Bill Text: FL S0566 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor Vehicle Rentals
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-07-06 - Chapter No. 2021-175 [S0566 Detail]
Download: Florida-2021-S0566-Introduced.html
Bill Title: Motor Vehicle Rentals
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-07-06 - Chapter No. 2021-175 [S0566 Detail]
Download: Florida-2021-S0566-Introduced.html
Florida Senate - 2021 SB 566 By Senator Perry 8-00637-21 2021566__ 1 A bill to be entitled 2 An act relating to motor vehicle rentals; amending s. 3 212.05, F.S.; specifying the applicable sales tax rate 4 on motor vehicle leases and rentals by motor vehicle 5 rental companies and peer-to-peer car-sharing 6 programs; requiring peer-to-peer car-sharing programs 7 to collect and remit the applicable sales tax; 8 amending s. 212.0606, F.S.; defining terms; specifying 9 the applicable rental car surcharge on motor vehicle 10 leases and rentals by motor vehicle rental companies 11 and peer-to-peer car-sharing programs; specifying 12 applicability of the surcharge; requiring motor 13 vehicle rental companies and peer-to-peer car-sharing 14 programs to collect the surcharge; requiring car 15 sharing services to collect a certain surcharge; 16 making technical changes; creating s. 627.7483, F.S.; 17 defining terms; specifying insurance requirements for 18 shared vehicle owners and shared vehicle drivers under 19 peer-to-peer car-sharing programs; providing that a 20 peer-to-peer car-sharing program has an insurable 21 interest in a shared vehicle during certain periods; 22 providing construction; authorizing peer-to-peer car 23 sharing programs to own and maintain certain motor 24 vehicle insurance policies; requiring peer-to-peer 25 car-sharing programs to assume certain liability; 26 providing exceptions; requiring a shared vehicle 27 owner’s insurer to indemnify the peer-to-peer car 28 sharing program under certain circumstances; providing 29 an exemption from vicarious liability for peer-to-peer 30 car-sharing programs and shared vehicle owners; 31 authorizing motor vehicle insurers to exclude 32 coverages and a duty to defend or indemnify claims 33 under a shared vehicle owner’s policy; providing 34 construction relating to exclusions; providing a right 35 of contribution to a shared vehicle owner’s insurer 36 for certain claims; requiring peer-to-peer car-sharing 37 programs to provide certain information to shared 38 vehicle owners regarding liens; specifying 39 recordkeeping, record retention, and record-sharing 40 requirements for peer-to-peer car-sharing programs; 41 specifying disclosure requirements for peer-to-peer 42 car-sharing program agreements; specifying driver 43 license verification and data retention requirements 44 for peer-to-peer car-sharing programs; providing that 45 peer-to-peer car-sharing programs have sole 46 responsibility for certain equipment in or on a shared 47 vehicle; providing for indemnification regarding such 48 equipment; specifying requirements for peer-to-peer 49 car-sharing programs relating to safety recalls on a 50 shared vehicle; providing construction; providing an 51 effective date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Paragraph (c) of subsection (1) of section 56 212.05, Florida Statutes, is amended to read: 57 212.05 Sales, storage, use tax.—It is hereby declared to be 58 the legislative intent that every person is exercising a taxable 59 privilege who engages in the business of selling tangible 60 personal property at retail in this state, including the 61 business of making mail order sales, or who rents or furnishes 62 any of the things or services taxable under this chapter, or who 63 stores for use or consumption in this state any item or article 64 of tangible personal property as defined herein and who leases 65 or rents such property within the state. 66 (1) For the exercise of such privilege, a tax is levied on 67 each taxable transaction or incident, which tax is due and 68 payable as follows: 69 (c) At the rate of 6 percent of the gross proceeds derived 70 from the lease or rental of tangible personal property, as 71 defined herein; however, the following special provisions apply 72 to the lease or rental of motor vehicles: 73 1. When a motor vehicle is leased or rented by a motor 74 vehicle rental company or a peer-to-peer car-sharing program, as 75 those terms are defined in s. 212.0606(1), for a period of less 76 than 12 months: 77 a. If the motor vehicle is rented in Florida, the entire 78 amount of such rental is taxable, even if the vehicle is dropped 79 off in another state. 