Nevada 2021 Regular Session Status: In Committee

AB 429 — Establishes provisions governing peer-to-peer car sharing programs. (BDR 43-861)

Last action — (No further action taken.)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

588 added · 566 removed

588 line(s) added, 566 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 16, 20) A.B.
REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§§ 16, 20) (Reprinted with amendments adopted on April 20, 2021) FIRST REPRINT A.B.
EffEffect on the State:
Effect on Local Government:
Yes.No.
No.
Effect on the State:
Yes.
If the insurance policy used to satisfy these requirements has lapsed or does not meet the up to the required level of coverage.
If the insurance policy used to satisfy these requirements has lapsed or does not meet the requirements, the peer-to-peer car sharing program assumes liability for damages insurer to exclude from coverage claims afforded under a shared vehicle owner’shorized motor vehicle liability insurance policy.
Section 15 of this bill authorizes an authorized insurer to exclude from coverage claims afforded under a shared vehicle owner’s motor vehicle liability insurance policy.
- *AB429_R1* – 2 – Sections 14 and 25 of this bill require a peer-to-peer car sharing program to make certain disclosures to shared vehicle owners and shared vehicle drivers.
- *AB429* – 2 – Sections 14 and 25 of this bill require a peer-to-peer car sharing program to make certain disclosures to shared vehicle owners and shared vehicle drivers.
Sec.
- *AB429_R1* – 3 – Sec.
- *AB429* – 3 – 1.
1.
(a) If there is a car sharing delivery period, at the start of the period;
(a) If there is a car sharing delivery period, at the start of that period;
“Car sharing start time” means the time:
“Car sharing start time” means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of the peer-to- peer car sharing program.
1.
At or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program at which the shared vehicle becomes subject to the control of the shared vehicle driver;
or 2.
If the shared vehicle becomes subject to the control of the shared vehicle driver before the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program, the time of the reservation.
“Car sharing termination time” means:
“Car sharing termination time” means whichever of the following events occurs first:
When the shared vehicle owner or the authorized designee of the shared vehicle owner takes possession and control of the shared vehicle, whichever occurs first.
When the shared vehicle owner or the authorized designee of the shared vehicle owner takes possession and control of the shared vehicle.
7.5.
“Peer-to-peer car sharing” means the authorized use of a vehicle by an individual other than the owner of the vehicle through a peer-to-peer car sharing program.
Sec.
“Peer-to-peer car sharing program” means a platform that connects vehicle owners with drivers to enable the sharing of vehicles in exchange for money.
“Peer-to-peer car sharing program” means a platform operated by a business that connects shared vehicle owners with shared vehicle drivers to enable the sharing of vehicles in exchange for money.
Sec.
- *AB429_R1* – 4 – Sec.
- *AB429* – 4 – Sec.
Sec.
(a) For bodily injury to or death of one person in any one crash, $25,000;
(a) For bodily injury to or death of one person in any one crash, $50,000;
(b) For bodily injury to or death of two or more persons in any one crash and subject to the limit for one person, $50,000;
(b) For bodily injury to or death of two or more persons in any one crash and subject to the limit for one person, $100,000;
The assumption of liability pursuant to subsection 1 includes, without limitation, liability for bodily injury, property damage, uninsured and underinsured motorist or personal injury protection losses by damaged third parties to the same extent as the insurance required by NRS 485.185 is required to include coverage for such damage or losses.
The assumption of liability pursuant to subsection 1 includes, without limitation, liability for bodily injury, property damage, uninsured and underinsured motorist or personal injury protection losses by damaged third parties to the same extent as the insurance required by NRS 485.185 is required to include coverage for such damage or losses, up to any applicable amount set forth in subsection 1.
A peer-to-peer car sharing program shall ensure that, during each car sharing period, both the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that includes coverage which is not less than the coverage required by NRS 485.185 and which:
A peer-to-peer car sharing program shall ensure that, during each car sharing period:
(a) Expressly recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program;
(a) Both the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that includes coverage which is not less than:
and (b) Does not prohibit or exclude the use of the shared vehicle by a shared vehicle driver.
(1) For bodily injury to or death of one person in any one crash, $50,000;
- *AB429_R1* – 5 – (2) For bodily injury to or death of two or more persons in any one crash and subject to the limit for one person, $100,000;
and (3) For injury to or destruction of property of others in any one crash, $20,000,  or any amount set forth in the car sharing program agreement which is greater than an amount provided for by this section.
(b) Any insurance policy used to satisfy the requirements of paragraph (a):
(1) Expressly recognizes that the shared vehicle insured under the policy is made available and used through a peer-to- peer car sharing program;
or (2) Does not prohibit or exclude the use of the shared vehicle by a shared vehicle driver.
- *AB429* – 5 – (a) The shared vehicle owner;
(a) The shared vehicle owner;
If, during the car sharing period, a claim arises in another state with minimum financial responsibility requirements that are higher than the requirements of NRS 485.185, the insurance policy used to satisfy the requirements of subsection 4 must satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
If, during the car sharing period, a claim arises in another state with minimum financial responsibility requirements that are higher than the amounts set forth in paragraph (a) of subsection 4, the insurance policy used to satisfy the requirements of subsection 4 must satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
(a) Shall assume liability for damages up to the amounts set forth in subsection 1, which may be satisfied through the peer-to- peer car sharing program’s own insurance policy, beginning with the first dollar of any claim;
(a) Shall assume liability for damages up to the amounts set forth in subsection 1, which may be satisfied through the - *AB429_R1* – 6 – peer-to-peer car sharing program’s own insurance policy, beginning with the first dollar of any claim;
or - *AB429* – 6 – (b) Limit the ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or shared vehicle driver for economic loss sustained by the peer- to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
or (b) Limit the ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or shared vehicle driver for economic loss sustained by the peer- to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
At the time when the owner of a motor vehicle registers as a shared vehicle owner and before the shared vehicle owner is permitted to make his or her vehicle available for car sharing through a peer-to-peer car sharing program, the peer-to- peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including, without limitation, use without insurance coverage for physical damage, may violate the terms of the contract with the lienholder.
At the time when the owner of a motor vehicle registers as a shared vehicle owner through a peer-to-peer car sharing program and before the shared vehicle owner is permitted to make his or her vehicle available for car sharing through a peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including, without limitation, use without insurance coverage for physical damage, may violate the terms of the contract with the lienholder.
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(d) Medical payments coverage;
- *AB429_R1* – 7 – (d) Medical payments coverage;
A peer-to-peer car sharing program shall collect and maintain the following records relating to the use of a shared - *AB429* – 7 – vehicle through the peer-to-peer car sharing program in such format as the Director may prescribe:
A peer-to-peer car sharing program shall collect and maintain the following records relating to peer-to-peer car sharing of a shared vehicle through the peer-to-peer car sharing program in such format as the Director may prescribe:
The peer-to-peer car sharing program shall maintain the records required pursuant to subsection 1 for a period of not less than 4 years after the record is created.
The peer-to-peer car sharing program shall maintain the peer-to-peer car sharing records required pursuant to subsection 1 for a period of not less than 6 years after the record is created.
Upon request, the peer-to-peer car sharing program shall provide copies of the records maintained pursuant to this section and section 26 of this act to the shared vehicle owner, shared vehicle driver or insurer of the shared vehicle owner or shared vehicle driver to facilitate a claim coverage investigation or the settlement, negotiation or litigation of a claim.
Upon request, the peer-to-peer car sharing program shall provide copies of the peer-to-peer car sharing records maintained pursuant to this section and section 26 of this act to the shared vehicle owner, shared vehicle driver, insurer of the shared vehicle owner or shared vehicle driver or a claimant alleging damages related to the use of the shared vehicle to facilitate a claim coverage investigation or the settlement, negotiation or litigation of a claim.
