1     
SERVICE SOFTWARE APPLICATIONS AND

2     
REGISTRATION REQUIREMENTS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Daniel McCay

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill creates regulations and provisions related to services provided over software
11     applications.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires a rental network company to register with the Division of Consumer
16     Protection;
17          ▸     exempts a rental network company from certain requirements;
18          ▸     provides operational requirements for a rental network company;
19          ▸     provides insurance requirements for a rental network company;
20          ▸     establishes fees for noncompliance of a rental network company;
21          ▸     establishes a presumption that a building contractor is an independent contractor;
22     and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a coordination clause.

28     Utah Code Sections Affected:
29     AMENDS:
30          13-48-102, as enacted by Laws of Utah 2011, Chapter 357
31          31A-21-303, as last amended by Laws of Utah 2015, Chapter 385
32          31A-21-311, as last amended by Laws of Utah 2003, Chapter 252
33          31A-22-311, as last amended by Laws of Utah 1994, Chapter 316
34          41-1a-214, as last amended by Laws of Utah 2016, Chapter 356
35          41-12a-303.2, as last amended by Laws of Utah 2017, Chapter 416
36     ENACTS:
37          13-52-101, Utah Code Annotated 1953
38          13-52-102, Utah Code Annotated 1953
39          13-52-103, Utah Code Annotated 1953
40          13-52-201, Utah Code Annotated 1953
41          13-52-202, Utah Code Annotated 1953
42          13-52-301, Utah Code Annotated 1953
43          13-52-302, Utah Code Annotated 1953
44          13-52-303, Utah Code Annotated 1953
45          13-52-304, Utah Code Annotated 1953
46          13-52-305, Utah Code Annotated 1953
47          13-52-306, Utah Code Annotated 1953
48          13-52-307, Utah Code Annotated 1953
49          13-52-401, Utah Code Annotated 1953
50          13-52-402, Utah Code Annotated 1953
51          13-52-501, Utah Code Annotated 1953
52          13-52-502, Utah Code Annotated 1953
53          31A-22-323, Utah Code Annotated 1953
54          31A-22-324, Utah Code Annotated 1953
55          31A-22-325, Utah Code Annotated 1953
56          34-53-101, Utah Code Annotated 1953
57          34-53-102, Utah Code Annotated 1953
58          34-53-201, Utah Code Annotated 1953

59     Utah Code Sections Affected by Coordination Clause:
60          34-53-101, Utah Code Annotated 1953
61          34-53-102, Utah Code Annotated 1953
62          34-53-201, Utah Code Annotated 1953
63     

64     Be it enacted by the Legislature of the state of Utah:
65          Section 1. Section 13-48-102 is amended to read:
66          13-48-102. Definitions.
67          As used in this chapter:
68          (1) "Motor vehicle license cost recovery fee" means a fee or charge that may be
69     separately stated and charged on the short-term motor vehicle lease or rental contract in a
70     motor vehicle lease or rental transaction originating in this state to recover the costs incurred by
71     a motor vehicle rental company to license, title, register, obtain license plates for, and inspect
72     rental motor vehicles.
73          (2) (a) "Motor vehicle rental company" means any person or organization in the
74     business of renting motor vehicles to the public.
75          (b) "Motor vehicle rental company" does not include a rental network company, as
76     defined in Section 13-52-102.
77          Section 2. Section 13-52-101 is enacted to read:
78     
CHAPTER 52. RENTAL NETWORK COMPANY REGISTRATION ACT

79     
Part 1. General Provisions

80          13-52-101. Title.
81          This chapter is known as "Rental Network Company Registration Act."
82          Section 3. Section 13-52-102 is enacted to read:
83          13-52-102. Definitions.
84          As used in this chapter:
85          (1) (a) "Authorized driver" means the renter of a private motor vehicle.
86          (b) "Authorized driver" includes:
87          (i) the renter's spouse, if the spouse is a licensed driver satisfying the rental network
88     company's minimum age requirement;
89          (ii) the renter's employer or coworker, if engaged in business activity with the renter

90     and if licensed drivers satisfying the rental network company's minimum age requirement;
91          (iii) a person who operates the vehicle during an emergency situation;
92          (iv) a person who operates the vehicle while parking the vehicle at a commercial
93     establishment; or
94          (v) a person expressly listed by the rental network company on the rental agreement as
95     an authorized driver.
96          (2) "Blanket insurance policy" means the same as that term is defined in Section
97     31A-1-301.
98          (3) "Division" means the Division of Consumer Protection within the Department of
99     Commerce.
100          (4) (a) "Motor vehicle" means a self-propelled vehicle that:
101          (i) is designed for use upon a highway;
102          (ii) has a gross weight rating of 10,000 pounds or less;
103          (iii) is not used for the commercial delivery of goods or materials; and
104          (iv) is not used for the commercial transportation of goods or materials.
105          (b) "Motor vehicle" does not include:
106          (i) an off-highway vehicle as defined in Section 41-22-2;
107          (ii) a traction engine;
108          (iii) a road roller;
109          (iv) a farm tractor;
110          (v) a tractor crane;
111          (vi) a power shovel;
112          (vii) a well driller; or
113          (viii) a vehicle:
114          (A) propelled by electric power obtained from overhead wires; and
115          (B) not operated upon rails.
116          (5) (a) "Private motor vehicle" means a motor vehicle that:
117          (i) is currently registered;
118          (ii) an individual owns; and
119          (iii) if the motor vehicle is required to be insured under Title 41, Chapter 12a, Financial
120     Responsibility of Motor Vehicle Owners and Operators Act, an individual insures under a

