NY State Senate Bill 2019-S5995

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to insurance
May 16, 2019	referred to insurance

2019-S5995 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add Art 35 §§3501 - 3509, Ins L; add Art 12-C §§220 - 220-o, Gen Bus L; amd §§1160 & 1166-a, Tax L; amd §§311, 312, 312-a & 313, V & T L

2019-S5995 (ACTIVE) - Summary

Enacts the "peer-to-peer car sharing act", which provides guidelines for establishing peer-to-peer car sharing programs and outlines how they shall be insured, which cars shall be used, how drivers shall work under such programs, and how liability should be determined under such programs in the case of an accident or damaged property.

2019-S5995 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5995

SPONSOR: BRESLIN
 
TITLE OF BILL:  An act to amend the insurance law, the general busi-
ness law, the tax law and the vehicle and traffic law, in relation to
enacting the peer-to-peer car sharing program act

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide insurance coverage for vehicle owners and renters participat-
ing in peer-to-peer car sharing programs, and to authorize the terms and
conditions for the establishment and operation of such programs.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the short title: the "peer-to-peer car sharing
program act."

Section 2 adds a new Article 35 to the Insurance Law to provide for the
appropriate insurance coverage for participants in a peer-to-peer car
sharing program. The NYS Department of Financial Services has barred

peer-to-peer car sharing in New York until it is assured that there is
appropriate coverage for all parties participating in a transaction for
the rental of a personal motor vehicle through a peer-to-peer car shar-
ing program. This article establishes the insurance requirements for
doing business as a peer-to-peer car sharing program, the liability of
the program, appropriate exclusions for the personal insurance of a
shared vehicle owner and authorizes the issuance of a group policy or
peer-to-peer car sharing.

Section 3 adds a new Article 12-C to the General Business Law to estab-
lish peer-to-peer car sharing programs as a statutorily authorized busi-
ness in New York and to provide operational terms and consumer
protections appropriate to the rental of a vehicle through a peer-to-
peer car sharing program. These include advertising and rate disclo-
sures, limitations on the use of global positioning data, anti-discrimi-
nation provisions of the GEL (§§ 391-g, 391-1 and 398-b), regulations
for the sale and administration of optional damage waiver products
consistent with the GEL (§ 396-z), and requirements to prevent the
availability of vehicles with open safety recalls consistent with feder-
al law. Additionally, it provides for the electronic, or digital, deliv-
ery of all required consumer notices for any peer-to-peer car sharing
program.

Sections 4 and 5 amend sections 1160 and 1166-a of the Tax Law, respec-
tively, to apply the special tax and supplemental special tax on the
rental of passenger cars expressly to peer-to-peer car sharing.

Section 6 amends sections 311, 312-a and 313 of the Vehicle and Traffic
Law to make conforming changes with the provisions of new Article 35 of
the Insurance Law.

 
JUSTIFICATION:

Peer-to-peer car sharing presents consumers with a decidedly new way to
rent motor vehicles while providing car-owners an opportunity to use
existing resources more efficiently. And like ride-sharing and home-
sharing, public policy should allow it to flourish and challenge the
status-quo. However, new and innovative delivery methods should not
obscure the fact that, at the end of the day, Uber and Lyft are for-hire
car services, AirBNB and VRBO are property rental, and for-profit peer-
to-peer car-sharing platforms are facilitating the rental of private
passenger vehicles. Most jurisdictions have come to the conclusion that
all business models need to operate under the same operational paradigm
when they deliver the same end-product or service. This bill seeks to
strike an appropriate balance by recognizing peer-to-peer car sharing
programs and providing them with the insurance paradigm necessary to
operate in the State. With the enactment of this legislation New Yorkers
will be empowered to place their vehicles for rent through a program
without fear of catastrophic liability exposure, while providing New
York consumers with the same level of consumer protection that applies
to any other vehicle rental transaction.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
90 days after enactment.

2019-S5995 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5995
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, the general business law, the tax law
   and the vehicle and traffic law, in relation to enacting the  peer-to-
   peer car sharing program act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "peer-to-peer car sharing program act".
   §  2.  The insurance law is amended by adding a new article 35 to read
 as follows:
                                 ARTICLE 35
                     PEER-TO-PEER CAR SHARING PROGRAMS
 SECTION 3501. DEFINITIONS.
         3502. REQUIREMENTS FOR DOING BUSINESS.
         3503. PROGRAM LIABILITY.
         3504. LIEN IMPLICATIONS; NOTIFICATION.
         3505. EXCLUSIONS FOR PERSONAL MOTOR VEHICLE LIABILITY  INSURANCE
                 POLICY.
         3506. LIMITATIONS ON CANCELLATION OF COVERAGE.
         3507. CONTRIBUTION AGAINST INDEMNIFICATION.
         3508. INSURABLE INTEREST.
         3509. GROUP INSURANCE FOR PEER-TO-PEER CAR SHARING PROGRAMS.
   §  3501.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PEER-TO-PEER CAR SHARING" SHALL MEAN  THE  AUTHORIZED  USE  OF  A
 SHARED VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A
 PEER-TO-PEER CAR SHARING PROGRAM.
   (B)  "PEER-TO-PEER  CAR  SHARING  PROGRAM" OR "PROGRAM" SHALL MEAN THE
 INSTITUTION, SOLE PROPRIETORSHIP OR  OTHER  ENTITY  OR  PERSON  THAT  IS
 RESPONSIBLE  FOR  OPERATING,  FACILITATING  OR  ADMINISTERING THE MEANS,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11222-02-9

 S. 5995                             2
 
 DIGITAL OR OTHERWISE, BY WHICH A BUSINESS PLATFORM FACILITATES  PEER-TO-
 PEER CAR SHARING FOR FINANCIAL CONSIDERATION.
   (C)  "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT" SHALL
 MEAN THE TERMS AND CONDITIONS THAT GOVERN THE USE OF  A  SHARED  VEHICLE
 THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.
   (D)  "SHARED VEHICLE" SHALL MEAN A MOTOR VEHICLE, OWNED AND REGISTERED
 TO AN INDIVIDUAL THAT IS INSURED OR SUBJECT TO BEING  INSURED  UNDER  AN
 OWNER'S  POLICY  OF  MOTOR VEHICLE LIABILITY INSURANCE INSURING A SINGLE
 INDIVIDUAL, OR INDIVIDUALS RESIDING IN THE SAME HOUSEHOLD AS  THE  NAMED
 INSURED,  THAT IS AVAILABLE FOR SHARING THROUGH A PEER-TO-PEER CAR SHAR-
 ING PROGRAM.
   (E) "SHARED VEHICLE DRIVER" SHALL MEAN  AN  INDIVIDUAL  WHO  HAS  BEEN
 AUTHORIZED  TO  USE  A  SHARED  VEHICLE UNDER A PEER-TO-PEER CAR SHARING
 PROGRAM AGREEMENT.
   (F) "SHARED VEHICLE OWNER" SHALL MEAN A REGISTERED OWNER OF  A  SHARED
 VEHICLE MADE AVAILABLE FOR USE BY SHARED VEHICLE DRIVERS THROUGH A PEER-
 TO-PEER CAR SHARING PROGRAM.
   (G)  "PEER-TO-PEER  CAR SHARING DELIVERY PERIOD" SHALL MEAN THE PERIOD
 OF TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION
 OF THE PEER-TO-PEER CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED
 BY THE GOVERNING PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT.
   (H) "PEER-TO-PEER CAR SHARING START TIME" SHALL MEAN THE TIME WHEN THE
 SHARED VEHICLE BECOMES SUBJECT TO THE  CONTROL  OF  THE  SHARED  VEHICLE
 DRIVER  AT,  OR  AFTER,  THE TIME THE PEER-TO-PEER CAR SHARING PERIOD IS
 SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF  A  PEER-TO-PEER  CAR
 SHARING PROGRAM.
   (I)  "PEER-TO-PEER  CAR  SHARING PERIOD" SHALL MEAN THE PERIOD OF TIME
 THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR  SHARING  DELIVERY  PERIOD
 OR,  IF THERE IS NO PEER-TO-PEER CAR SHARING DELIVERY PERIOD, THE PERIOD
 OF TIME THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR SHARING START TIME
 AND, IN EITHER CASE, SHALL END AT THE PEER-TO-PEER  CAR  SHARING  TERMI-
 NATION TIME.
   (J)  "PEER-TO-PEER  CAR  SHARING TERMINATION TIME" SHALL MEAN THE TIME
 WHEN THE SHARED VEHICLE IS EITHER RETURNED TO THE LOCATION DESIGNATED BY
 THE SHARED VEHICLE OWNER THROUGH A PEER-TO-PEER CAR SHARING PROGRAM,  OR
 THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE OWNER'S AUTHORIZED DESIG-
 NEE  SHALL  TAKE  POSSESSION  AND CONTROL OF THE SHARED VEHICLE, AND THE
 EARLIEST OF THE FOLLOWING OCCURS:
   (1) THE EXPIRATION OF THE AGREED PERIOD OF TIME  ESTABLISHED  FOR  THE
 USE  OF  A  SHARED  VEHICLE  IN  THE  GOVERNING PEER-TO-PEER CAR SHARING
 PROGRAM AGREEMENT; OR
   (2) THE INTENT TO TERMINATE THE USE OF THE SHARED VEHICLE  IS  VERIFI-
 ABLY  COMMUNICATED  BY  THE  SHARED VEHICLE DRIVER TO THE SHARED VEHICLE
 OWNER USING THE PEER-TO-PEER CAR SHARING PROGRAM.
   § 3502. REQUIREMENTS FOR DOING BUSINESS. (A) NO SHARED VEHICLE INSURED
 OR SUBJECT TO BEING INSURED BY ITS REGISTERED OWNER PURSUANT TO A POLICY
 OF INSURANCE SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED  TWENTY-FIVE
 OR  ARTICLE FIFTY-THREE OF THIS CHAPTER SHALL BE CLASSIFIED AS A COMMER-
 CIAL VEHICLE, FOR-HIRE VEHICLE,  PERMISSIVE  USE  VEHICLE,  TAXI-CAB  OR
 LIVERY  SOLELY  BECAUSE  ITS  REGISTERED  OWNER ALLOWS IT TO BE USED FOR
 PEER-TO-PEER CAR SHARING, AS LONG AS ALL OF THE FOLLOWING  CIRCUMSTANCES
 APPLY:
   (1)  THE PEER-TO-PEER CAR SHARING IS COMPLIANT WITH A PEER-TO-PEER CAR
 SHARING PROGRAM AS PROVIDED FOR IN THIS ARTICLE;

 S. 5995                             3
 
   (2) THE REGISTERED OWNER OF THE  SHARED  VEHICLE  DOES  NOT  KNOWINGLY
 PLACE  THE  VEHICLE INTO USE AS A COMMERCIAL VEHICLE OR AS A VEHICLE FOR
 HIRE BY A SHARED DRIVER WHILE ENGAGED IN PEER-TO-PEER CAR SHARING; AND
   (3)  THE  NUMBER OF SHARED VEHICLES A SINGLE INDIVIDUAL OR INDIVIDUALS
 RESIDING IN THE SAME HOUSEHOLD MAY ENROLL IN ANY PEER-TO-PEER CAR  SHAR-
 ING PROGRAM, OR COMBINATION OF PROGRAMS, DOES NOT EXCEED FOUR VEHICLES.
   (B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL, DURING EACH PEER-TO-PEER
 CAR  SHARING  PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE
 OF, DO ALL OF THE FOLLOWING:
   (1) ENSURE FINANCIAL SECURITY FOR THE SHARED VEHICLE IS MAINTAINED  BY
 THE  SHARED  VEHICLE  OWNER, THE SHARED VEHICLE DRIVER, THE PEER-TO-PEER
 CAR SHARING PROGRAM, OR ANY COMBINATION OF THE  AFOREMENTIONED,  IN  THE
 FORM OF:
   (I) A POLICY OF LIABILITY INSURANCE THAT:
   (A)  RECOGNIZES  THAT  THE  SHARED VEHICLE INSURED UNDER THE POLICY IS
 MADE AVAILABLE AND USED THROUGH A PEER-TO-PEER CAR SHARING PROGRAM; AND
   (B) PROVIDES INSURANCE COVERAGE IN AMOUNTS NO LESS  THAN  THE  MINIMUM
 AMOUNTS  PROVIDED  BY  SECTION  THREE HUNDRED SEVENTY OF THE VEHICLE AND
 TRAFFIC LAW, ARTICLE FIFTY-ONE OF THIS CHAPTER, AND OTHER  LAWS  OF  THE
 STATE  WITH RESPECT TO MANDATORY LIABILITY COVERAGE, UNINSURED AND UNDE-
 RINSURED COVERAGE, AND FIRST-PARTY BENEFITS COVERAGE AS MAY  BE  ENACTED
 FROM TIME TO TIME; OR
   (II)  A FINANCIAL SECURITY BOND, FINANCIAL SECURITY DEPOSIT, OR QUALI-
 FICATION AS A SELF-INSURER AS SET FORTH IS SECTION THREE HUNDRED  TWELVE
 OF THE VEHICLE AND TRAFFIC LAW;
   (2) OFFER SHARED VEHICLE OWNERS COMPREHENSIVE AND COLLISION PROTECTION
 FOR  LOSS  OR  DAMAGE  TO THE SHARED VEHICLE DURING THE PEER-TO-PEER CAR
 SHARING PERIOD AS DESCRIBED IN SUBSECTIONS (D), (E) AND (F)  OF  SECTION
 THREE THOUSAND FIVE HUNDRED NINE OF THIS ARTICLE;
   (3)  PROVIDE  SHARED  VEHICLE OWNERS WITH SUITABLE PROOF OF COMPLIANCE
 WITH THE INSURANCE REQUIREMENTS OF THIS  SECTION,  THE  REQUIREMENTS  OF
 SECTIONS  THREE HUNDRED ELEVEN AND THREE HUNDRED FORTY-FIVE OF THE VEHI-
 CLE AND TRAFFIC LAW, AND ARTICLE FIFTY-ONE OF THIS CHAPTER,  A  COPY  OF
 WHICH  SHALL BE MADE AVAILABLE IN THE SHARED VEHICLE BY THE SHARED VEHI-
 CLE OWNER DURING THE TIME THE SHARED VEHICLE IS ENGAGED IN  PEER-TO-PEER
 CAR SHARING;
   (4) PROHIBIT THE SHARED VEHICLE FROM BEING OPERATED FOR COMMERCIAL USE
 OR AS A VEHICLE FOR HIRE WHILE THE SHARED VEHICLE IS ENGAGED IN PEER-TO-
 PEER CAR SHARING;
   (5)  PROVIDE  THE  FOLLOWING  FOR EACH SHARED VEHICLE DRIVER, FOR EACH
 PEER-TO-PEER CAR SHARING PERIOD:
   (I) AN INSURANCE IDENTIFICATION CARD AS DEFINED IN SUBDIVISION TEN  OF
 SECTION  THREE  HUNDRED  ELEVEN OF THE VEHICLE AND TRAFFIC LAW, OR OTHER
 DOCUMENTATION WHICH SHALL BE CARRIED IN THE VEHICLE AT ALL TIMES  DURING
 THE  PEER-TO-PEER  CAR  SHARING PERIOD AND CLEARLY DEMONSTRATES THAT THE
 FINANCIAL SECURITY REFERRED TO IN PARAGRAPH ONE OF THIS SUBSECTION IS IN
 FULL FORCE AND EFFECT; AND
   (II) A TOLL-FREE NUMBER, EMAIL ADDRESS, OR OTHER SUCH FORM OF COMMUNI-
 CATION BY WHICH A LAW ENFORCEMENT POLICE OFFICER, REPRESENTATIVE OF  THE
 DEPARTMENT  OF  MOTOR  VEHICLES,  OR  OTHER OFFICER OF THIS STATE OR ANY
 POLITICAL SUBDIVISION THEREOF MAY CONFIRM, IN REAL TIME, THAT THE FINAN-
 CIAL SECURITY PROVIDED FOR IN PARAGRAPH ONE OF  THIS  SUBSECTION  IS  IN
 FULL FORCE AND EFFECT;
   (6)  REQUIRE THAT VEHICLES MADE AVAILABLE FOR PEER-TO-PEER CAR SHARING
 THROUGH THE PROGRAM ARE LIMITED TO SHARED VEHICLES;

