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.