80 b. If the motor vehicle is rented in another state and 81 dropped off in Florida, the rental is exempt from Florida tax. 82 c. If the motor vehicle is rented by a peer-to-peer car 83 sharing program, the peer-to-peer car-sharing program must 84 collect and remit the applicable tax due in connection with the 85 rental. 86 2. Except as provided in subparagraph 3., for the lease or 87 rental of a motor vehicle for a period of not less than 12 88 months, sales tax is due on the lease or rental payments if the 89 vehicle is registered in this state; provided, however, that no 90 tax shall be due if the taxpayer documents use of the motor 91 vehicle outside this state and tax is being paid on the lease or 92 rental payments in another state. 93 3. The tax imposed by this chapter does not apply to the 94 lease or rental of a commercial motor vehicle as defined in s. 95 316.003(13)(a) to one lessee or rentee for a period of not less 96 than 12 months when tax was paid on the purchase price of such 97 vehicle by the lessor. To the extent tax was paid with respect 98 to the purchase of such vehicle in another state, territory of 99 the United States, or the District of Columbia, the Florida tax 100 payable shall be reduced in accordance with the provisions of s. 101 212.06(7). This subparagraph shall only be available when the 102 lease or rental of such property is an established business or 103 part of an established business or the same is incidental or 104 germane to such business. 105 Section 2. Section 212.0606, Florida Statutes, is amended 106 to read: 107 212.0606 Rental car surcharge.— 108 (1) As used in this section, the term: 109 (a) “Car-sharing service” means a membership-based 110 organization or business, or division thereof, which requires 111 the payment of an application fee or a membership fee and 112 provides member access to motor vehicles: 113 1. Only at locations that are not staffed by car-sharing 114 service personnel employed solely for the purpose of interacting 115 with car-sharing service members; 116 2. Twenty-four hours per day, 7 days per week; 117 3. Only through automated means, including, but not limited 118 to, a smartphone application or an electronic membership card; 119 4. On an hourly basis or for a shorter increment of time; 120 5. Without a separate fee for refueling the motor vehicle; 121 6. Without a separate fee for minimum financial 122 responsibility liability insurance; and 123 7. Owned or controlled by the car-sharing service or its 124 affiliates. 125 (b) “Motor vehicle rental company” means an entity that is 126 in the business of providing, for financial consideration, motor 127 vehicles to the public under a rental agreement. 128 (c) “Peer-to-peer car-sharing program” has the same meaning 129 as in s. 627.7483(1). 130 (2) Except as provided in subsection (3)(2), a surcharge 131 of $2 per day or any part of a day is imposed upon the lease or 132 rental by a motor vehicle rental company or a peer-to-peer car 133 sharing program of a motor vehicle that is licensed for hire and 134 designed to carry fewer than nine passengers, regardless of 135 whether the motor vehicle is licensed in this state, for 136 financial consideration and without transfer of the title of the 137 motor vehicle. The surcharge is imposed regardless of whether 138 the lease or rental occurs in person or through digital means. 139 The surcharge applies to only the first 30 days of the term of a 140 lease or rental and must be collected by the motor vehicle 141 rental company or the peer-to-peer car-sharing program. The 142 surcharge is subject to all applicable taxes imposed by this 143 chapter. 144 (3)(2)A member of a car-sharing service who uses a motor 145 vehicle as described in subsection (2)(1)for less than 24 146 hours pursuant to an agreement with the car-sharing service 147 shall pay a surcharge of $1 per usage. A member of a car-sharing 148 service who uses the same motor vehicle for 24 hours or more 149 shall pay a surcharge of $2 per day or any part of a day as 150 provided in subsection (2)(1). The car-sharing service shall 151 collect the surchargeFor purposes of this subsection, the term152“car-sharing service” means a membership-based organization or153business, or division thereof, which requires the payment of an154application or membership fee and provides member access to155motor vehicles:156(a)Only at locations that are not staffed by car-sharing157service personnel employed solely for the purpose of interacting158with car-sharing service members;159(b)Twenty-four hours per day, 7 days per week;160(c)Only through automated means, including, but not161limited to, smartphone applications or electronic membership162cards;163(d)On an hourly basis or for a shorter increment of time;164(e)Without a separate fee for refueling the motor vehicle;165(f)Without a separate fee for minimum financial166responsibility liability insurance; and167(g)Owned or controlled by the car-sharing service or its168affiliates. 