AB395,,24 (2) Operator’s license required. A peer-to-peer motor vehicle sharing program may not enter into a motor vehicle sharing agreement with an individual who will operate a shared motor vehicle unless the individual satisfies any of the following:

AB395,,25 (a) The individual holds an operator’s license under ch. 343 that authorizes the individual to operate a motor vehicle of the class of the shared motor vehicle.

AB395,,26 (b) The individual is a nonresident of this state who satisfies all of the following:

AB395,,27 1. The individual holds a license issued by the state or country of the individual’s residence that authorizes the individual to operate a motor vehicle of the class of the shared motor vehicle in that state or country.

AB395,,28 2. The individual has attained the age of 18.

AB395,,29 (3) Responsibility for certain equipment. A peer-to-peer motor vehicle sharing program has sole responsibility for any equipment, including a global positioning system or other special equipment, that is put in or on a motor vehicle to monitor or facilitate the motor vehicle sharing transaction. The peer-to-peer motor vehicle sharing program shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of equipment described under this subsection during the motor vehicle sharing duration that is not caused by the shared vehicle owner. The peer-to-peer motor vehicle sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to equipment described under this subsection during the motor vehicle sharing duration.

AB395,,30 (4) Safety recalls. (a) At the time a motor vehicle owner registers as a shared vehicle owner through a peer-to-peer motor vehicle sharing program and before the shared vehicle owner makes a motor vehicle available for sharing, the peer-to-peer motor vehicle sharing program shall do all of the following:

AB395,,31 1. Verify that the shared motor vehicle is not the subject of a safety recall for which the repairs have not been made.

AB395,,32 2. Notify the shared vehicle owner of the shared vehicle owner’s responsibilities under par. (b).

AB395,,33 (b) A shared vehicle owner that receives notice of a safety recall on the shared motor vehicle shall do all of the following, as applicable:

AB395,,34 1. Refrain from making the motor vehicle available for sharing until the safety recall repair has been made.

AB395,,35 2. If the motor vehicle has been made available for sharing before receipt of the notice of recall, remove the motor vehicle from the peer-to-peer motor vehicle sharing program as soon as practicable after receipt of the notice and until the safety recall repair has been made.

AB395,,36 3. If the motor vehicle is in possession of the shared vehicle driver at the time of receipt of the notice of recall, notify the peer-to-peer motor vehicle sharing program of the recall as soon as practicable after receipt of the notice.

AB395,,37 (5) Record retention. For each individual who will operate a shared motor vehicle under a motor vehicle sharing agreement, a peer-to-peer motor vehicle sharing program shall keep a record of the individual’s name and address, the individual’s operator’s license number, and the state or foreign country that issued the individual’s operator’s license.

AB395,8 Section 8. 632.362 of the statutes is created to read:

AB395,,39 632.362 Peer-to-peer motor vehicle sharing. (1) Definitions. In this section:

AB395,,40 (a) “Motor vehicle” has the meaning given in s. 344.01 (2) (b).

AB395,,41 (b) “Motor vehicle sharing agreement” means an agreement providing the terms and conditions, applicable to a shared vehicle driver and shared vehicle owner, that govern the use of a shared motor vehicle through a peer-to-peer motor vehicle sharing program.

AB395,,42 (c) “Motor vehicle sharing delivery period” means the period during which a shared motor vehicle is being delivered to the location of the motor vehicle sharing initiation time, if applicable, as documented by the governing motor vehicle sharing agreement.

AB395,,43 (d) “Motor vehicle sharing duration” means the period that commences with the motor vehicle sharing delivery period or, if there is no motor vehicle sharing delivery period, that commences with the motor vehicle sharing initiation time and, in either case, ends at the motor vehicle sharing termination time.

AB395,,44 (e) “Motor vehicle sharing initiation time” means the time when the motor vehicle to be shared becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared motor vehicle is scheduled to begin as documented in the records of a peer-to-peer motor vehicle sharing program.

AB395,,45 (f) “Motor vehicle sharing termination time” means the earliest of the following:

AB395,,46 1. The expiration of the time agreed upon for the use of the shared motor vehicle according to the terms of the motor vehicle sharing agreement, if the shared motor vehicle is delivered to the location that is specified in the motor vehicle sharing agreement.

AB395,,47 2. The time the shared motor vehicle is returned by the shared vehicle driver to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver, as communicated through a peer-to-peer motor vehicle sharing program, which alternatively agreed upon location shall be incorporated into the motor vehicle sharing agreement.

AB395,,48 3. The time the shared vehicle owner regains possession and control of the shared motor vehicle.

AB395,,49 (g) “Peer-to-peer motor vehicle sharing program” means a business platform that connects motor vehicle owners with individuals to enable the authorized use of a motor vehicle by an individual other than the owner for financial consideration.

AB395,,50 (h) “Shared vehicle driver” means an individual who is authorized to drive a shared motor vehicle under a motor vehicle sharing agreement through a peer-to-peer motor vehicle sharing program and who is not the shared vehicle owner.

AB395,,51 (i) “Shared vehicle owner” means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle that is available for sharing through a peer-to-peer motor vehicle sharing program.

AB395,,52 (2) Insurance coverage during sharing. (a) A peer-to-peer motor vehicle sharing program shall, except as provided in par. (b), assume liability of a shared vehicle owner for bodily injury or property damage to 3rd parties, or for uninsured and underinsured motorist or personal injury protection losses, in amounts stated in the motor vehicle sharing agreement that are no less than the amounts specified in s. 344.33 (2) during the motor vehicle sharing duration.