Upon request, each record maintained pursuant to this section and section 26 of this act must be made available for inspection by a shared vehicle owner, shared vehicle driver, the insurer of a shared vehicle owner or shared vehicle driver or the Department or its designee at any time during regular business hours, subject to the provisions of any applicable data security or data privacy law.
Upon request, each peer-to-peer car sharing record maintained pursuant to this section and section 26 of this act must be made available for inspection by a shared vehicle owner, shared vehicle driver, the insurer of a shared vehicle owner or shared vehicle driver or the Department or its designee at any time - *AB429_R1* – 8 – during regular business hours, subject to the provisions of any applicable data security or data privacy law.
- *AB429* – 8 – Sec.
Sec.
3.
Nothing in this section shall be construed to require a peer-to-peer car sharing program to obtain or maintain the motor vehicle liability insurance policy necessary to satisfy the requirements of subsection 4 of section 13 of this act or to impose - *AB429_R1* – 9 – any liability on the peer-to-peer car sharing program which does not obtain or maintain such a policy.
(b) Provide evidence of insurance coverage to satisfy any liability that accrues to a peer-to-peer car sharing program for damage that arises from the failure of the peer-to-peer car sharing program to comply with the provisions of this chapter in an amount established by the Director by regulation, which is separate from any insurance coverage a peer-to-peer car sharing program may use to satisfy the liability which may accrue to a peer-to-peer car sharing program pursuant to section 13 of this act or which may be used to satisfy the requirements of subsection 4 of section 13 of this act, or a file a bond or make a deposit pursuant to section 24 of this act.
(b) Provide evidence of insurance coverage to satisfy any liability that accrues to a peer-to-peer car sharing program for damage that arises from the failure of the peer-to-peer car sharing program to comply with the provisions of this chapter in an amount established by the Director by regulation, which is separate from any insurance coverage a peer-to-peer car sharing program may use to satisfy the liability which may accrue to a peer-to-peer car sharing program pursuant to section 13 of this act or which may be used to satisfy the requirements of subsection 4 of section 13 of this act, or file a bond or make a deposit pursuant to section 24 of this act.
- *AB429* – 9 – 3.
3.
If the Department notifies a peer-to-peer car sharing program that the peer-to-peer car sharing program has violated the provisions of this chapter or the regulations adopted pursuant thereto and the peer-to-peer car sharing program fails to take corrective action within 10 days after having received the notice or continues to violate the provisions of this chapter or the regulations adopted pursuant thereto, this shall be deemed prima facie evidence of willful failure to comply with the provisions of this chapter or the regulations adopted pursuant thereto.
If the Department notifies a peer-to-peer car sharing program that the peer-to-peer car sharing program has violated the provisions of this chapter or the regulations adopted pursuant thereto and the peer-to-peer car sharing program fails to take corrective action within 10 days after having received the notice or continues to violate the provisions of this chapter or the regulations adopted pursuant thereto, the failure to take corrective action or the continuing violation, as applicable, shall be deemed prima facie evidence of willful failure - *AB429_R1* – 10 – to comply with the provisions of this chapter or the regulations adopted pursuant thereto.
Except as otherwise provided in subsection 3, the Director shall make written findings of fact and conclusions and grant or finally deny the application or revoke the license within 15 days after the hearing unless by interim order the Director extends the time to 30 days after the hearing.
Except as otherwise provided in subsection 3, the Director shall make written findings of fact and conclusions and grant or finally deny the application or suspend or revoke the license within 15 days after the hearing unless by interim order the Director extends the time to 30 days after the hearing.
If the Director finds that the action is necessary in the public interest, upon notice to the licensee, the Director may temporarily suspend or refuse to renew the license issued to a peer-to-peer car sharing program for a period not to exceed - *AB429* – 10 – 30 days.
If the Director finds that the action is necessary in the public interest, upon notice to the licensee, the Director may temporarily suspend or refuse to renew the license issued to a peer-to-peer car sharing program for a period not to exceed 30 days.
