Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB386 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 386
5	5	August 9, 2023 - Introduced by Senators STAFSHOLT, BALLWEG, CABRAL-GUEVARA
6	6	and COWLES, cosponsored by Representatives DUCHOW, NEYLON, GOEBEN,
7	7	GUNDRUM, KITCHENS, MURSAU, O'CONNOR, RETTINGER, SCHMIDT and
8	8	ZIMMERMAN. Referred to Committee on Insurance and Small Business.
9	9	AN ACT to amend 77.99, 77.995 (2), 344.57 (5), 344.57 (6) and 344.57 (7); and to
10	10	create 344.51 (4), 344.581 and 632.362 of the statutes; relating to:
11	11	requirements for and insurance related to peer-to-peer motor vehicle sharing
12	12	programs.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill generally requires that peer-to-peer motor vehicle sharing programs
15	15	assume liability, as specified under the bill, for the owners of shared vehicles and sets
16	16	certain other requirements on those programs.
17	17	Under the bill, a peer-to-peer motor vehicle sharing program is a business
18	18	platform that connects a motor vehicle owner with an individual to enable the
19	19	individual's use of the motor vehicle for financial consideration. The individual must
20	20	have a driver's license to be able to participate in the sharing program.
21	21	The bill requires the sharing program to assume liability for the shared vehicle
22	22	owner for bodily injury or property damage to third parties, or for uninsured and
23	23	underinsured motorist or personal injury protection losses, in amounts stated in the
24	24	sharing agreement, which cannot be less than the minimum coverage required
25	25	under Wisconsin law. However, the sharing program is not required to assume
26	26	liability if the vehicle owner makes an intentional or fraudulent material
27	27	misrepresentation or omission or is acting in concert with a driver who fails to return
28	28	the motor vehicle in accordance with the sharing agreement.
29	29	The bill also requires the sharing program to ensure that each shared vehicle
30	30	owner and driver are insured under a policy that provides coverage in amounts no
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37	37	less than the minimum required under Wisconsin law. That required coverage may
38	38	be provided under primary insurance maintained by the shared vehicle owner, the
39	39	shared vehicle driver, the sharing program, or any combination of those. The bill
40	40	requires that the insurer, insurers, or sharing program providing coverage must
41	41	provide primary coverage if there is a dispute about who controlled the vehicle at the
42	42	time of the loss and the program does not retain information required under the bill
43	43	or if there is a dispute about whether the vehicle was dropped off at a location
44	44	specified in the sharing agreement. Under the bill, the sharing program's insurance
45	45	must cover the loss beginning with the first dollar and has the duty to defend if the
46	46	driver's or owner's insurance has lapsed or does not provide the required coverage.
47	47	The bill gives the sharing program an insurable interest in the motor vehicle during
48	48	the period it is being shared and allows the sharing program to own and maintain
49	49	coverage specified under the bill.
50	50	The bill allows insurers writing motor vehicle insurance to exclude coverage,
51	51	including liability for bodily injury and property damage and uninsured and
52	52	underinsured motorists coverage, and to refuse to defend or indemnify for any claim
53	53	under a shared vehicle owner's policy.
54	54	The bill exempts sharing programs and shared vehicle owners from liability in
55	55	accordance with a federal law that exempts a vehicle owner who rents or leases the
56	56	vehicle from liability for harm to persons or property that results from or arises out
57	57	of the use, operation, or possession of the vehicle during the rental or lease if the
58	58	owner is engaged in the business of renting or leasing motor vehicles and there is no
59	59	negligence or criminal wrongdoing on the part of the owner. The bill also exempts
60	60	sharing programs and shared vehicle owners from state laws regarding financial
61	61	responsibility for rented vehicles and damage waivers and liability in the context of
62	62	vehicle rental agreements.
63	63	The bill requires the sharing program to verify that the shared vehicle is not
64	64	the subject of a safety recall at the time the vehicle is registered with the program.
