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Please see http://docs.legis.wisconsin.gov for the production version.
Analysis by the Legislative Reference Bureau
This bill generally requires that peer-to-peer motor vehicle sharing programs
assume liability, as specified under the bill, for the owners of shared vehicles and sets
certain other requirements on these programs.
Under the bill, a peer-to-peer motor vehicle sharing program is a business
platform that connects a motor vehicle owner with an individual to enable the
individual's use of the motor vehicle for financial consideration. The individual must
have a driver's license to be able to participate in the sharing program.
The bill requires the sharing program to assume liability for the shared vehicle
owner for bodily injury or property damage to third parties, or for uninsured and
underinsured motorist or personal injury protection losses, in amounts stated in the
sharing agreement, which cannot be less than the minimum coverage required
under Wisconsin law. However, the sharing program is not required to assume
liability if the vehicle owner makes an intentional or fraudulent material
misrepresentation or omission or is acting in concert with a driver who fails to return
the motor vehicle in accordance with the sharing agreement.
The bill also requires the sharing program to ensure that each shared vehicle
owner and driver are insured under a policy that provides coverage in amounts no

less than the minimum required under Wisconsin law. This required coverage may
be provided under primary insurance maintained by the shared vehicle owner, the
shared vehicle driver, the sharing program, or any combination of those. The bill
requires that the insurer, insurers, or sharing program providing coverage must
provide primary coverage if there is a dispute about who controlled the vehicle at the
time of the loss and the program does not retain information required under the bill
or if there is a dispute about whether the vehicle was dropped off at a location
specified in the sharing agreement. Under the bill, the sharing program's insurance
must cover the loss beginning with the first dollar and has the duty to defend if the
driver's or owner's insurance has lapsed or does not provide the required coverage.
The bill gives the sharing program an insurable interest in the motor vehicle during
the period it is being shared and allows the sharing program to own and maintain
coverage specified under the bill.
The bill allows insurers writing motor vehicle insurance to exclude coverage,
including liability for bodily injury and property damage and uninsured and
underinsured motorists coverage, and to refuse to defend or indemnify for any claim
under a shared vehicle owner's policy.
The bill exempts sharing programs and shared vehicle owners from liability in
accordance with a federal law that exempts a vehicle owner who rents or leases the
vehicle from liability for harm to persons or property that results from or arises out
of the use, operation, or possession of the vehicle during the rental or lease if the
owner is engaged in the business of renting or leasing motor vehicles and there is no
negligence or criminal wrongdoing on the part of the owner. The bill also exempts
sharing programs and shared vehicle owners from state laws regarding financial
responsibility for rented vehicles and damage waivers and liability in the context of
vehicle rental agreements.
The bill requires the sharing program to verify that the shared vehicle is not
the subject of a safety recall at the time the vehicle is registered with the program.
A shared vehicle owner who receives a safety recall notice must remove the vehicle
from the program and refrain from sharing it until the repairs are made and, if the
vehicle is in the possession of a shared vehicle driver, notify the sharing program of
the recall.
The bill requires the sharing program to disclose certain information to shared
vehicle owners and drivers, including information related to insurance coverage and
the daily rates and fees, and to retain information about the sharing transactions.
Additionally, at the time a vehicle owner registers with a sharing program, the
sharing program must inform the owner of the responsibilities relating to safety
recalls and that sharing the vehicle may violate an agreement with a lienholder.
Under the bill, the sharing program has responsibility for any equipment that
is put in or on the vehicle to monitor or facilitate the sharing transaction. The
sharing program must agree to indemnify and hold harmless the owner for any
damage or theft to that equipment not caused by the owner, but has the right to seek
indemnity from the driver for such loss or damage.
