	45	specified in the sharing agreement. Under the bill, the sharing program's insurance
46	46	must cover the loss beginning with the first dollar and has the duty to defend if the
47	47	driver's or owner's insurance has lapsed or does not provide the required coverage.
48	48	The bill gives the sharing program an insurable interest in the motor vehicle during
49	49	the period it is being shared and allows the sharing program to own and maintain
50	50	coverage specified under the bill.
51	51	The bill allows insurers writing motor vehicle insurance to exclude coverage,
52	52	including liability for bodily injury and property damage and uninsured and
53	53	underinsured motorists coverage, and to refuse to defend or indemnify for any claim
54	54	under a shared vehicle owner's policy.
55	55	The bill exempts sharing programs and shared vehicle owners from liability in
56	56	accordance with a federal law that exempts a vehicle owner who rents or leases the
57	57	vehicle from liability for harm to persons or property that results from or arises out
58	58	of the use, operation, or possession of the vehicle during the rental or lease if the
59	59	owner is engaged in the business of renting or leasing motor vehicles and there is no
60	60	negligence or criminal wrongdoing on the part of the owner. The bill also exempts
61	61	sharing programs and shared vehicle owners from state laws regarding financial
62	62	responsibility for rented vehicles and damage waivers and liability in the context of
63	63	vehicle rental agreements.
64	64	The bill requires the sharing program to verify that the shared vehicle is not
65	65	the subject of a safety recall at the time the vehicle is registered with the program.
66	66	A shared vehicle owner that receives a safety recall notice must remove the vehicle
67	67	from the program and refrain from sharing it until the repairs are made and, if the
68	68	vehicle is in the possession of a shared vehicle driver, notify the sharing program of
69	69	the recall.
70	70	The bill requires the sharing program to disclose certain information to shared
71	71	vehicle owners and drivers, including information related to insurance coverage and
72	72	the daily rates and fees, and to retain information about the sharing transactions.
73	73	Additionally, at the time a vehicle owner registers with a sharing program, the
74	74	sharing program must inform the owner of the responsibilities relating to safety
75	75	recalls and that sharing the vehicle may violate an agreement with a lienholder.
76	76	Under the bill, the sharing program has responsibility for any equipment that
77	77	is put in or on the vehicle to monitor or facilitate the sharing transaction. The
78	78	sharing program must agree to indemnify and hold harmless the owner for any
79	79	damage or theft to that equipment not caused by the owner, but has the right to seek
80	80	indemnity from the driver for such loss or damage.
81	81	Finally, the bill also specifies that sharing programs and shared vehicle owners
82	82	are not establishments primarily engaged in the short-term rental of passenger cars - 3 -2023 - 2024 Legislature
83	83	LRB-3919/1
84	84	KRP&JK:skw
85	85	ASSEMBLY BILL 395
86	86	for purposes of the local rental car tax and the short-term rental of vehicles for the
87	87	purposes of the state rental vehicle fee, if the applicable sales and use taxes are paid
88	88	for the purchase of the shared motor vehicle.
89	89	For further information see the state and local fiscal estimate, which will be
90	90	printed as an appendix to this bill.
91	91	The people of the state of Wisconsin, represented in senate and assembly, do
92	92	enact as follows:
93	93	SECTION 1. 77.99 of the statutes is amended to read:
94	94	77.99 Imposition. A local exposition district under subch. II of ch. 229 may
95	95	impose a tax at the rate of 3 percent of the sales price on the rental, but not for
96	96	rerental and not for rental as a service or repair replacement vehicle, within the
97	97	district's jurisdiction under s. 229.43, of Type 1 automobiles, as defined in s. 340.01
98	98	(4) (a), by establishments primarily engaged in short-term rental of passenger cars
99	99	without drivers, for a period of 30 days or less, unless the sale is exempt from the sales
100	100	tax under s. 77.54 (1), (4), (7) (a), (7m), (9) or (9a). If the state makes a payment under
101	101	s. 229.50 (7) to a district's special debt service reserve fund, a majority of the district's
102	102	authorized board of directors may vote to increase the tax rate under this subchapter
103	103	to 4 percent. A resolution to adopt the taxes imposed under this section, or an
104	104	increase in the tax rate, shall be effective on the first January 1, April 1, July 1, or
105	105	October 1 following the adoption of the resolution or tax increase. For purposes of
106	106	this section, a peer-to-peer motor vehicle sharing program, as defined in s. 632.362
107	107	(1) (g), or a shared vehicle owner, as defined in s. 632.362 (1) (i), is not an
108	108	establishment primarily engaged in short-term rental of passenger cars without
109	109	drivers, if the applicable taxes under s. 77.52 or 77.53 have been paid for the purchase
110	110	of the shared motor vehicle.