65	65	A shared vehicle owner that receives a safety recall notice must remove the vehicle
66	66	from the program and refrain from sharing it until the repairs are made and, if the
67	67	vehicle is in the possession of a shared vehicle driver, notify the sharing program of
68	68	the recall.
69	69	The bill requires the sharing program to disclose certain information to shared
70	70	vehicle owners and drivers, including information related to insurance coverage and
71	71	the daily rates and fees, and to retain information about the sharing transactions.
72	72	Additionally, at the time a vehicle owner registers with a sharing program, the
73	73	sharing program must inform the owner of the responsibilities relating to safety
74	74	recalls and that sharing the vehicle may violate an agreement with a lienholder.
75	75	Under the bill, the sharing program has responsibility for any equipment that
76	76	is put in or on the vehicle to monitor or facilitate the sharing transaction. The
77	77	sharing program must agree to indemnify and hold harmless the owner for any
78	78	damage or theft to that equipment not caused by the owner, but has the right to seek
79	79	indemnity from the driver for such loss or damage.
80	80	Finally, the bill also specifies that sharing programs and shared vehicle owners
81	81	are not establishments primarily engaged in the short-term rental of passenger cars - 3 -2023 - 2024 Legislature
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85	85	for purposes of the local rental car tax and the short-term rental of vehicles for the
86	86	purposes of the state rental vehicle fee, if the applicable sales and use taxes are paid
87	87	for the purchase of the shared motor vehicle.
88	88	For further information see the state and local fiscal estimate, which will be
89	89	printed as an appendix to this bill.
90	90	The people of the state of Wisconsin, represented in senate and assembly, do
91	91	enact as follows:
92	92	SECTION 1. 77.99 of the statutes is amended to read:
93	93	77.99 Imposition. A local exposition district under subch. II of ch. 229 may
94	94	impose a tax at the rate of 3 percent of the sales price on the rental, but not for
95	95	rerental and not for rental as a service or repair replacement vehicle, within the
96	96	district's jurisdiction under s. 229.43, of Type 1 automobiles, as defined in s. 340.01
97	97	(4) (a), by establishments primarily engaged in short-term rental of passenger cars
98	98	without drivers, for a period of 30 days or less, unless the sale is exempt from the sales
99	99	tax under s. 77.54 (1), (4), (7) (a), (7m), (9) or (9a). If the state makes a payment under
100	100	s. 229.50 (7) to a district's special debt service reserve fund, a majority of the district's
101	101	authorized board of directors may vote to increase the tax rate under this subchapter
102	102	to 4 percent. A resolution to adopt the taxes imposed under this section, or an
103	103	increase in the tax rate, shall be effective on the first January 1, April 1, July 1, or
104	104	October 1 following the adoption of the resolution or tax increase. For purposes of
105	105	this section, a peer-to-peer motor vehicle sharing program, as defined in s. 632.362
106	106	(1) (g), or a shared vehicle owner, as defined in s. 632.362 (1) (i), is not an
107	107	establishment primarily engaged in short-term rental of passenger cars without
108	108	drivers, if the applicable taxes under s. 77.52 or 77.53 have been paid for the purchase
109	109	of the shared motor vehicle.
110	110	SECTION 2. 77.995 (2) of the statutes is amended to read:
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132	132	77.995 (2) There is imposed a fee at the rate of 5 percent of the sales price on
133	133	the rental, but not for rerental and not for rental as a service or repair replacement
134	134	vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of recreational vehicles,
135	135	as defined in s. 340.01 (48r); of motor homes, as defined in s. 340.01 (33m); and of
136	136	camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged
137	137	in short-term rental of vehicles without drivers, for a period of 30 days or less, unless
138	138	the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). There
139	139	is also imposed a fee at the rate of 5 percent of the sales price on the rental of
140	140	limousines. For purposes of this subsection, a peer-to-peer motor vehicle sharing
141	141	program, as defined in s. 632.362 (1) (g), or a shared vehicle owner, as defined in s.