The bill also specifies that sharing programs and shared vehicle owners are not
establishments primarily engaged in the short-term rental of passenger cars for

purposes of the local rental car tax and the short-term rental of vehicles for the
purposes of the state rental vehicle fee.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB737,1 1Section 1 . 77.99 of the statutes is amended to read:
AB737,3,17 277.99 Imposition. A local exposition district under subch. II of ch. 229 may
3impose a tax at the rate of 3 percent of the sales price on the rental, but not for
4rerental and not for rental as a service or repair replacement vehicle, within the
5district's jurisdiction under s. 229.43, of Type 1 automobiles, as defined in s. 340.01
6(4) (a), by establishments primarily engaged in short-term rental of passenger cars
7without drivers, for a period of 30 days or less, unless the sale is exempt from the sales
8tax under s. 77.54 (1), (4), (7) (a), (7m), (9) or (9a). If the state makes a payment under
9s. 229.50 (7) to a district's special debt service reserve fund, a majority of the district's
10authorized board of directors may vote to increase the tax rate under this subchapter
11to 4 percent. A resolution to adopt the taxes imposed under this section, or an
12increase in the tax rate, shall be effective on the first January 1, April 1, July 1, or
13October 1 following the adoption of the resolution or tax increase. For purposes of
14this section, a peer-to-peer motor vehicle sharing program, as defined in s. 632.362
15(1) (g), or a shared vehicle owner, as defined in s. 632.362 (1) (i), is not an
16establishment primarily engaged in short-term rental of passenger cars without
17drivers.
AB737,2 18Section 2 . 77.995 (2) of the statutes is amended to read:
AB737,4,1019 77.995 (2) There is imposed a fee at the rate of 5 percent of the sales price on
20the rental, but not for rerental and not for rental as a service or repair replacement

1vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of recreational vehicles,
2as defined in s. 340.01 (48r); of motor homes, as defined in s. 340.01 (33m); and of
3camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged
4in short-term rental of vehicles without drivers, for a period of 30 days or less, unless
5the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). There
6is also imposed a fee at the rate of 5 percent of the sales price on the rental of
7limousines. For purposes of this subsection, a peer-to-peer motor vehicle sharing
8program, as defined in s. 632.362 (1) (g), or a shared vehicle owner, as defined in s.
9632.362 (1) (i), is not an establishment primarily engaged in short-term rental of
10vehicles without drivers.
AB737,3 11Section 3 . 344.51 (4) of the statutes is created to read:
AB737,4,1412 344.51 (4) This section does not apply to a motor vehicle sharing agreement,
13as defined in s. 632.362 (1) (b); a peer-to-peer motor vehicle sharing program, as
14defined in s. 632.362 (1) (g); or a shared vehicle owner, as defined in s. 632.362 (1) (i).
AB737,4 15Section 4 . 344.57 (5) of the statutes is amended to read:
AB737,4,1916 344.57 (5) “Rental agreement" means a written agreement setting forth the
17terms and conditions governing the use of a private passenger vehicle provided for
18rent by a rental company. “Rental agreement” does not include a motor vehicle
19sharing agreement, as defined in s. 632.362 (1) (b).
AB737,5 20Section 5 . 344.57 (6) of the statutes is amended to read:
AB737,4,2421 344.57 (6) “Rental company" means a person in the business of providing
22private passenger vehicles for rent to the public. “Rental company” does not include
23a person operating a peer-to-peer motor vehicle sharing program, as defined in s.
24632.362 (1) (g), or a shared vehicle owner, as defined in s. 632.362 (1) (i).
AB737,6 25Section 6 . 344.57 (7) of the statutes is amended to read:
AB737,5,3
1344.57 (7) “Renter" means the person who rents a private passenger vehicle
2from a rental company under a rental agreement. “Renter” does not include a shared
3vehicle driver, as defined in s. 632.362 (1) (h).
AB737,7 4Section 7 . 344.581 of the statutes is created to read:
AB737,5,6 5344.581 Peer-to-peer motor vehicle sharing. (1) Definitions. In this
6section:
AB737,5,87 (a) “Motor vehicle sharing agreement” has the meaning given in s. 632.362 (1)
8(b).
AB737,5,99 (b) “Motor vehicle sharing duration” has the meaning given in s. 632.362 (1) (d).
AB737,5,1110 (c) “Peer-to-peer motor vehicle sharing program” has the meaning given in s.
11632.362 (1) (g).
AB737,5,1212 (d) “Shared vehicle driver” has the meaning given in s. 632.362 (1) (h).