 S. 5995                             4
 
   (7) COLLECT, MAINTAIN FOR A TIME PERIOD NOT LESS THAN  THE  APPLICABLE
 STATUTE  OF  LIMITATIONS  ON  PERSONAL INJURY, AND MAKE AVAILABLE TO THE
 SHARED VEHICLE OWNER, THE SHARED VEHICLE OWNER'S PERSONAL MOTOR  VEHICLE
 LIABILITY INSURER, THE SHARED VEHICLE DRIVER'S PRIMARY AUTOMOBILE INSUR-
 ER,  ANY  EXCESS  OR  UMBRELLA  INSURERS,  AND  ANY GOVERNMENT AGENCY AS
 REQUIRED BY LAW, WITHIN TEN BUSINESS DAYS OF A REQUEST AT  THE  COST  OF
 THE  PROGRAM,  THE  FOLLOWING  INFORMATION PERTAINING TO INCIDENTS WHICH
 OCCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD:
   (I) VERIFIABLE RECORDS OF THE PEER-TO-PEER CAR SHARING PERIOD FOR EACH
 SHARED VEHICLE, AND  TO  THE  EXTENT  AVAILABLE,  VERIFIABLE  ELECTRONIC
 RECORDS  OF  THE  TIME,  INITIAL AND FINAL LOCATIONS OF THE VEHICLE, AND
 MILES DRIVEN; AND
   (II) IN INSTANCES WHERE AN INSURANCE CLAIM HAS BEEN FILED WITH A GROUP
 INSURER, ANY AND ALL INFORMATION RELEVANT TO THE  CLAIM,  INCLUDING  BUT
 NOT  LIMITED  TO,  PAYMENTS BY THE PROGRAM CONCERNING ACCIDENTS, DAMAGES
 AND INJURIES; AND
   (8) ENSURE THAT THE SHARED VEHICLE OWNER AND THE SHARED VEHICLE DRIVER
 ARE GIVEN NOTICE PRIOR TO THE FIRST USE AND FIRST OPERATION OF A  SHARED
 VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT THAT:
   (I)  DURING  THE  PEER-TO-PEER  CAR SHARING PERIOD, THE SHARED VEHICLE
 OWNER'S PERSONAL MOTOR VEHICLE LIABILITY INSURER MAY EXCLUDE ANY AND ALL
 COVERAGE AFFORDED UNDER ITS POLICY AND THE SHARED VEHICLE OWNER'S INSUR-
 ER SHALL HAVE THE RIGHT TO NOTIFY ITS INSURED THAT IT SHALL HAVE NO DUTY
 TO INDEMNIFY OR DEFEND ANY PERSON OR ORGANIZATION FOR LIABILITY FOR  ANY
 LOSS THAT OCCURS DURING THE PEER-TO-PEER CAR SHARING PERIOD; AND
   (II)  ANY  FINANCIAL  SECURITY,  OR PHYSICAL DAMAGE PROTECTION OFFERED
 PURSUANT TO PARAGRAPH TWO OF SUBSECTION (B) OF THIS SECTION, PROVIDED BY
 THE PEER-TO-PEER CAR SHARING PROGRAM MAY NOT BE VALID OR COLLECTIBLE FOR
 DAMAGES OR LOSSES THAT OCCUR OUTSIDE OF  THE  PEER-TO-PEER  CAR  SHARING
 PERIOD.
   §  3503. PROGRAM LIABILITY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, OR ANY PROVISION IN A SHARED VEHICLE OWNER'S POLICY OF MOTOR  VEHI-
 CLE  LIABILITY  INSURANCE,  IN  THE EVENT OF A LOSS OR INJURY THAT SHALL
 OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE  PEER-TO-PEER  CAR
 SHARING  PROGRAM  SHALL  BE  DEEMED  THE OWNER OF THE SHARED VEHICLE AND
 SHALL BE LIABLE FOR ANY BODILY INJURY, DEATH, OR DAMAGE TO  PROPERTY  IN
 AMOUNTS  NOT  TO  EXCEED  THOSE  STATED  IN THE PEER-TO-PEER CAR SHARING
 PROGRAM AGREEMENT AND NOT LESS THAN THOSE AMOUNTS SET FORTH  IN  SECTION
 THREE  HUNDRED  SEVENTY OF THE VEHICLE AND TRAFFIC LAW, AND THE PEER-TO-
 PEER CAR SHARING PROGRAM SHALL RETAIN SUCH LIABILITY IRRESPECTIVE  OF  A
 LAPSE  IN THE GROUP POLICY OR ANY OTHER INSURANCE POLICY UNDER WHICH THE
 PROGRAM IS INSURED, OR WHETHER SUCH LIABILITY IS COVERED UNDER THE GROUP
 POLICY OR ANY INSURANCE POLICY UNDER WHICH THE PROGRAM IS INSURED.
   (B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL BE LIABLE  FOR  A  SHARED
 VEHICLE DURING THE PEER-TO-PEER CAR SHARING PERIOD.
   (C)  IF  INSURANCE  MAINTAINED BY A SHARED VEHICLE OWNER OR SHARED CAR
 DRIVER PURSUANT TO PARAGRAPH ONE OF  SUBSECTION  (B)  OF  SECTION  THREE
 THOUSAND  FIVE  HUNDRED  TWO  OF  THIS  ARTICLE  HAS LAPSED OR SHALL NOT
 PROVIDE THE REQUIRED COVERAGE,  THE  PEER-TO-PEER  CAR  SHARING  PROGRAM
 SHALL PROVIDE FINANCIAL SECURITY REQUIRED BY PARAGRAPH ONE OF SUBSECTION
 (B)  OF  SECTION  THREE  THOUSAND  FIVE HUNDRED TWO OF THIS ARTICLE ON A
 PRIMARY BASIS.
   (D) A PEER-TO-PEER CAR SHARING PROGRAM SHALL ASSUME  LIABILITY  FOR  A
 CLAIM  IN  WHICH  A  DISPUTE  EXISTS REGARDING WHO WAS IN CONTROL OF THE
 VEHICLE WHEN THE LOSS OCCURRED GIVING RISE TO SUCH CLAIM, AND THE SHARED
 VEHICLE OWNER'S PRIVATE MOTOR VEHICLE INSURER SHALL INDEMNIFY THE  PEER-

 S. 5995                             5
 
 TO-PEER  CAR  SHARING  PROGRAM TO THE EXTENT OF ITS OBLIGATION UNDER THE
 APPLICABLE INSURANCE POLICY, IF IT IS DETERMINED THAT THE LOSS  OCCURRED
 OUTSIDE OF THE PEER-TO-PEER CAR SHARING PERIOD.
   (E)  IN  THE EVENT THAT THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE
 OWNER'S PERSONAL MOTOR VEHICLE INSURER IS NAMED  AS  A  DEFENDANT  IN  A
 CIVIL ACTION FOR A LOSS OR INJURY THAT OCCURS DURING ANY TIME WITHIN THE
 PEER-TO-PEER  CAR  SHARING  PERIOD,  OR OTHERWISE UNDER THE CONTROL OF A
 PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-TO-PEER CAR  SHARING  PROGRAM
 SHALL HAVE THE DUTY TO INDEMNIFY THE SHARED VEHICLE OWNER AND THE SHARED
 VEHICLE  OWNER'S  INSURER  SUBJECT TO THE PROVISIONS OF PARAGRAPH TWO OF
 SUBSECTION (A) OF SECTION THREE THOUSAND FIVE HUNDRED ONE OF THIS  ARTI-
 CLE.
   (F)  A  MOTOR  VEHICLE  LIABILITY INSURER WHO DEFENDS OR INDEMNIFIES A
 CLAIM AGAINST A SHARED VEHICLE WHICH IS EXCLUDED UNDER THE TERMS OF  ITS
 POLICY  SHALL  HAVE  THE RIGHT TO SEEK CONTRIBUTION AGAINST THE PEER-TO-
 PEER CAR SHARING PROGRAM OR ITS INSURER IF THE CLAIM IS:
   (1) MADE AGAINST THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER
 FOR LOSS OR INJURY WHICH OCCURS DURING THE CAR SHARING PERIOD; AND
   (2) EXCLUDED UNDER THE TERMS OF ITS POLICY.
   (G) A PEER-TO-PEER CAR SHARING PROGRAM MAY  CONTRACTUALLY  ASSUME  THE
 RISK  OF  LOSS DUE TO PHYSICAL DAMAGE TO SHARED VEHICLES DURING THE TIME
 THAT SUCH SHARED VEHICLES ARE IN THE CUSTODY OF THE SHARED VEHICLE DRIV-
 ER OF PEER-TO-PEER CAR SHARING PROGRAM,  AND  THAT  SUCH  ASSUMPTION  OF
 RISK:
   (1) SHALL NOT BE DEEMED TO BE PHYSICAL DAMAGE INSURANCE; AND
   (2) SHALL BE PROVIDED UNDER THE TERMS SET FORTH IN SECTION TWO HUNDRED
 TWENTY-H OF THE GENERAL BUSINESS LAW.
   §  3504.  LIEN  IMPLICATIONS; NOTIFICATION. WHEN A VEHICLE OWNER FIRST
 REGISTERS AS A SHARED  VEHICLE  OWNER  ON  A  PEER-TO-PEER  CAR  SHARING
 PROGRAM  AND PRIOR TO SUCH TIME AS WHEN 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
 NOTIFY THE SHARED VEHICLE OWNER THAT, IF THE SHARED VEHICLE SHALL HAVE A
 LIEN AGAINST IT, THE USE OF THE SHARED VEHICLE  THROUGH  A  PEER-TO-PEER
 CAR SHARING PROGRAM, INCLUDING USE WITHOUT PHYSICAL DAMAGE COVERAGE, MAY
 VIOLATE THE TERMS OF THE CONTRACT WITH THE LIENHOLDER.
   §  3505.  EXCLUSIONS  FOR  PERSONAL  MOTOR VEHICLE LIABILITY INSURANCE
 POLICY. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,
 WHILE A SHARED VEHICLE IS USED BY OR UNDER THE CONTROL OF A SHARED VEHI-
 CLE  DRIVER  PURSUANT  TO  THE PEER-TO-PEER CAR SHARING FACILITATED BY A
 PEER-TO-PEER CAR SHARING PROGRAM, ALL OF THE FOLLOWING SHALL APPLY:
   (1) THE INSURER OF THE SHARED VEHICLE ON FILE WITH THE  DEPARTMENT  OF
 MOTOR  VEHICLES  MAY  EXCLUDE  ANY AND ALL COVERAGE FOR LIABILITY, UNIN-
 SURED, UNDERINSURED, COLLISION PHYSICAL DAMAGE AND  COMPREHENSIVE  PHYS-
 ICAL  DAMAGE  BENEFITS  AND  FIRST-PARTY  BENEFITS THAT MAY OTHERWISE BE
 AFFORDED PURSUANT TO ITS POLICY; AND
   (2) THE SHARED VEHICLE  OWNER'S  PERSONAL  MOTOR  VEHICLE  INSURER  OR
 INSURERS  SHALL  HAVE  THE  RIGHT TO NOTIFY THE INSURED THAT THERE IS NO
 DUTY TO DEFEND OR INDEMNIFY ANY PERSON OR ORGANIZATION FOR THE LIABILITY
 FOR ANY LOSS THAT SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING  PERI-
 OD.
   (B)  NOTHING  IN  THIS  ARTICLE SHALL INVALIDATE OR LIMIT AN EXCLUSION
 CONTAINED IN A MOTOR VEHICLE LIABILITY INSURANCE POLICY,  INCLUDING  ANY
 INSURANCE  POLICY IN USE OR APPROVED FOR USE THAT SHALL EXCLUDE COVERAGE
 FOR MOTOR VEHICLES MADE AVAILABLE FOR RENT, SHARING, HIRE OR  ANY  BUSI-
 NESS USE.

 S. 5995                             6
 
   §  3506.  LIMITATIONS  ON  CANCELLATION  OF  COVERAGE. (A) ANY VEHICLE
 OWNER'S POLICY OF INSURANCE WHICH IS SUBJECT TO SECTION  THREE  THOUSAND
 FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER SHALL NOT BE CANCELLED, VOIDED,
 TERMINATED, RESCINDED OR NON-RENEWED SOLELY ON THE BASIS THAT THE SHARED
 VEHICLE HAS BEEN MADE AVAILABLE FOR PEER-TO-PEER CAR SHARING PURSUANT TO
 A  PEER-TO-PEER  CAR  SHARING  PROGRAM  THAT  IS  IN COMPLIANCE WITH THE
 PROVISIONS OF THIS ARTICLE, PROVIDED HOWEVER, THAT:
   (1) THE PROVISIONS OF THIS SUBSECTION SHALL NOT PERTAIN  TO  NON-RENE-
 WALS  IN  ACCORDANCE  WITH  THE  PROVISIONS OF SUBSECTION (F) OF SECTION
 THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER;
   (2) AN INSURER MAY REFUSE TO ENROLL A SHARED VEHICLE IN A  USAGE-BASED
 INSURANCE  PROGRAM, WHERE SUCH USAGE-BASED INSURANCE PROGRAM CONTINUALLY
 MONITORS USAGE ELECTRONICALLY TO DETERMINE ACCELERATION, BRAKING,  MILES
 DRIVEN  AND OTHER INDICIA OF DRIVING BEHAVIOR, IF THAT SHARED VEHICLE IS
 USED IN A PEER-TO-PEER CAR SHARING PROGRAM UNDER THIS ARTICLE;
   (3) AN INSURER MAY CANCEL OR NON-RENEW A POLICY THAT INSURES A  SHARED
 VEHICLE  USED  IN  PEER-TO-PEER  CAR  SHARING, IF THAT SHARED VEHICLE IS
 ENROLLED IN SUCH A USAGE-BASED INSURANCE PROGRAM; AND
   (4) AN INSURER SHALL IMMEDIATELY OFFER THE INSURED A NEW  POLICY  WITH
 THE  SAME  COVERAGES  AND  PRE-EXISTING RATES, BUT WITHOUT ENROLLMENT IN
 SUCH USAGE-BASED INSURANCE PROGRAM.
   (B) AN INSURER MAY LIMIT THE NUMBER OF VEHICLES WHICH  SHALL  BE  MADE
 AVAILABLE  FOR SHARING THROUGH ANY COMBINATION OF PEER-TO-PEER CAR SHAR-
 ING PROGRAMS THAT IT SHALL INSURE ON A SINGLE POLICY.
   § 3507. CONTRIBUTION AGAINST INDEMNIFICATION. A MOTOR VEHICLE  INSURER
 THAT  SHALL  DEFEND  OR INDEMNIFY A CLAIM AGAINST A SHARED VEHICLE WHICH
 SHALL BE EXCLUDED UNDER THE TERMS OF ITS POLICY SHALL HAVE THE RIGHT  TO
 SEEK  CONTRIBUTION AGAINST THE MOTOR VEHICLE INSURER OF THE PEER-TO-PEER
 CAR SHARING PROGRAM IF THE CLAIM IS BOTH:
   (A) MADE AGAINST THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER
 FOR LOSS OR INJURY WHICH SHALL OCCUR DURING THE CAR SHARING PERIOD; AND
   (B) EXCLUDED UNDER THE TERMS OF ITS POLICY.
   § 3508. INSURABLE INTEREST. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW TO THE CONTRARY, A PEER-TO-PEER CAR SHARING PROGRAM  SHALL  HAVE  AN
 INSURABLE INTEREST IN A SHARED VEHICLE DURING THE PEER-TO-PEER CAR SHAR-
 ING PERIOD.
   (B)  NOTHING IN THIS SECTION SHALL CREATE AN OBLIGATION FOR A PEER-TO-
 PEER CAR SHARING PROGRAM TO PROVIDE INSURANCE BEYOND THE REQUIREMENT  TO
 ENSURE  FINANCIAL  SECURITY PURSUANT TO THE PROVISIONS OF SUBSECTION (B)
 OF SECTION THREE THOUSAND FIVE HUNDRED TWO OF THIS ARTICLE.
   § 3509. GROUP INSURANCE FOR PEER-TO-PEER CAR SHARING PROGRAMS.  (A) AN
 INSURER WHO IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN  THE  STATE  MAY
 ISSUE,  OR ISSUE FOR DELIVERY IN THIS STATE, A GROUP POLICY OF LIABILITY
 AND PROPERTY AND  CASUALTY  INSURANCE  TO  A  PEER-TO-PEER  CAR  SHARING
 PROGRAM TO INSURE SUCH PEER-TO-PEER CAR SHARING PROGRAM, SHARED VEHICLES
 UNDER  THE  TERMS  AND  CONDITIONS  OF  PEER-TO-PEER CAR SHARING PROGRAM
 AGREEMENTS, SHARED VEHICLE DRIVERS AND OCCUPANTS OF SHARED VEHICLES,  AS
 WELL  AS  THE  PROGRAM'S  AGENTS,  EMPLOYEES,  DIRECTORS,  OFFICERS  AND
 ASSIGNS, AS LONG AS THE FOLLOWING REQUIREMENTS ARE MET:
   (1) SUCH POLICY SHALL PROVIDE FIRST PARTY COVERAGE,  LIABILITY  COVER-
 AGE,  PROPERTY COVERAGE, COMPREHENSIVE COVERAGE, COLLISION COVERAGE, AND
 UNINSURED/UNDERINSURED MOTORIST COVERAGE FOR A SHARED  VEHICLE  AND  ITS
 AUTHORIZED OPERATORS AND OCCUPANTS FOR CLAIMS AND DAMAGES RESULTING FROM
 THE  USE OR OPERATION OF SUCH SHARED VEHICLE DURING THE PEER-TO-PEER CAR
 SHARING PERIOD;