(b) Deposit with the Department, under such terms as the Director may prescribe, a like amount of lawful money of the United States or a savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, which must state that the amount is unavailable for withdrawal except upon order of the Director.
(b) Deposit with the Department, under such terms as the Director may prescribe, a like amount of lawful money of the United States or a savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, - *AB429_R1* – 11 – which must state that the amount is unavailable for withdrawal except upon order of the Director.
or - *AB429* – 11 – (b) A statement signed by the licensee requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
or (b) A statement signed by the licensee requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
or (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
or - *AB429_R1* – 12 – (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
- *AB429* – 12 – 5.
5.
(a) The name and address of each shared vehicle driver;
- *AB429_R1* – 13 – (a) The name and address of each shared vehicle driver;
- *AB429* – 13 – (a) Verify that the shared vehicle is not subject to any safety recalls on the vehicle for which the repairs have not been made;
(a) Verify that the shared vehicle is not subject to any safety recalls on the vehicle for which the repairs have not been made;
Sec.
- *AB429_R1* – 14 – Sec.
(1) Any peer-to-peer car sharing company operating within the scope of a valid license issued pursuant to section 20 of this act;
(1) Any peer-to-peer car sharing program operating within the scope of a valid license issued pursuant to section 20 of this act;
(1) A peer-to-peer car sharing program operating within the scope of a valid license issued pursuant to section 20 of this act to obtain from the local government any certificate, license or permit to operate as a peer-to-peer car sharing company;
(1) A peer-to-peer car sharing program operating within the scope of a valid license issued pursuant to section 20 of this act to obtain from the local government any certificate, license or permit to operate as a peer-to-peer car sharing program;
- *AB429* – 14 – 2.
2.
(b) Prohibit an airport or its governing body from requiring a peer-to-peer car sharing program to:
(b) Prohibit an airport or its governing body from requiring a peer-to-peer car sharing program or shared vehicle owner to:
or (2) Comply with any other requirement to operate at the airport.
(2) Pay a fee to operate at the airport;
or (3) Comply with any other requirement to operate at the airport.
1.
- *AB429_R1* – 15 – 1.
“Lease” means a contract by which the lienholder or owner of a vehicle transfers to another person, for compensation, the right to use such vehicle [.] , not including the sharing of a vehicle through a peer-to-peer car sharing program pursuant to sections 2 to 29, inclusive, of this act.
“Lease” means a contract by which the lienholder or owner of a vehicle transfers to another person, for compensation, the right to use such vehicle [.] but does not include the sharing of a vehicle through a peer-to-peer car sharing program pursuant to sections 2 to 29, inclusive, of this act.
A peer-to-peer car sharing program licensed pursuant to section 20 of this act and an owner of a vehicle who makes the vehicle available for use through such a program who operate pursuant to the provisions of sections 2 to 29, inclusive, of this act - *AB429* – 15 – lessor.ot be deemed to be engaged in the activities of a short-term Sec.
A peer-to-peer car sharing program licensed pursuant to section 20 of this act and a shared vehicle owner as defined by section 11 of this act shall not be deemed to be engaged in the activities of a short-term lessor.
Sec.
H - *AB429*
H - *AB429_R1*
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Amendments

1 amendment

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Action History

  1. (No further action taken.)

  2. From printer. To engrossment. Engrossed. First reprint. To committee.

  3. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 380.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  4. Notice of eligibility for exemption.

  5. From printer. To committee.

  6. Read first time. Referred to Committee on Growth and Infrastructure. To printer.

Sponsors

  • Assembly Committee on Growth and Infrastructure · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Growth and Infrastructure

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

transportation
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Frequently asked questions

Who sponsors AB 429?
AB 429 is sponsored by Assembly Committee on Growth and Infrastructure.
What is the current status of AB 429?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 429?
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