AB737,5,1413 (e) Notwithstanding s. 344.01 (2) (cm), “shared vehicle owner” has the meaning
14given in s. 632.362 (1) (i).
AB737,5,18 15(2) Operator's license required. A peer-to-peer motor vehicle sharing
16program may not enter into a motor vehicle sharing agreement with an individual
17who will operate a shared motor vehicle unless the individual satisfies one of the
18following:
AB737,5,2019 (a) Holds an operator's license under ch. 343 that authorizes the individual to
20operate a motor vehicle of the class of the shared motor vehicle.
AB737,5,2121 (b) Is a nonresident of this state who satisfies all of the following:
AB737,5,2422 1. Holds a license issued by the state or country of the individual's residence
23that authorizes the individual to operate a motor vehicle of the class of the shared
24motor vehicle in that state or country.
AB737,5,2525 2. Has attained the age of 18.
AB737,6,10
1(3) Responsibility for certain equipment. A peer-to-peer motor vehicle
2sharing program has sole responsibility for any equipment, including a global
3positioning system or other special equipment, that is put in or on a motor vehicle
4to monitor or facilitate the motor vehicle sharing transaction. The peer-to-peer
5motor vehicle sharing program shall agree to indemnify and hold harmless the
6shared vehicle owner for any damage to or theft of equipment described under this
7subsection during the motor vehicle sharing duration that is not caused by the
8shared vehicle owner. The peer-to-peer motor vehicle sharing program has the right
9to seek indemnity from the shared vehicle driver for any loss or damage to equipment
10described under this subsection during the motor vehicle sharing duration.
AB737,6,14 11(4) Safety recalls. (a) At the time a motor vehicle owner registers as a shared
12vehicle owner through a peer-to-peer motor vehicle sharing program and before the
13shared vehicle owner makes a motor vehicle available for sharing, the peer-to-peer
14motor vehicle sharing program shall do all of the following:
AB737,6,1615 1. Verify that the shared motor vehicle is not the subject of a safety recall for
16which the repairs have not been made.
AB737,6,1717 2. Notify the shared vehicle owner of his or her responsibilities under par. (b).
AB737,6,1918 (b) A shared vehicle owner who receives notice of a safety recall on the shared
19motor vehicle shall do all of the following, as applicable:
AB737,6,2120 1. Refrain from making the motor vehicle available for sharing until the safety
21recall repair has been made.
AB737,6,2522 2. If the shared motor vehicle has been made available for sharing before
23receipt of the notice of recall, remove the vehicle from the peer-to-peer motor vehicle
24sharing program as soon as practicable after receipt of the notice and until the safety
25recall repair has been made.
AB737,7,3
13. If the shared motor vehicle is in possession of a shared vehicle driver at the
2time of receipt of the notice of recall, notify the peer-to-peer motor vehicle sharing
3program of the recall as soon as practicable after receipt of the notice.
AB737,7,8 4(5) Record retention. For each individual who will operate a shared motor
5vehicle under a motor vehicle sharing agreement, a peer-to-peer motor vehicle
6sharing program shall keep a record of the individual's name and address, his or her
7driver's license number, and the state or foreign country that issued the individual's
8driver's license.
AB737,8 9Section 8 . 632.362 of the statutes is created to read:
AB737,7,11 10632.362 Peer-to-peer motor vehicle sharing. (1) Definitions. In this
11section:
AB737,7,1212 (a) “Motor vehicle” has the meaning given in s. 344.01 (2) (b).
AB737,7,1613 (b) “Motor vehicle sharing agreement” means an agreement providing the
14terms and conditions, applicable to a shared vehicle driver and shared vehicle owner,
15that govern the use of a shared motor vehicle through a peer-to-peer motor vehicle
16sharing program.
AB737,7,2017 (c) “Motor vehicle sharing delivery period” means the period during which a
18shared motor vehicle is being delivered to the location of the motor vehicle sharing
19initiation time, if applicable, as documented by the governing motor vehicle sharing
20agreement.