 S. 5995                             7

   (2) SUCH POLICY SHALL BE PRIMARY WITH RESPECT TO ANY  OTHER  INSURANCE
 AVAILABLE TO THE SHARED VEHICLE OWNER, SHARED DRIVER OR ANY OTHER OPERA-
 TOR OF THE SHARED VEHICLE;
   (3)  SUCH  INSURER  SHALL COMPLY WITH THE PROVISIONS OF SECTIONS THREE
 HUNDRED TWELVE-A AND SECTION THREE HUNDRED THIRTEEN OF THE  VEHICLE  AND
 TRAFFIC LAW; AND
   (4)  FOR  THE  PURPOSES  OF GROUP INSURANCE WRITTEN UNDER THIS SECTION
 ONLY, THE RATES CHARGED BY AN INSURER FOR GROUP LIABILITY  INSURANCE  AS
 PROVIDED  FOR  IN  THIS  SECTION  SHALL  BE FILED WITH THE DEPARTMENT OF
 FINANCIAL SERVICES ON A FILE AND USE BASIS.
   (B)  AN  INSURER  WHICH  ISSUES  AN  INSURANCE  POLICY  DESCRIBED   IN
 SUBSECTION  (A)  OF THIS SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE
 PEER-TO-PEER CAR SHARING PROGRAM AS THE  NAMED  INSURED,  AND  ANY  SUCH
 POLICY  SHALL  INCLUDE A PROVISION THAT PROVIDES COVERAGE, WITHOUT PRIOR
 NOTICE TO THE INSURER, FOR ALL SHARED VEHICLES DURING  THE  PEER-TO-PEER
 CAR  SHARING  PERIOD. SUCH POLICY SHALL FURTHER INCLUDE A PROVISION THAT
 THE SHARED VEHICLE  DRIVERS,  AUTHORIZED  OPERATORS  AND  OCCUPANTS  ARE
 INCLUDED AS INSUREDS UNDER THE POLICY TO THE SAME EXTENT THAT THEY WOULD
 BE  INSURED UNDER A PRIVATE PASSENGER MOTOR VEHICLE POLICY ISSUED PURSU-
 ANT TO SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF  THIS  CHAPTER
 AND SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
   (C)  A GROUP POLICY AS PROVIDED FOR IN SUBSECTIONS (A) AND (B) OF THIS
 SECTION SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS  OF  THIS
 ARTICLE.
   (D)  AN  INSURER  WHO  IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS IN THE
 STATE MAY ISSUE A GROUP POLICY OF PHYSICAL DAMAGE INSURANCE TO  A  PEER-
 TO-PEER  CAR  SHARING PROGRAM AND TO SHARED VEHICLE OWNERS PARTICIPATING
 IN THE PROGRAM, TO INSURE AGAINST LOSS DUE TO PHYSICAL DAMAGE TO  SHARED
 VEHICLES  WHILE  THE SHARED VEHICLES ARE IN THE CUSTODY OF SUCH PEER-TO-
 PEER CAR SHARING PROGRAM OR A SHARED VEHICLE DRIVER. SUCH  GROUP  POLICY
 SHALL PROVIDE PRIMARY COVERAGE FOR PHYSICAL DAMAGE LOSS EITHER BY COLLI-
 SION  COVERAGE,  COMPREHENSIVE  COVERAGE, OR BOTH, TO THE SHARED VEHICLE
 WHILE IT SHALL BE IN THE CUSTODY OF THE PEER-TO-PEER CAR SHARING PROGRAM
 OR SHARED VEHICLE DRIVER.
   (E) IF THE GROUP COVERAGE PROVIDED  FOR  IN  SUBSECTION  (D)  OF  THIS
 SECTION SHALL BE PLACED WITH AN ELIGIBLE EXCESS LINE INSURER, COMPLIANCE
 WITH  THE  EXCESS  LINE  STATUTES AND REGULATIONS OF THIS STATE SHALL BE
 PERFORMED WITH RESPECT TO THE GROUP AS A WHOLE AND NOT WITH  RESPECT  TO
 INDIVIDUAL GROUP MEMBERS.
   (F)  AN  INSURER  WHO  ISSUES  A  GROUP  INSURANCE POLICY DESCRIBED IN
 SUBSECTION (D) OF THIS SECTION SHALL ISSUE SUCH POLICY  IDENTIFYING  THE
 PEER-TO-PEER  CAR  SHARING  PROGRAM  AS  THE NAMED INSURED, AND ANY SUCH
 POLICY SHALL INCLUDE A PROVISION THAT PROVIDES PRIMARY COVERAGE, WITHOUT
 PRIOR NOTICE TO THE INSURER, FOR ALL SHARED VEHICLES DURING THE PEER-TO-
 PEER CAR SHARING PERIOD. SUCH POLICY SHALL ALSO INCLUDE A PROVISION THAT
 CLAIMS SHALL BE ADJUSTED PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED
 TWELVE OF THIS CHAPTER, AND IT SHALL  FURTHER  INCLUDE  PHYSICAL  DAMAGE
 COVERAGE  FOR  DAMAGE OR LOSS TO THE SHARED VEHICLE THAT SHALL HAVE BEEN
 INCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD AT A LEVEL  NO  LESS
 THAN THAT OF THE AMOUNT OF THIRD PARTY PHYSICAL DAMAGE COVERAGE.
   (G)  A  GROUP POLICY, AS PROVIDED FOR IN SUBSECTIONS (D), (E), AND (F)
 OF THIS SECTION, SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE  PROVISIONS
 OF THIS SECTION.
   (H)  A  GROUP  POLICY,  AS  PROVIDED FOR IN THIS SECTION, SHALL NOT BE
 DEPENDENT ON A PERSONAL MOTOR VEHICLE LIABILITY INSURER FIRST DENYING  A
 CLAIM,  NOR  SHALL A PERSONAL MOTOR VEHICLE INSURANCE POLICY BE REQUIRED

 S. 5995                             8
 
 TO FIRST DENY A CLAIM BEFORE THE  GROUP  POLICY  SHALL  AFFORD  COVERAGE
 PURSUANT TO THIS SECTION.
   §  3. The general business law is amended by adding a new article 12-C
 to read as follows:
                                ARTICLE 12-C
                     PEER-TO-PEER CAR SHARING PROGRAMS
 SECTION 220. DEFINITIONS.
         220-A. DISCLOSURES.
         220-B. DRIVER'S LICENSE VERIFICATION; DATA RETENTION.
         220-C. RESPONSIBILITY FOR EQUIPMENT.
         220-D. SAFETY RECALLS.
         220-E. DISCRIMINATION BASED ON AGE PROHIBITED.
         220-F. DISCRIMINATION ON THE  BASIS  OF  CREDIT  CARD  OWNERSHIP
                 PROHIBITED.
         220-G. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED.
         220-H. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS.
         220-I. RATE DISCLOSURES.
         220-J. GEOGRAPHICAL DISCRIMINATION PROHIBITED.
         220-K. GLOBAL POSITIONING SYSTEMS.
         220-L. NOTICE.
         220-M. ELECTRONIC NOTICE AUTHORIZED.
         220-N. AIRPORT TRANSACTIONS.
         220-O. ENFORCEMENT.
   § 220. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "PEER-TO-PEER  CAR  SHARING"  SHALL  MEAN  THE AUTHORIZED USE OF A
 SHARED VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A
 PEER-TO-PEER CAR SHARING PROGRAM.
   2. "PEER-TO-PEER CAR SHARING PROGRAM"  OR  "PROGRAM"  SHALL  MEAN  THE
 INSTITUTION,  AS  DEFINED  IN SECTION ONE HUNDRED SEVEN OF THE INSURANCE
 LAW, SOLE PROPRIETORSHIP OR OTHER ENTITY OR PERSON THAT  IS  RESPONSIBLE
 FOR  OPERATING,  FACILITATING  OR  ADMINISTERING  THE  MEANS, DIGITAL OR
 OTHERWISE, BY WHICH A BUSINESS  PLATFORM  FACILITATES  PEER-TO-PEER  CAR
 SHARING FOR FINANCIAL CONSIDERATION.
   3.  "PEER-TO-PEER  CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT" SHALL
 MEAN THE TERMS AND CONDITIONS THAT GOVERN THE USE OF  A  SHARED  VEHICLE
 THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.
   4.  "SHARED  VEHICLE" SHALL MEAN A MOTOR VEHICLE, OWNED AND REGISTERED
 TO AN INDIVIDUAL THAT IS INSURED OR SUBJECT TO BEING  INSURED  UNDER  AN
 OWNER'S  POLICY  OF  MOTOR VEHICLE LIABILITY INSURANCE INSURING A SINGLE
 INDIVIDUAL, OR INDIVIDUALS RESIDING IN THE SAME HOUSEHOLD AS  THE  NAMED
 INSURED,  THAT IS AVAILABLE FOR SHARING THROUGH A PEER-TO-PEER CAR SHAR-
 ING PROGRAM.
   5. "SHARED VEHICLE DRIVER" SHALL  MEAN  AN  INDIVIDUAL  WHO  HAS  BEEN
 AUTHORIZED  TO  USE  A  SHARED  VEHICLE UNDER A PEER-TO-PEER CAR SHARING
 PROGRAM AGREEMENT.
   6. "SHARED VEHICLE OWNER" SHALL MEAN A REGISTERED OWNER  OF  A  SHARED
 VEHICLE MADE AVAILABLE FOR USE BY SHARED VEHICLE DRIVERS THROUGH A PEER-
 TO-PEER CAR SHARING PROGRAM.
   7. "PEER-TO-PEER CAR SHARING DELIVERY PERIOD" SHALL MEAN THE PERIOD OF
 TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION OF
 THE PEER-TO-PEER CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED BY
 THE GOVERNING PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT.
   8.  "PEER-TO-PEER CAR SHARING START TIME" SHALL MEAN THE TIME WHEN THE
 SHARED VEHICLE BECOMES SUBJECT TO THE  CONTROL  OF  THE  SHARED  VEHICLE
 DRIVER  AT,  OR  AFTER,  THE TIME THE PEER-TO-PEER CAR SHARING PERIOD IS

 S. 5995                             9
 
 SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF  A  PEER-TO-PEER  CAR
 SHARING PROGRAM.
   9.  "PEER-TO-PEER  CAR  SHARING  PERIOD" SHALL MEAN THE PERIOD OF TIME
 THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR  SHARING  DELIVERY  PERIOD
 OR,  IF THERE IS NO PEER-TO-PEER CAR SHARING DELIVERY PERIOD, THE PERIOD
 OF TIME THAT SHALL COMMENCE WITH THE PEER-TO-PEER CAR SHARING START TIME
 AND IN EITHER CASE SHALL END AT THE PEER-TO-PEER CAR SHARING TERMINATION
 TIME.
   10. "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL  MEAN  THE  TIME
 WHEN THE SHARED VEHICLE IS EITHER RETURNED TO THE LOCATION DESIGNATED BY
 THE  SHARED VEHICLE OWNER THROUGH A PEER-TO-PEER CAR SHARING PROGRAM, OR
 THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE OWNER'S AUTHORIZED DESIG-
 NEE SHALL TAKE POSSESSION AND CONTROL OF THE  SHARED  VEHICLE,  AND  THE
 EARLIEST OF THE FOLLOWING OCCURS:
   (A)  THE  EXPIRATION  OF THE AGREED PERIOD OF TIME ESTABLISHED FOR THE
 USE OF A SHARED  VEHICLE  IN  THE  GOVERNING  PEER-TO-PEER  CAR  SHARING
 PROGRAM AGREEMENT; OR
   (B)  THE  INTENT TO TERMINATE THE USE OF THE SHARED VEHICLE IS VERIFI-
 ABLY COMMUNICATED BY THE SHARED VEHICLE DRIVER  TO  THE  SHARED  VEHICLE
 OWNER USING THE PEER-TO-PEER CAR SHARING PROGRAM.
   11. "OPTIONAL VEHICLE PROTECTION" SHALL:
   (A)  MEAN A PEER-TO-PEER CAR SHARING PROGRAM'S AGREEMENT NOT TO HOLD A
 SHARED VEHICLE DRIVER LIABLE FOR ALL OR PART OF ANY DAMAGE  OR  LOSS  TO
 THE  SHARED VEHICLE, ANY LOSS OF USE OF THE SHARED VEHICLE, OR ANY STOR-
 AGE, IMPOUND, TOWING OR ADMINISTRATIVE CHARGES FOR WHICH A SHARED  VEHI-
 CLE DRIVER MAY BE LIABLE.
   (B)  ENCOMPASS WITHIN ITS MEANING OTHER SIMILAR TERMS THAT MAY BE USED
 IN THE VEHICLE RENTING OR SHARING INDUSTRY SUCH AS, BUT NOT LIMITED  TO,
 "COLLISION DAMAGE WAIVER", "CDW", "DAMAGE WAIVER", "LOSS DAMAGE WAIVER",
 "LDW", AND "PHYSICAL DAMAGE WAIVER".
   12.  "MANUFACTURER'S  SUGGESTED  RETAIL  PRICE"  SHALL MEAN THE RETAIL
 PRICE OF THE MOTOR VEHICLE SUGGESTED BY THE MANUFACTURER  IN  ACCORDANCE
 WITH THE REQUIREMENTS OF FEDERAL LAW.
   13.  "SHARED  VEHICLE"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN
 SUBDIVISION FOUR OF SECTION TWO HUNDRED TWENTY OF THIS ARTICLE, PROVIDED
 HOWEVER, FOR THE PURPOSES OF THIS SECTION, IT SHALL  NOT  INCLUDE  MOTOR
 VEHICLES DESIGNED PRIMARILY FOR THE TRANSPORTATION OF PROPERTY.
   §  220-A. DISCLOSURES. EACH PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT
 MADE IN THE STATE SHALL DISCLOSE TO THE SHARED  VEHICLE  OWNER  AND  THE
 SHARED VEHICLE DRIVER:
   1.  ANY RIGHT OF THE PEER-TO-PEER CAR SHARING PROGRAM TO SEEK INDEMNI-
 FICATION FROM THE SHARED VEHICLE OWNER OR THE SHARED VEHICLE DRIVER  FOR
 ECONOMIC LOSS SUSTAINED BY THE PEER-TO-PEER CAR SHARING PROGRAM, RESULT-
 ING FROM A BREACH OF THE TERMS AND CONDITIONS OF THE CAR SHARING PROGRAM
 AGREEMENT;
   2.  THAT  A  MOTOR  VEHICLE  LIABILITY  INSURANCE POLICY ISSUED TO THE
 SHARED VEHICLE OWNER FOR THE SHARED VEHICLE OR  TO  THE  SHARED  VEHICLE
 DRIVER  SHALL  NOT  PROVIDE  A  DEFENSE OR INDEMNIFICATION FOR ANY CLAIM
 ASSERTED BY THE PEER-TO-PEER CAR SHARING PROGRAM;
   3. THAT THE PEER-TO-PEER CAR SHARING PROGRAM'S INSURANCE  COVERAGE  ON
 THE  SHARED  VEHICLE  OWNER  AND  THE  SHARED VEHICLE DRIVER SHALL BE IN
 EFFECT ONLY DURING EACH CAR SHARING PERIOD AND THAT, FOR ANY USE OF  THE
 SHARED VEHICLE BY THE SHARED VEHICLE DRIVER AFTER THE CAR SHARING TERMI-
 NATION  TIME,  THE  SHARED  VEHICLE  DRIVER AND THE SHARED VEHICLE OWNER
 SHALL NOT HAVE INSURANCE COVERAGE;