169 170 The surcharge imposed under this subsection does not apply to 171 the lease, rental, or use of a motor vehicle from a location 172 owned, operated, or leased by or for the benefit of an airport 173 or airport authority. 174 (4)(a)(3)(a)Notwithstanding s. 212.20, and less the costs 175 of administration, 80 percent of the proceeds of this surcharge 176 shall be deposited in the State Transportation Trust Fund, 15.75 177 percent of the proceeds of this surcharge shall be deposited in 178 the Tourism Promotional Trust Fund created in s. 288.122, and 179 4.25 percent of the proceeds of this surcharge shall be 180 deposited in the Florida International Trade and Promotion Trust 181 Fund. For the purposes of this subsection, the term “proceeds of 182 this surcharge”of the surchargemeans all funds collected and 183 received by the department under this section, including 184 interest and penalties on delinquent surcharges. The department 185 shall provide the Department of Transportation rental car 186 surcharge revenue information for the previous state fiscal year 187 by September 1 of each year. 188 (b) Notwithstanding any otherprovision oflaw, the 189 proceeds deposited in the State Transportation Trust Fund shall 190 be allocated on an annual basis in the Department of 191 Transportation’s work program to each department district, 192 except the Turnpike District. The amount allocated to each 193 district shall be based on the amount of proceeds attributed to 194 the counties within each respective district. 195 (5)(a)(4)Except as provided in this section, the 196 department shall administer, collect, and enforce the surcharge 197 as provided in this chapter. 198 (b)(a)The department shall require a dealerdealersto 199 report surcharge collections according to the county to which 200 the surcharge was attributed. For purposes of this section, the 201 surcharge shall be attributed to the county where the rental 202 agreement was entered into. 203 (c)(b)A dealerDealerswho collectscollectthe rental car 204 surcharge shall report to the department all surcharge revenues 205 attributed to the county where the rental agreement was entered 206 into on a timely filed return for each required reporting 207 period. The provisions of this chapter which apply to interest 208 and penalties on delinquent taxes apply to the surcharge. The 209 surcharge shall not be included in the calculation of estimated 210 taxes pursuant to s. 212.11. The dealer’s credit provided in s. 211 212.12 does not apply to any amount collected under this 212 section. 213 (6)(5)The surcharge imposed by this section does not apply 214 to a motor vehicle provided at no charge to a person whose motor 215 vehicle is being repaired, adjusted, or serviced by the entity 216 providing the replacement motor vehicle. 217 Section 3. Section 627.7483, Florida Statutes, is created 218 to read: 219 627.7483 Peer-to-peer car sharing; insurance requirements.— 220 (1) DEFINITIONS.—As used in this section, the term: 221 (a) “Car-sharing delivery period” means the period of time 222 during which a shared vehicle is being delivered to the location 223 of the car-sharing start time, if applicable, as documented by 224 the governing peer-to-peer car-sharing program agreement. 225 (b) “Car-sharing period” means the period of time that 226 commences either at the car-sharing delivery period or, if there 227 is no car-sharing delivery period, at the car-sharing start time 228 and that ends at the car-sharing termination time. 229 (c) “Car-sharing start time” means the time when the shared 230 vehicle is under the control of the shared vehicle driver, which 231 time occurs at or after the time the reservation of the shared 232 vehicle is scheduled to begin, as documented in the records of a 233 peer-to-peer car-sharing program. 