AB737,7,2421 (d) “Motor vehicle sharing duration” means the period that commences with
22the motor vehicle sharing delivery period or, if there is no motor vehicle sharing
23delivery period, that commences with the motor vehicle sharing initiation time and,
24in either case, ends at the motor vehicle sharing termination time.
AB737,8,4
1(e) “Motor vehicle sharing initiation time” means the time when the motor
2vehicle to be shared becomes subject to the control of the shared vehicle driver at or
3after the time the reservation of a shared vehicle is scheduled to begin as documented
4in the records of a peer–to–peer motor vehicle sharing program.
AB737,8,55 (f) “Motor vehicle sharing termination time” means the earliest of the following:
AB737,8,86 1. The expiration of the time agreed upon for the use of the shared motor vehicle
7according to the terms of the motor vehicle sharing agreement, if the shared motor
8vehicle is delivered to the location that is agreed upon in the agreement.
AB737,8,139 2. The time the shared motor vehicle is returned by the shared vehicle driver
10to a location as alternatively agreed upon by the shared vehicle owner and shared
11vehicle driver, as communicated through a peer-to-peer motor vehicle sharing
12program, which alternatively agreed upon location shall be incorporated into the
13motor vehicle sharing agreement.
AB737,8,1514 3. The time the shared vehicle owner or a designee of the shared vehicle owner
15regains possession and control of the shared motor vehicle.
AB737,8,2216 (g) “Peer-to-peer motor vehicle sharing program” means a business platform
17that connects motor vehicle owners with individuals to enable the authorized use of
18a motor vehicle by an individual other than the owner for financial consideration.
19A “peer-to-peer motor vehicle sharing program” is not an establishment primarily
20engaged in the short-term rental of passenger cars without drivers under s. 77.99,
21an establishment primarily engaged in the short-term rental of vehicles without
22drivers under s. 77.995, or a rental company, as defined in s. 344.57 (6).
AB737,9,223 (h) “Shared vehicle driver” means an individual who is authorized to drive a
24shared motor vehicle under a motor vehicle sharing agreement through a

1peer-to-peer motor vehicle sharing program and who is not the shared vehicle
2owner.
AB737,9,93 (i) “Shared vehicle owner” means the registered owner, or a person or entity
4designated by the registered owner, of a motor vehicle that is available for sharing
5through a peer-to-peer motor vehicle sharing program. A “shared vehicle owner”
6is not an establishment primarily engaged in the short-term rental of passenger cars
7without drivers under s. 77.99, an establishment primarily engaged in the
8short-term rental of vehicles without drivers under s. 77.995, or a rental company,
9as defined in s. 344.57 (6).
AB737,9,15 10(2) Insurance coverage during sharing. (a) A peer-to-peer motor vehicle
11sharing program shall, except as provided in par. (b), assume liability of a shared
12vehicle owner for bodily injury or property damage to 3rd parties, or for uninsured
13and underinsured motorist or personal injury protection losses, in amounts stated
14in the motor vehicle sharing agreement that are no less than the amounts specified
15in s. 344.33 (2) during the motor vehicle sharing duration.
AB737,9,1816 (b) Notwithstanding the definition of motor vehicle sharing termination time,
17the assumption of liability under par. (a) does not apply to any shared vehicle owner
18when any of the following occurs:
AB737,9,2119 1. A shared vehicle owner makes an intentional or fraudulent material
20misrepresentation or omission to the peer-to-peer motor vehicle sharing program
21before the motor vehicle sharing duration in which the loss occurred.
AB737,9,2422 2. The shared vehicle owner acts in concert with a shared vehicle driver who
23fails to return the shared vehicle pursuant to the terms of motor vehicle sharing
24agreement.
AB737,10,4
1(c) Notwithstanding the definition of motor vehicle sharing termination time,
2the assumption of liability under par. (a) applies to bodily injury, property damage,
3and uninsured and underinsured motorist or personal injury protection losses by
4damaged 3rd parties as required by s. 344.33 (2).