 S. 5995                            10
 
   4. THE  DAILY  RATE,  FEES,  AND,  IF  APPLICABLE,  ANY  INSURANCE  OR
 PROTECTION  PACKAGE  COSTS  THAT  SHALL BE CHARGED TO THE SHARED VEHICLE
 OWNER OR THE SHARED VEHICLE DRIVER;
   5.  THAT  THE SHARED VEHICLE OWNER'S MOTOR VEHICLE LIABILITY INSURANCE
 SHALL NOT PROVIDE COVERAGE FOR A SHARED VEHICLE; AND
   6. AN EMERGENCY TELEPHONE  NUMBER  TO  CONTACT  PERSONNEL  CAPABLE  OF
 FIELDING ROADSIDE ASSISTANCE AND OTHER CUSTOMER SERVICE INQUIRIES.
   §  220-B. DRIVER'S LICENSE VERIFICATION; DATA RETENTION. 1. A PEER-TO-
 PEER CAR SHARING PROGRAM SHALL NOT ENTER INTO A PEER-TO-PEER CAR SHARING
 PROGRAM AGREEMENT WITH A DRIVER UNLESS THE DRIVER WHO WILL  OPERATE  THE
 SHARED VEHICLE:
   (A) HOLDS A VALID NEW YORK DRIVER'S LICENSE WHICH AUTHORIZES THE DRIV-
 ER TO OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE;
   (B) IS A NONRESIDENT WHO:
   (I)  HOLDS  A VALID DRIVER'S LICENSE ISSUED BY THE STATE OR COUNTRY OF
 THE DRIVER'S RESIDENCE WHICH AUTHORIZES THE  DRIVER  IN  SUCH  STATE  OR
 COUNTRY TO DRIVE VEHICLES OF THE CLASS OF THE SHARED VEHICLE; AND
   (II)  IS THE AGE REQUIRED OF A NEW YORK RESIDENT TO OPERATE THAT CLASS
 OF VEHICLE; OR
   (C) IS OTHERWISE SPECIFICALLY AUTHORIZED BY A VALID LICENSE TO OPERATE
 VEHICLES OF THE CLASS OF THE SHARED VEHICLE.
   2. A PEER-TO-PEER CAR SHARING PROGRAM SHALL KEEP A RECORD OF:
   (A) THE NAME AND ADDRESS OF THE SHARED VEHICLE DRIVER;
   (B) THE IDENTIFICATION NUMBER OF THE DRIVER'S LICENSE  OF  THE  SHARED
 VEHICLE  DRIVER  AND  EACH  OTHER  PERSON, IF ANY, WHO SHALL OPERATE THE
 SHARED VEHICLE; AND
   (C) THE DATE AND PLACE OF ISSUANCE OF THE DRIVER'S  LICENSE  FOR  EACH
 SUCH VEHICLE OPERATOR.
   §  220-C.  RESPONSIBILITY  FOR  EQUIPMENT.  A PEER-TO-PEER CAR SHARING
 PROGRAM SHALL HAVE SOLE RESPONSIBILITY FOR  ANY  EQUIPMENT,  SUCH  AS  A
 GLOBAL  POSITIONING  SYSTEM, OR GPS, OR OTHER SPECIAL EQUIPMENT WHICH IS
 PUT IN OR ON SUCH VEHICLE TO MONITOR OR FACILITATE THE PEER-TO-PEER  CAR
 SHARING  TRANSACTION, AND SHALL AGREE TO INDEMNIFY AND HOLD HARMLESS THE
 SHARED VEHICLE OWNER FOR ANY DAMAGE TO OR THEFT OF SUCH EQUIPMENT DURING
 THE PEER-TO-PEER CAR SHARING PERIOD NOT CAUSED BY  SUCH  SHARED  VEHICLE
 OWNER. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL HAVE THE RIGHT TO SEEK
 INDEMNITY  FROM THE SHARED VEHICLE DRIVER FOR ANY LOSS OR DAMAGE TO SUCH
 EQUIPMENT THAT SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD.
   § 220-D. SAFETY RECALLS. 1. WHEN  A  SHARED  VEHICLE  OWNER  INITIALLY
 SHALL  REGISTER  A  VEHICLE  ON  A PEER-TO-PEER CAR SHARING PROGRAM, AND
 PRIOR TO THE TIME WHEN THE SHARED VEHICLE  OWNER  SHALL  MAKE  A  SHARED
 VEHICLE  AVAILABLE  FOR  CAR  SHARING  ON  THE  PEER-TO-PEER CAR SHARING
 PROGRAM, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL:
   (A) VERIFY THAT SUCH SHARED VEHICLE IS NOT SUBJECT TO ANY OPEN  SAFETY
 RECALLS FOR WHICH THE RECALL REPAIR HAS NOT BEEN MADE; AND
   (B)  NOTIFY SUCH SHARED VEHICLE OWNER OF THE REQUIREMENTS UNDER SUBDI-
 VISION THREE OF THIS SECTION.
   2. A PEER-TO-PEER CAR SHARING PROGRAM SHALL ROUTINELY, AND IN NO  CASE
 LESS  FREQUENTLY  THAN ONCE IN EACH FORTY-EIGHT HOUR PERIOD, VERIFY THAT
 SHARED VEHICLES AVAILABLE FOR USE  THROUGH  THE  PROGRAM  SHALL  NOT  BE
 SUBJECT  TO  OPEN  SAFETY RECALLS. IF A SHARED VEHICLE AVAILABLE FOR USE
 THROUGH THE PROGRAM IS DETERMINED  TO  BE  SUBJECT  TO  AN  OPEN  SAFETY
 RECALL,  THE  PEER-TO-PEER  CAR SHARING COMPANY SHALL IMMEDIATELY REMOVE
 THE SHARED VEHICLE FROM THE PROGRAM UNTIL SUCH TIME AS THE SHARED  VEHI-
 CLE  OWNER  CAN  DEMONSTRATE  THAT  THE NECESSARY RECALL REPAIR HAS BEEN
 MADE.

 S. 5995                            11
 
   3. (A) IF A NOTICE OF A SAFETY RECALL HAS BEEN ISSUED BY AN AUTOMOBILE
 MANUFACTURER ON THE SHARED VEHICLE, AND SUCH NOTICE IS ISSUED IN COMPLI-
 ANCE WITH FEDERAL LAW, IT SHALL BE PRESUMED, FOR THE  PURPOSES  OF  THIS
 SECTION,  THAT  THE  SHARED  VEHICLE OWNER SHALL HAVE RECEIVED NOTICE OF
 SUCH RECALL.
   (B)  IF  A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
 ON A SHARED VEHICLE, SUCH SHARED VEHICLE OWNER SHALL NOT MAKE SUCH VEHI-
 CLE AVAILABLE AS A SHARED VEHICLE ON A PEER-TO-PEER CAR SHARING  PROGRAM
 UNTIL THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
   (C)  IF  A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
 ON A SHARED VEHICLE WHILE THE SHARED VEHICLE IS AVAILABLE ON A  PEER-TO-
 PEER  CAR  SHARING  PROGRAM,  THE  SHARED VEHICLE OWNER SHALL REMOVE THE
 SHARED VEHICLE FROM SUCH PEER-TO-PEER CAR SHARING PROGRAM,  AS  SOON  AS
 PRACTICABLE,  AND IN NO CASE LONGER THAN SEVENTY-TWO HOURS AFTER RECEIPT
 OF SUCH NOTICE, AND IT SHALL NOT BE MADE AVAILABLE THEREAFTER UNTIL  THE
 NECESSARY REPAIRS UNDER THE SAFETY RECALL SHALL HAVE BEEN COMPLETED.
   (D)  IF  A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A SAFETY RECALL
 ON A SHARED VEHICLE WHILE SUCH SHARED VEHICLE IS IN THE POSSESSION OF  A
 SHARED  VEHICLE  DRIVER, THE SHARED VEHICLE OWNER SHALL NOTIFY THE PEER-
 TO-PEER CAR SHARING PROGRAM ABOUT THE SAFETY RECALL AS SOON AS PRACTICA-
 BLE, AND IN NO CASE LONGER THAN FORTY-EIGHT HOURS AFTER RECEIPT OF  SUCH
 NOTICE, SO THAT THE SHARED VEHICLE DRIVER CAN BE NOTIFIED AND THE SHARED
 VEHICLE  CAN  BE REMOVED FROM THE PEER-TO-PEER CAR SHARING PROGRAM UNTIL
 THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
   § 220-E. DISCRIMINATION BASED ON AGE PROHIBITED. 1. IT SHALL BE UNLAW-
 FUL FOR  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION  OR  CORPORATION
 ENGAGED  IN THE BUSINESS OF PEER-TO-PEER CAR SHARING TO REFUSE TO MAKE A
 SHARED VEHICLE AVAILABLE TO ANY PERSON EIGHTEEN YEARS OF  AGE  OR  OLDER
 SOLELY ON THE BASIS OF AGE, PROVIDED THAT INSURANCE COVERAGE FOR PERSONS
 OF  SUCH  AGE IS AVAILABLE. ANY ACTUAL COST FOR INSURANCE RELATED TO THE
 AGE OF THE SHARED DRIVER MAY BE PASSED ON TO SUCH PERSON.
   2. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
 NOT TO EXCEED FIVE HUNDRED DOLLARS.
   §  220-F. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP PROHIB-
 ITED. 1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, ASSOCI-
 ATION OR CORPORATION ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR SHARING
 TO REFUSE TO MAKE A SHARED VEHICLE AVAILABLE TO ANY PERSON SOLELY ON THE
 REQUIREMENT OF OWNERSHIP OF A CREDIT CARD.
   2. FOR THE PURPOSES OF THIS SECTION,  "CREDIT  CARD"  SHALL  MEAN  ANY
 CREDIT  CARD, CREDIT PLATE, CHARGE PLATE OR OTHER IDENTIFICATION CARD OR
 DEVICE WHICH IS ISSUED BY A PERSON TO ANOTHER PERSON AS THE HOLDER THER-
 EOF, AND MAY BE USED BY SUCH HOLDER TO OBTAIN A CASH ADVANCE,  LOAN,  OR
 CREDIT, OR TO PURCHASE OR RENT PROPERTY OR SERVICES ON THE CREDIT OF THE
 PERSON ISSUING THE CREDIT CARD OR THE HOLDER.
   3.  A  KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
 NOT TO EXCEED ONE THOUSAND DOLLARS.
   § 220-G. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED.  1. NO
 PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR  CORPORATION  ENGAGED  IN  THE
 BUSINESS OF PEER-TO-PEER CAR SHARING SHALL REFUSE TO MAKE A SHARED VEHI-
 CLE  AVAILABLE TO ANY PERSON OTHERWISE QUALIFIED BECAUSE OF RACE, COLOR,
 ETHNIC ORIGIN, RELIGION, DISABILITY, OR SEX.
   2. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR  CORPORATION  ENGAGED
 IN  PEER-TO-PEER  CAR SHARING FOUND BY A COURT OF COMPETENT JURISDICTION
 TO HAVE VIOLATED A PROVISION OF THIS  SECTION  SHALL  BE  SUBJECT  TO  A
 PENALTY  OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWENTY-FIVE HUNDRED
 DOLLARS FOR EACH VIOLATION.

 S. 5995                            12
 
   3. (A) IF A  PEER-TO-PEER  CAR  SHARING  PROGRAM  SHALL  ENGAGE  IN  A
 PERSISTENT  OR REPEATED BUSINESS ACTIVITY OR CONDUCT WHICH DISCRIMINATES
 AGAINST ANY INDIVIDUAL BASED ON SUCH INDIVIDUAL'S  RACE,  COLOR,  ETHNIC
 ORIGIN,  RELIGION,  DISABILITY,  OR  SEX  OR  MEMBERSHIP IN AN OTHERWISE
 PROTECTED CLASS PURSUANT TO FEDERAL LAW, THE ATTORNEY GENERAL MAY APPLY,
 IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO THE SUPREME COURT
 OF  THE  STATE OF NEW YORK, ON FIVE-DAY'S NOTICE, FOR AN ORDER ENJOINING
 THE CONTINUANCE OF SUCH BUSINESS ACTIVITY AND DIRECTING RESTITUTION  AND
 DAMAGES.  IN  ANY SUCH PROCEEDING, THE ATTORNEY GENERAL MAY SEEK A CIVIL
 PENALTY NOT TO EXCEED  FIVE  THOUSAND  DOLLARS  PER  VIOLATION  AND  MAY
 RECOVER  COSTS  PURSUANT  TO PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION
 EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
   (B) THE TERM "PERSISTENT" AS USED IN THIS  SUBDIVISION  SHALL  INCLUDE
 THE CONTINUANCE OR CARRYING ON OF ANY SUCH BUSINESS ACTIVITY OR CONDUCT.
   (C)  THE  TERM  "REPEATED"  AS  USED IN THIS SUBDIVISION SHALL INCLUDE
 REPETITION OF ANY SEPARATE AND DISTINCT  BUSINESS  ACTIVITY  OR  CONDUCT
 WHICH SHALL AFFECT MORE THAN ONE PERSON.
   (D)  THE  TERM  "BUSINESS  ACTIVITY" AS USED IN THIS SUBDIVISION SHALL
 INCLUDE POLICIES AND/OR STANDARD PRACTICES OF THE PEER-TO-PEER CAR SHAR-
 ING PROGRAM.
   (E) IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY  GENERAL  IS
 AUTHORIZED TO TAKE PROOF, MAKE A DETERMINATION OF THE RELEVANT FACTS AND
 TO  ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
 IF THE ATTORNEY GENERAL SHALL BRING AN ACTION OR PROCEEDING  UNDER  THIS
 SECTION,  SUCH  AUTHORIZATION  SHALL NOT TERMINATE DUE TO SUCH ACTION OR
 PROCEEDING BEING BROUGHT.
   § 220-H. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS. 1. (A) (I) A PEER-
 TO-PEER CAR SHARING PROGRAM SHALL NOT CHARGE  MORE  THAN  THE  FOLLOWING
 AMOUNTS  BASED  ON  A  FULL OR PARTIAL TWENTY-FOUR HOUR DAY FOR OPTIONAL
 VEHICLE PROTECTION:
   (A) NINE DOLLARS IF THE MANUFACTURER'S SUGGESTED RETAIL PRICE  OF  THE
 SHARED VEHICLE IS NOT GREATER THAN TWENTY THOUSAND DOLLARS;
   (B) TWELVE DOLLARS IF THE MANUFACTURER'S SUGGESTED RETAIL PRICE OF THE
 SHARED  VEHICLE  IS GREATER THAN TWENTY THOUSAND DOLLARS BUT NOT GREATER
 THAN THIRTY-FIVE THOUSAND DOLLARS; AND
   (C) FIFTEEN DOLLARS IF THE MANUFACTURER'S SUGGESTED  RETAIL  PRICE  OF
 THE  SHARED VEHICLE IS GREATER THAN THIRTY-FIVE THOUSAND DOLLARS BUT NOT
 GREATER THAN FIFTY THOUSAND DOLLARS.
   (II) THE AMOUNT THAT MAY BE  CHARGED  FOR  A  SHARED  VEHICLE  WITH  A
 MANUFACTURER'S  SUGGESTED  VALUE  OF GREATER THAN FIFTY THOUSAND DOLLARS
 SHALL NOT BE SUBJECT TO A MAXIMUM DOLLAR AMOUNT BUT SHALL BE SUBJECT  TO
 THE  FAIR  MARKET  VALUE  AS  DETERMINED BY THE PEER-TO-PEER CAR SHARING
 PROGRAM OR SHARED VEHICLE OWNER.
   (B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT SELL OPTIONAL VEHICLE
 PROTECTION UNLESS THE SHARED VEHICLE DRIVER AGREES TO  THE  PURCHASE  OF
 SUCH  PROTECTION IN WRITING AT OR PRIOR TO THE TIME THE PEER-TO-PEER CAR
 SHARING AGREEMENT IS EXECUTED.
   (C) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT VOID OPTIONAL VEHICLE
 PROTECTION EXCEPT FOR ONE OR MORE OF THE FOLLOWING REASONS:
   (I) THE DAMAGE OR LOSS IS CAUSED INTENTIONALLY OR AS A RESULT OF WILL-
 FUL, WANTON, OR RECKLESS CONDUCT OF THE DRIVER;
   (II) THE DAMAGE OR LOSS ARISES OUT OF THE DRIVER'S  OPERATION  OF  THE
 VEHICLE  WHILE  INTOXICATED OR UNLAWFULLY IMPAIRED BY THE USE OF ALCOHOL
 OR DRUGS;