234 (d) “Car-sharing termination time” means the earliest of 235 the following events: 236 1. The expiration of the agreed-upon period of time 237 established for the use of a shared vehicle according to the 238 terms of the peer-to-peer car-sharing program agreement, if the 239 shared vehicle is delivered to the location agreed upon in the 240 peer-to-peer car-sharing program agreement; 241 2. The time the shared vehicle is returned to a location as 242 alternatively agreed upon by the shared vehicle owner and shared 243 vehicle driver, as communicated through a peer-to-peer car 244 sharing program; or 245 3. The time the shared vehicle owner or the shared vehicle 246 owner’s authorized designee takes possession and control of the 247 shared vehicle. 248 (e) “Peer-to-peer car sharing” or “car sharing” means the 249 authorized use of a motor vehicle by an individual other than 250 the vehicle’s owner through a peer-to-peer car-sharing program. 251 For the purposes of this section, the term does not include the 252 renting of a motor vehicle through a rental car company, the use 253 of a for-hire vehicle as defined in s. 320.01(15), ridesharing 254 as defined in s. 341.031(9), carpool as defined in s. 450.28(3), 255 or the use of a motor vehicle under an agreement for a car 256 sharing service as defined in s. 212.0606(1). 257 (f) “Peer-to-peer car-sharing program” means a business 258 platform that enables peer-to-peer car sharing by connecting 259 motor vehicle owners with drivers for financial consideration. 260 For the purposes of this section, the term does not include a 261 rental car company, a car-sharing service as defined in s. 262 212.0606(1), a taxicab association, or the owner of a for-hire 263 vehicle as defined in s. 320.01(15). 264 (g) “Peer-to-peer car-sharing program agreement” means the 265 terms and conditions established by the peer-to-peer car-sharing 266 program which are applicable to a shared vehicle owner and a 267 shared vehicle driver and which govern the use of a shared 268 vehicle through a peer-to-peer car-sharing program. For the 269 purposes of this section, the term does not include a rental 270 agreement or an agreement for a for-hire vehicle as defined in 271 s. 320.01(15) or for a car-sharing service as defined in s. 272 212.0606(1). 273 (h) “Shared vehicle” means a motor vehicle that is 274 available for sharing through a peer-to-peer car-sharing 275 program. For the purposes of this section, the term does not 276 include a rental car, a for-hire vehicle as defined in s. 277 320.01(15), or a motor vehicle used for ridesharing as defined 278 in s. 341.031(9), for carpool as defined in s. 450.28(3), or for 279 car-sharing service as defined in s. 212.0606(1). 280 (i) “Shared vehicle driver” means an individual who has 281 been authorized by the shared vehicle owner to drive the shared 282 vehicle under the peer-to-peer car-sharing program agreement. 283 (j) “Shared vehicle owner” means the registered owner, or a 284 natural person or an entity designated by the registered owner, 285 of a motor vehicle made available for sharing to shared vehicle 286 drivers through a peer-to-peer car-sharing program. For the 287 purposes of this section, the term does not include an owner of 288 a for-hire vehicle as defined in s. 320.01(15). 289 (2) INSURANCE COVERAGE REQUIREMENTS.— 290 (a)1. A peer-to-peer car-sharing program shall ensure that, 291 during each car-sharing period, the shared vehicle owner and the 292 shared vehicle driver are insured under a motor vehicle 293 insurance policy that provides all of the following: 294 a. Property damage liability coverage that meets the 295 minimum coverage amounts required under s. 324.022. 296 b. Bodily injury liability coverage limits as described in 297 s. 324.021(7)(a) and (b). 298 c. Personal injury protection benefits that meet the 299 minimum coverage amounts required under s. 627.736. 300 d. Uninsured and underinsured vehicle coverage as required 301 under s. 627.727. 302 2. The peer-to-peer car-sharing program shall also ensure 303 that the motor vehicle insurance policy under subparagraph 1.: 304 a. Recognizes that the shared vehicle insured under the 305 policy is made available and used through a peer-to-peer car 306 sharing program; or 307 b. Does not exclude the use of a shared vehicle by a shared 308 vehicle driver. 