121     personal motor vehicle liability insurance policy insuring:
122          (A) the individual; or
123          (B) the individual and individuals residing in the same household as the individual.
124          (b) "Private motor vehicle" does not include a motor vehicle with fewer than four
125     wheels.
126          (6) "Private vehicle rental" means the use of a private motor vehicle:
127          (a) by a person other than the private motor vehicle's owner; and
128          (b) through a software application.
129          (7) "Rental agreement" means any written agreement stating the terms and conditions
130     governing the use of a private motor vehicle provided by a rental network company through a
131     software application.
132          (8) "Rental network company" means an entity that:
133          (a) uses a software application to connect a renter to a private motor vehicle; and
134          (b) does not own or lease a private motor vehicle used in a private vehicle rental.
135          (9) "Rental period" means the period of time:
136          (a) beginning when an authorized driver takes possession and control of a private
137     motor vehicle that the renter rents through a software application; and
138          (b) ending when:
139          (i) (A) the rental vehicle owner or rental vehicle owner's designee retrieves the private
140     motor vehicle;
141          (B) the renter returns the private motor vehicle to a location upon which the rental
142     vehicle owner and the renter agree; or
143          (C) the renter returns the private motor vehicle to a location the rental network
144     company designates; and
145          (ii) (A) the time period established in the rental agreement expires;
146          (B) the renter verifiably communicates to the rental network company or rental vehicle
147     owner that the renter considers the rental period terminated; or
148          (C) the rental vehicle owner or the rental network company takes possession and
149     control of the private motor vehicle.
150          (10) "Rental vehicle owner" means an individual who:
151          (a) owns and registers a private motor vehicle that the individual makes available for

152     rent through a rental network company's software application; and
153          (b) receives compensation in exchange for renting the individual's private motor
154     vehicle.
155          (11) "Renter" means a person who rents a rental vehicle owner's private motor vehicle:
156          (a) through a software application; and
157          (b) for the purpose of allowing an authorized driver to possess and control the private
158     motor vehicle during the rental period.
159          (12) "Software application" means an Internet-connected software platform, including
160     a mobile application, that a rental network company uses to:
161          (a) connect a rental vehicle owner to a renter; and
162          (b) process a renter's request to rent a rental vehicle owner's private motor vehicle.
163          Section 4. Section 13-52-103 is enacted to read:
164          13-52-103. Scope.
165          A rental network company or a rental vehicle owner is not subject to:
166          (1) Title 13, Chapter 48, Motor Vehicle Rental Company Disclosure Act; or
167          (2) the provisions of Section 31A-22-312 or 31A-22-314.
168          Section 5. Section 13-52-201 is enacted to read:
169     
Part 2. Division Oversight of Rental Network Companies

170          13-52-201. Registration of a rental network company.
171          (1) A person may not operate as a rental network company in this state, unless the
172     person registers with the division in accordance with Subsection (2).
173          (2) The division shall register a person to operate as a rental network company if the
174     person:
175          (a) demonstrates to the division that the person meets the definition of a rental network
176     company under Section 13-52-102; and
177          (b) pays a registration fee in an amount determined by the division in accordance with
178     Section 63J-1-504.
179          (3) A rental network company registration described in Subsection (2) is:
180          (a) valid for one year after the day on which the rental network company registers with
181     the division; and
182          (b) renewable if the division determines that the person complies with the requirements

183     for a rental network company described in this chapter.
184          Section 6. Section 13-52-202 is enacted to read:
185          13-52-202. Division audits of rental network companies.
186          The division may audit the records of a rental network company to ensure compliance
187     with the provisions of this chapter:
188          (1) no more than twice per year;
189          (2) at a location agreed to by the division and the rental network company; and
190          (3) notwithstanding Subsection (1), at any time to investigate a complaint.
191          Section 7. Section 13-52-301 is enacted to read:
192     
Part 3. Operating Requirements

193          13-52-301. Agent for service of process requirement.
194          A rental network company shall maintain an agent for service of process in the state and
195     notify the division of the name and address of the agent.
196          Section 8. Section 13-52-302 is enacted to read:
197          13-52-302. Facilitating a motor vehicle rental.
198          For each motor vehicle of which a rental network company facilitates a rental, the rental
199     network company shall:
200          (1) require that the vehicle is a private motor vehicle;
201          (2) provide the rental vehicle owner with suitable proof of compliance with the
202     insurance requirements of this chapter; and
203          (3) require that the motor vehicle comply with the minimum financial responsibility
204     requirements of the state in which the vehicle is registered.
205          Section 9. Section 13-52-303 is enacted to read:
206          13-52-303. Rental network company equipment -- Indemnification.
207          A rental network company shall:
208          (1) to the extent necessary for the motor vehicle to be used in a private vehicle rental,
209     facilitate the installation, operation, and maintenance of the rental network company's own
210     signage and computer hardware and software in the motor vehicle; and
211          (2) indemnify and hold harmless the rental vehicle owner for:
212          (a) the cost of damage to, or theft of, equipment the rental network company installs,
213     operates, and maintains under Subsection (1); and

214          (b) any damage the installation, operation, or maintenance of equipment described in
215     Subsection (1) causes to the motor vehicle.
216          Section 10. Section 13-52-304 is enacted to read:
217          13-52-304. Records.
218          A rental network company shall:
219          (1) collect, maintain, and make available, at the cost of the rental network company, to
220     any government agency as required by law:
221          (a) information regarding the rental vehicle owner's primary motor vehicle liability
222     insurer;
223          (b) information regarding the renter's primary motor vehicle, excess, or umbrella
224     insurer; and
225          (c) the following information pertaining to an incident that occurs during a rental
226     period:
227          (i) verifiable records of the rental period for the motor vehicle involved in the incident;
228          (ii) to the extent electronic equipment for monitoring the following information is
229     installed in the motor vehicle, verifiable electronic records of the time in relation to initial and
230     final locations of the motor vehicle; and
231          (iii) if an insurance claim is with a blanket insurer, information relevant to the claim,
232     including a rental network company payment related to an accident, any damage, or an injury;
233     and
234          (2) maintain a record of:
235          (i) each rental, for a minimum of five years after the day on which a rental period ends;
236     and
237          (ii) all information in the rental network company's possession regarding a rental
238     vehicle owner for a minimum of five years after the day on which the rental vehicle owner last
239     made a private motor vehicle available for private vehicle rental through the rental network
240     company.
241          Section 11. Section 13-52-305 is enacted to read:
242          13-52-305. Disclosure requirements.
243          (1) Before a private motor vehicle is made available for use through a software
244     application, the rental network company shall disclose to the owner of the private motor