 S. 5995                            13

   (III) THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO  THE  PEER-TO-
 PEER  CAR  SHARING  AGREEMENT  BASED  ON  FRAUDULENT OR MATERIALLY FALSE
 INFORMATION SUPPLIED BY THE SHARED VEHICLE DRIVER;
   (IV)  THE  DAMAGE  OR  LOSS ARISES OUT OF THE USE OF THE VEHICLE WHILE
 ENGAGED IN THE COMMISSION OF A CRIME OTHER THAN A TRAFFIC INFRACTION;
   (V) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE  TO
 CARRY  PERSONS  OR  PROPERTY  FOR  HIRE,  TO PUSH OR TOW ANYTHING, WHILE
 ENGAGED IN A SPEED CONTEST, OPERATING OFF-ROAD, OR FOR  DRIVER'S  TRAIN-
 ING;
   (VI) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE BY
 A PERSON OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE SHARED VEHI-
 CLE DRIVER'S CHILD OVER THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW
 OF  THE SHARED VEHICLE DRIVER, PROVIDED SUCH CHILD, PARENT OR PARENT-IN-
 LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE AND RESIDES  IN  THE
 SAME  HOUSEHOLD  AS THE SHARED VEHICLE DRIVER; OR (3) A PARKING VALET OR
 PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE  NORMAL  COURSE  OF
 EMPLOYMENT;
   (VII)  THE  DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE
 OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN THAT USE  IS  NOT  SPECIF-
 ICALLY AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT; OR
   (VIII)  THE  SHARED VEHICLE DRIVER OR HIS OR HER CHILD OVER THE AGE OF
 EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER  HAVE
 FAILED  TO  COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS
 SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
   (D) A SHARED DRIVER MAY VOID OPTIONAL VEHICLE PROTECTION AT NO  CHARGE
 WITHIN TWENTY-FOUR HOURS OF PURCHASE PROVIDED THAT THE CUSTOMER: (I) HAS
 ENTERED  INTO A PEER-TO-PEER CAR SHARING AGREEMENT WITH A TERM OF TWO OR
 MORE DAYS, (II) APPEARS  IN  PERSON  BEFORE  THE  SHARED  VEHICLE  OWNER
 TOGETHER WITH THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION, AND (III)
 SIGNS  A  CANCELLATION  FORM  PROVIDED  BY  THE PEER-TO-PEER CAR SHARING
 PROGRAM.
   (E) AFTER TWENTY-FOUR HOURS OF PURCHASE, A CUSTOMER MAY  PROSPECTIVELY
 TERMINATE  OPTIONAL VEHICLE PROTECTION AT ANY TIME, PROVIDED THE CUSTOM-
 ER: (I) APPEARS IN PERSON BEFORE THE SHARED VEHICLE OWNER TOGETHER  WITH
 THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION; (II) VOIDS THE OPTIONAL
 VEHICLE  PROTECTION  IN  WRITING;  AND  (III)  PAYS THE OPTIONAL VEHICLE
 PROTECTION CHARGE FOR ANY FULL OR PARTIAL DAY OR PORTION OF A DAY DURING
 WHICH THE OPTIONAL VEHICLE PROTECTION WAS IN EFFECT.
   2. SUBJECT TO THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, AND EIGHT  OF
 THIS SECTION, A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHI-
 CLE  DRIVER  LIABLE  FOR ACTUAL DAMAGE TO, OR LOSS OF, A SHARED VEHICLE,
 PROVIDED THAT:
   (A) ANY CLAIM FOR SUCH DAMAGE SHALL BE BASED ON A PHYSICAL  INSPECTION
 AND SHALL BE MADE UPON THE RETURN OF SUCH SHARED VEHICLE; AND
   (B)  ANY  CHARGE  FOR REPAIR OF SUCH DAMAGE SHALL BE LIMITED TO ACTUAL
 AND REASONABLE COSTS AND SHALL BE ASSESSED  AND  BILLED  SEPARATELY  AND
 APART FROM THE PEER-TO-PEER CAR SHARING AGREEMENT.
   3. (A) ANY PEER-TO-PEER CAR SHARING PROGRAM WHICH STATES OR PERMITS TO
 BE STATED THE COSTS OF A SHARED VEHICLE IN ANY ADVERTISEMENT SHALL STATE
 CONSPICUOUSLY,  IN PLAIN LANGUAGE AND IN CONJUNCTION WITH THE ADVERTISED
 COST OF THE SHARED VEHICLE AND THE DAILY RATE OF THE APPLICABLE OPTIONAL
 VEHICLE PROTECTION, THAT THE RATE CONSTITUTES AN ADDITIONAL DAILY CHARGE
 TO THE SHARED VEHICLE DRIVER, THAT THE PURCHASE OF  SUCH  PROTECTION  IS
 OPTIONAL,  AND  THAT  PROSPECTIVE  SHARED VEHICLE DRIVERS SHOULD EXAMINE
 THEIR CREDIT CARD PROTECTIONS  AND  AUTOMOBILE  INSURANCE  POLICIES  FOR
 COVERAGE.

 S. 5995                            14
 
   (B) WHERE A WRITTEN ADVERTISEMENT, INCLUDING ALL PRINT MEDIA, CONTAINS
 THE STATEMENT OF THE COST OF THE SHARED VEHICLE, THE DISCLOSURE REQUIRED
 BY  THIS SECTION SHALL BE PRINTED IN TYPE NO LESS THAN SIZE TWELVE-POINT
 FONT.
   (C)  WHEN  THE  WEBSITE  OF  A PEER-TO-PEER CAR SHARING PROGRAM OR THE
 VIDEO PRESENTATION OF A TELEVISION OR  INTERNET  ADVERTISEMENT  BY  SUCH
 PEER-TO-PEER  CAR  SHARING PROGRAM CONTAINS THE WRITTEN STATEMENT OF THE
 COST OF A SHARED VEHICLE, THE DEPICTION OF SUCH  COST  OF  THE  OPTIONAL
 VEHICLE PROTECTION SHALL BE CLEAR AND CONSPICUOUS.
   (D)  WHEN  A  RADIO ADVERTISEMENT OR THE AUDIO PRESENTATION OF A TELE-
 VISION ADVERTISEMENT CONTAINS THE STATEMENT OF  THE  COST  OF  A  SHARED
 VEHICLE,  THE  ORAL STATEMENT OF SUCH COST SHALL IMMEDIATELY BE ACCOMPA-
 NIED  BY  AN  ORAL  STATEMENT  OF  THE  COST  OF  THE  OPTIONAL  VEHICLE
 PROTECTION.
   (E)  WHEN  A  TELEPHONE,  INTERNET  OR OTHER INQUIRY FOR THE COST OF A
 SHARED VEHICLE IS MADE TO  A  PEER-TO-PEER  CAR  SHARING  PROGRAM  WHICH
 INVOLVES  AN  INTERACTION  WITH  A  REPRESENTATIVE OF A PEER-TO-PEER CAR
 SHARING PROGRAM, THE REPRESENTATIVE OF  SUCH  PEER-TO-PEER  CAR  SHARING
 PROGRAM  SHALL,  IN  RESPONSE  TO  THE  INQUIRY,  ADVISE THAT ADDITIONAL
 OPTIONAL PRODUCTS THAT MAY BE OFFERED BY SUCH PEER-TO-PEER  CAR  SHARING
 PROGRAM  SHALL  NOT BE INCLUDED IN THE DAILY RATE. IF AN INQUIRY IS MADE
 REGARDING OPTIONAL VEHICLE PROTECTION, THE REPRESENTATIVE SHALL  PROVIDE
 THE  COST OF THE OPTIONAL VEHICLE PROTECTION AND STATE THAT THE PURCHASE
 OF SUCH PROTECTION IS OPTIONAL AND  THAT  THE  SHARED  VEHICLE  DRIVER'S
 PERSONAL AUTOMOBILE INSURANCE OR CREDIT CARD MAY PROVIDE COVERAGE.
   (F)  ANY PEER-TO-PEER CAR SHARING PROGRAM THAT OFFERS OPTIONAL VEHICLE
 PROTECTION TO A SHARED VEHICLE DRIVER SHALL DISCLOSE TO SUCH PERSON  THE
 FOLLOWING INFORMATION ON ITS WEBSITE:
 
                                 "NOTICES
 THE  FOLLOWING  IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS AND OBLI-
 GATIONS. FOR COMPLETE DETAILS, REFER TO  THE  PEER-TO-PEER  CAR  SHARING
 AGREEMENT.
 OPTIONAL  VEHICLE  PROTECTION  (OVP): THIS CONTRACT OFFERS, FOR AN ADDI-
 TIONAL CHARGE, OVP TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE  OR
 LOSS  TO  THE  SHARED  VEHICLE.  OVP  IS  ALSO COMMONLY REFERRED TO AS A
 "COLLISION DAMAGE WAIVER". THE PURCHASE OF OVP IS OPTIONAL  AND  MAY  BE
 DECLINED.  BEFORE  DECIDING  WHETHER  TO  PURCHASE  OVP, YOU MAY WISH TO
 DETERMINE WHETHER YOUR CREDIT CARD, OR THE VEHICLE INSURANCE  MAINTAINED
 BY  YOURSELF  OR SOMEONE IN YOUR HOUSEHOLD, AFFORDS YOU ANY COVERAGE FOR
 DAMAGE TO THE SHARED VEHICLE, AND THE AMOUNT  OF  DEDUCTIBLE  UNDER  ANY
 SUCH COVERAGE.
 OVP  - WHEN VOID: OVP IS VOID AND SHALL NOT APPLY TO THE FOLLOWING SITU-
 ATIONS:
   1. IF THE DAMAGE OR LOSS IS CAUSED AS A RESULT OF THE  SHARED  VEHICLE
 DRIVER'S  INTENTIONAL  ACTS; WILLFUL, WANTON, OR RECKLESS CONDUCT OF THE
 DRIVER; OR OPERATION OF THE SHARED VEHICLE WHILE INTOXICATED  OR  UNLAW-
 FULLY IMPAIRED BY THE USE OF ALCOHOL OR DRUGS;
   2.  THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-PEER
 SHARING AGREEMENT BASED ON FRAUDULENT OR  MATERIALLY  FALSE  INFORMATION
 SUPPLIED BY THE SHARED VEHICLE DRIVER;
   3. THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE:
   (A)  WHILE  ENGAGED IN THE COMMISSION OF A CRIME, OTHER THAN A TRAFFIC
 INFRACTION;

 S. 5995                            15

   (B) TO CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH  OR  TOW  ANYTHING,
 WHILE  ENGAGED  IN  A SPEED CONTEST, OPERATING OFF ROAD, OR FOR DRIVER'S
 TRAINING;
   (C)  BY  A  PERSON  OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE
 SHARED VEHICLE DRIVER'S CHILD OVER THE AGE OF EIGHTEEN OR  A  PARENT  OR
 PARENT-IN-LAW  OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH CHILD, PARENT
 OR PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE  A  MOTOR  VEHICLE  AND
 RESIDES  IN  THE  SAME  HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A
 PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION  AND  IN  THE
 NORMAL COURSE OF EMPLOYMENT;
   (D)  OUTSIDE  OF  THE  CONTINENTAL UNITED STATES WHEN NOT SPECIFICALLY
 AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT;
   (E) WHERE THE SHARED VEHICLE DRIVER, OR HIS OR HER CHILD OVER THE  AGE
 OF  EIGHTEEN  OR A PARENT OR PARENT-IN-LAW OF SUCH SHARED VEHICLE DRIVER
 FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR  LOSS  AS
 SET FORTH IN LAW.
 OVP  -  DAMAGE  REPORTING  REQUIREMENTS:  IF THE SHARED VEHICLE SUSTAINS
 DAMAGE OR LOSS, THE SHARED VEHICLE DRIVER IS REQUIRED  TO  COMPLETE  AND
 RETURN  AN  INCIDENT  REPORT  NOTICE  TO  THE  PEER-TO-PEER  CAR SHARING
 PROGRAM.
 OVP - RIGHT TO INSPECT VEHICLE DAMAGES: THE SHARED  VEHICLE  DRIVER  AND
 HIS OR HER INSURER HAVE THE RIGHT TO REQUEST AN INSPECTION OF THE SHARED
 VEHICLE  DAMAGES  WITHIN SEVENTY-TWO HOURS OF THE RETURN OF THE VEHICLE.
 FAILURE OF THE SHARED VEHICLE DRIVER OR HIS OR HER  INSURER  TO  REQUEST
 SUCH  INSPECTION  WITHIN  SEVENTY-TWO  HOURS OF RETURN SHALL BE DEEMED A
 WAIVER OF SUCH PERSON OR ENTITY'S RIGHT TO INSPECT THE DAMAGED VEHICLE.
 THEFT OF THE SHARED VEHICLE: IF THE SHARED VEHICLE IS STOLEN DURING  THE
 TERM  OF  A  PEER-TO-PEER CAR SHARING AGREEMENT, A SHARED VEHICLE DRIVER
 MUST REPORT THE THEFT OF THE SHARED  VEHICLE  TO  THE  PEER-TO-PEER  CAR
 SHARING  PROGRAM  AND  A  LAW  ENFORCEMENT AGENCY WITHIN TWELVE HOURS OF
 LEARNING OF SUCH THEFT."
   (G) THE FOLLOWING DISCLOSURE NOTICE SHALL BE MADE ON THE FACE  OF  THE
 PEER-TO-PEER  CAR SHARING AGREEMENT EITHER BY STAMP, LABEL OR AS PART OF
 THE WRITTEN CONTRACT OR ON ANY OTHER WRITTEN DOCUMENT  PROVIDED  TO  THE
 SHARED  VEHICLE DRIVER UPON EXECUTION OF SUCH CONTRACT, AND SHALL BE SET
 APART IN BOLDFACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT:
   "NOTICE: THIS AGREEMENT OFFERS, FOR  AN  ADDITIONAL  CHARGE,  OPTIONAL
 VEHICLE  PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR
 LOSS TO THE SHARED VEHICLE. THE PURCHASE OF OPTIONAL VEHICLE  PROTECTION
 IS  OPTIONAL  AND MAY BE DECLINED. YOU ARE ADVISED TO CAREFULLY CONSIDER
 WHETHER TO PURCHASE THIS PROTECTION IF YOU  HAVE  COVERAGE  PROVIDED  BY
 YOUR  CREDIT  CARD  OR  AUTOMOBILE  INSURANCE POLICY THAT WILL COVER THE
 SHARED VEHICLE.  BEFORE DECIDING WHETHER TO  PURCHASE  OPTIONAL  VEHICLE
 PROTECTION,  YOU  MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR
 VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE SHARED  VEHICLE
 AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE."
   (H) THE PEER-TO-PEER CAR SHARING AGREEMENT SHALL ALSO INCLUDE IN BOLD-
 FACE  TYPE  AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT AND, IN PLAIN
 LANGUAGE, THE CONDITIONS AND EXCLUSIONS SET FORTH IN  PARAGRAPH  (C)  OF
 SUBDIVISION ONE OF THIS SECTION. UPON IDENTIFICATION BY THE SHARED VEHI-
 CLE  OWNER  OR  THE  PEER-TO-PEER  CAR  SHARING PROGRAM OF DAMAGE TO THE
 SHARED VEHICLE, SUCH PEER-TO-PEER CAR SHARING PROGRAM SHALL INFORM  SUCH
 SHARED  VEHICLE  DRIVER  OF HIS OR HER RIGHT TO INSPECT THE VEHICLE, AND
 THE PROCEDURES AND TIME-FRAMES FOR DOING SO, PURSUANT TO PARAGRAPHS  (B)
 AND (C) OF SUBDIVISION FIVE OF THIS SECTION.