309 (b)1. The insurance described under paragraph (a) may be 310 satisfied by a motor vehicle insurance policy maintained by: 311 a. A shared vehicle owner; 312 b. A shared vehicle driver; 313 c. A peer-to-peer car-sharing program; or 314 d. A combination of a shared vehicle owner, a shared 315 vehicle driver, and a peer-to-peer car-sharing program. 316 2. The insurance policy maintained in subparagraph 1. which 317 satisfies the insurance requirements under paragraph (a) is 318 primary during each car-sharing period. 319 3.a. If the insurance maintained by a shared vehicle owner 320 or shared vehicle driver in accordance with subparagraph 1. has 321 lapsed or does not provide the coverage required under paragraph 322 (a), the insurance maintained by the peer-to-peer car-sharing 323 program must provide the coverage required under paragraph (a), 324 beginning with the first dollar of a claim, and must defend such 325 claim, except under circumstances as set forth in subparagraph 326 (3)(a)2. 327 b. Coverage under a motor vehicle insurance policy 328 maintained by the peer-to-peer car-sharing program must not be 329 dependent on another motor vehicle insurer first denying a 330 claim, and another motor vehicle insurance policy is not 331 required to first deny a claim. 332 c. Notwithstanding any other law, statute, rule, or 333 regulation to the contrary, a peer-to-peer car-sharing program 334 has an insurable interest in a shared vehicle during the car 335 sharing period. This sub-subparagraph does not create liability 336 for a peer-to-peer car-sharing program for maintaining the 337 coverage required under paragraph (a) and under this paragraph, 338 if applicable. 339 d. A peer-to-peer car-sharing program may own and maintain 340 as the named insured one or more policies of motor vehicle 341 insurance which provide coverage for: 342 (I) Liabilities assumed by the peer-to-peer car-sharing 343 program under a peer–to–peer car-sharing program agreement; 344 (II) Liability of the shared vehicle owner; 345 (III) Liability of the shared vehicle driver; 346 (IV) Damage or loss to the shared motor vehicle; or 347 (V) Damage, loss, or injury to persons or property to 348 satisfy the personal injury protection and uninsured and 349 underinsured motorist coverage requirements of this section. 350 e. Insurance required under paragraph (a), when maintained 351 by a peer-to-peer car-sharing program, may be provided by an 352 insurer authorized to do business in this state which is a 353 member of the Florida Insurance Guaranty Association or an 354 eligible surplus lines insurer that has a superior, excellent, 355 exceptional, or equivalent financial strength rating by a rating 356 agency acceptable to the office. A peer-to-peer car-sharing 357 program is not transacting in insurance when it maintains the 358 insurance required under this section. 359 (3) LIABILITIES AND INSURANCE EXCLUSIONS.— 360 (a) Liability.— 361 1. A peer-to-peer car-sharing program shall assume 362 liability, except as provided in subparagraph 2., of a shared 363 vehicle owner for bodily injury or property damage to third 364 parties or uninsured and underinsured motorist or personal 365 injury protection losses during the car-sharing period in an 366 amount stated in the peer-to-peer car-sharing program agreement, 367 which amount may not be less than those set forth in ss. 368 324.021(7)(a) and (b), 324.022, 627.727, and 627.736, 369 respectively. 370 2. The assumption of liability under subparagraph 1. does 371 not apply if a shared vehicle owner: 372 a. Makes an intentional or fraudulent material 373 misrepresentation or omission to the peer-to-peer car-sharing 374 program before the car-sharing period in which the loss occurs; 375 or 376 b. Acts in concert with a shared vehicle driver who fails 377 to return the shared vehicle pursuant to the terms of the peer 378 to-peer car-sharing program agreement. 379 3. A peer-to-peer car-sharing program shall assume primary 380 liability for a claim when it is in whole or in part providing 381 the insurance required under paragraph (2)(a) and: 382 a. A dispute exists as to who was in control of the shared 383 motor vehicle at the time of the loss; and 384 b. The peer-to-peer car-sharing program does not have 385 available, did not retain, or fails to provide the information 386 required under subsection (5). 387 388 The shared vehicle owner’s insurer shall indemnify the peer-to 389 peer car-sharing program to the extent of the insurer’s 390 obligation, if any, under the applicable insurance policy if it 391 is determined that the shared vehicle owner was in control of 392 the shared motor vehicle at the time of the loss. 393 (b) Vicarious liability.