111	111	SECTION 2. 77.995 (2) of the statutes is amended to read:
112	112	1
113	113	2
114	114	3
115	115	4
116	116	5
117	117	6
118	118	7
119	119	8
120	120	9
121	121	10
122	122	11
123	123	12
124	124	13
125	125	14
126	126	15
127	127	16
128	128	17
129	129	18
130	130	19 - 4 -2023 - 2024 Legislature LRB-3919/1
131	131	KRP&JK:skw
132	132	SECTION 2 ASSEMBLY BILL 395
133	133	77.995 (2) There is imposed a fee at the rate of 5 percent of the sales price on
134	134	the rental, but not for rerental and not for rental as a service or repair replacement
135	135	vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of recreational vehicles,
136	136	as defined in s. 340.01 (48r); of motor homes, as defined in s. 340.01 (33m); and of
137	137	camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged
138	138	in short-term rental of vehicles without drivers, for a period of 30 days or less, unless
139	139	the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). There
140	140	is also imposed a fee at the rate of 5 percent of the sales price on the rental of
141	141	limousines. For purposes of this subsection, a peer-to-peer motor vehicle sharing
142	142	program, as defined in s. 632.362 (1) (g), or a shared vehicle owner, as defined in s.
143	143	632.362 (1) (i), is not an establishment primarily engaged in short-term rental of
144	144	vehicles without drivers, if the applicable taxes under s. 77.52 or 77.53 have been
145	145	paid for the purchase of the shared motor vehicle.
146	146	SECTION 3. 344.51 (4) of the statutes is created to read:
147	147	344.51 (4) This section does not apply to a motor vehicle sharing agreement,
148	148	as defined in s. 632.362 (1) (b); a peer-to-peer motor vehicle sharing program, as
149	149	defined in s. 632.362 (1) (g); or a shared vehicle owner, as defined in s. 632.362 (1) (i).
150	150	SECTION 4. 344.57 (5) of the statutes is amended to read:
151	151	344.57 (5) “Rental agreement" means a written agreement setting forth the
152	152	terms and conditions governing the use of a private passenger vehicle provided for
153	153	rent by a rental company. “Rental agreement” does not include a motor vehicle
154	154	sharing agreement, as defined in s. 632.362 (1) (b).
155	155	SECTION 5. 344.57 (6) of the statutes is amended to read:
156	156	344.57 (6) “Rental company" means a person in the business of providing
157	157	private passenger vehicles for rent to the public. “Rental company” does not include
158	158	1
159	159	2
160	160	3
161	161	4
162	162	5
163	163	6
164	164	7
165	165	8
166	166	9
167	167	10
168	168	11
169	169	12
170	170	13
171	171	14
172	172	15
173	173	16
174	174	17
175	175	18
176	176	19
177	177	20
178	178	21
179	179	22
180	180	23
181	181	24
182	182	25 - 5 -2023 - 2024 Legislature
183	183	LRB-3919/1
184	184	KRP&JK:skw
185	185	SECTION 5
186	186	ASSEMBLY BILL 395
187	187	a person operating a peer-to-peer motor vehicle sharing program, as defined in s.
188	188	632.362 (1) (g), or a shared vehicle owner, as defined in s. 632.362 (1) (i).