 S. 5995                            16
 
   4.  (A)  UPON  IDENTIFICATION OF DAMAGE BY THE SHARED VEHICLE OWNER OR
 PEER-TO-PEER CAR SHARING PROGRAM AT THE TIME OF  RETURN  OF  THE  SHARED
 VEHICLE, TERMINATION OF THE PEER-TO-PEER CAR SHARING AGREEMENT, OR WITH-
 IN  TEN DAYS IF AN INSPECTION FOR DAMAGE IS PRECLUDED BECAUSE THE SHARED
 VEHICLE IS RETURNED BY AUTOMATION, RETURNED AFTER-HOURS, OR RECOVERED BY
 THE  SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-
 TO-PEER CAR SHARING PROGRAM SHALL FURNISH AN INCIDENT REPORT FORM AND  A
 NOTICE,  PURSUANT  TO  THIS  PARAGRAPH,  OF THE OBLIGATION OF THE SHARED
 VEHICLE DRIVER TO EXECUTE AND RETURN TO  THE  PEER-TO-PEER  CAR  SHARING
 PROGRAM  A COMPLETE AND ACCURATE INCIDENT REPORT DESCRIBING ANY PHYSICAL
 AND/OR MECHANICAL DAMAGE. IF THE SHARED VEHICLE  IS  RETURNED  BY  AUTO-
 MATION,  RETURNED  AFTER-HOURS, OR RECOVERED BY THE SHARED VEHICLE OWNER
 OR PEER-TO-PEER CAR SHARING  PROGRAM,  SUCH  INCIDENT  REPORT  FORM  AND
 NOTICE  SHALL BE MAILED BY OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF SUCH NOTIFICATION SHALL BE
 SENT BY REGULAR MAIL. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL  RETAIN
 A COPY OF SUCH NOTICE AND THE CERTIFIED MAIL RETURN RECEIPT FOR A PERIOD
 OF SIX YEARS.
   (B)  WITHIN  SEVENTY-TWO  HOURS OF RECEIPT OF THE INCIDENT REPORT FORM
 AND NOTICE, EITHER THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER  MUST
 NOTIFY  OR  SEND  NOTICE  TO  THE  PEER-TO-PEER CAR SHARING PROGRAM THAT
 EITHER HE, SHE, OR THE INSURER WISHES TO INSPECT THE DAMAGED VEHICLE. IF
 THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER DOES NOT NOTIFY OR  SEND
 A  REQUEST  FOR  THIS INSPECTION WITHIN THE SEVENTY-TWO-HOUR PERIOD, HE,
 SHE, OR THE INSURER SHALL BE DEEMED TO HAVE WAIVED SUCH RIGHT.
   (C) IF THE SHARED VEHICLE DRIVER SHALL DECLINE OR FAIL TO COMPLETE AND
 RETURN THE INCIDENT REPORT REQUIRED PURSUANT TO PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, NO SOONER THAN
 TEN DAYS AFTER THE MAILING OF NOTIFICATION PURSUANT  TO  SUCH  PARAGRAPH
 (A),  MAIL  ANOTHER  COPY  OF THE INCIDENT REPORT TOGETHER WITH A LETTER
 STATING THAT THE SHARED VEHICLE DRIVER HAS DECLINED OR OTHERWISE  FAILED
 TO  COMPLETE  AND  RETURN THE INCIDENT REPORT.  SUCH MAILING SHALL BE BY
 OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL, RETURN RECEIPT  REQUESTED,
 AND  ANOTHER  COPY  OF  SUCH NOTIFICATION BY REGULAR MAIL, WITH PROOF OF
 MAILING BY PRODUCTION OF A CERTIFICATE OF MAILING FROM THE POST  OFFICE.
 WHEN A REQUEST TO INSPECT THE VEHICLE SHALL HAVE BEEN TIMELY MADE BY THE
 SHARED  VEHICLE  DRIVER  OR  HIS OR HER INSURER, THE INSPECTION SHALL BE
 COMPLETED WITHIN SEVEN DAYS OF SUCH REQUEST.  IF  THE  PEER-TO-PEER  CAR
 SHARING  PROGRAM  DETERMINES  THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND
 SUBJECT TO SALVAGE, SUCH SEVENTY-TWO HOUR  PERIOD  FOR  NOTIFICATION  OR
 WAIVER  OF  THE WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND
 THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL HAVE TEN  BUSINESS
 DAYS  FROM  THE SHARED VEHICLE DRIVER'S RECEIPT OF NOTIFICATION FROM THE
 PEER-TO-PEER CAR SHARING PROGRAM  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  TO INSPECT THE DAMAGED VEHICLE, UNLESS THE PEER-TO-PEER CAR
 SHARING PROGRAM AGREES TO PROVIDE ACCESS TO SUCH DAMAGED VEHICLE  BEYOND
 THE  TEN  BUSINESS  DAYS  PROVIDED HEREIN. WITHIN THE LIMITS PROVIDED IN
 THIS PARAGRAPH, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL IDENTIFY  THE
 REPAIRER  OF,  AND  PROVIDE  ACCESS TO, THE DAMAGED VEHICLE, IN ORDER TO
 VERIFY THE NATURE AND EXTENT  OF  DAMAGES,  REPAIRS  AND  REPAIR  COSTS,
 AND/OR REPAIR ESTIMATES.
   (D)  ALL  NOTICES SHALL BE MAILED TO THE ADDRESS OF THE SHARED VEHICLE
 DRIVER AS STATED ON HIS OR HER LICENSE, OR OTHER ADDRESS  AS  DESIGNATED
 BY HIM OR HER IN THE PEER-TO-PEER CAR SHARING AGREEMENT.

 S. 5995                            17
 
   (E)  THE  SHARED VEHICLE DRIVER SHALL COMPLETE AND RETURN THE INCIDENT
 REPORT REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION WITHIN TEN DAYS  OF
 THE RECEIPT OF THE NOTICE REQUIRED BY SUCH PARAGRAPH.
   (F)  THE  NOTICE  REQUIRED  BY  THIS  SUBDIVISION SHALL BE IN AT LEAST
 TWELVE-POINT BOLD FACE TYPE AND SHALL CONTAIN THE STATEMENT: "FAILURE TO
 COMPLETELY AND ACCURATELY FILL OUT AND RETURN AN INCIDENT REPORT  WITHIN
 TEN  DAYS  OF  RECEIPT OF THIS NOTICE MAY MAKE THE SHARED VEHICLE DRIVER
 LIABLE FOR DAMAGES SUSTAINED TO THE SHARED  VEHICLE.  EXCEPT  WHERE  THE
 DAMAGED VEHICLE IS DETERMINED TO BE A TOTAL LOSS AND SUBJECT TO SALVAGE,
 THE  SHARED  VEHICLE  DRIVER OR HIS OR HER INSURER HAS SEVENTY-TWO HOURS
 FROM THE RETURN OR RECOVERY OF THE VEHICLE TO  NOTIFY  THE  PEER-TO-PEER
 CAR  SHARING  PROGRAM THAT HE OR SHE WISHES TO INSPECT THE DAMAGED VEHI-
 CLE. THE INSPECTION MUST BE COMPLETED WITHIN SEVEN BUSINESS DAYS OF  THE
 REQUEST  TO  INSPECT THE SHARED VEHICLE. IF THE PEER-TO-PEER CAR SHARING
 PROGRAM DOES NOT RECEIVE NOTIFICATION FROM THE SHARED VEHICLE DRIVER  OR
 HIS  OR  HER  INSURER REQUESTING SUCH INSPECTION WITHIN THE SEVENTY-TWO-
 HOUR PERIOD, THE SHARED VEHICLE DRIVER AND HIS OR HER  INSURER  WILL  BE
 DEEMED  TO  HAVE  WAIVED  THIS  RIGHT.  IF  THE PEER-TO-PEER CAR SHARING
 PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND SUBJECT TO
 SALVAGE, SUCH SEVENTY-TWO-HOUR PERIOD FOR NOTIFICATION OR WAIVER OF  THE
 WISH  TO  INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND SUCH RIGHT TO
 INSPECT THE DAMAGED VEHICLE SHALL EXPIRE  TEN  BUSINESS  DAYS  FROM  THE
 SHARED VEHICLE DRIVER'S RECEIPT OF THIS NOTICE FROM THE PEER-TO-PEER CAR
 SHARING  COMPANY.    UPON REQUEST OF THE SHARED VEHICLE DRIVER OR HIS OR
 HER INSURER, WE WILL PROVIDE A COPY OF THE PROFESSIONAL ESTIMATE OF  THE
 COSTS  OF  REPAIRING  THE  DAMAGED  MOTOR  VEHICLE." INFORMATION THAT IS
 PROVIDED IN RESPONSE TO A REQUEST BY A PEER-TO-PEER CAR SHARING PROGRAM,
 BUT THAT IS NOT PROVIDED ON AN INCIDENT REPORT FORM, SHALL  SATISFY  ANY
 REPORTING  OBLIGATION  OF  A  SHARED  VEHICLE  DRIVER  IF  SUCH RESPONSE
 SUBSTANTIALLY COMPLIES WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION.
 IF ADDITIONAL INFORMATION IS REASONABLY REQUIRED BY THE PEER-TO-PEER CAR
 SHARING PROGRAM IN ORDER TO ADJUST ANY CLAIM  OF  LOSS,  SAME  SHALL  BE
 REQUESTED  OF  THE SHARED VEHICLE DRIVER AS SOON AS REASONABLY PRACTICA-
 BLE, WHO SHALL RESPOND TO SAME AS SOON AS REASONABLY PRACTICABLE.
   (G) (I) FOR PURPOSES OF THIS SUBDIVISION, EACH OF THE FOLLOWING  SHALL
 CONSTITUTE AN "INCIDENT REPORT FORM":
   (A)  A  MOTOR  VEHICLE ACCIDENT REPORT PURSUANT TO SECTION SIX HUNDRED
 FIVE OF THE VEHICLE AND TRAFFIC LAW; OR
   (B) ANY SIMILAR APPROPRIATE FORM FURNISHED  BY  THE  PEER-TO-PEER  CAR
 SHARING PROGRAM.
   (II)  AN  INCIDENT REPORT FORM DESCRIBED IN CLAUSE (B) OF SUBPARAGRAPH
 (I) OF THIS PARAGRAPH:
   (A) SHALL BE SENT OR GIVEN TO A SHARED VEHICLE DRIVER WITH  A  REQUEST
 THAT  HE  OR SHE PROVIDE INFORMATION PURSUANT TO THIS SECTION CONCERNING
 DAMAGE TO A VEHICLE POSSESSED BY A SHARED VEHICLE DRIVER; AND
   (B) SUCH FORM MAY ALSO BE MADE AVAILABLE AS  A  FILL-IN  FORM  ON  THE
 PEER-TO-PEER CAR SHARING PROGRAM'S WEBSITE, AND THE SHARED VEHICLE DRIV-
 ER  SHALL  BE ADVISED OF THE AVAILABILITY OF SUCH WEB-BASED FILL-IN FORM
 WHEN A REQUEST FOR INCIDENT INFORMATION IS MADE PURSUANT TO THIS  SUBDI-
 VISION.
   (H) IF THE SHARED VEHICLE DRIVER IS PHYSICALLY INCAPABLE OF COMPLETING
 THE REPORT, THE REQUIREMENTS OF THIS SUBDIVISION SHALL LAPSE UNTIL AFTER
 HE  OR SHE IS ABLE TO COMPLETE THE REPORT AND IS NOTIFIED THAT HE OR SHE
 SHALL COMPLETE AND RETURN THE REPORT AS REQUIRED  BY  PARAGRAPH  (B)  OF
 THIS SUBDIVISION.