—A peer-to-peer car-sharing program 394 and a shared vehicle owner are exempt from vicarious liability 395 consistent with 49 U.S.C. s. 30106 (2005) under any state or 396 local law that imposes liability solely based on vehicle 397 ownership. 398 (c) Exclusions in motor vehicle insurance policies.—An 399 authorized insurer that writes motor vehicle liability insurance 400 in this state may exclude any and all coverage and the duty to 401 defend or indemnify for any claim afforded under a shared 402 vehicle owner’s motor vehicle insurance policy, including, but 403 not limited to: 404 1. Liability coverage for bodily injury and property 405 damage; 406 2. Personal injury protection coverage; 407 3. Uninsured and underinsured motorist coverage; 408 4. Medical payments coverage; 409 5. Comprehensive physical damage coverage; and 410 6. Collision physical damage coverage. 411 412 This paragraph does not invalidate or limit any exclusion 413 contained in a motor vehicle insurance policy, including any 414 insurance policy in use or approved for use which excludes 415 coverage for motor vehicles made available for rent, sharing, or 416 hire or for any business use. 417 (d) Contribution against indemnification.—A shared vehicle 418 owner’s motor vehicle insurer that defends or indemnifies a 419 claim against a shared vehicle which is excluded under the terms 420 of its policy has the right to seek contribution against the 421 motor vehicle insurer of the peer-to-peer car-sharing program if 422 the claim is: 423 1. Made against the shared vehicle owner or the shared 424 vehicle driver for loss or injury that occurs during the car 425 sharing period; and 426 2. Excluded under the terms of its policy. 427 (4) NOTIFICATION OF IMPLICATIONS OF LIEN.—At the time a 428 motor vehicle owner registers as a shared vehicle owner on a 429 peer-to-peer car-sharing program and before the shared vehicle 430 owner may make a shared vehicle available for car sharing on the 431 peer-to-peer car-sharing program, the peer-to-peer car-sharing 432 program must notify the shared vehicle owner that, if the shared 433 vehicle has a lien against it, the use of the shared vehicle 434 through a peer-to-peer car-sharing program, including the use 435 without physical damage coverage, may violate the terms of the 436 contract with the lienholder. 437 (5) RECORDKEEPING.—A peer-to-peer car-sharing program 438 shall: 439 (a) Collect and verify records pertaining to the use of a 440 shared vehicle, including, but not limited to, the times used, 441 fees paid by the shared vehicle driver, and revenues received by 442 the shared vehicle owner. 443 (b) Retain the records in paragraph (a) for a time period 444 not less than the applicable personal injury statute of 445 limitations. 446 (c) Provide the information contained in the records in 447 paragraph (a) upon request to the shared vehicle owner, the 448 shared vehicle owner’s insurer, or the shared vehicle driver’s 449 insurer to facilitate a claim coverage investigation. 450 (6) CONSUMER PROTECTIONS.— 451 (a) Disclosures.—Each peer-to-peer car-sharing program 452 agreement made in this state must disclose to the shared vehicle 453 owner and the shared vehicle driver: 454 1. Any right of the peer-to-peer car-sharing program to 455 seek indemnification from the shared vehicle owner or the shared 456 vehicle driver for economic loss resulting from a breach of the 457 terms and conditions of the peer-to-peer car-sharing program 458 agreement. 459 2. That a motor vehicle insurance policy issued to the 460 shared vehicle owner for the shared vehicle or to the shared 461 vehicle driver does not provide a defense or indemnification for 462 any claim asserted by the peer-to-peer car-sharing program. 463 3. That the peer-to-peer car-sharing program’s insurance 464 coverage on the shared vehicle owner and the shared vehicle 465 driver is in effect only during each car-sharing period and 466 that, for any use of the shared vehicle by the shared vehicle 467 driver after the car-sharing termination time, the shared 468 vehicle driver and the shared vehicle owner may not have 469 insurance coverage. 470 4. The daily rate, fees, and, if applicable, any insurance 471 or protection package costs that are charged to the shared 472 vehicle owner or the shared vehicle driver. 