Bill Text: WV HCR114 | 2018 | Regular Session | Introduced
Bill Title: Requesting the Joint Committee on Government and Finance study the feasibility and propriety of modernizing state code as it relates to rental of motor vehicles
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-03-10 - Communicated to Senate [HCR114 Detail]
Download: West_Virginia-2018-HCR114-Introduced.html
HOUSE CONCURRENT RESOLUTION 114
(By Delegate Westfall)
[Introduced March 9, 2018; Referred to the Committee on Rules]
Requesting the Joint Committee on Government and Finance study the feasibility and propriety of modernizing state code as it relates to rental of motor vehicles and the manner in which individually owned passenger motor vehicles and rental car fleets are rented, registered, maintained and insured.
Whereas, With technology constantly advancing and the means of doing business in all industries rapidly changing, the rental of motor vehicles is no different; and
Whereas, Americans are increasingly depending on the “sharing” economy to provide, as well as to obtain, transportation, travel and overnight accommodations. Customers use services like Airbnb, Uber, and Lyft, relying on peers instead of businesses for travel and transportation. Drivers and hosts have created cottage industries making money renting their cars and homes, charging rates for these services at a competitive advantage over traditional businesses; and
Whereas, The rental of individually owned passenger motor vehicles to the public under rental agreements has become an increasing common transaction throughout the country; and
Whereas, There has been a nationwide emergence of private vehicle rental program providers who operate, facilitate or administer the rental of individually owned private passenger motor vehicles to the public via digital and or other electronic means, without the necessity of personal, direct, in-person contact between the parties; and
Whereas, When a motor vehicle is rented and a ticket or citation is issued that does not require the driver of the motor vehicle to supply his or her license, there is a great administrative burden on the rental car company to determine the driver at the time of ticket or citation. Thus, the Legislature finds it prudent to study and examine the issues and cost to the state and rental car companies in seeing the tickets are timely and properly paid by the individual renting the motor vehicle at the time of ticket or citation; and
Whereas, Currently, West Virginia law provides that no person may rent a motor vehicle to another person unless the renter is licensed to operate a motor vehicle, and the renter of the motor vehicle has inspected the license of the renter and has compared and verified the signature of the operator’s license with the signature of such person, written in his or her presence, thereby requiring that the parties be in each other’s physical presence to do so, and thereby inhibiting the ability to conduct rental transactions via digital or electronic means; and
Whereas, West Virginia law also provides that persons who rent a motor vehicle to another person must keep records of the registration of the rented vehicle as well as information about the person renting the vehicle, which shall be open to inspection by law enforcement and the DMV; and
Whereas, There are other issues to be considered in the rental of individually owned passenger motor vehicles via digital or electronic means, including issues of insurance coverage on private, individually owned passenger vehicles used for hire as well as potential regulation of such transactions and activity that may be subject to regulation as a motor carrier for hire; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility and propriety of modernizing state code as it relates to rental of motor vehicles and the manner in which individually owned passenger motor vehicles and rental car fleets are rented, registered, maintained and insured; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2019, on its findings, conclusions and recommendations, together with drafts of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