 S. 5995                            18
 
   (I)  THE  PEER-TO-PEER CAR SHARING PROGRAM SHALL, AT LEAST TWENTY DAYS
 PRIOR TO COMMENCING AN ACTION AGAINST THE SHARED VEHICLE DRIVER, PROVIDE
 HIM OR HER AN ADDITIONAL OPPORTUNITY TO COMPLETE AND SUBMIT THE INCIDENT
 REPORT BY PROVIDING A SECOND NOTICE, ALONG WITH ANOTHER INCIDENT  REPORT
 FORM,  BY  CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF
 SUCH NOTICE AND REPORT FORM BY REGULAR MAIL, WITH PROOF  OF  MAILING  BY
 PRODUCTION  OF  A  CERTIFICATE OF MAILING. IF SUCH SHARED VEHICLE DRIVER
 SENDS THE PEER-TO-PEER CAR SHARING PROGRAM A COMPLETED  INCIDENT  REPORT
 WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE, THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE DEEMED SATISFIED.
   5.  (A)  A  PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHICLE
 DRIVER LIABLE TO THE EXTENT PERMITTED UNDER THIS CHAPTER FOR PHYSICAL OR
 MECHANICAL DAMAGE TO THE SHARED VEHICLE THAT OCCURS DURING THE TIME  THE
 SHARED   VEHICLE  IS  UNDER  THE  PEER-TO-PEER  CAR  SHARING  AGREEMENT;
 PROVIDED, HOWEVER, THAT A SHARED VEHICLE DRIVER SHALL NOT BE LIABLE  FOR
 ANY  NORMAL  WEAR AND TEAR OR MECHANICAL DAMAGE THAT COULD REASONABLY BE
 EXPECTED FROM NORMAL USE OF THE VEHICLE. FOR THE PURPOSES OF THIS SUBDI-
 VISION, THE TERM "NORMAL WEAR AND TEAR" SHALL MEAN THE DETERIORATION  OF
 THE  CONDITION  OF  THE VEHICLE OR ITS COMPONENT PARTS DUE TO REPETITIVE
 USE AND DOES NOT INCLUDE DAMAGE THAT MATERIALLY DIMINISHES THE VALUE  OF
 THE VEHICLE AND ARISES FROM A SPECIFIC OCCURRENCE OR ACCIDENT DURING THE
 TIME  THE  SHARED  VEHICLE  IS  SUBJECT  TO THE PEER-TO-PEER CAR SHARING
 AGREEMENT; AND THE TERM "ACTUAL AND REASONABLE  COSTS"  SHALL  MEAN  THE
 COST  TO  REPAIR  THE  SHARED  VEHICLE INCLUDING ALL DISCOUNTS AND PRICE
 ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND  SHALL
 INCLUDE COSTS FOR TOWING, STORAGE, AND IMPOUND FEES WHERE APPLICABLE.
   (B) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
 OF  THIS SUBDIVISION FOR DAMAGE TO A SHARED VEHICLE SHALL NOT EXCEED THE
 LESSER OF:
   (I) THE ACTUAL AND REASONABLE COSTS THAT THE PEER-TO-PEER CAR  SHARING
 PROGRAM  INCURRED  TO  REPAIR THE MOTOR VEHICLE OR THAT THE PEER-TO-PEER
 CAR SHARING PROGRAM WOULD HAVE INCURRED IF THE MOTOR  VEHICLE  HAD  BEEN
 REPAIRED,  WHICH  SHALL  REFLECT  ANY  DISCOUNTS,  PRICE  REDUCTIONS, OR
 ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM; OR
   (II) THE FAIR MARKET VALUE OF THE SHARED  VEHICLE  IMMEDIATELY  BEFORE
 THE  DAMAGE  OCCURRED,  AS  DETERMINED  IN THE APPLICABLE MARKET FOR THE
 RETAIL SALE OF THE SHARED VEHICLE, LESS ANY NET DISPOSAL PROCEEDS.
   (C) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
 OF THIS SUBDIVISION FOR LOSS  OF  A  SHARED  VEHICLE  SHALL  NOT  EXCEED
 REASONABLE  COSTS  INCURRED  BY THE PEER-TO-PEER CAR SHARING PROGRAM FOR
 SUCH LOSS DUE TO THEFT OF SUCH SHARED VEHICLE  UP  TO  ITS  FAIR  MARKET
 VALUE,  AS  DETERMINED  BY  THE APPLICABLE MARKET FOR THE RETAIL SALE OF
 SUCH VEHICLE IF IT IS ESTABLISHED THAT SUCH SHARED VEHICLE DRIVER FAILED
 TO EXERCISE REASONABLE CARE OR THAT SUCH SHARED VEHICLE  DRIVER  COMMIT-
 TED,  OR AIDED OR ABETTED IN THE COMMISSION OF, THE THEFT OF SUCH SHARED
 VEHICLE.
   (D) DAMAGES INCURRED FOR THE LOSS OF  USE  OF  A  SHARED  VEHICLE  AND
 RELATED ADMINISTRATIVE FEES SHALL NOT BE RECOVERED FROM ANY SHARED VEHI-
 CLE DRIVER OR HIS OR HER INSURER.
   (E) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT HOLD A SHARED VEHICLE
 DRIVER  LIABLE FOR ANY AMOUNTS THAT THE PEER-TO-PEER CAR SHARING PROGRAM
 RECOVERS FROM ANY OTHER PARTY.
   (F) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT COLLECT OR ATTEMPT TO
 COLLECT THE AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION UNLESS
 THE PEER-TO-PEER CAR SHARING PROGRAM:

 S. 5995                            19
 
   (I) OBTAINS AN ESTIMATE FROM A REPAIR COMPANY OR AN APPRAISER  IN  THE
 BUSINESS  OF  PROVIDING  SUCH APPRAISALS REGARDING THE COST OF REPAIRING
 SUCH SHARED VEHICLE;
   (II)  PROVIDES  A COPY OF SUCH ESTIMATE AND PHOTOGRAPHIC EVIDENCE UPON
 REQUEST TO SUCH SHARED VEHICLE DRIVER, AS APPLICABLE WHO SHALL BE LIABLE
 UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND THE INSURER OF SUCH  SHARED
 VEHICLE DRIVER; AND
   (III)  SUBMITS  A  COPY OF SUCH ESTIMATE WITH ANY CLAIM TO COLLECT THE
 AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (G) A CLAIM AGAINST A SHARED VEHICLE DRIVER RESULTING FROM  DAMAGE  OR
 LOSS  TO  A  SHARED VEHICLE SHALL BE REASONABLE AND REFLECT THE VALUE OF
 THE ACTUAL LOSS INCURRED. A PEER-TO-PEER CAR SHARING PROGRAM SHALL MITI-
 GATE DAMAGES WHERE POSSIBLE AND SHALL NOT ASSERT OR  COLLECT  ANY  CLAIM
 FOR  PHYSICAL DAMAGE WHICH EXCEEDS THE AMOUNT AUTHORIZED UNDER PARAGRAPH
 (B) OF THIS SUBDIVISION.
   (H) IF INSURANCE COVERAGE EXISTS UNDER AN APPLICABLE INSURANCE  POLICY
 OF  THE  DRIVER  OF  A  SHARED VEHICLE, SUCH DRIVER MAY REQUIRE THAT THE
 PEER-TO-PEER CAR SHARING PROGRAM SUBMIT  ANY  CLAIMS  TO  SUCH  DRIVER'S
 INSURANCE  CARRIER.  UPON  THE  REQUEST  OF A SHARED VEHICLE DRIVER, THE
 PEER-TO-PEER CAR SHARING PROGRAM SHALL SUBMIT ANY CLAIMS TO  SUCH  DRIV-
 ER'S  INSURANCE CARRIER AND SHALL NOT MAKE ANY WRITTEN OR ORAL REPRESEN-
 TATIONS TO THE CONTRARY, NOR SHALL IT MAKE ANY WRITTEN OR ORAL REPRESEN-
 TATIONS THAT  IT  SHALL  NOT  NEGOTIATE  WITH  SUCH  DRIVER'S  INSURANCE
 CARRIER.
   6. (A) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
 SECURITY,  DEPOSIT,  OR  PAYMENT FOR DAMAGE IN ANY FORM, BY CREDIT CARD,
 DEBIT CARD OR OTHERWISE, OR REPORT THE DEBT TO  ANY  CONSUMER  REPORTING
 AGENCY,  AS DEFINED IN SUBDIVISION (E) OF SECTION THREE HUNDRED EIGHTY-A
 OF THIS CHAPTER, DURING THE TERM OF THE PEER-TO-PEER CAR SHARING  AGREE-
 MENT,  PENDING RESOLUTION OF ANY DISPUTE, OR PRIOR TO OBTAINING JUDGMENT
 IN A COURT OF COMPETENT JURISDICTION.
   (B) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL REQUIRE A DEPOSIT OR  AN
 ADVANCE CHARGE AGAINST THE CREDIT CARD OR DEBIT CARD OF A SHARED VEHICLE
 DRIVER,  IN  ANY  FORM,  FOR DAMAGES TO A SHARED VEHICLE WHICH IS IN THE
 SHARED VEHICLE DRIVER'S POSSESSION OR CONTROL.
   (C) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT  OR  CHARGE  ANY
 PAYMENT FROM A SHARED VEHICLE DRIVER FOR DAMAGE TO A SHARED VEHICLE UPON
 RETURN  OR  RECOVERY OF SUCH VEHICLE IN A DAMAGED CONDITION, UNTIL AFTER
 THE COST OF THE DAMAGE TO SUCH VEHICLE AND LIABILITY THEREFOR IS  AGREED
 TO  BETWEEN  SUCH  PEER-TO-PEER CAR SHARING PROGRAM AND A SHARED VEHICLE
 DRIVER OR HIS OR HER INSURER, OR IS DETERMINED PURSUANT TO LAW OR  SHAR-
 ING  AGREEMENT  PROVISIONS  CONSISTENT WITH LAW AND THE RIGHTS AND OBLI-
 GATIONS SET FORTH IN THIS SECTION; PROVIDED, HOWEVER,  THAT  A  PEER-TO-
 PEER  CAR  SHARING PROGRAM IS NOT PRECLUDED FROM PRESENTING A CLAIM TO A
 SHARED  VEHICLE  DRIVER  AND  HIS  OR  HER  INSURER  PURSUANT  TO  OTHER
 PROVISIONS OF THIS SECTION.
   (D)  CAUSES  OF ACTION CONCERNING THE EXISTENCE OF, LIABILITY FOR, AND
 EXTENT AND COST OF DAMAGE TO SUCH VEHICLE SHALL, WHERE  APPROPRIATE,  BE
 COMMENCED  BY A PEER-TO-PEER CAR SHARING PROGRAM IN A COURT OF COMPETENT
 JURISDICTION, IN ACCORDANCE WITH THE LIMITATIONS AND JURISDICTION OF THE
 APPROPRIATE COURT ACT, PROVIDED THE CLAIMANT HAS FIRST MAILED  A  DEMAND
 LETTER.  A  DEMAND  LETTER  SENT BY THE PEER-TO-PEER CAR SHARING PROGRAM
 PURSUANT TO THIS PARAGRAPH SHALL CONTAIN: (I) THE NAME AND  POST  OFFICE
 ADDRESS  OF  SUCH PEER-TO-PEER CAR SHARING PROGRAM, AND OF ITS ATTORNEY,
 IF ANY; (II) THE NATURE OF SUCH CLAIM; (III) THE TIME  WHEN,  THE  PLACE
 WHERE  AND  THE  MANNER  IN  WHICH SUCH CLAIM AROSE, IF KNOWN, OR IF NOT

 S. 5995                            20
 
 KNOWN, THE TIME WHEN AND PLACE WHERE THE DAMAGE WAS  DISCOVERED  BY  THE
 SHARED  VEHICLE  OWNER OR PEER-TO-PEER CAR SHARING PROGRAM; AND (IV) THE
 ITEMS OF DAMAGE OR INJURIES CLAIMED TO HAVE BEEN SUSTAINED,  ACCOMPANIED
 BY  SUPPORTING  DOCUMENTATION,  SUCH AS REPAIR BILLS, INVOICES AND ESTI-
 MATES IN THE POSSESSION OF OR AVAILABLE TO SUCH PEER-TO-PEER CAR SHARING
 PROGRAM. SUCH DEMAND LETTER SHALL BE SERVED  UPON  SUCH  SHARED  VEHICLE
 DRIVER  AND  HIS  OR HER INSURER IN A MANNER REASONABLY DESIGNED TO GIVE
 ACTUAL NOTICE, VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
 NOTHING CONTAINED HEREIN  SHALL  PROHIBIT  A  PEER-TO-PEER  CAR  SHARING
 PROGRAM  AND A SHARED VEHICLE DRIVER OR HIS OR HER INSURER FROM ENTERING
 INTO AN AGREEMENT AFTER A CLAIM OF LOSS TO SUBMIT THE  MATTER  TO  ARBI-
 TRATION OR MEDIATION.
   7.  NO  PEER-TO-PEER CAR SHARING PROGRAM SHALL HOLD ANY SHARED VEHICLE
 DRIVER LIABLE FOR ANY DAMAGE TO,  OR  LOSS  OF,  A  SHARED  VEHICLE,  AS
 PROVIDED  BY  THIS SECTION, UNLESS SUCH PEER-TO-PEER CAR SHARING PROGRAM
 PROMINENTLY DISCLOSES, IN THE PEER-TO-PEER CAR SHARING AGREEMENT, IN  AT
 LEAST  TWELVE  POINT  BOLD  FACE  DISPLAY, THE NATURE AND EXTENT OF SUCH
 LIABILITY AND SUCH DRIVER'S  RIGHTS  AND  RESPONSIBILITIES  PURSUANT  TO
 PARAGRAPH  (C)  OF  SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (G) OF
 SUBDIVISION THREE OF THIS SECTION.
   8. A SHARED VEHICLE DRIVER SHALL PROVIDE NOTICE  TO  THE  PEER-TO-PEER
 CAR  SHARING  PLATFORM  AND  APPROPRIATE  LAW  ENFORCEMENT AGENCY WITHIN
 TWELVE HOURS OF LEARNING OF THE THEFT OF A SHARED VEHICLE.
   § 220-I. RATE DISCLOSURES. NO PEER-TO-PEER CAR SHARING  PROGRAM  SHALL
 ADVERTISE  OR  QUOTE  A  RATE  THAT DOES NOT INCLUDE ALL CHARGES, EXCEPT
 TAXES OR OPTIONAL ITEMS AND/OR SERVICES OR ANY MILEAGE CHARGE, WHICH THE
 SHARED VEHICLE DRIVER MUST PAY TO OBTAIN ACCESS TO THE VEHICLE.
   § 220-J. GEOGRAPHICAL DISCRIMINATION PROHIBITED. IT SHALL BE  UNLAWFUL
 FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO ENGAGE IN ANY OF THE FOLLOW-
 ING  PRACTICES  SOLELY  ON THE BASIS OF THE GEOGRAPHICAL LOCATION OF THE
 RESIDENCE OF A NEW YORK STATE RESIDENT ATTEMPTING TO ENTER INTO A  PEER-
 TO-PEER CAR SHARING AGREEMENT:
   1.  REFUSING  TO  ALLOW PARTICIPATION IN SUCH PEER-TO-PEER CAR SHARING
 PROGRAM;
   2. IMPOSING ANY ADDITIONAL CHARGE FOR PEER-TO-PEER CAR  SHARING  OF  A
 SHARED VEHICLE; OR
   3.  IMPOSING  ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON SUCH
 PEER-TO-PEER CAR SHARING OF A SHARED VEHICLE.
   § 220-K.  GLOBAL  POSITIONING  SYSTEMS.  A  PEER-TO-PEER  CAR  SHARING
 PROGRAM  SHALL  NOT  USE  INFORMATION FROM ANY GLOBAL POSITIONING SYSTEM
 TECHNOLOGY TO DETERMINE OR IMPOSE ANY COSTS, FEES, CHARGES, OR PENALTIES
 ON A SHARED VEHICLE DRIVER FOR SUCH DRIVER'S USE OF  A  SHARED  VEHICLE.
 THE  USE  OF  GLOBAL POSITIONING TECHNOLOGY SHALL NOT LIMIT THE RIGHT OF
 SUCH PEER-TO-PEER CAR SHARING PROGRAM TO IMPOSE COSTS, FEES, CHARGES, OR
 PENALTIES TO RECOVER A VEHICLE THAT IS LOST, MISPLACED, OR  STOLEN.  THE
 PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT  BE CONSTRUED TO MODIFY OR
 SUPERSEDE ANY OTHER PROVISION OF LAW.
   § 220-L. NOTICE. IN ACCORDANCE WITH  ANY  APPLICABLE  FEDERAL  LAW  OR
 RULE, EVERY PEER-TO-PEER CAR SHARING PROGRAM SHALL DISPLAY THE FOLLOWING
 NOTICE  PROMINENTLY  AND  IN  A  CLEAR  AND  CONSPICUOUS LOCATION ON ITS
 WEBSITE, WITH LETTERING THAT IS LEGIBLE:
   "NOTICE: NEW YORK STATE LAW PROHIBITS THE FOLLOWING PRACTICES BY PEER-
 TO-PEER CAR SHARING PROGRAMS BASED  UPON  RACE,  COLOR,  ETHNIC  ORIGIN,
 RELIGION,  DISABILITY, SEX, MARITAL STATUS, OR AGE: (1) REFUSAL TO ALLOW
 PARTICIPATION IN A PEER-TO-PEER CAR SHARING PROGRAM; AND (2) THE IMPOSI-
 TION OF ANY ADDITIONAL CHARGE (EXCEPT IN  CERTAIN  INSTANCES  WHERE  THE