473 5. That the shared vehicle owner’s motor vehicle liability 474 insurance may exclude coverage for a shared vehicle. 475 6. An emergency telephone number of the personnel capable 476 of fielding calls for roadside assistance and other customer 477 service inquiries. 478 7. Any conditions under which a shared vehicle driver must 479 maintain a personal motor vehicle insurance policy with certain 480 applicable coverage limits on a primary basis in order to book a 481 shared vehicle. 482 (b) Driver license verification and data retention.— 483 1. A peer-to-peer car-sharing program may not enter into a 484 peer-to-peer car-sharing program agreement with a driver unless 485 the driver: 486 a. Holds a driver license issued under chapter 322 which 487 authorizes the driver to drive vehicles of the class of the 488 shared vehicle; 489 b. Is a nonresident who: 490 (I) Holds a driver license issued by the state or country 491 of the driver’s residence which authorizes the driver in that 492 state or country to drive vehicles of the class of the shared 493 vehicle; and 494 (II) Is at least the same age as that required of a 495 resident to drive; or 496 c. Is otherwise specifically authorized by the Department 497 of Highway Safety and Motor Vehicles to drive vehicles of the 498 class of the shared vehicle. 499 2. A peer-to-peer car-sharing program shall keep a record 500 of: 501 a. The name and address of the shared vehicle driver; 502 b. The number of the driver license of the shared vehicle 503 driver and each other person, if any, who will operate the 504 shared vehicle; and 505 c. The place of issuance of the driver license. 506 (c) Responsibility for equipment.—A peer-to-peer car 507 sharing program has sole responsibility for any equipment that 508 is put in or on the shared vehicle to monitor or facilitate the 509 peer-to-peer car-sharing transaction, including a GPS system. 510 The peer-to-peer car-sharing program shall indemnify and hold 511 harmless the shared vehicle owner for any damage to or theft of 512 such equipment during the car-sharing period which is not caused 513 by the shared vehicle owner. The peer-to-peer car-sharing 514 program may seek indemnity from the shared vehicle driver for 515 any damage to or loss of such equipment which occurs during the 516 car-sharing period. 517 (d) Motor vehicle safety recalls.—At the time a motor 518 vehicle owner registers as a shared vehicle owner on a peer-to 519 peer car-sharing program and before the shared vehicle owner may 520 make a shared vehicle available for car sharing on the peer-to 521 peer car-sharing program, the peer-to-peer car-sharing program 522 must: 523 1. Verify that the shared vehicle does not have any safety 524 recalls on the vehicle for which the repairs have not been made; 525 and 526 2. Notify the shared vehicle owner that if the shared 527 vehicle owner: 528 a. Has received an actual notice of a safety recall on the 529 vehicle, he or she may not make a vehicle available as a shared 530 vehicle on the peer-to-peer car-sharing program until the safety 531 recall repair has been made. 532 b. Receives an actual notice of a safety recall on a shared 533 vehicle while the shared vehicle is made available on the peer 534 to-peer car-sharing program, he or she shall remove the shared 535 vehicle as available on the peer-to-peer car-sharing program as 536 soon as practicably possible after receiving the notice of the 537 safety recall and until the safety recall repair has been made. 538 c. Receives an actual notice of a safety recall while the 539 shared vehicle is in the possession of a shared vehicle driver, 540 he or she shall notify the peer-to-peer car-sharing program 541 about the safety recall as soon as practicably possible after 542 receiving the notice of the safety recall, so that he or she may 543 address the safety recall repair. 544 (7) CONSTRUCTION.—This section does not limit: 545 (a) The liability of a peer-to-peer car-sharing program for 546 any act or omission of the peer-to-peer car-sharing program 547 which results in bodily injury to a person as a result of the 548 use of a shared vehicle through peer-to-peer car sharing; or 549 (b) The ability of a peer-to-peer car-sharing program to 550 seek, by contract, indemnification from the shared vehicle owner 551 or the shared vehicle driver for economic loss resulting from a 552 breach of the terms and conditions of the peer-to-peer car 553 sharing program agreement. 554 Section 4. This act shall take effect January 1, 2022.