189	189	SECTION 6. 344.57 (7) of the statutes is amended to read:
190	190	344.57 (7) “Renter" means the person who rents a private passenger vehicle
191	191	from a rental company under a rental agreement. “Renter” does not include a shared
192	192	vehicle driver, as defined in s. 632.362 (1) (h).
193	193	SECTION 7. 344.581 of the statutes is created to read:
194	194	344.581 Peer-to-peer motor vehicle sharing. (1) DEFINITIONS. In this
195	195	section:
196	196	(a) “Motor vehicle sharing agreement” has the meaning given in s. 632.362 (1)
197	197	(b).
198	198	(b) “Motor vehicle sharing duration” has the meaning given in s. 632.362 (1) (d).
199	199	(c) “Peer-to-peer motor vehicle sharing program” has the meaning given in s.
200	200	632.362 (1) (g).
201	201	(d) “Shared vehicle driver” has the meaning given in s. 632.362 (1) (h).
202	202	(e) Notwithstanding s. 344.01 (2) (cm), “shared vehicle owner” has the meaning
203	203	given in s. 632.362 (1) (i).
204	204	(2) OPERATOR'S LICENSE REQUIRED. A peer-to-peer motor vehicle sharing
205	205	program may not enter into a motor vehicle sharing agreement with an individual
206	206	who will operate a shared motor vehicle unless the individual satisfies any of the
207	207	following:
208	208	(a) The individual holds an operator's license under ch. 343 that authorizes the
209	209	individual to operate a motor vehicle of the class of the shared motor vehicle.
210	210	(b) The individual is a nonresident of this state who satisfies all of the following:
211	211	1
212	212	2
213	213	3
214	214	4
215	215	5
216	216	6
217	217	7
218	218	8
219	219	9
220	220	10
221	221	11
222	222	12
223	223	13
224	224	14
225	225	15
226	226	16
227	227	17
228	228	18
229	229	19
230	230	20
231	231	21
232	232	22
233	233	23
234	234	24 - 6 -2023 - 2024 Legislature LRB-3919/1
235	235	KRP&JK:skw
236	236	SECTION 7 ASSEMBLY BILL 395
237	237	1. The individual holds a license issued by the state or country of the
238	238	individual's residence that authorizes the individual to operate a motor vehicle of the
239	239	class of the shared motor vehicle in that state or country.
240	240	2. The individual has attained the age of 18.
241	241	(3) RESPONSIBILITY FOR CERTAIN EQUIPMENT. A peer-to-peer motor vehicle
242	242	sharing program has sole responsibility for any equipment, including a global
243	243	positioning system or other special equipment, that is put in or on a motor vehicle
244	244	to monitor or facilitate the motor vehicle sharing transaction. The peer-to-peer
245	245	motor vehicle sharing program shall agree to indemnify and hold harmless the
246	246	shared vehicle owner for any damage to or theft of equipment described under this
247	247	subsection during the motor vehicle sharing duration that is not caused by the
248	248	shared vehicle owner. The peer-to-peer motor vehicle sharing program has the right
249	249	to seek indemnity from the shared vehicle driver for any loss or damage to equipment
250	250	described under this subsection during the motor vehicle sharing duration.
251	251	(4) SAFETY RECALLS. (a) At the time a motor vehicle owner registers as a shared
252	252	vehicle owner through a peer-to-peer motor vehicle sharing program and before the
253	253	shared vehicle owner makes a motor vehicle available for sharing, the peer-to-peer
254	254	motor vehicle sharing program shall do all of the following:
255	255	1. Verify that the shared motor vehicle is not the subject of a safety recall for
256	256	which the repairs have not been made.
257	257	2. Notify the shared vehicle owner of the shared vehicle owner's responsibilities
258	258	under par. (b).
