Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: February 22, 2024 Contact: Margit Kelley, Principal Attorney
2023 Senate Bill 386 Senate Amendment 1
2023 SENATE BILL 386 AND SENATE AMENDMENT 1
2023 Senate Bill 386 regulates peer-to-peer motor vehicle sharing programs. In such a program, the
owner of a vehicle uses a program’s business platform to rent the vehicle to a driver for a specified
duration.
Among other aspects of the peer-to-peer motor vehicle sharing program business, the bill addresses the
following: (1) the qualifications of a driver; (2) the types and amounts of liability that a program must
assume; and (3) the types and amounts of liability insurance that must be carried by the owner and
driver.
Driver Qualifications
Bill
Under the bill, a program may not enter into an agreement with a driver unless the individual holds a
driver’s license authorizing operation of the correct class of vehicle. In the case of a nonresident of
Wisconsin, the individual must be at least 18 years old.
Amendment
The amendment requires that drivers who are Wisconsin residents (in addition to nonresidents) must
be at least 18 years old.
Assumption of Liability by the Program
Bill
With some exceptions, the bill requires that a program assume liability of an owner for bodily injury
and property damage to third parties, uninsured motorist, underinsured motorist, or personal injury
protection losses in amounts no less than required by Wisconsin’s mandatory motor vehicle liability
insurance statute.
Amendment
With regard to program assumption of liability, the amendment:
Removes “underinsured motorist” coverage from the list of liability assumed.
Clarifies that the program must assume liability for all listed types of liability (by replacing
disjunctive “or” with conjunctive “and”).
Specifies the amount of minimum liability assumption for uninsured motorist (because the
mandatory motor vehicle liability insurance statute, cross-referenced by the bill, specifies minimum - 2 -
coverage amounts for bodily injury or death and property damage to third parties, but not for
uninsured motorist.)
Clarifies that an insurer that writes a policy with respect to a program must comply with the current
law requirement that the insurer inform the insured of the availability of underinsured motorist
coverage.
Insurance Requirements for the Owner and Driver
Bill
Under the bill, a program must ensure that each owner and driver are insured under a motor vehicle
liability insurance policy that provides minimum coverage in the amounts specified in Wisconsin’s
mandatory motor vehicle liability insurance statute (which, as mentioned above, specifies minimum
coverage amounts for bodily injury or death and property damage to third parties).
Amendment
The amendment clarifies that a program must ensure that each owner and driver also has the statutory
minimum uninsured motorist coverage and medical payments coverage. It also requires that a program
ensure that each owner and driver is aware of the availability of underinsured motorist coverage.
BILL HISTORY
Senator Stafsholt offered Senate Amendment 1 on January 24, 2024. On February 21, 2024, the Senate
Committee on Insurance and Small Business recommended adoption of the amendment on a vote of
Ayes, 4; Noes, 1. The committee then recommended passage of the bill, as amended, on a vote of Ayes,
3; Noes, 2.
For a full history of the bill, visit the Legislature’s bill history page.
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