142	142	632.362 (1) (i), is not an establishment primarily engaged in short-term rental of
143	143	vehicles without drivers, if the applicable taxes under s. 77.52 or 77.53 have been
144	144	paid for the purchase of the shared motor vehicle.
145	145	SECTION 3. 344.51 (4) of the statutes is created to read:
146	146	344.51 (4) This section does not apply to a motor vehicle sharing agreement,
147	147	as defined in s. 632.362 (1) (b); a peer-to-peer motor vehicle sharing program, as
148	148	defined in s. 632.362 (1) (g); or a shared vehicle owner, as defined in s. 632.362 (1) (i).
149	149	SECTION 4. 344.57 (5) of the statutes is amended to read:
150	150	344.57 (5) “Rental agreement" means a written agreement setting forth the
151	151	terms and conditions governing the use of a private passenger vehicle provided for
152	152	rent by a rental company. “Rental agreement” does not include a motor vehicle
153	153	sharing agreement, as defined in s. 632.362 (1) (b).
154	154	SECTION 5. 344.57 (6) of the statutes is amended to read:
155	155	344.57 (6) “Rental company" means a person in the business of providing
156	156	private passenger vehicles for rent to the public. “Rental company” does not include
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186	186	a person operating a peer-to-peer motor vehicle sharing program, as defined in s.
187	187	632.362 (1) (g), or a shared vehicle owner, as defined in s. 632.362 (1) (i).
188	188	SECTION 6. 344.57 (7) of the statutes is amended to read:
189	189	344.57 (7) “Renter" means the person who rents a private passenger vehicle
190	190	from a rental company under a rental agreement. “Renter” does not include a shared
191	191	vehicle driver, as defined in s. 632.362 (1) (h).
192	192	SECTION 7. 344.581 of the statutes is created to read:
193	193	344.581 Peer-to-peer motor vehicle sharing. (1) DEFINITIONS. In this
194	194	section:
195	195	(a) “Motor vehicle sharing agreement” has the meaning given in s. 632.362 (1)
196	196	(b).
197	197	(b) “Motor vehicle sharing duration” has the meaning given in s. 632.362 (1) (d).
198	198	(c) “Peer-to-peer motor vehicle sharing program” has the meaning given in s.
199	199	632.362 (1) (g).
200	200	(d) “Shared vehicle driver” has the meaning given in s. 632.362 (1) (h).
201	201	(e) Notwithstanding s. 344.01 (2) (cm), “shared vehicle owner” has the meaning
202	202	given in s. 632.362 (1) (i).
203	203	(2) OPERATOR'S LICENSE REQUIRED. A peer-to-peer motor vehicle sharing
204	204	program may not enter into a motor vehicle sharing agreement with an individual
205	205	who will operate a shared motor vehicle unless the individual satisfies any of the
206	206	following:
207	207	(a) The individual holds an operator's license under ch. 343 that authorizes the
208	208	individual to operate a motor vehicle of the class of the shared motor vehicle.
209	209	(b) The individual is a nonresident of this state who satisfies all of the following:
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236	236	1. The individual holds a license issued by the state or country of the
237	237	individual's residence that authorizes the individual to operate a motor vehicle of the
238	238	class of the shared motor vehicle in that state or country.
239	239	2. The individual has attained the age of 18.
240	240	(3) RESPONSIBILITY FOR CERTAIN EQUIPMENT. A peer-to-peer motor vehicle
241	241	sharing program has sole responsibility for any equipment, including a global
242	242	positioning system or other special equipment, that is put in or on a motor vehicle
243	243	to monitor or facilitate the motor vehicle sharing transaction. The peer-to-peer
244	244	motor vehicle sharing program shall agree to indemnify and hold harmless the
245	245	shared vehicle owner for any damage to or theft of equipment described under this
246	246	subsection during the motor vehicle sharing duration that is not caused by the
247	247	shared vehicle owner. The peer-to-peer motor vehicle sharing program has the right
248	248	to seek indemnity from the shared vehicle driver for any loss or damage to equipment
249	249	described under this subsection during the motor vehicle sharing duration.