259	259	(b) A shared vehicle owner that receives notice of a safety recall on the shared
260	260	motor vehicle shall do all of the following, as applicable:
261	261	1
262	262	2
263	263	3
264	264	4
265	265	5
266	266	6
267	267	7
268	268	8
269	269	9
270	270	10
271	271	11
272	272	12
273	273	13
274	274	14
275	275	15
276	276	16
277	277	17
278	278	18
279	279	19
280	280	20
281	281	21
282	282	22
283	283	23
284	284	24 - 7 -2023 - 2024 Legislature
285	285	LRB-3919/1
286	286	KRP&JK:skw
287	287	SECTION 7
288	288	ASSEMBLY BILL 395
289	289	1. Refrain from making the motor vehicle available for sharing until the safety
290	290	recall repair has been made.
291	291	2. If the motor vehicle has been made available for sharing before receipt of the
292	292	notice of recall, remove the motor vehicle from the peer-to-peer motor vehicle
293	293	sharing program as soon as practicable after receipt of the notice and until the safety
294	294	recall repair has been made.
295	295	3. If the motor vehicle is in possession of the shared vehicle driver at the time
296	296	of receipt of the notice of recall, notify the peer-to-peer motor vehicle sharing
297	297	program of the recall as soon as practicable after receipt of the notice.
298	298	(5) RECORD RETENTION. For each individual who will operate a shared motor
299	299	vehicle under a motor vehicle sharing agreement, a peer-to-peer motor vehicle
300	300	sharing program shall keep a record of the individual's name and address, the
301	301	individual's operator's license number, and the state or foreign country that issued
302	302	the individual's operator's license.
303	303	SECTION 8. 632.362 of the statutes is created to read:
304	304	632.362 Peer-to-peer motor vehicle sharing. (1) DEFINITIONS. In this
305	305	section:
306	306	(a) “Motor vehicle” has the meaning given in s. 344.01 (2) (b).
307	307	(b) “Motor vehicle sharing agreement” means an agreement providing the
308	308	terms and conditions, applicable to a shared vehicle driver and shared vehicle owner,
309	309	that govern the use of a shared motor vehicle through a peer-to-peer motor vehicle
310	310	sharing program.
311	311	(c) “Motor vehicle sharing delivery period” means the period during which a
312	312	shared motor vehicle is being delivered to the location of the motor vehicle sharing
313	313	1
314	314	2
315	315	3
316	316	4
317	317	5
318	318	6
319	319	7
320	320	8
321	321	9
322	322	10
323	323	11
324	324	12
325	325	13
326	326	14
327	327	15
328	328	16
329	329	17
330	330	18
331	331	19
332	332	20
333	333	21
334	334	22
335	335	23
336	336	24 - 8 -2023 - 2024 Legislature LRB-3919/1
337	337	KRP&JK:skw
338	338	SECTION 8 ASSEMBLY BILL 395
339	339	initiation time, if applicable, as documented by the governing motor vehicle sharing
340	340	agreement.
341	341	(d) “Motor vehicle sharing duration” means the period that commences with
342	342	the motor vehicle sharing delivery period or, if there is no motor vehicle sharing
343	343	delivery period, that commences with the motor vehicle sharing initiation time and,
344	344	in either case, ends at the motor vehicle sharing termination time.
345	345	(e) “Motor vehicle sharing initiation time” means the time when the motor
346	346	vehicle to be shared becomes subject to the control of the shared vehicle driver at or
347	347	after the time the reservation of a shared motor vehicle is scheduled to begin as
348	348	documented in the records of a peer-to-peer motor vehicle sharing program.
349	349	(f) “Motor vehicle sharing termination time” means the earliest of the following:
350	350	1. The expiration of the time agreed upon for the use of the shared motor vehicle
351	351	according to the terms of the motor vehicle sharing agreement, if the shared motor
352	352	vehicle is delivered to the location that is specified in the motor vehicle sharing
353	353	agreement.
354	354	2. The time the shared motor vehicle is returned by the shared vehicle driver
355	355	to a location as alternatively agreed upon by the shared vehicle owner and shared
356	356	vehicle driver, as communicated through a peer-to-peer motor vehicle sharing
357	357	program, which alternatively agreed upon location shall be incorporated into the
358	358	motor vehicle sharing agreement.