245     vehicle:
246          (a) a description of the insurance coverage the rental network company provides under
247     Part 4, Insurance;
248          (b) that during a private vehicle rental, a rental vehicle owner's personal motor vehicle
249     liability insurer may exclude any and all coverage afforded to the personal motor vehicle
250     liability insurer's policy;
251          (c) that a rental vehicle owner's personal motor vehicle liability insurer has the right to
252     notify an insured that the personal motor vehicle liability insurer does not have a duty to defend
253     or indemnify a person for liability for loss that occurs during a private vehicle rental;
254          (d) that the rental network company's blanket policy may not provide coverage outside
255     of the private vehicle rental;
256          (e) that, if the private motor vehicle the rental vehicle owner makes available for
257     private vehicle rental has a lien against the private motor vehicle, the rental vehicle owner is
258     required to notify the lienholder that the rental network company is using the private motor
259     vehicle to provide private vehicle rentals; and
260          (f) that using a private motor vehicle against which there is a lien in a private vehicle
261     rental may violate the rental vehicle owner's contract with the lienholder.
262          (2) Before a renter's first operation of a private motor vehicle through a software
263     application, the rental network company using the software application shall disclose to the
264     renter the information described in Subsections (1)(b) through (d).
265          Section 12. Section 13-52-306 is enacted to read:
266          13-52-306. Transactional information provided to a renter.
267          (1) For each private vehicle rental transaction made through a software application, the
268     rental network company shall provide the rental agreement to the renter at the time of the
269     rental.
270          (2) Within 24 hours after the end of a rental period, the rental company that facilitated
271     the rental shall transmit an electronic receipt to the renter that lists:
272          (a) the dates and times indicating the beginning and end of the rental period;
273          (b) the total number of miles driven during the rental period; and
274          (c) an itemization of the total rental rate the renter paid, if any.
275          Section 13. Section 13-52-307 is enacted to read:

276          13-52-307. Collection of funds.
277          A rental network company may collect, on behalf of a rental vehicle owner, a rental rate
278     for a private vehicle rental if the rental network company:
279          (1) posts the method for calculating the rental rate on the rental network company's
280     software application;
281          (2) permits a rental vehicle owner to set the rental rate for the rental vehicle owner's
282     private motor vehicle; and
283          (3) allows a renter the option to obtain an estimated rental rate for a private vehicle
284     rental before the renter reserves a private vehicle rental.
285          Section 14. Section 13-52-401 is enacted to read:
286     
Part 4. Insurance

287          13-52-401. Insurance requirements.
288          (1) A rental network company shall maintain a blanket insurance policy that, during a
289     rental period:
290          (a) covers, on a primary basis:
291          (i) an authorized driver; and
292          (ii) an occupant of the private motor vehicle; and
293          (b) includes:
294          (i) liability coverage for a minimum amount of $1,000,000 per occurrence;
295          (ii) personal injury protection to the extent required under Sections 31A-22-306
296     through 31A-22-309;
297          (iii) uninsured motorist coverage in accordance with Section 31A-22-305; and
298          (iv) underinsured motorist coverage in accordance with Section 31A-22-305.3.
299          (2) A rental network company shall maintain a blanket insurance policy that:
300          (a) covers, on a primary basis, the use of a private motor vehicle while in the custody
301     of the rental network company, including use by an agent, employee, director, officer, or assign
302     of the rental network company; and
303          (b) includes:
304          (i) liability coverage in a minimum amount, per occurrence, of:
305          (A) $50,000 to any one individual;
306          (B) $100,000 to all individuals; and

307          (C) $30,000 for property damage;
308          (ii) personal injury protection to the extent required under Sections 31A-22-306
309     through 31A-22-309;
310          (iii) uninsured motorist coverage in accordance with Section 31A-22-305; and
311          (iv) underinsured motorist coverage in accordance with Section 31A-22-305.3.
312          Section 15. Section 13-52-402 is enacted to read:
313          13-52-402. Coordination of insurance coverage -- Notification.
314          (1) A blanket insurance policy described in Subsection 13-52-401(1) is:
315          (a) primary with respect to any other insurance available to the rental vehicle owner;
316     and
317          (b) secondary with respect to any other insurance available to the renter, authorized
318     driver, or occupant of the private motor vehicle.
319          (2) A blanket insurance policy under Subsection 13-52-401(2) is primary with respect
320     to any other insurance available to the rental vehicle owner.
321          (3) A rental network company shall notify the rental vehicle owner's personal motor
322     vehicle liability insurer of a dispute described in Subsection 31A-22-325(3) within 10 business
323     days after the day on which the rental network company became aware of the dispute.
324          Section 16. Section 13-52-501 is enacted to read:
325     
Part 5. Miscellaneous

326          13-52-501. Violations.
327          The division may fine a rental network company up to $500 for each violation of this
328     chapter.
329          Section 17. Section 13-52-502 is enacted to read:
330          13-52-502. Non-preemption clause.
331           This chapter does not supersede a municipal, county, or local government regulation
332     regarding a rental network company, including a rental network company facilitating a private
333     vehicle rental at an airport.
334          Section 18. Section 31A-21-303 is amended to read:
335          31A-21-303. Cancellation, issuance, renewal.
336          (1) (a) Except as otherwise provided in this section, other statutes, or by rule under
337     Subsection (1)(c), this section applies to all policies of insurance:

338          (i) except for:
339          (A) life insurance;
340          (B) accident and health insurance; and
341          (C) annuities; and
342          (ii) if the policies of insurance are issued on forms that are subject to filing under
343     Subsection 31A-21-201(1).
344          (b) A policy may provide terms more favorable to insureds than this section requires.
345          (c) The commissioner may by rule totally or partially exempt from this section classes
346     of insurance policies in which the insureds do not need protection against arbitrary or
347     unannounced termination.
348          (d) The rights provided by this section are in addition to and do not prejudice any other
349     rights the insureds may have at common law or under other statutes.
350          (2) (a) As used in this Subsection (2), "grounds" means:
351          (i) material misrepresentation;
352          (ii) substantial change in the risk assumed, unless the insurer should reasonably have
353     foreseen the change or contemplated the risk when entering into the contract;
354          (iii) substantial breaches of contractual duties, conditions, or warranties;
355          (iv) attainment of the age specified as the terminal age for coverage, in which case the
356     insurer may cancel by notice under Subsection (2)(c), accompanied by a tender of proportional
357     return of premium; or
358          (v) in the case of motor vehicle insurance, revocation or suspension of the driver's
359     license of:
360          (A) the named insured; or
361          (B) any other person who customarily drives the motor vehicle.
362          (b) (i) Except as provided in Subsection (2)(e) or unless the conditions of Subsection
363     (2)(b)(ii) are met, an insurance policy may not be canceled by the insurer before the earlier of:
364          (A) the expiration of the agreed term; or
365          (B) one year from the effective date of the policy or renewal.
366          (ii) Notwithstanding Subsection (2)(b)(i), an insurance policy may be canceled by the
367     insurer for:
368          (A) nonpayment of a premium when due; or

369          (B) subject to Subsection (2)(f), on grounds defined in Subsection (2)(a).
370          (c) (i) The cancellation provided by Subsection (2)(b), except cancellation for
371     nonpayment of premium, is effective no sooner than 30 days after the delivery or first-class
372     mailing of a written notice to the policyholder.
373          (ii) Cancellation for nonpayment of premium is effective no sooner than 10 days after
374     delivery or first class mailing of a written notice to the policyholder.
375          (d) (i) Notice of cancellation for nonpayment of premium shall include a statement of
376     the reason for cancellation.
377          (ii) Subsection (7) applies to the notice required for grounds of cancellation other than
378     nonpayment of premium.
379          (e) (i) Subsections (2)(a) through (d) do not apply to any insurance contract that has not
380     been previously renewed if the contract has been in effect less than 60 days when the written
381     notice of cancellation is mailed or delivered.
382          (ii) A cancellation under this Subsection (2)(e) may not be effective until at least 10
383     days after the delivery to the insured of a written notice of cancellation.
384          (iii) If the notice required by this Subsection (2)(e) is sent by first-class mail, postage
385     prepaid, to the insured at the insured's last-known address, delivery is considered accomplished
386     after the passing, since the mailing date, of the mailing time specified in the Utah Rules of
387     Civil Procedure.
388          (iv) A policy cancellation subject to this Subsection (2)(e) is not subject to the
389     procedures described in Subsection (7).
390          (f) In the case of motor vehicle insurance, an insurance policy may not be canceled
391     solely based on the participation of a motor vehicle that is covered by the motor vehicle
392     insurance policy in a private vehicle rental, as defined in Section 13-52-102, unless:
393          (i) the motor vehicle owner, in combination with all individuals residing in the same
394     household as the motor vehicle owner, uses a software application, as defined in Section
395     13-52-102, or combination of software applications, to rent or make available for rent, more
396     than four motor vehicles at one time; or
397          (ii) (A) the motor vehicle is enrolled in a usage-based insurance program as defined in
398     Subsection (2)(g); and
399          (B) immediately after cancellation of the policy the insurer offers the insured a new

400     policy with the same coverages and pre-existing rates, but without enrollment in the
401     usage-based insurance program as defined in Subsection (2)(g).
402          (g) As used in Subsections (2)(f) and (5)(a)(iv), "usage-based insurance program"
403     means motor vehicle insurance under the terms of which the insurer is permitted to:
404          (i) electronically monitor acceleration, braking, miles driven, and other indicia of
405     driving behavior; and
406          (ii) determine costs based on the behavior observed under Subsection (2)(g)(i).
407          (3) A policy may be issued for a term longer than one year or for an indefinite term if
408     the policy includes a clause providing for cancellation by the insurer by giving notice as
409     provided in Subsection (4)(b)(i) 30 days prior to any anniversary date.
410          (4) (a) Subject to Subsections (2), (3), and (4)(b), a policyholder has a right to have the
411     policy renewed:
412          (i) on the terms then being applied by the insurer to similar risks; and
413          (ii) (A) for an additional period of time equivalent to the expiring term if the agreed
414     term is one year or less; or
415          (B) for one year if the agreed term is longer than one year.
416          (b) Except as provided in Subsections (4)(c) and (5), the right to renewal under
417     Subsection (4)(a) is extinguished if:
418          (i) at least 30 days before the policy expiration or anniversary date a notice of intention
419     not to renew the policy beyond the agreed expiration or anniversary date is delivered or sent by
420     first-class mail by the insurer to the policyholder at the policyholder's last-known address;
421          (ii) not more than 45 nor less than 14 days before the due date of the renewal premium,
422     the insurer delivers or sends by first-class mail a notice to the policyholder at the policyholder's
423     last-known address, clearly stating:
424          (A) the renewal premium;
425          (B) how the renewal premium may be paid, including the due date for payment of the
426     renewal premium;
427          (C) that failure to pay the renewal premium extinguishes the policyholder's right to
428     renewal; and
429          (D) subject to Subsection (4)(e), that the extinguishment of the right to renew for
430     nonpayment of premium is effective no sooner than at least 10 days after delivery or first class