250	250	(4) SAFETY RECALLS. (a) At the time a motor vehicle owner registers as a shared
251	251	vehicle owner through a peer-to-peer motor vehicle sharing program and before the
252	252	shared vehicle owner makes a motor vehicle available for sharing, the peer-to-peer
253	253	motor vehicle sharing program shall do all of the following:
254	254	1. Verify that the shared motor vehicle is not the subject of a safety recall for
255	255	which the repairs have not been made.
256	256	2. Notify the shared vehicle owner of the shared vehicle owner's responsibilities
257	257	under par. (b).
258	258	(b) A shared vehicle owner that receives notice of a safety recall on the shared
259	259	motor vehicle shall do all of the following, as applicable:
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288	288	1. Refrain from making the motor vehicle available for sharing until the safety
289	289	recall repair has been made.
290	290	2. If the motor vehicle has been made available for sharing before receipt of the
291	291	notice of recall, remove the motor vehicle from the peer-to-peer motor vehicle
292	292	sharing program as soon as practicable after receipt of the notice and until the safety
293	293	recall repair has been made.
294	294	3. If the motor vehicle is in possession of the shared vehicle driver at the time
295	295	of receipt of the notice of recall, notify the peer-to-peer motor vehicle sharing
296	296	program of the recall as soon as practicable after receipt of the notice.
297	297	(5) RECORD RETENTION. For each individual who will operate a shared motor
298	298	vehicle under a motor vehicle sharing agreement, a peer-to-peer motor vehicle
299	299	sharing program shall keep a record of the individual's name and address, the
300	300	individual's operator's license number, and the state or foreign country that issued
301	301	the individual's operator's license.
302	302	SECTION 8. 632.362 of the statutes is created to read:
303	303	632.362 Peer-to-peer motor vehicle sharing. (1) DEFINITIONS. In this
304	304	section:
305	305	(a) “Motor vehicle” has the meaning given in s. 344.01 (2) (b).
306	306	(b) “Motor vehicle sharing agreement” means an agreement providing the
307	307	terms and conditions, applicable to a shared vehicle driver and shared vehicle owner,
308	308	that govern the use of a shared motor vehicle through a peer-to-peer motor vehicle
309	309	sharing program.
310	310	(c) “Motor vehicle sharing delivery period” means the period during which a
311	311	shared motor vehicle is being delivered to the location of the motor vehicle sharing
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338	338	initiation time, if applicable, as documented by the governing motor vehicle sharing
339	339	agreement.
340	340	(d) “Motor vehicle sharing duration” means the period that commences with
341	341	the motor vehicle sharing delivery period or, if there is no motor vehicle sharing
342	342	delivery period, that commences with the motor vehicle sharing initiation time and,
343	343	in either case, ends at the motor vehicle sharing termination time.
344	344	(e) “Motor vehicle sharing initiation time” means the time when the motor
345	345	vehicle to be shared becomes subject to the control of the shared vehicle driver at or
346	346	after the time the reservation of a shared motor vehicle is scheduled to begin as
347	347	documented in the records of a peer-to-peer motor vehicle sharing program.
348	348	(f) “Motor vehicle sharing termination time” means the earliest of the following:
349	349	1. The expiration of the time agreed upon for the use of the shared motor vehicle
350	350	according to the terms of the motor vehicle sharing agreement, if the shared motor
351	351	vehicle is delivered to the location that is specified in the motor vehicle sharing
352	352	agreement.
353	353	2. The time the shared motor vehicle is returned by the shared vehicle driver
354	354	to a location as alternatively agreed upon by the shared vehicle owner and shared
355	355	vehicle driver, as communicated through a peer-to-peer motor vehicle sharing
356	356	program, which alternatively agreed upon location shall be incorporated into the
357	357	motor vehicle sharing agreement.
358	358	3. The time the shared vehicle owner regains possession and control of the
359	359	shared motor vehicle.
