COMMITTEE ON COMMERCE
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2559
(Reference to printed bill)
Page 1, line 17, after "that" insert ":
Between lines 24 and 25, insert:
"2. A city or town may impose a tax on peer‑to‑peer car sharing companies and shared vehicles."
Page 3, strike lines 2 through 25, insert:
"A. Except as otherwise provided in this subsection, a peer‑to‑peer car sharing program shall assume liability of a shared vehicle owner for bodily injury or property damage to a third party or uninsured and underinsured motorist or personal injury protection losses during the car sharing period in an amount that is stated in the car sharing program agreement and that is not less than the minimum amount of coverage required by section 28‑4009. This subsection does not apply if the shared vehicle owner makes an intentional or fraudulent material misrepresentation to the peer‑to‑peer car sharing program before the car sharing period in which the loss occurs.
B. A peer-to-peer car sharing program shall ensure that during each car sharing period the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that:
1. Recognizes that the vehicle insured under the policy is made available and used through a peer-to-peer car sharing program.
2. Provides insurance coverage in an amount not less than the minimum amount of coverage required by section 28‑4009.
C. The insurance required by this section may be satisfied by motor vehicle liability insurance that is maintained by any of the following or a combination of all of the following:
1. A shared vehicle owner.
2. A shared vehicle driver.
3. A peer-to-peer car sharing program.
D. The insurance required by this section is primary during each car sharing period.
E. If insurance is maintained by a shared vehicle owner or shared vehicle driver pursuant to subsection C of this section and has lapsed or does not provide the required coverage:
1. Insurance that is maintained by a peer‑to‑peer car sharing program shall provide the coverage required by subsection B of this section beginning with the first dollar of a claim.
2. The peer‑to‑peer car sharing program shall defend a claim.
F. Coverage under a motor vehicle liability insurance policy that is maintained by a peer‑to‑peer car sharing program is not dependent on a personal motor vehicle liability insurer first denying a claim.
G. This chapter does not limit either of the following:
1. The liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program that results in injury to any person as a result of the use of a shared vehicle.
2. The ability of the peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement."
Page 3, line 39, strike "exclude any" insert "deny"; strike "the duty" insert "is not required"
Page 4, line 4, strike "deny,"; strike ", terminate," insert "or"; strike "or refuse"
Line 5, strike "to renew"
Page 4, line 9, strike "deny,"; strike "terminate,"
Between lines 17 and 18, insert:
"C. A motor vehicle insurer may limit the number of vehicles that the motor vehicle insurer will insure on a single policy if the vehicles are made available for sharing through a peer‑to‑peer car sharing program."
Line 25, after "records" insert "that are required by this section"
Line 33, strike "motor vehicle"
Line 34, strike "insurer's"; after "seek" insert "contribution or"
Line 38, strike "its" insert "the"
Line 43, strike "impose liability on" insert "require"
Line 44, after "the" insert "insurance"
Page 5, line 23, strike "might" insert "may"
Line 28, strike "person" insert "peer‑to‑peer car sharing program"
Line 29, after the second "driver" insert "who will operate the shared vehicle"
Page 6, line 18, after the first "a" insert "shared"
Line 19, strike "owner's" insert "shared"; after the second and third "the" insert "shared"
Line 38, strike "42‑6004" insert "42‑5071"
Strike pages 11 through 23
Amend title to conform