76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
 
SA to A-Eng. HB 3149
 
LC 2508/HB 3149-A4
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3149
 
By COMMITTEE ON BUSINESS, TRANSPORTATION AND ECONOMIC DEVELOPMENT
 
                             June 1
 
  On page 1 of the printed A-engrossed bill, after line 6,
insert:
  ' (1) 'Owner's insurance policy' means a private passenger
motor vehicle liability insurance policy that includes:
  ' (a) All coverage necessary to comply with the financial or
future responsibility requirements of ORS chapter 806;
  ' (b) The personal injury protection coverage required under
ORS 742.518 to 742.542;
  ' (c) The uninsured motorist coverage required under ORS
742.500 to 742.506; and
  ' (d) Any optional coverage selected by the owner.'.
  In line 7, delete '(1)' and insert '(2)'.
  In line 10, delete '(2)' and insert '(3)'.
  In line 13, delete '(3)' and insert '(4)'.
  After line 15, insert:
  ' (5) 'Program insurance policy' means a motor vehicle
liability insurance policy that is obtained by the personal
vehicle sharing program and that:
  ' (a) Includes all coverage needed to comply with the financial
or future responsibility requirements of ORS chapter 806;
  ' (b) Includes the personal injury protection coverage required
under ORS 742.518 to 742.542;
  ' (c) Includes the uninsured motorist coverage required under
ORS 742.500 to 742.506;
  ' (d) Includes comprehensive property damage coverage for the
vehicle;
  ' (e) Includes collision property damage coverage for the
vehicle; and
  ' (f) Does not include any other optional coverage selected by
the owner of the vehicle and included in the owner's insurance
policy.'.
  Delete lines 18 through 23 and insert:
  ' (1) Provide a program insurance policy with coverage for the
vehicle, the designated operator of the vehicle and all persons
who, with the consent of the named insured, use the motor vehicle
insured under the policy. The limits for any coverage included in
the program insurance policy that is also included in the owner's
insurance policy must be equal to or greater than the coverage
limits provided in the owner's insurance policy, as reported to
the program by the owner. However, the program may not provide
liability coverage that is less than three times the limits
specified in ORS 806.070.'.
  On page 2, delete lines 3 through 10 and insert:
  ' (3) Collect, maintain and make available to the vehicle's
registered owner, the vehicle's registered owner's primary motor
vehicle liability insurer and any government agency as required
by law, at the cost of the program:
  ' (a) Verifiable electronic records that identify the date and
time, initial and final locations of the vehicle and miles driven
 
when the vehicle is under the control of a person other than the
vehicle's registered owner pursuant to the program; and
  ' (b) Any information concerning damages or injuries arising
out of personal vehicle sharing pursuant to the program.
  ' (4) Not knowingly permit the vehicle to be operated as a
commercial vehicle by a personal vehicle sharing user while
engaged in personal vehicle sharing. For the purposes of this
subsection, 'commercial vehicle' has the meaning given that term
in ORS 826.001.'.
  In line 20, after 'in' delete the rest of the line and delete
line 21 and insert 'the owner's insurance policy and
notwithstanding ORS chapters 742, 806, 822 and 825 and ORS 30.010
to 30.100, 30.135, 30.480 and 30.485, in the event of any loss or
injury'.
  Delete lines 27 through 29 and insert:
  ' (2) Nothing in subsection (1) of this section:
  ' (a) Limits the liability of a personal vehicle sharing
program for any acts or omissions by the program that result in
injury to any persons as a result of the use or operation of the
program; or
  ' (b) Limits the ability of the personal vehicle sharing
program to, by contract, seek indemnification from the vehicle's
registered owner for any claims paid by the personal vehicle
sharing program for any loss or injury resulting from fraud or
material misrepresentation in the maintenance of the vehicle by
the vehicle's registered owner.'.
  In line 41, delete 'applicable motor vehicle liability' and
insert 'owner's'.
  On page 3, line 4, after 'in' delete the rest of the line and
insert 'the'.
  In line 5, delete 'motor vehicle liability'.
  In line 14, delete 'A motor vehicle liability' and insert ' An
owner's'.
  In line 19, delete 'a motor vehicle liability' and insert ' an
owner's'.
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