360	360	(g) “Peer-to-peer motor vehicle sharing program” means a business platform
361	361	that connects motor vehicle owners with individuals to enable the authorized use of
362	362	a motor vehicle by an individual other than the owner for financial consideration.
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392	392	(h) “Shared vehicle driver” means an individual who is authorized to drive a
393	393	shared motor vehicle under a motor vehicle sharing agreement through a
394	394	peer-to-peer motor vehicle sharing program and who is not the shared vehicle
395	395	owner.
396	396	(i) “Shared vehicle owner” means the registered owner, or a person or entity
397	397	designated by the registered owner, of a motor vehicle that is available for sharing
398	398	through a peer-to-peer motor vehicle sharing program.
399	399	(2) INSURANCE COVERAGE DURING SHARING. (a) A peer-to-peer motor vehicle
400	400	sharing program shall, except as provided in par. (b), assume liability of a shared
401	401	vehicle owner for bodily injury or property damage to 3rd parties, or for uninsured
402	402	and underinsured motorist or personal injury protection losses, in amounts stated
403	403	in the motor vehicle sharing agreement that are no less than the amounts specified
404	404	in s. 344.33 (2) during the motor vehicle sharing duration.
405	405	(b) Notwithstanding the definition of motor vehicle sharing termination time,
406	406	the assumption of liability under par. (a) does not apply to a shared vehicle owner
407	407	when any of the following occurs:
408	408	1. The shared vehicle owner makes an intentional or fraudulent material
409	409	misrepresentation or omission to the peer-to-peer motor vehicle sharing program
410	410	before the motor vehicle sharing duration in which the loss occurred.
411	411	2. The shared vehicle owner acts in concert with a shared vehicle driver who
412	412	fails to return the shared motor vehicle pursuant to the terms of a motor vehicle
413	413	sharing agreement.
414	414	(c) Notwithstanding the definition of motor vehicle sharing termination time,
415	415	the assumption of liability under par. (a) applies to bodily injury, property damage,
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442	442	and uninsured and underinsured motorist or personal injury protection losses by
443	443	damaged 3rd parties as required by s. 344.33 (2).
444	444	(d) A peer-to-peer motor vehicle sharing program shall ensure that, during
445	445	each motor vehicle sharing duration, the shared vehicle owner and the shared
446	446	vehicle driver are insured under a motor vehicle liability insurance policy that
447	447	provides insurance coverage in amounts no less than the minimum amounts set forth
448	448	in s. 344.33 (2) and that satisfies any of the following:
449	449	1. The policy recognizes that the shared motor vehicle insured under the policy
450	450	is made available and used through a peer-to-peer motor vehicle sharing program.
451	451	2. The policy does not exclude use of a shared motor vehicle by a shared vehicle
452	452	driver.
453	453	(e) The insurance requirement described under par. (d) may be satisfied by
454	454	motor vehicle liability insurance maintained by any of the following:
455	455	1. A shared vehicle owner.
456	456	2. A shared vehicle driver.
457	457	3. A peer-to-peer motor vehicle sharing program.
458	458	4. Any combination of the persons described in subds. 1. to 3.
459	459	(f) The coverage maintained under par. (e) that is satisfying the insurance
460	460	requirement under par. (d) shall be primary during each motor vehicle sharing
461	461	duration and, in the event that a claim occurs in another state with minimum
462	462	financial responsibility limits higher than the amounts specified in s. 344.33 (2)
463	463	during the motor vehicle sharing duration, the coverage maintained under par. (e)
464	464	shall satisfy the difference in minimum coverage amounts, up to the applicable policy
465	465	limits.
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494	494	(g) The insurer, insurers, or peer-to-peer motor vehicle sharing program
495	495	providing coverage under pars. (d) and (e) shall assume primary coverage if any of
496	496	the following applies:
497	497	1. A dispute exists as to who was in control of the shared motor vehicle at the
498	498	time of the loss, and the peer-to-peer motor vehicle sharing program does not have
499	499	available, does not retain, or fails to provide the information specified under sub. (9).
