Second Regular Session S.B. 1458
COMMITTEE ON APPROPRIATIONS
SENATE AMENDMENTS TO S.B. 1458
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 28, Arizona Revised Statutes, is amended by adding chapter 31, to read:
CHAPTER 31
PEER-TO-PEER CAR SHARING
ARTICLE 1. GENERAL PROVISIONS
28-9601. Notice to owner of vehicle with lien
A. When a person becomes a shared vehicle owner on a peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that if the shared vehicle has a lien, using the shared vehicle through a peer-to-peer car sharing program, including using the shared vehicle without physical damage coverage, may violate the terms of the contract with the lienholder.
B. The peer‑to‑peer car sharing program shall provide the notice prescribed in subsection a of this section before the shared vehicle owner makes a shared vehicle available for peer‑to‑peer car sharing on the peer‑to‑peer car sharing program.
28-9602. Shared vehicle records; retention
A peer-to-peer car sharing program shall collect and verify records relating to the use of a shared vehicle, including times used, fees paid by the shared vehicle driver and monies received by the shared vehicle owner, and provide that information on request to the shared vehicle owner, the shared vehicle owner's insurer or the shared vehicle driver's insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for at least two years.
28-9603. Insurance claims; shared vehicles; indemnification
A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the motor vehicle insurer's policy may seek indemnification from the motor vehicle insurer of the peer-to-peer car sharing program if the claim is both:
1. Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.
2. Excluded under the terms of its policy.
28-9604. Responsibility for equipment
A peer-to-peer car sharing program has sole responsibility for any equipment, including a global positioning system or other special equipment, that is put in or on a shared vehicle to monitor or facilitate the car sharing transaction and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the car sharing period if the shared vehicle owner does not cause the damage or theft. The peer-to-peer car sharing program may seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the sharing period.
28-9605. Safety recalls
A. When a vehicle owner becomes a shared vehicle owner on a peer‑to‑peer car sharing program and before the shared vehicle owner makes a shared vehicle available for peer‑to‑peer car sharing on the peer‑to‑peer car sharing program, the peer-to-peer car sharing program shall:
1. Verify that the shared vehicle does not have any safety recalls on the shared vehicle for which the repairs are not made.
2. Notify the shared vehicle owner of the requirements prescribed by subsections b, c and d of this section.
B. If a vehicle owner has received an actual notice of a safety recall on the owner's vehicle, the vehicle owner may not make the vehicle available as a shared vehicle until the safety recall repair is made.
C. If a shared vehicle owner receives a notice of a safety recall on the shared vehicle while the shared vehicle is made available on the peer‑to‑peer car sharing program, the shared vehicle owner shall remove the shared vehicle from availability on the peer-to-peer car sharing program as soon as practicable. The shared vehicle owner may not make the shared vehicle available on the peer‑to‑peer car sharing program until the safety recall repair is made.
D. If a shared vehicle owner receives a notice of a safety recall while the shared vehicle is in the possession of a shared vehicle driver, as soon as practicable, the shared vehicle owner shall notify the peer‑to‑peer car sharing program about the safety recall so that the shared vehicle owner may make the safety recall repair."
Amend title to conform