Iowa HF 2497: A bill for an act relating to gambling regulation and wagering, concerning cashless wagering, forfeiture and withholding of certain gaming winnings, sports wagering, occupational licenses, limitations on gambling game licenses, and simulcasting licensure and taxation, providing penalties and making penalties applicable, and including effective date and retroactive applicability provisions. (Formerly HSB 578.) Effective date: 07/01/2022, 06/17/2022. Applicability date: 06/01/2022.

Bill Text

House
File
2497
-
Enrolled

House
File
2497

AN
ACT

RELATING
TO
PEER-TO-PEER
CAR
SHARING
PROGRAMS.

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:

Section
1.
NEW
SECTION

.
537C.1
Short
title.

This
chapter
shall
be
known
and
may
be
cited
as
the

“
Peer-to-Peer
Car
Sharing
Program
Act”
.

Sec.
2.
NEW
SECTION

.
537C.2
Definitions.

As
used
in
this
chapter,
unless
the
context
otherwise

requires:

1.
“Car
sharing”
means
the
authorized
use
of
a
vehicle

by
an
individual
other
than
the
vehicle’s
owner
through
a

peer-to-peer
car
sharing
program.

2.
“Car
sharing
delivery
period”
means
the
time
period
in

which
a
shared
vehicle
is
being
delivered
to
the
location
of
a

car
sharing
start
time
pursuant
to
a
program
agreement.

3.
“Car
sharing
period”
means
the
period
of
time
commencing

with
either
the
car
sharing
delivery
period,
or,
if
there
is
no

car
sharing
delivery
period,
the
car
sharing
start
time,
and

ending
at
the
car
sharing
termination
time
as
established
in
a

program
agreement.

4.
“Car
sharing
start
time”
means
the
time
at
which
a

shared
vehicle
becomes
subject
to
the
control
of
the
shared

vehicle
driver
at
or
after
a
reservation
of
a
shared
vehicle
is

scheduled
to
begin
pursuant
to
a
program
agreement.

5.
“Car
sharing
termination
time”
means
the
earliest
of
any

of
the
following
events:

House
File
2497,
p.
2

a.
The
expiration
of
the
period
of
time
established
by
the

program
agreement
for
the
use
of
a
shared
vehicle
by
a
shared

vehicle
driver,
if
the
shared
vehicle
driver
delivers
the

shared
vehicle
at
the
time
and
to
the
location
agreed
upon
in

the
program
agreement.

b.
The
time
when
the
shared
vehicle
owner
retakes
possession

or
control
of
the
shared
vehicle
from
a
shared
vehicle
driver.

c.
The
time
when
the
shared
vehicle
is
returned
to
an

alternate
location
as
agreed
upon
by
the
shared
vehicle
owner

and
shared
vehicle
driver
and
incorporated
into
the
program

agreement.

6.
“Peer-to-peer
car
sharing
program”
or
“program”
means

a
business
platform
that
connects
shared
vehicle
owners
with

shared
vehicle
drivers
for
financial
consideration
pursuant

to
a
program
agreement.
“Peer-to-peer
car
sharing
program”
or

“program”
does
not
include
a
rental
car
company
as
defined
by

section
516D.3.

7.
“Program
agreement”
means
a
contract
executed
by
a
shared

vehicle
owner
and
a
shared
vehicle
driver
that
contains
the

terms
and
conditions
for
the
use
of
a
shared
vehicle
through
a

peer-to-peer
car
sharing
program.
“Program
agreement”
does
not

include
a
rental
agreement
as
defined
by
section
516D.3.

8.
“Shared
vehicle”
means
a
vehicle
that
is
available
for

sharing
through
a
peer-to-peer
car
sharing
program.
“Shared

vehicle”
does
not
include
a
rental
vehicle
as
that
term
is

defined
in
section
516D.3.

9.
“Shared
vehicle
driver”
means
an
individual
authorized
to

drive
a
shared
vehicle
pursuant
to
a
program
agreement.

10.
“Shared
vehicle
owner”
means
a
registered
owner,
or
the

registered
owner’s
designee,
of
a
vehicle
made
available
for

car
sharing.

11.
“Vehicle”
means
any
self-propelled
motor
vehicle
subject

to
registration
under
chapter
321,
or
under
the
laws
of
another

state,
that
is
designed
primarily
for
carrying
no
more
than

nine
passengers
at
any
one
time.
“Vehicle”
does
not
include
a

motorcycle
or
motorized
bicycle.

Sec.
3.
NEW
SECTION

.
537C.3
Program
——
assumption
of

liability.

1.
Except
as
provided
in
subsection
2,
a
program
shall

House
File
2497,
p.
3

assume
liability
for
a
shared
vehicle
owner
for
all
bodily

injuries
or
property
damage
to
a
third
party
during
a
car

sharing
period
involving
the
shared
vehicle
owner’s
vehicle

in
the
liability
amount
stated
in
the
applicable
program

agreement,
but
not
less
than
the
liability
amounts
under

section
321A.21.
Notwithstanding
the
definition
of
“car
sharing

termination
time”
in
section
537C.2,
the
assumption
of
liability

shall
apply
to
bodily
injury
and
property
damage
losses
by
a

damaged
third
party
as
required
under
section
321A.21.

2.
The
assumption
of
liability
by
a
program
pursuant
to

subsection
1
shall
not
apply
to
a
shared
vehicle
owner
if,

prior
to
or
during
a
car
sharing
period
described
in
subsection

1,
the
shared
vehicle
owner
does
any
of
the
following:

a.
Makes
an
intentional
or
fraudulent
material

misrepresentation
or
omission
to
the
program.

b.
Acts
in
concert
with
the
shared
vehicle
driver
to
have

the
shared
vehicle
driver
fail
to
return
the
shared
vehicle

according
to
the
terms
of
the
program
agreement.

3.
Notwithstanding
any
other
provision
of
law
to
the

contrary,
a
program
and
a
shared
vehicle
owner
shall
not
be

liable
under
any
state
or
local
law
that
imposes
liability

based
on
vehicle
ownership
consistent
with
the
provisions
of

49
U.S.C.
§30106.

Sec.
4.
NEW
SECTION

.
537C.4
Motor
vehicle
liability

insurance
requirements
——
claims.

1.
a.
A
program
shall
ensure
that,
during
a
car
sharing

period,
a
shared
vehicle
owner
and
a
shared
vehicle
driver
are

insured
u