431     mailing of a written notice to the policyholder that the policyholder has failed to pay the
432     premium when due;
433          (iii) the policyholder has:
434          (A) accepted replacement coverage; or
435          (B) requested or agreed to nonrenewal; or
436          (iv) the policy is expressly designated as nonrenewable.
437          (c) Unless the conditions of Subsection (4)(b)(iii) or (iv) apply, an insurer may not fail
438     to renew an insurance policy as a result of a telephone call or other inquiry that:
439          (i) references a policy coverage; and
440          (ii) does not result in the insured requesting payment of a claim.
441          (d) Failure to renew under this Subsection (4) is subject to Subsection (5).
442          (e) (i) During the period that begins when the notice described in Subsection
443     (4)(b)(ii)(D) is delivered or mailed and ends when the premium is paid, coverage exists and
444     premiums are due.
445          (ii) If after receiving the notice required by Subsection (4)(b)(ii)(D) a policyholder fails
446     to pay the renewal premium, the coverage is extinguished as of the date the renewal premium is
447     originally due.
448          (iii) Delivery of the notice required by Subsection (4)(b)(ii)(D) includes electronic
449     delivery in accordance with Section 31A-21-316.
450          (iv) An insurer is not subject to Subsection (4)(b)(ii)(D) if it provides notice of the
451     extinguishment of the right to renew for failure to pay premium at least 15 days, but no longer
452     than 45 days, before the day the renewal payment is due.
453          (v) Subsection (4)(b)(ii)(D) does not apply to a policy that provides coverage for 30
454     days or less.
455          (5) Notwithstanding Subsection (4), an insurer may not fail to renew the following
456     personal lines insurance policies solely on the basis of:
457          (a) in the case of a motor vehicle insurance policy:
458          (i) a claim from the insured that:
459          (A) results from an accident in which:
460          (I) the insured is not at fault; and
461          (II) the driver of the motor vehicle that is covered by the motor vehicle insurance

462     policy is 21 years of age or older; and
463          (B) is the only claim meeting the condition of Subsection (5)(a)(i)(A) within a
464     36-month period;
465          (ii) a single traffic violation by an insured that:
466          (A) is a violation of a speed limit under Title 41, Chapter 6a, Traffic Code;
467          (B) is not in excess of 10 miles per hour over the speed limit;
468          (C) is not a traffic violation under:
469          (I) Section 41-6a-601;
470          (II) Section 41-6a-604; or
471          (III) Section 41-6a-605;
472          (D) is not a violation by an insured driver who is younger than 21 years of age; and
473          (E) is the only violation meeting the conditions of Subsections (5)(a)(ii)(A) through
474     (D) within a 36-month period; [or]
475          (iii) a claim for damage that:
476          (A) results solely from:
477          (I) wind;
478          (II) hail;
479          (III) lightning; or
480          (IV) an earthquake;
481          (B) is not preventable by the exercise of reasonable care; and
482          (C) is the only claim meeting the conditions of Subsections (5)(a)(iii)(A) and (B)
483     within a 36-month period; [and] or
484          (iv) the owner of the motor vehicle covered by a motor vehicle insurance policy using
485     the motor vehicle in a private vehicle rental, as defined in Section 13-52-102, unless:
486          (A) the vehicle is enrolled in a usage-based insurance program, as defined in
487     Subsection (2)(g); and
488          (B) immediately after cancellation of the policy the insurer offers the insured a new
489     policy with the same coverages and pre-existing rates, but without enrollment in the
490     usage-based insurance program; and
491          (b) in the case of a homeowner's insurance policy, a claim by the insured that is for
492     damage that:

493          (i) results solely from:
494          (A) wind;
495          (B) hail; or
496          (C) lightning;
497          (ii) is not preventable by the exercise of reasonable care; and
498          (iii) is the only claim meeting the conditions of Subsections (5)(b)(i) and (ii) within a
499     36-month period.
500          (6) (a) (i) Subject to Subsection (6)(b), if the insurer offers or purports to renew the
501     policy, but on less favorable terms or at higher rates, the new terms or rates take effect on the
502     renewal date if the insurer delivered or sent by first-class mail to the policyholder notice of the
503     new terms or rates at least 30 days prior to the expiration date of the prior policy.
504          (ii) If the insurer did not give the prior notification described in Subsection (6)(a)(i) to
505     the policyholder, the new terms or rates do not take effect until 30 days after the notice is
506     delivered or sent by first-class mail, in which case the policyholder may elect to cancel the
507     renewal policy at any time during the 30-day period.
508          (iii) Return premiums or additional premium charges shall be calculated
509     proportionately on the basis that the old rates apply.
510          (b) Subsection (6)(a) does not apply if the only change in terms that is adverse to the
511     policyholder is:
512          (i) a rate increase generally applicable to the class of business to which the policy
513     belongs;
514          (ii) a rate increase resulting from a classification change based on the altered nature or
515     extent of the risk insured against; or
516          (iii) a policy form change made to make the form consistent with Utah law.
517          (7) (a) If a notice of cancellation or nonrenewal under Subsection (2)(c) does not state
518     with reasonable precision the facts on which the insurer's decision is based, the insurer shall
519     send by first-class mail or deliver that information within 10 working days after receipt of a
520     written request by the policyholder.
521          (b) A notice under Subsection (2)(c) is not effective unless it contains information
522     about the policyholder's right to make the request.
523          (8) (a) An insurer that gives a notice of nonrenewal or cancellation of insurance on a

524     motor vehicle insurance policy issued in accordance with the requirements of Chapter 22, Part
525     3, Motor Vehicle Insurance, for nonpayment of a premium shall provide notice of nonrenewal
526     or cancellation to a lienholder if the insurer has been provided the name and mailing address of
527     the lienholder.
528          (b) The notice described in Subsection (8)(a) shall be provided to the lienholder by first
529     class mail or, if agreed by the parties, any electronic means of communication.
530          (c) A lienholder shall provide a current physical address of notification or an electronic
531     address of notification to an insurer that is required to make a notification under Subsection
532     (8)(a).
533          (9) If a risk-sharing plan under Section 31A-2-214 exists for the kind of coverage
534     provided by the insurance being cancelled or nonrenewed, a notice of cancellation or
535     nonrenewal required under Subsection (2)(c) or (4)(b)(i) may not be effective unless it contains
536     instructions to the policyholder for applying for insurance through the available risk-sharing
537     plan.
538          (10) There is no liability on the part of, and no cause of action against, any insurer, its
539     authorized representatives, agents, employees, or any other person furnishing to the insurer
540     information relating to the reasons for cancellation or nonrenewal or for any statement made or
541     information given by them in complying or enabling the insurer to comply with this section
542     unless actual malice is proved by clear and convincing evidence.
543          (11) This section does not alter any common law right of contract rescission for
544     material misrepresentation.
545          (12) If a person is required to pay a premium in accordance with this section:
546          (a) the person may make the payment using:
547          (i) the United States Postal Service;
548          (ii) a delivery service the commissioner describes or designates by rule made in
549     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
550          (iii) electronic means; and
551          (b) the payment is considered to be made:
552          (i) for a payment that is mailed using the method described in Subsection (12)(a)(i), on
553     the date the payment is postmarked;
554          (ii) for a payment that is delivered using the method described in Subsection (12)(a)(ii),