359	359	3. The time the shared vehicle owner regains possession and control of the
360	360	shared motor vehicle.
361	361	(g) “Peer-to-peer motor vehicle sharing program” means a business platform
362	362	that connects motor vehicle owners with individuals to enable the authorized use of
363	363	a motor vehicle by an individual other than the owner for financial consideration.
364	364	1
365	365	2
366	366	3
367	367	4
368	368	5
369	369	6
370	370	7
371	371	8
372	372	9
373	373	10
374	374	11
375	375	12
376	376	13
377	377	14
378	378	15
379	379	16
380	380	17
381	381	18
382	382	19
383	383	20
384	384	21
385	385	22
386	386	23
387	387	24
388	388	25 - 9 -2023 - 2024 Legislature
389	389	LRB-3919/1
390	390	KRP&JK:skw
391	391	SECTION 8
392	392	ASSEMBLY BILL 395
393	393	(h) “Shared vehicle driver” means an individual who is authorized to drive a
394	394	shared motor vehicle under a motor vehicle sharing agreement through a
395	395	peer-to-peer motor vehicle sharing program and who is not the shared vehicle
396	396	owner.
397	397	(i) “Shared vehicle owner” means the registered owner, or a person or entity
398	398	designated by the registered owner, of a motor vehicle that is available for sharing
399	399	through a peer-to-peer motor vehicle sharing program.
400	400	(2) INSURANCE COVERAGE DURING SHARING. (a) A peer-to-peer motor vehicle
401	401	sharing program shall, except as provided in par. (b), assume liability of a shared
402	402	vehicle owner for bodily injury or property damage to 3rd parties, or for uninsured
403	403	and underinsured motorist or personal injury protection losses, in amounts stated
404	404	in the motor vehicle sharing agreement that are no less than the amounts specified
405	405	in s. 344.33 (2) during the motor vehicle sharing duration.
406	406	(b) Notwithstanding the definition of motor vehicle sharing termination time,
407	407	the assumption of liability under par. (a) does not apply to a shared vehicle owner
408	408	when any of the following occurs:
409	409	1. The shared vehicle owner makes an intentional or fraudulent material
410	410	misrepresentation or omission to the peer-to-peer motor vehicle sharing program
411	411	before the motor vehicle sharing duration in which the loss occurred.
412	412	2. The shared vehicle owner acts in concert with a shared vehicle driver who
413	413	fails to return the shared motor vehicle pursuant to the terms of a motor vehicle
414	414	sharing agreement.
415	415	(c) Notwithstanding the definition of motor vehicle sharing termination time,
416	416	the assumption of liability under par. (a) applies to bodily injury, property damage,
417	417	1
418	418	2
419	419	3
420	420	4
421	421	5
422	422	6
423	423	7
424	424	8
425	425	9
426	426	10
427	427	11
428	428	12
429	429	13
430	430	14
431	431	15
432	432	16
433	433	17
434	434	18
435	435	19
436	436	20
437	437	21
438	438	22
439	439	23
440	440	24 - 10 -2023 - 2024 Legislature LRB-3919/1
441	441	KRP&JK:skw
442	442	SECTION 8 ASSEMBLY BILL 395
443	443	and uninsured and underinsured motorist or personal injury protection losses by
444	444	damaged 3rd parties as required by s. 344.33 (2).
445	445	(d) A peer-to-peer motor vehicle sharing program shall ensure that, during
446	446	each motor vehicle sharing duration, the shared vehicle owner and the shared
447	447	vehicle driver are insured under a motor vehicle liability insurance policy that
448	448	provides insurance coverage in amounts no less than the minimum amounts set forth
449	449	in s. 344.33 (2) and that satisfies any of the following:
450	450	1. The policy recognizes that the shared motor vehicle insured under the policy
451	451	is made available and used through a peer-to-peer motor vehicle sharing program.
452	452	2. The policy does not exclude use of a shared motor vehicle by a shared vehicle
453	453	driver.