500	500	2. A dispute exists as to whether the shared motor vehicle was returned to an
501	501	alternatively agreed upon location specified in the motor vehicle sharing agreement.
502	502	(h) If insurance maintained by a shared vehicle owner or shared vehicle driver
503	503	in accordance with par. (e) has lapsed or does not provide the coverage required, then
504	504	insurance maintained by the peer-to-peer motor vehicle sharing program shall
505	505	provide the coverage required under par. (d) beginning with the first dollar of the
506	506	claim and shall have the duty to defend the claim except under circumstances
507	507	described in par. (b).
508	508	(i) Coverage under a motor vehicle insurance policy maintained by the
509	509	peer-to-peer motor vehicle sharing program may not be dependent on another motor
510	510	vehicle insurer first denying a claim nor shall another motor vehicle insurance policy
511	511	be required to first deny a claim.
512	512	(j) Nothing in this section does any of the following:
513	513	1. Limits the liability of a peer-to-peer motor vehicle sharing program for any
514	514	act or omission of the peer-to-peer motor vehicle sharing program itself that results
515	515	in injury to any person as a result of the use of a shared motor vehicle through the
516	516	peer-to-peer motor vehicle sharing program.
517	517	2. Limits the ability of a peer-to-peer motor vehicle sharing program to seek
518	518	indemnification, under the terms of a motor vehicle sharing agreement, from the
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545	545	SECTION 8 SENATE BILL 386
546	546	shared vehicle owner or shared vehicle driver for economic loss sustained by the
547	547	peer-to-peer motor vehicle sharing program resulting from a breach of the terms of
548	548	the motor vehicle sharing agreement.
549	549	(3) INSURABLE INTEREST. A peer-to-peer motor vehicle sharing program shall
550	550	have an insurable interest in a shared motor vehicle during the motor vehicle
551	551	sharing duration. Nothing in this subsection creates liability on the peer-to-peer
552	552	motor vehicle sharing program to maintain the coverage required under sub. (2) (d).
553	553	The peer-to-peer motor vehicle sharing program may own and maintain as the
554	554	named insured one or more policies of motor vehicle liability insurance that provides
555	555	coverage for any of the following:
556	556	(a) Liabilities to be assumed by the peer-to-peer motor vehicle sharing
557	557	program under a motor vehicle sharing agreement.
558	558	(b) Any liability of the shared vehicle owner.
559	559	(c) Damage or loss to the shared motor vehicle.
560	560	(d) Any liability of the shared vehicle driver.
561	561	(4) EXCLUSIONS IN MOTOR VEHICLE LIABILITY POLICIES. (a) An insurer that writes
562	562	motor vehicle liability insurance in this state may exclude any coverage and may
563	563	refuse to defend or indemnify any claim under a shared vehicle owner's liability
564	564	policy, including any of the following coverages:
565	565	1. Liability coverage for bodily injury and property damage.
566	566	2. Personal injury protection.
567	567	3. Uninsured and underinsured motorists coverage.
568	568	4. Medical payments.
569	569	5. Comprehensive physical damage.
570	570	6. Collision physical damage.
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598	598	SECTION 8
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600	600	(b) Nothing in this section invalidates or limits any exclusion contained in a
601	601	motor vehicle liability insurance policy, including any policy in use or approved for
602	602	use that excludes coverage for motor vehicles that are made available for rent,
603	603	sharing, or hire or for any business use.
604	604	(c) Nothing in this section invalidates, limits, or restricts an insurer's ability,
605	605	as otherwise allowed under law, to underwrite an insurance policy or to cancel or not
606	606	renew an insurance policy.
607	607	(5) REQUIRED DISCLOSURES. Each peer-to-peer motor vehicle sharing program
608	608	shall include in any agreement made in this state with a shared vehicle owner or
609	609	shared vehicle driver all of the following disclosures:
610	610	(a) Any right of the peer-to-peer motor vehicle sharing program to seek
611	611	indemnification from the shared vehicle owner or shared vehicle driver for economic
612	612	loss sustained by the peer-to-peer motor vehicle sharing program resulting from a
613	613	breach of the terms and conditions of the motor vehicle sharing agreement.