555     on the date the delivery service records or marks the payment as having been received by the
556     delivery service; or
557          (iii) for a payment that is made using the method described in Subsection (12)(a)(iii),
558     on the date the payment is made electronically.
559          Section 19. Section 31A-21-311 is amended to read:
560          31A-21-311. Group and blanket insurance.
561          (1) (a) (i) Except under Subsection (1)(d), an insurer issuing a group insurance policy
562     other than a blanket insurance policy shall, as soon as practicable after the coverage is
563     effective, provide a certificate for each member of the insured group, except that only one
564     certificate need be provided for the members of a family unit.
565          (ii) The certificate required by this Subsection (1) shall:
566          (A) provide the exact name of the insurer;
567          (B) state the state of domicile of the insurer; and
568          (C) contain a summary of the essential features of the insurance coverage, including:
569          (I) any rights of conversion to an individual policy;
570          (II) in the case of group life insurance, any continuation of coverage during total
571     disability; and
572          (III) in the case of group life insurance, the incontestability provision.
573          (iii) Upon receiving a written request, the insurer shall inform any insured how the
574     insured may inspect, during normal business hours at a place reasonably convenient to the
575     insured:
576          (A) a copy of the policy; or
577          (B) a summary of the policy containing all the details that are relevant to the certificate
578     holder.
579          (b) The commissioner may by rule impose a requirement similar to Subsection (1)(a)
580     on any class of blanket insurance policies for which the commissioner finds that the group of
581     persons covered is constant enough for that type of action to be practicable and not
582     unreasonably expensive.
583          (c) (i) A certificate shall be provided in a manner reasonably calculated to bring the
584     certificate to the attention of the certificate holder.
585          (ii) The insurer may deliver or mail a certificate:

586          (A) directly to the certificate holders; or
587          (B) in bulk to the policyholder to transmit to certificate holders.
588          (iii) An affidavit by the insurer that the insurer mailed the certificates in the usual
589     course of business creates a rebuttable presumption that the insurer has mailed the certificate
590     to:
591          (A) a certificate holder; or
592          (B) a policyholder as provided in Subsection (1)(c)(ii)(B).
593          (d) The commissioner may by rule or order prescribe substitutes for delivery or mailing
594     of certificates that are reasonably calculated to inform a certificate holder of the certificate
595     holder's rights, including:
596          (i) booklets describing the coverage;
597          (ii) the posting of notices in the place of business; or
598          (iii) publication in a house organ.
599          (2) Unless a certificate or an authorized substitute has been made available to the
600     certificate holder when required by this section, an act or omission forbidden to or required of
601     the certificate holder by the certificate after the coverage has become effective as to the
602     certificate holder, other than intentionally causing the loss insured against or failing to make
603     required contributory premium payments, may not affect the insurer's obligations under the
604     insurance contract.
605          (3) (a) As used in this Subsection (3):
606          (i) "Authorized driver" means the same as that term is defined in Section 13-52-102.
607          (ii) "Private motor vehicle" means the same as that term is defined in Section
608     13-52-102.
609          (iii) "Rental network company" means the same as that term is defined in Section
610     13-52-102.
611          (iv) "Rental period" means the same as that term is defined in Section 13-52-102.
612          (b) (i) A blanket insurance policy that a rental network company maintains in
613     accordance with Subsection 13-52-401(1) shall:
614          (A) identify the rental network company as the named insured;
615          (B) include a provision that provides coverage, without prior notice to the insurer, for
616     all private motor vehicles during the rental period;

617          (C) include a provision that claims will be adjusted in accordance with Section
618     31A-26-303; and
619          (D) include a provision that the vehicles' authorized drivers and occupants are included
620     as insureds under the policy to the same extent that the authorized drivers and occupants would
621     be insureds under a private passenger motor vehicle policy.
622          (ii) A blanket insurance policy that a rental network company maintains in accordance
623     with Subsection 13-52-401(2) shall:
624          (A) identify the rental network company as the named insured;
625          (B) include a provision that provides primary coverage, without prior notice to the
626     insurer, for all private motor vehicles in the custody of the rental network company; and
627          (C) include a provision that claims will be adjusted pursuant to Section 31A-26-303.
628          Section 20. Section 31A-22-311 is amended to read:
629          31A-22-311. Definitions.
630          As used in Sections 31A-22-312 and 31A-22-314:
631          (1) "Authorized driver" means the person to whom the vehicle is rented and includes:
632          (a) his spouse if a licensed driver satisfying the rental company's minimum age
633     requirement;
634          (b) his employer or coworker if engaged in business activity with the renter and if they
635     are licensed drivers satisfying the rental company's minimum age requirement;
636          (c) any person who operates the vehicle during an emergency situation;
637          (d) any person who operates the vehicle while parking the vehicle at a commercial
638     establishment; or
639          (e) any person expressly listed by the rental company on the rental agreement as an
640     authorized driver.
641          (2) "Damage" means any damage or loss to the rented vehicle resulting from a
642     collision, including loss of use and any costs and expenses incident to the damage or loss.
643          (3) "Rental agreement" means any written agreement stating the terms and conditions
644     governing the use of a private passenger motor vehicle provided by a rental company.
645          (4) (a) "Rental company" means any person or organization in the business of
646     providing private passenger motor vehicles to the public.
647          (b) "Rental company" does not include a rental network company, as defined in Section

