SB 1458 — technical correction; tax returns

SB1458 - 542R - IS-Appropriations Ver-  Strike  Everything-Proposed   REFERENCEFifty-fourth TITLE:Legislature                                           Appropriations Second Regular Session                                                  S.B.

technical  correction;PROPOSED SENATE AMENDMENTS TO S.B.

tax returns       State of Arizona Senate Fifty-fourth Legislature Second Regular Session     SB 1458  (Reference Introducedto byprinted Senatorbill) Fann    Strike ANeverything ACTafter  the amendingenacting sectionclause 43‑321,and Arizonainsert: Revised Statutes;

relating"Section 1.  Title to28, taxArizona returns.Revised Statutes, is amended by adding chapter 31, to read:

 CHAPTER  31 (TEXTPEER-TO-PEER OFCAR BILLSHARING BEGINSARTICLE ON1.  GENERAL NEXTPROVISIONS PAGE)START_STATUTE28-9601.  Notice  to Beowner itof enactedvehicle bywith lien A.  When a person becomes a shared vehicle owner on a peer-to-peer car sharing program, the Legislaturepeer-to-peer ofcar sharing program shall notify the Stateshared vehicle owner that if the shared vehicle has a lien, using the shared vehicle through a peer-to-peer car sharing program, including using the shared vehicle without physical damage coverage, may violate the terms of Arizona:the contract with the lienholder.

Section 1.  SectionB.  The 43-321,peer‑to‑peer Arizonacar Revisedsharing Statutes,program isshall amendedprovide tothe read:notice prescribed in subsection a of this section before the shared vehicle owner makes a shared vehicle available for peer‑to‑peer car sharing on the peer‑to‑peer car sharing program.

START_STATUTE43-321.  InformationEND_STATUTE requiredSTART_STATUTE28-9602.  Shared invehicle returnsrecords; Each return required to be filed under this title shall contain the following:

1.  Itretention TheA returnpeer-to-peer car sharing program shall containcollect orand beverify verifiedrecords byrelating to the use of a declarationshared vehicle, including times used, fees paid by the shared vehicle driver and monies received by the shared vehicle owner, and provide that itinformation ison maderequest underto penaltiesthe ofshared perjury.  Thevehicle declarationowner, shallthe beshared writtenvehicle owner's insurer or inthe shared vehicle driver's insurer to facilitate a formclaim prescribedcoverage byinvestigation.  The thepeer-to-peer departmentcar pursuantsharing toprogram sectionshall 42‑1105,retain subsectionthe B.records for at least two years.

2.  AEND_STATUTE specificSTART_STATUTE28-9603.  Insurance statementclaims; of the items of the taxpayer's gross income and the adjustments, deductions and credits allowed by this title.

3.  Suchshared othervehicles; information as the department may by rule prescribe for the purpose of carrying out the provisions of this title.

END_STATUTEindemnification A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the motor vehicle insurer's policy may seek indemnification from the motor vehicle insurer of the peer-to-peer car sharing program if the claim is both:

1.  Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.

2.  Excluded under the terms of its policy.

END_STATUTE START_STATUTE28-9604.  Responsibility for equipment A peer-to-peer car sharing program has sole responsibility for any equipment, including a global positioning system or other special equipment, that is put in or on a shared vehicle to monitor or facilitate the car sharing transaction and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of the equipment during the car sharing period if the shared vehicle owner does not cause the damage or theft.  The peer-to-peer car sharing program may seek indemnity from the shared vehicle driver for any loss or damage to the equipment that occurs during the sharing period.

END_STATUTE START_STATUTE28-9605.  Safety recalls A.  When a vehicle owner becomes a shared vehicle owner on a peer‑to‑peer car sharing program and before the shared vehicle owner makes a shared vehicle available for peer‑to‑peer car sharing on the peer‑to‑peer car sharing program, the peer-to-peer car sharing program shall:

1.  Verify that the shared vehicle does not have any safety recalls on the shared vehicle for which the repairs are not made.

2.  Notify the shared vehicle owner of the requirements prescribed by subsections b, c and d of this section.

B.  If a vehicle owner has received an actual notice of a safety recall on the owner's vehicle, the vehicle owner may not make the vehicle available as a shared vehicle until the safety recall repair is made.

C.  If a shared vehicle owner receives a notice of a safety recall on the shared vehicle while the shared vehicle is made available on the peer‑to‑peer car sharing program, the shared vehicle owner shall remove the shared vehicle from availability on the peer-to-peer car sharing program as soon as practicable.  The shared vehicle owner may not make the shared vehicle available on the peer‑to‑peer car sharing program until the safety recall repair is made.

D.  If a shared vehicle owner receives a notice of a safety recall while the shared vehicle is in the possession of a shared vehicle driver, as soon as practicable, the shared vehicle owner shall notify the peer‑to‑peer car sharing program about the safety recall so that the shared vehicle owner may make the safety recall repair." END_STATUTE Amend title to conform     DAVID LIVINGSTON   1458LIVINGSTON 02/18/2020 05:00 PM C:

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