The Committee on Transportation proposes the following amendment (SR-307.CEM0002S):
Amend the bill, as and if amended, SECTION 1, by striking Section 56-36-10(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (12) and inserting:
(1) "Applicable taxes" means with respect to shared vehicles purchased in South Carolina, sales taxes levied under Title 12, Chapter 36, and any tax imposed under the authority of Title 4, Chapter 10. With respect to vehicles not purchased in South Carolina, applicable taxes means the sales, use, excise, or other tax generally due upon the purchase of a motor vehicle in the jurisdiction in which the shared vehicle was purchased.(2)(1) "Car sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location for transfer of possession of the shared vehicle pursuant to the agreement.
(3)(2) "Car sharing period" means the period of time from:
(a) the car sharing delivery period until the car sharing termination time; or
(b) if there is no car sharing delivery period, the car sharing start time until the car sharing termination time.
(4)(3) "Car sharing program agreement" or "agreement" means the terms and conditions that govern the use, duration of time, and location for transfer of possession of a shared vehicle through a peer-to-peer car sharing program.
(5)(4) "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 a peer-to-peer car sharing program.
(6)(5) "Car sharing termination time" means the earliest of the following events:
(a) the expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement, provided that the shared vehicle is delivered to the location agreed upon in the car sharing program agreement;
(b) when the shared vehicle is returned to a location as alternately agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program, which alternatively agreed upon location shall be incorporated into the car sharing program agreement; or
(c) when the shared vehicle owner or owner's designee takes possession and control of the shared vehicle.
(7)(6) "Peer-to-peer car sharing" means the authorized use of a shared vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program pursuant to the provisions of this chapter.
(8)(7) "Peer-to-peer car sharing program" or "program" means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration.
(9)(8) "Peer-to-peer car sharing transaction" means the payment of monetary consideration from a shared vehicle driver in exchange for the use of a shared vehicle for peer-to-peer car sharing.
(10)(9) "Shared vehicle" means a vehicle that is available for sharing through a peer-to-peer car sharing program.
(11)(10) "Shared vehicle driver" means an individual who has been authorized to drive the shared vehicle pursuant to a valid car sharing program agreement.
(12)(11) "Shared vehicle owner" means the registered owner of a shared vehicle or his designee.
Amend the bill further, SECTION 1, by striking Section 56-36-20(A) and inserting:
(A) Except as provided in subsection (B), a peer-to-peer car sharing program shall assume liability of a shared vehicle owner for any death, bodily injury, or property damage to third parties or uninsured motorist losses that are proximately caused by the operation of a shared vehicle during the car sharing period in an amount the amounts stated in the car sharing program agreement. ThisThese amounts amount shall not be less than the amounts that specified in Section 38-77-140 and Section 38-77-150.Amend the bill further, SECTION 1, by striking Section 56-36-20(F) and inserting:
(F) The insurance described in subsection (E) that is satisfying the insurance requirement of subsection (D) shall be primary during each car sharing period. If a claim occurs in another state with minimum financial responsibility limits higher than those set forth in Section 38-77-140 and Section 38-77-150 during the car sharing period, then the coverage maintained under subsection (E) shall satisfy the difference in minimum coverage amounts up to the applicable policy limits.Amend the bill further, SECTION 1, by deleting Section 56-36-40 from the bill.
Amend the bill further, SECTION 1, by deleting Section 56-36-60 from the bill.
Renumber sections to conform.
Amend title to conform.