648     13-52-102.
649          (5) "Renter" means any person or organization obtaining the use of a private passenger
650     motor vehicle from a rental company under the terms of a rental agreement.
651          Section 21. Section 31A-22-323 is enacted to read:
652          31A-22-323. Definitions.
653          As used in Sections 31A-22-234 and 31A-22-235:
654          (1) "Commercial vehicle" means the same as that term is defined in Section 41-1a-102.
655          (2) "Private motor vehicle" means the same as that term is defined in Section
656     13-52-102.
657          (3) "Private vehicle rental" means the same as that term is defined in Section
658     13-52-102.
659          (4) "Rental network company" means the same as that term is defined in Section
660     13-52-102.
661          (5) "Rental period" means the same as that term is defined in Section 13-52-102.
662          (6) "Rental vehicle owner" means the same as that term is defined in Section
663     13-52-102.
664          (7) "Renter" means the same as that term is defined in Section 13-52-102.
665          (8) "Software application" means the same as that term is defined in Section
666     13-52-102.
667          Section 22. Section 31A-22-324 is enacted to read:
668          31A-22-324. Participation in a private vehicle rental.
669          (1) An insurer that issues a motor vehicle related insurance policy may:
670          (a) refuse coverage to a rental vehicle owner, if the rental vehicle owner, in
671     combination with all individuals residing in the same household as the rental vehicle owner,
672     uses a software application, or combination of software applications, to rent, or make available
673     for rent, more than four motor vehicles at one time; or
674          (b) during a private vehicle rental, exclude any and all coverage that may otherwise be
675     afforded to the rental vehicle owner under the personal motor vehicle liability insurer's policy.
676          (2) A motor vehicle required to be insured under Section 41-12a-301 is not a
677     commercial vehicle solely because the motor vehicle's owner makes the motor vehicle
678     available for rent through a software application, unless:

679          (a) the private vehicle rental fails to comply with the requirements of a private vehicle
680     rental as described in Title 13, Chapter 52, Rental Network Company Registration Act;
681          (b) the rental vehicle owner or the rental network company knowingly allows a renter
682     to use the private motor vehicle as a commercial vehicle during the private vehicle rental; or
683          (c) the rental vehicle owner, in combination with all individuals residing in the same
684     household as the rental vehicle owner, uses a software application, or combination of software
685     applications, to rent, or make available for rent, more than four motor vehicles at one time.
686          Section 23. Section 31A-22-325 is enacted to read:
687          31A-22-325. Private vehicle rental liability.
688          (1) Notwithstanding any other provision of law or any provision in a rental vehicle
689     owner's personal motor vehicle liability insurance policy, in the event of a loss or injury that
690     occurs during the rental period or while the private motor vehicle is under the control of a
691     rental network company, the rental network company is the owner of the vehicle under any
692     statute that may impose liability upon an owner of a private passenger motor vehicle solely
693     based on ownership.
694          (2) A rental network company shall retain liability described in Subsection (1)
695     regardless of any inadvertent lapse in the blanket policy under which the rental network
696     company is insured.
697          (3) An insurer providing blanket liability insurance to a rental network company in
698     accordance with Section 13-52-401 is liable for a claim in which a dispute exists regarding the
699     person that was in control of the vehicle when the loss occurred giving rise to the claim.
700          (4) If it is determined that a rental vehicle's owner was in control of the private motor
701     vehicle at the time of a loss giving rise to a claim, the rental vehicle owner's personal motor
702     vehicle liability insurer shall indemnify the rental network company's blanket insurer, to the
703     extent of the personal motor vehicle liability insurer's obligation under the applicable insurance
704     policy.
705          (5) Subject to the provisions of Subsections (3) and (4), if a rental vehicle owner or the
706     rental vehicle owner's personal motor vehicle insurer is named as the defendant in a civil action
707     for a loss or injury that occurs:
708          (a) during the rental period, the rental network company's blanket liability insurance
709     insurer under Subsection 13-52-401(1) has the duty to defend and indemnify the rental vehicle

710     owner and rental vehicle owner's personal motor vehicle liability insurer; or
711          (b) while the private motor vehicle is under the control of a rental network company,
712     the rental network company's blanket liability insurance insurer under Subsection 13-52-401(2)
713     has the duty to defend and indemnify the rental vehicle owner and rental vehicle owner's
714     personal motor vehicle liability insurer.
715          Section 24. Section 34-53-101 is enacted to read:
716     
CHAPTER 53. BUILDING SERVICE NETWORK COMPANY ACT

717     
Part 1. General Provisions

718          34-53-101. Title.
719          This chapter is known as "Building Service Network Company Act."
720          Section 25. Section 34-53-102 is enacted to read:
721          34-53-102. Definitions.
722          As used in this chapter:
723          (1) (a) "Building service" means a maintenance, repair, or installation service, in or
724     around a building or residence, that costs $3,000 or less.
725          (b) "Building service" includes:
726          (i) cleaning or janitorial services;
727          (ii) furniture assembly, installation, moving, or delivery services;
728          (iii) landscaping;
729          (iv) home repair services; and
730          (v) services similar to the services described in Subsections (1)(b)(i) through (iv).
731          (2) "Building service contractor" means a person who enters into an agreement with a
732     building service network company to use the building service network company's software
733     platform to connect with and receive requests from persons seeking a building service.
734          (3) "Building service network company" means an entity that:
735          (a) uses an Internet-connected software platform, including a mobile application, to
736     connect a building service contractor to a person seeking a building service; and
737          (b) charges a building service contractor or person seeking building services a fee to
738     use the software platform described in Subsection (3)(a).
739          Section 26. Section 34-53-201 is enacted to read:
740     
Part 2. Employment Status