454	454	(e) The insurance requirement described under par. (d) may be satisfied by
455	455	motor vehicle liability insurance maintained by any of the following:
456	456	1. A shared vehicle owner.
457	457	2. A shared vehicle driver.
458	458	3. A peer-to-peer motor vehicle sharing program.
459	459	4. Any combination of the persons described in subds. 1. to 3.
460	460	(f) The coverage maintained under par. (e) that is satisfying the insurance
461	461	requirement under par. (d) shall be primary during each motor vehicle sharing
462	462	duration and, in the event that a claim occurs in another state with minimum
463	463	financial responsibility limits higher than the amounts specified in s. 344.33 (2)
464	464	during the motor vehicle sharing duration, the coverage maintained under par. (e)
465	465	shall satisfy the difference in minimum coverage amounts, up to the applicable policy
466	466	limits.
467	467	1
468	468	2
469	469	3
470	470	4
471	471	5
472	472	6
473	473	7
474	474	8
475	475	9
476	476	10
477	477	11
478	478	12
479	479	13
480	480	14
481	481	15
482	482	16
483	483	17
484	484	18
485	485	19
486	486	20
487	487	21
488	488	22
489	489	23
490	490	24 - 11 -2023 - 2024 Legislature
491	491	LRB-3919/1
492	492	KRP&JK:skw
493	493	SECTION 8
494	494	ASSEMBLY BILL 395
495	495	(g) The insurer, insurers, or peer-to-peer motor vehicle sharing program
496	496	providing coverage under pars. (d) and (e) shall assume primary coverage if any of
497	497	the following applies:
498	498	1. A dispute exists as to who was in control of the shared motor vehicle at the
499	499	time of the loss, and the peer-to-peer motor vehicle sharing program does not have
500	500	available, does not retain, or fails to provide the information specified under sub. (9).
501	501	2. A dispute exists as to whether the shared motor vehicle was returned to an
502	502	alternatively agreed upon location specified in the motor vehicle sharing agreement.
503	503	(h) If insurance maintained by a shared vehicle owner or shared vehicle driver
504	504	in accordance with par. (e) has lapsed or does not provide the coverage required, then
505	505	insurance maintained by the peer-to-peer motor vehicle sharing program shall
506	506	provide the coverage required under par. (d) beginning with the first dollar of the
507	507	claim and shall have the duty to defend the claim except under circumstances
508	508	described in par. (b).
509	509	(i) Coverage under a motor vehicle insurance policy maintained by the
510	510	peer-to-peer motor vehicle sharing program may not be dependent on another motor
511	511	vehicle insurer first denying a claim nor shall another motor vehicle insurance policy
512	512	be required to first deny a claim.
513	513	(j) Nothing in this section does any of the following:
514	514	1. Limits the liability of a peer-to-peer motor vehicle sharing program for any
515	515	act or omission of the peer-to-peer motor vehicle sharing program itself that results
516	516	in injury to any person as a result of the use of a shared motor vehicle through the
517	517	peer-to-peer motor vehicle sharing program.
518	518	2. Limits the ability of a peer-to-peer motor vehicle sharing program to seek
519	519	indemnification, under the terms of a motor vehicle sharing agreement, from the
520	520	1
521	521	2
522	522	3
523	523	4
524	524	5
525	525	6
526	526	7
527	527	8
528	528	9
529	529	10
530	530	11
531	531	12
532	532	13
533	533	14
534	534	15
535	535	16
536	536	17
537	537	18
538	538	19
539	539	20
540	540	21
541	541	22
542	542	23
543	543	24
544	544	25 - 12 -2023 - 2024 Legislature LRB-3919/1
545	545	KRP&JK:skw
546	546	SECTION 8 ASSEMBLY BILL 395
547	547	shared vehicle owner or shared vehicle driver for economic loss sustained by the
548	548	peer-to-peer motor vehicle sharing program resulting from a breach of the terms of
549	549	the motor vehicle sharing agreement.