 S. 5995                            21
 
 SHARED VEHICLE DRIVER IS UNDER THE AGE OF 25). IN ADDITION, IT IS UNLAW-
 FUL  FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO REFUSE TO ALLOW PARTIC-
 IPATION IN THE PROGRAM TO ANY PERSON SOLELY ON THE REQUIREMENT OF OWNER-
 SHIP OF A CREDIT CARD."
   §  220-M.  ELECTRONIC  NOTICE AUTHORIZED. 1. NOTWITHSTANDING ANY OTHER
 PROVISION OF THIS ARTICLE, ANY NOTICE OR DISCLOSURE OF GENERAL  APPLICA-
 BILITY  REQUIRED  TO  BE  PROVIDED, DELIVERED, POSTED, OR OTHERWISE MADE
 AVAILABLE BY A PEER-TO-PEER SHARING PROGRAM PURSUANT TO ANY PROVISION OF
 THIS ARTICLE SHALL ALSO BE DEEMED TIMELY AND EFFECTIVELY MADE WHERE SUCH
 NOTICE OR DISCLOSURE IS PROVIDED  OR  DELIVERED  ELECTRONICALLY  TO  THE
 SHARED  VEHICLE  OWNER  AND/OR  DRIVER  AT  OR BEFORE THE TIME REQUIRED,
 PROVIDED THAT SUCH SHARED VEHICLE OWNER AND/OR DRIVER HAS GIVEN  HIS  OR
 HER  EXPRESS  CONSENT  TO  RECEIVE  SUCH  NOTICE OR DISCLOSURE IN SUCH A
 MANNER.
   2. ELECTRONIC OR WRITTEN ACCEPTANCE SHALL HEREBY  BE  DEEMED  A  VALID
 FORM  OF  ACCEPTANCE  OF  ANY  SUCH NOTICE OR DISCLOSURE, AND ACCEPTANCE
 SHALL REMAIN EFFECTIVE UNTIL SUCH TIME AS  ACCEPTANCE  IS  AFFIRMATIVELY
 WITHDRAWN  BY  SUCH SHARED VEHICLE DRIVER.  NOTICES AND DISCLOSURES MADE
 ELECTRONICALLY PURSUANT TO THIS SUBDIVISION SHALL  BE  EXEMPT  FROM  ANY
 PLACEMENT  OR  STYLISTIC DISPLAY REQUIREMENTS, INCLUDING BUT NOT LIMITED
 TO  LOCATION,  FONT  SIZE,  TYPESET,  OR   OTHER   SPECIFICALLY   STATED
 DESCRIPTION; PROVIDED SUCH DISCLOSURE IS MADE IN A CLEAR AND CONSPICUOUS
 MANNER.
   §  220-N.  AIRPORT TRANSACTIONS. IF AN AIRPORT OPERATOR, INCLUDING BUT
 NOT LIMITED TO THE PUBLIC AUTHORITY RESPONSIBLE FOR REGULATING  COMMERCE
 AT SUCH AIRPORT WITHIN THE STATE, REQUESTS THAT A PEER-TO-PEER CAR SHAR-
 ING  PROGRAM  ENTER  INTO AN AIRPORT CONCESSION AGREEMENT, SUCH PEER-TO-
 PEER CAR SHARING PROGRAM SHALL ENTER INTO A WRITTEN AGREEMENT  PRIOR  TO
 ENABLING PEER-TO-PEER CAR SHARING TO BE:
   1. ADVERTISED AS, OR OTHERWISE MADE, AVAILABLE AT THE AIRPORT LOCATION
 THROUGH THE PEER-TO-PEER CAR SHARING PROGRAM; OR
   2. FACILITATED THROUGH ITS PEER-TO-PEER CAR SHARING PROGRAM, WHERE THE
 PEER-TO-PEER CAR SHARING PERIOD COMMENCES AT THE AIRPORT.
   §  220-O.  ENFORCEMENT. 1. EXCEPT WHERE A DIFFERENT PENALTY IS SPECIF-
 ICALLY IMPOSED PURSUANT TO ANY PROVISION OF THIS ARTICLE,  ANY  PEER-TO-
 PEER  CAR  SHARING PROGRAM FOUND BY A COURT OF COMPETENT JURISDICTION TO
 HAVE VIOLATED A PROVISION OF THIS ARTICLE SHALL BE SUBJECT TO A  PENALTY
 OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS
 FOR EACH VIOLATION.
   2.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
 CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE  OF
 THE  STATE OF NEW YORK TO A COURT OF COMPETENT JURISDICTION BY A SPECIAL
 PROCEEDING FOR THE IMPOSITION OF A FINE OR THE ISSUANCE OF AN INJUNCTION
 AGAINST ANY VIOLATION OF THIS SECTION, UPON NOTICE TO SUCH  PEER-TO-PEER
 CAR  SHARING  PROGRAM OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN
 THE CONTINUANCE OF SUCH VIOLATIONS.
   (B) IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED  THIS
 SECTION,  AN  INJUNCTION  MAY  BE  ISSUED  BY  SUCH COURT, ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
   (C)  IN  ANY  PROCEEDING  AUTHORIZED PURSUANT TO THIS SUBDIVISION, THE
 COURT MAY DIRECT RESTITUTION AND MAKE ALLOWANCES TO THE ATTORNEY GENERAL
 AS PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
   (D) IN SUPPORT OF ANY APPLICATION PURSUANT TO  THIS  SUBDIVISION,  THE
 ATTORNEY  GENERAL  IS  AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACT
 AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.

 S. 5995                            22
 
   3. ANY CLAUSE OR PROVISION OF A  PEER-TO-PEER  CAR  SHARING  AGREEMENT
 INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE SHALL BE DEEMED VOID AS
 AGAINST PUBLIC POLICY.
   §  4. Section 1160 of the tax law, as added by chapter 190 of the laws
 of 1990, paragraph 1 of subdivision a as amended by section 1 and  para-
 graph  2  of subdivision a as amended by section 2 of part R1 of chapter
 57 of the laws of 2009, is amended to read as follows:
   § 1160. Special tax on passenger  car  rentals  AND  PEER-TO-PEER  CAR
 SHARING  TRANSACTIONS.  (a) (1) In addition to any tax imposed under any
 other article of this chapter, there is hereby imposed and  there  shall
 be  paid  a  tax of six percent upon the receipts from every rental of a
 passenger car which is a retail sale of such passenger car.
   (2) Except to the extent that a  passenger  car  rental  described  in
 paragraph one of this subdivision has already been or will be subject to
 the  tax  imposed  under such paragraph and except as otherwise exempted
 under this article, there is hereby imposed on every  person  and  there
 shall  be  paid a use tax for the use within this state of any passenger
 car rented by the user OR USED PURSUANT TO A  PEER-TO-PEER  CAR  SHARING
 PROGRAM,  which  is  a purchase at retail of such passenger car, but not
 including any lease of a passenger  car  to  which  subdivision  (i)  of
 section  eleven  hundred eleven of this chapter applies. For purposes of
 this paragraph, the tax shall be at the  rate  of  six  percent  of  the
 consideration  given or contracted to be given for such property, or for
 the use of such property, including any charges for shipping or delivery
 as described in paragraph three of subdivision  (b)  of  section  eleven
 hundred  one  of  this  chapter,  but  excluding any credit for tangible
 personal property accepted in part payment and intended for resale.
   (b) For purposes of this  section,  the  following  definitions  shall
 apply:
   (1)  Motor  vehicle. A motor vehicle as defined in section one hundred
 twenty-five of the vehicle and traffic law, but not including a motorcy-
 cle.
   (2) Passenger car. A motor vehicle having a gross  vehicle  weight  of
 nine  thousand pounds or less with a seating capacity of nine persons or
 less designed for passenger transportation.
   (3) Rental. The transfer of possession of a motor  vehicle,  INCLUDING
 TRANSFER  PURSUANT TO A TRANSACTION TO OBTAIN THE USE OF A MOTOR VEHICLE
 PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM, whether or not the motor
 vehicle is required to be or is registered by this state, for a  consid-
 eration,  without  the  transfer of the ownership of such motor vehicle,
 but not including a lease described in subdivision (i) of section eleven
 hundred eleven of this chapter.
   (4) PEER-TO-PEER CAR SHARING PROGRAM. A PROGRAM AS DEFINED IN  SECTION
 THREE THOUSAND FIVE HUNDRED ONE OF THE INSURANCE LAW.
   §  5.   Section 1166-a of the tax law, as amended by section 1 of part
 WW of chapter 59 of the laws of 2019, is amended to read as follows:
   § 1166-a. Special supplemental tax on passenger car rentals AND  PEER-
 TO-PEER CAR SHARING TRANSACTIONS within the metropolitan commuter trans-
 portation  district.  (a)  In  addition to the tax imposed under section
 eleven hundred sixty of this article and in addition to any tax  imposed
 under  any  other  article  of this chapter, there is hereby imposed and
 there shall be paid a tax at the rate of six percent upon  the  receipts
 from  every  rental  of  a  passenger car which is a retail sale of such
 passenger car within the metropolitan commuter  transportation  district
 as defined in subsection (a) of section eight hundred of this chapter.

 S. 5995                            23
 
   (b)  Except  to  the  extent  that a passenger car rental described in
 subdivision (a) of this section, or section eleven  hundred  sixty-six-b
 of  this article, has already been or will be subject to the tax imposed
 under such subdivision or section and except as otherwise exempted under
 this article, there is hereby imposed on every person and there shall be
 paid  a use tax for the use within the metropolitan commuter transporta-
 tion district as defined in subsection (a) of section eight  hundred  of
 this  chapter;  of any passenger car rented by the user OR USED PURSUANT
 TO A PEER-TO-PEER CAR SHARING PROGRAM, that is a purchase at  retail  of
 such  passenger  car,  but not including any lease of a passenger car to
 which subdivision (i) of section eleven hundred eleven of  this  chapter
 applies.  For purposes of this subdivision, the tax shall be at the rate
 of six percent of the consideration given or contracted to be given  for
 such  property,  or  for the use of such property, including any charges
 for shipping or delivery as described in paragraph three of  subdivision
 (b)  of  section  eleven  hundred one of this chapter, but excluding any
 credit for tangible personal  property  accepted  in  part  payment  and
 intended for resale.
   §  6.  Paragraphs  (c)  and (d) of subdivision 4 of section 311 of the
 vehicle and traffic law, paragraph (c) as amended by chapter 200 of  the
 laws  of  1974,  are amended and a new paragraph (e) is added to read as
 follows:
   (c) In the case of a vehicle lawfully registered in another state,  or
 in  both  this  state  and  another  state, either a policy issued by an
 authorized insurer, or  a  policy  issued  by  an  unauthorized  insurer
 authorized  to  transact  business in another state if such unauthorized
 insurer files with the commissioner in form to  be  approved  by  him  a
 statement  consenting  to  service of process and declaring its policies
 shall be deemed to be varied to comply with  the  requirements  of  this
 article; [and]
   (d) The form of which has been approved by the superintendent. No such
 policy  shall  be  issued or delivered in this state until a copy of the
 form of policy shall have been on file with the  superintendent  for  at
 least  thirty days, unless sooner approved in writing by the superinten-
 dent, nor if within said period of thirty days the superintendent  shall
 have notified the carrier in writing that in his opinion, specifying the
 reasons  therefor,  the  form of policy does not comply with the laws of
 this state[.]; AND
   (E) IN THE CASE OF A SHARED VEHICLE, AS DEFINED IN SECTION THREE THOU-
 SAND FIVE HUNDRED ONE OF THE INSURANCE  LAW,  WHICH  SHALL  BE  USED  IN
 CONNECTION  WITH  A  PEER-TO-PEER CAR SHARING PROGRAM AS DEFINED IN SUCH
 SECTION, THE INSURANCE REQUIREMENTS SET FORTH IN PARAGRAPH (A)  OF  THIS
 SUBDIVISION  MAY  BE  MET BY A GROUP INSURANCE POLICY ISSUED PURSUANT TO
 SECTION THREE THOUSAND FIVE HUNDRED NINE OF THE INSURANCE  LAW  TO  SUCH
 PEER-TO-PEER  CAR  SHARING PROGRAM FOR ANY TIME THAT SUCH SHARED VEHICLE
 IS BEING USED IN CONNECTION WITH SUCH PEER-TO-PEER CAR SHARING PROGRAM.
   § 7. Section 312 of the vehicle and traffic law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. IN THE CASE OF FINANCIAL SECURITY PROCURED BY A PEER-TO-PEER  CAR
 SHARING PROGRAM AS SET FORTH IN SECTION THREE THOUSAND FIVE HUNDRED NINE
 OF  THE  INSURANCE LAW, SUCH PROGRAM SHALL PROVIDE THE COMMISSIONER WITH
 PROOF OF FINANCIAL SECURITY IN THE FORM  OF  A  GROUP  INSURANCE  POLICY
 COVERING  ITSELF AND THE OWNERS OF ALL PERSONAL PASSENGER MOTOR VEHICLES
 REGISTERED IN THIS STATE THAT PARTICIPATE  IN  THE  PROGRAM  AS  INSURED
 GROUP  MEMBERS,  COVERING  THOSE  VEHICLES  WHILE THEY ARE BEING USED IN
 CONJUNCTION  WITH  THAT  PROGRAM.  SUCH  PROOF  SHALL  NOT  BE  USED  IN

 S. 5995                            24
 
 CONNECTION  WITH  THE  REGISTRATION  OF THE VEHICLES AND NO SUCH VEHICLE
 SHALL BE REGISTERED UNLESS THE REGISTERED OWNER OF THE VEHICLE SEPARATE-
 LY COMPLIES WITH SUBDIVISION ONE OF THIS SECTION.
   § 8. Subdivision 1 of section 312-a of the vehicle and traffic law, as
 amended  by  chapter  781  of  the  laws  of 1983, is amended to read as
 follows:
   1. Upon issuance of an owner's policy of liability insurance, A  GROUP
 LIABILITY  INSURANCE POLICY ISSUED TO A PEER-TO-PEER CAR SHARING PROGRAM
 PURSUANT TO SECTION THREE THOUSAND FIVE HUNDRED NINE  OF  THE  INSURANCE
 LAW  or  other  financial  security required by this chapter, an insurer
 shall issue proof  of  insurance  in  accordance  with  the  regulations
 promulgated by the commissioner pursuant to paragraph (b) of subdivision
 two of section three hundred thirteen of this article.
   §  9.  Paragraphs  (a)  and (b) of subdivision 2 of section 313 of the
 vehicle and traffic law, as amended by chapter 509 of the laws of  1998,
 are amended to read as follows:
   (a)  Upon  the termination of an owner's policy of liability insurance
 OR A GROUP LIABILITY INSURANCE POLICY ISSUED TO A PEER-TO-PEER CAR SHAR-
 ING PROGRAM PURSUANT TO SECTION THREE THOUSAND FIVE HUNDRED NINE OF  THE
 INSURANCE LAW, other than an owner's policy of liability insurance for a
 motorcycle,  at  the  request  of  the insured or by cancellation by the
 insurer, the insurer shall file a notice of termination  with  reference
 to such policy, as opposed to any insured vehicle or vehicles under such
 policy,  with  the commissioner not later than thirty days following the
 effective date of such cancellation or other termination, in  accordance
 with  the  regulations required by paragraph (c) of this subdivision. An
 insurer shall not file a notice of  termination  with  the  commissioner
 except as required by this subdivision.
   (b) Upon the issuance of an owner's policy of liability insurance OR A
 GROUP LIABILITY INSURANCE POLICY ISSUED TO A PROGRAM PROVIDER OF A PEER-
 TO-PEER  CAR  SHARING  PROGRAM  PURSUANT  TO SECTION THREE THOUSAND FIVE
 HUNDRED NINE OF THE INSURANCE LAW, the insurer shall file  a  notice  or
 confirmation  of  issuance  with reference to such policy not later than
 fourteen days following the effective date of  such  issuance,  and  not
 later  than  seven days following the effective date for policies issued
 after January first, two thousand one,  in  accordance  with  the  regu-
 lations required by paragraph (c) of this subdivision.
   §  10.  Consent orders. All consent orders agreed to by the department
 of financial services, concerning  allegations  of  unauthorized  and/or
 unlawful operation of a peer-to-peer car sharing program in the state of
 New  York, and involving incidents which allegedly occurred prior to the
 effective date of this act, shall be deemed, satisfied, expired, discon-
 tinued and non-renewable by all parties, on and after the effective date
 of this act.
   § 11. This act shall take effect on the ninetieth day after  it  shall
 have  become  a  law; provided, however, that if section 1 of part WW of
 chapter 59 of the laws of 2019 shall not have taken effect on or  before
 such  date  then  section five of this act shall take effect on the same
 date and in the same manner as such chapter of the laws  of  2019  takes
 effect.

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Senate Bill S5995

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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Sponsored By

Neil D. Breslin

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

2019-S5995 (ACTIVE) - Details

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