614	614	(b) That a motor vehicle liability insurance policy issued to a shared vehicle
615	615	owner for the shared motor vehicle or to the shared vehicle driver does not provide
616	616	a defense or indemnification for any claim asserted against him or her by the
617	617	peer-to-peer motor vehicle sharing program.
618	618	(c) That the peer-to-peer motor vehicle sharing program's insurance coverage
619	619	on the shared vehicle owner and the shared vehicle driver is in effect only during the
620	620	motor vehicle sharing duration and that, for any use of the shared motor vehicle by
621	621	the shared vehicle driver other than during the motor vehicle sharing duration, the
622	622	shared vehicle driver and the shared vehicle owner might not have insurance
623	623	coverage.
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649	649	SECTION 8 SENATE BILL 386
650	650	(d) The daily rate, fees, and, if applicable, any insurance or protection package
651	651	costs that are charged to the shared vehicle owner or the shared vehicle driver.
652	652	(e) That the motor vehicle liability insurance policy of the shared vehicle owner
653	653	might not provide coverage for a shared motor vehicle.
654	654	(f) An emergency telephone number of personnel who are capable of fielding
655	655	roadside assistance and other customer service inquiries.
656	656	(g) Any conditions under which a shared vehicle driver, in order to make a
657	657	reservation for a shared motor vehicle, must maintain a personal motor vehicle
658	658	insurance policy that is primary coverage with certain applicable coverage limits.
659	659	(6) NOTIFICATION OF IMPLICATIONS OF LIEN. At the time a motor vehicle owner
660	660	registers as a shared vehicle owner through a peer-to-peer motor vehicle sharing
661	661	program and before the shared vehicle owner makes a motor vehicle available for
662	662	sharing, the peer-to-peer motor vehicle sharing program shall notify the shared
663	663	vehicle owner that, if the shared motor vehicle has a lien against it, the use of the
664	664	shared motor vehicle through the peer-to-peer motor vehicle sharing program,
665	665	including any use without coverage for physical damage, may violate the terms of
666	666	any agreement with the lienholder.
667	667	(7) LIABILITY EXEMPTION. Any peer-to-peer motor vehicle sharing program and
668	668	any shared vehicle owner are exempt from liability consistent with 49 USC 30106
669	669	and under any state or local law that imposes liability solely based on vehicle
670	670	ownership.
671	671	(8) CONTRIBUTION AGAINST INDEMNIFICATION. A motor vehicle insurer that
672	672	defends or indemnifies a claim against a shared motor vehicle that is excluded under
673	673	the terms of the policy shall have the right to seek recovery against the motor vehicle
674	674	insurer of the peer-to-peer motor vehicle sharing program if the claim is made
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702	702	SECTION 8
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704	704	against the shared vehicle owner or the shared vehicle driver for loss or injury that
705	705	occurs during the motor vehicle sharing duration and is excluded under the terms
706	706	of the policy.
707	707	(9) RECORD RETENTION. A peer-to-peer motor vehicle sharing program shall
708	708	collect and verify records pertaining to the use of a shared motor vehicle, including
709	709	times used, motor vehicle pick up and drop off locations, fees paid by a shared vehicle
710	710	driver, and revenues received by the shared vehicle owner. To facilitate a claims
711	711	coverage investigation, settlement, negotiation, or litigation, the peer-to-peer motor
712	712	vehicle sharing program shall provide, upon request, the records collected under this
713	713	subsection to the shared vehicle owner, the insurer of the shared vehicle owner, or
714	714	the insurer of the shared vehicle driver. The peer-to-peer motor vehicle sharing
715	715	program shall retain the records collected under this subsection for a period not less
716	716	than the applicable time limit for bringing an action specified under ch. 893.
717	717	SECTION 9.0Effective date.
718	718	(1) This act takes effect on the first day of the 10th month beginning after
719	719	publication.
720	720	(END)
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