550	550	(3) INSURABLE INTEREST. A peer-to-peer motor vehicle sharing program shall
551	551	have an insurable interest in a shared motor vehicle during the motor vehicle
552	552	sharing duration. Nothing in this subsection creates liability on the peer-to-peer
553	553	motor vehicle sharing program to maintain the coverage required under sub. (2) (d).
554	554	The peer-to-peer motor vehicle sharing program may own and maintain as the
555	555	named insured one or more policies of motor vehicle liability insurance that provides
556	556	coverage for any of the following:
557	557	(a) Liabilities to be assumed by the peer-to-peer motor vehicle sharing
558	558	program under a motor vehicle sharing agreement.
559	559	(b) Any liability of the shared vehicle owner.
560	560	(c) Damage or loss to the shared motor vehicle.
561	561	(d) Any liability of the shared vehicle driver.
562	562	(4) EXCLUSIONS IN MOTOR VEHICLE LIABILITY POLICIES. (a) An insurer that writes
563	563	motor vehicle liability insurance in this state may exclude any coverage and may
564	564	refuse to defend or indemnify any claim under a shared vehicle owner's liability
565	565	policy, including any of the following coverages:
566	566	1. Liability coverage for bodily injury and property damage.
567	567	2. Personal injury protection.
568	568	3. Uninsured and underinsured motorists coverage.
569	569	4. Medical payments.
570	570	5. Comprehensive physical damage.
571	571	6. Collision physical damage.
572	572	1
573	573	2
574	574	3
575	575	4
576	576	5
577	577	6
578	578	7
579	579	8
580	580	9
581	581	10
582	582	11
583	583	12
584	584	13
585	585	14
586	586	15
587	587	16
588	588	17
589	589	18
590	590	19
591	591	20
592	592	21
593	593	22
594	594	23
595	595	24
596	596	25 - 13 -2023 - 2024 Legislature
597	597	LRB-3919/1
598	598	KRP&JK:skw
599	599	SECTION 8
600	600	ASSEMBLY BILL 395
601	601	(b) Nothing in this section invalidates or limits any exclusion contained in a
602	602	motor vehicle liability insurance policy, including any policy in use or approved for
603	603	use that excludes coverage for motor vehicles that are made available for rent,
604	604	sharing, or hire or for any business use.
605	605	(c) Nothing in this section invalidates, limits, or restricts an insurer's ability,
606	606	as otherwise allowed under law, to underwrite an insurance policy or to cancel or not
607	607	renew an insurance policy.
608	608	(5) REQUIRED DISCLOSURES. Each peer-to-peer motor vehicle sharing program
609	609	shall include in any agreement made in this state with a shared vehicle owner or
610	610	shared vehicle driver all of the following disclosures:
611	611	(a) Any right of the peer-to-peer motor vehicle sharing program to seek
612	612	indemnification from the shared vehicle owner or shared vehicle driver for economic
613	613	loss sustained by the peer-to-peer motor vehicle sharing program resulting from a
614	614	breach of the terms and conditions of the motor vehicle sharing agreement.
615	615	(b) That a motor vehicle liability insurance policy issued to a shared vehicle
616	616	owner for the shared motor vehicle or to the shared vehicle driver does not provide
617	617	a defense or indemnification for any claim asserted against him or her by the
618	618	peer-to-peer motor vehicle sharing program.
619	619	(c) That the peer-to-peer motor vehicle sharing program's insurance coverage
620	620	on the shared vehicle owner and the shared vehicle driver is in effect only during the
621	621	motor vehicle sharing duration and that, for any use of the shared motor vehicle by
622	622	the shared vehicle driver other than during the motor vehicle sharing duration, the
623	623	shared vehicle driver and the shared vehicle owner might not have insurance
624	624	coverage.
625	625	1
626	626	2
627	627	3
628	628	4
629	629	5
630	630	6
631	631	7
632	632	8
633	633	9
634	634	10
635	635	11
636	636	12
637	637	13
638	638	14
639	639	15
640	640	16
641	641	17
642	642	18
643	643	19
644	644	20
645	645	21
646	646	22
647	647	23
648	648	24 - 14 -2023 - 2024 Legislature LRB-3919/1
649	649	KRP&JK:skw
650	650	SECTION 8 ASSEMBLY BILL 395
651	651	(d) The daily rate, fees, and, if applicable, any insurance or protection package
652	652	costs that are charged to the shared vehicle owner or the shared vehicle driver.