AB737,10,95 (d) A peer-to-peer motor vehicle sharing program shall ensure that, during
6each motor vehicle sharing duration, the shared vehicle owner and the shared
7vehicle driver are insured under a motor vehicle liability insurance policy that
8provides insurance coverage in amounts no less than the minimum amounts set forth
9in s. 344.33 (2) and satisfies any of the following:
AB737,10,1110 1. Recognizes that the shared vehicle insured under the policy is made
11available and used through a peer-to-peer motor vehicle sharing program.
AB737,10,1212 2. Does not exclude use of a shared motor vehicle by a shared vehicle driver.
AB737,10,1413 (e) The insurance described under par. (d) may be satisfied by motor vehicle
14liability insurance maintained by any of the following:
AB737,10,1515 1. A shared vehicle owner.
AB737,10,1616 2. A shared vehicle driver.
AB737,10,1717 3. A peer-to-peer motor vehicle sharing program.
AB737,10,1918 4. Both a shared vehicle owner, a shared vehicle driver, and a peer-to-peer
19motor vehicle sharing program.
AB737,10,2520 (f) The insurance policy described in par. (e) that is satisfying the insurance
21requirement of par. (d) shall be primary during each motor vehicle sharing duration
22and in the event that a claim occurs in another state with minimum financial
23responsibility limits higher than the amounts specified in s. 344.33 (2), during the
24motor vehicle sharing duration, the coverage maintained under par. (e) shall satisfy
25the difference in minimum coverage amounts, up to the applicable policy limits.
AB737,11,3
1(g) The insurer, insurers, or peer-to-peer motor vehicle sharing program
2providing coverage under pars. (d) and (e) shall assume primary coverage if any of
3the following applies:
AB737,11,64 1. A dispute exists as to who was in control of the shared motor vehicle at the
5time of the loss, and the peer-to-peer motor vehicle sharing program does not have
6available, does not retain, or fails to provide the information specified under sub. (9).
AB737,11,87 2. A dispute exists as to whether the shared vehicle was returned to an
8alternatively agreed upon location specified in the motor vehicle sharing agreement.
AB737,11,149 (h) If insurance maintained by a shared vehicle owner or shared vehicle driver
10in accordance with par. (e) has lapsed or does not provide the coverage required, then
11insurance maintained by the peer-to-peer motor vehicle sharing program shall
12provide the coverage required under par. (d) beginning with the first dollar of the
13claim and shall have the duty to defend the claim except under circumstances
14described in par. (b).
AB737,11,1815 (i) Coverage under an automobile insurance policy maintained by the
16peer-to-peer motor vehicle sharing program may not be dependent on another
17automobile insurer first denying a claim nor shall another automobile insurance
18policy be required to first deny a claim.
AB737,11,1919 (j) Nothing in this section does any of the following:
AB737,11,2320 1. Limits the liability of a peer-to-peer motor vehicle sharing program for any
21act or omission of the peer-to-peer motor vehicle sharing program itself that results
22in injury to any person as a result of the use of a shared vehicle through the
23peer-to-peer motor vehicle sharing program.
AB737,12,324 2. Limits the ability of a peer-to-peer motor vehicle sharing program to seek
25indemnification, under the terms of the agreement, from the shared vehicle owner

1or shared vehicle driver for economic loss sustained by the peer-to-peer motor
2vehicle sharing program resulting from a breach of the terms of the motor vehicle
3sharing agreement.
AB737,12,10 4(3) Insurable interest. A peer-to-peer motor vehicle sharing program shall
5have an insurable interest in a shared motor vehicle during the motor vehicle
6sharing duration. Nothing in this subsection creates liability on the peer-to-peer
7motor vehicle sharing program to maintain the coverage required under sub. (2) (a).
8The peer-to-peer motor vehicle sharing program may own and maintain as the
9named insured one or more policies of motor vehicle liability insurance that provides
10coverage for any of the following:
AB737,12,1211 (a) Liabilities to be assumed by the peer-to-peer motor vehicle sharing
12program under a motor vehicle sharing agreement.
AB737,12,1313 (b) Any liability of the shared vehicle owner.
AB737,12,1414 (c) Damage or loss to the shared motor vehicle.
AB737,12,1515 (d) Any liability of the shared vehicle driver.
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