653	653	(e) That the motor vehicle liability insurance policy of the shared vehicle owner
654	654	might not provide coverage for a shared motor vehicle.
655	655	(f) An emergency telephone number of personnel who are capable of fielding
656	656	roadside assistance and other customer service inquiries.
657	657	(g) Any conditions under which a shared vehicle driver, in order to make a
658	658	reservation for a shared motor vehicle, must maintain a personal motor vehicle
659	659	insurance policy that is primary coverage with certain applicable coverage limits.
660	660	(6) NOTIFICATION OF IMPLICATIONS OF LIEN. At the time a motor vehicle owner
661	661	registers as a shared vehicle owner through a peer-to-peer motor vehicle sharing
662	662	program and before the shared vehicle owner makes a motor vehicle available for
663	663	sharing, the peer-to-peer motor vehicle sharing program shall notify the shared
664	664	vehicle owner that, if the shared motor vehicle has a lien against it, the use of the
665	665	shared motor vehicle through the peer-to-peer motor vehicle sharing program,
666	666	including any use without coverage for physical damage, may violate the terms of
667	667	any agreement with the lienholder.
668	668	(7) LIABILITY EXEMPTION. Any peer-to-peer motor vehicle sharing program and
669	669	any shared vehicle owner are exempt from liability consistent with 49 USC 30106
670	670	and under any state or local law that imposes liability solely based on vehicle
671	671	ownership.
672	672	(8) CONTRIBUTION AGAINST INDEMNIFICATION. A motor vehicle insurer that
673	673	defends or indemnifies a claim against a shared motor vehicle that is excluded under
674	674	the terms of the policy shall have the right to seek recovery against the motor vehicle
675	675	insurer of the peer-to-peer motor vehicle sharing program if the claim is made
676	676	1
677	677	2
678	678	3
679	679	4
680	680	5
681	681	6
682	682	7
683	683	8
684	684	9
685	685	10
686	686	11
687	687	12
688	688	13
689	689	14
690	690	15
691	691	16
692	692	17
693	693	18
694	694	19
695	695	20
696	696	21
697	697	22
698	698	23
699	699	24
700	700	25 - 15 -2023 - 2024 Legislature
701	701	LRB-3919/1
702	702	KRP&JK:skw
703	703	SECTION 8
704	704	ASSEMBLY BILL 395
705	705	against the shared vehicle owner or the shared vehicle driver for loss or injury that
706	706	occurs during the motor vehicle sharing duration and is excluded under the terms
707	707	of the policy.
708	708	(9) RECORD RETENTION. A peer-to-peer motor vehicle sharing program shall
709	709	collect and verify records pertaining to the use of a shared motor vehicle, including
710	710	times used, motor vehicle pick up and drop off locations, fees paid by a shared vehicle
711	711	driver, and revenues received by the shared vehicle owner. To facilitate a claims
712	712	coverage investigation, settlement, negotiation, or litigation, the peer-to-peer motor
713	713	vehicle sharing program shall provide, upon request, the records collected under this
714	714	subsection to the shared vehicle owner, the insurer of the shared vehicle owner, or
715	715	the insurer of the shared vehicle driver. The peer-to-peer motor vehicle sharing
716	716	program shall retain the records collected under this subsection for a period not less
717	717	than the applicable time limit for bringing an action specified under ch. 893.
718	718	SECTION 9.0Effective date.
719	719	(1) This act takes effect on the first day of the 10th month beginning after
720	720	publication.
721	721	(END)
722	722	1
723	723	2
724	724	3
725	725	4
726	726	5
727	727	6
728	728	7
729	729	8
730	730	9
731	731	10
732	732	11
733	733	12
734	734	13
735	735	14
736	736	15
737	737	16
738	738	17