741          34-53-201. Independent contractor presumption.
742          (1) A building service contractor may affiliate with a building service network
743     company as an independent contractor or as an employee.
744          (2) (a) There is a presumption that a building service contractor who affiliates with a
745     building service network company is an independent contractor, unless there is clear and
746     convincing evidence that the parties intended the building service contractor to be an employee.
747          (b) The presumption described in Subsection (2)(a) extends to each act the building
748     service contractor performs in connection with a request for a building service placed through
749     the building service network company's software platform.
750          Section 27. Section 41-1a-214 is amended to read:
751          41-1a-214. Registration card to be signed, carried, and exhibited.
752          (1) A registration card shall be signed by the owner in ink in the space provided.
753          (2) A registration card shall be carried at all times in the vehicle to which it was issued.
754          (3) The person driving or in control of a vehicle shall display the registration card upon
755     demand of a peace officer or any officer or employee of the division.
756          (4) For a vehicle owned by a rental company, as defined in Section 31A-22-311, a
757     person driving or in control of the vehicle may display the vehicle's rental agreement, as
758     defined in Section 31A-22-311, in place of a registration card for compliance with Subsection
759     (3).
760          (5) For a vehicle being used in connection with a private vehicle rental, as defined in
761     Section 13-52-102, a person driving or in control of the vehicle may display the vehicle's rental
762     agreement, as defined in Section 13-52-102, in place of a registration card for compliance with
763     Subsection (3).
764          [(5)] (6) A violation of this section is an infraction.
765          Section 28. Section 41-12a-303.2 is amended to read:
766          41-12a-303.2. Evidence of owner's or operator's security to be carried when
767     operating motor vehicle -- Defense -- Penalties.
768          (1) As used in this section:
769          (a) "Division" means the Motor Vehicle Division of the State Tax Commission.
770          (b) "Registration materials" means the evidences of motor vehicle registration,
771     including all registration cards, license plates, temporary permits, and nonresident temporary

772     permits.
773          (2) (a) (i) A person operating a motor vehicle shall:
774          (A) have in the person's immediate possession evidence of owner's or operator's
775     security for the motor vehicle the person is operating; and
776          (B) display it upon demand of a peace officer.
777          (ii) A person is exempt from the requirements of Subsection (2)(a)(i) if the person is
778     operating:
779          (A) a government-owned or leased motor vehicle; or
780          (B) an employer-owned or leased motor vehicle and is driving it with the employer's
781     permission.
782          (iii) A person operating a vehicle that is owned by a rental company, as defined in
783     Section 31A-22-311, may comply with Subsection (2)(a)(i) by having in the person's
784     immediate possession, or displaying, the rental vehicle's rental agreement, as defined in Section
785     31A-22-311.
786          (iv) A person operating a vehicle in connection with a private vehicle rental, as defined
787     in Section 13-52-102, may comply with Subsection (2)(a)(i) by having in the person's
788     immediate possession, or displaying, the rental vehicle's rental agreement, as defined in Section
789     13-52-102.
790          (b) Evidence of owner's or operator's security includes any one of the following:
791          (i) a copy of the operator's valid:
792          (A) insurance policy;
793          (B) insurance policy declaration page;
794          (C) binder notice;
795          (D) renewal notice; or
796          (E) card issued by an insurance company as evidence of insurance;
797          (ii) a certificate of insurance issued under Section 41-12a-402;
798          (iii) a certified copy of a surety bond issued under Section 41-12a-405;
799          (iv) a certificate of the state treasurer issued under Section 41-12a-406;
800          (v) a certificate of self-funded coverage issued under Section 41-12a-407; or
801          (vi) information that the vehicle or driver is insured from the Uninsured Motorist
802     Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured

803     Motorist Identification Database Program.
804          (c) A card issued by an insurance company as evidence of owner's or operator's
805     security under Subsection (2)(b)(i)(E) on or after July 1, 2014, may not display the owner's or
806     operator's address on the card.
807          (d) (i) A person may provide to a peace officer evidence of owner's or operator's
808     security described in this Subsection (2) in:
809          (A) a hard copy format; or
810          (B) an electronic format using a mobile electronic device.
811          (ii) If a person provides evidence of owner's or operator's security in an electronic
812     format using a mobile electronic device under this Subsection (2)(d), the peace officer viewing
813     the owner's or operator's security on the mobile electronic device may not view any other
814     content on the mobile electronic device.
815          (iii) Notwithstanding any other provision under this section, a peace officer is not
816     subject to civil liability or criminal penalties under this section if the peace officer inadvertently
817     views content other than the evidence of owner's or operator's security on the mobile electronic
818     device.
819          (e) (i) Evidence of owner's or operator's security from the Uninsured Motorist
820     Identification Database Program described under Subsection (2)(b)(vi) supercedes any
821     evidence of owner's or operator's security described under Subsection (2)(b)(i)(D) or (E).
822          (ii) A peace officer may not cite or arrest a person for a violation of Subsection (2)(a) if
823     the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a,
824     Part 8, Uninsured Motorist Identification Database Program, information indicates that the
825     vehicle or driver is insured.
826          (3) It is an affirmative defense to a charge or in an administrative action under this
827     section that the person had owner's or operator's security in effect for the vehicle the person
828     was operating at the time of the person's citation or arrest.
829          (4) (a) The following are considered proof of owner's or operator's security for
830     purposes of Subsection (3) and Section 41-12a-804:
831          (i) evidence defined in Subsection (2)(b);
832          (ii) a written statement from an insurance producer or company verifying that the
833     person had the required motor vehicle insurance coverage on the date specified; or

834          (iii) a written statement from an insurance producer or company, or provision in an
835     insurance policy, indicating that the policy provides coverage for a newly purchased car and the
836     coverage extended to the date specified.
837          (b) The court considering a citation issued under this section shall allow the evidence
838     or a written statement under Subsection (4)(a) and a copy of the citation to be faxed or mailed
839     to the clerk of the court to satisfy Subsection (3).
840          (c) The notice under Section 41-12a-804 shall specify that the written statement under
841     Subsection (4)(a) and a copy of the notice shall be faxed or mailed to the designated agent to
842     satisfy the proof of owner's or operator's security required under Section 41-12a-804.
843          (5) A violation of this section is an infraction, and the fine shall be not less than:
844          (a) $400 for a first offense; and
845          (b) $1,000 for a second and subsequent offense within three years of a previous
846     conviction or bail forfeiture.
847          (6) Upon receiving notification from a court of a conviction for a violation of this
848     section, the department:
849          (a) shall suspend the person's driver license; and
850          (b) may not renew the person's driver license or issue a driver license to the person
851     until the person gives the department proof of owner's or operator's security.
852          (i) This proof of owner's or operator's security shall be given by any of the ways
853     required under Section 41-12a-401.
854          (ii) This proof of owner's or operator's security shall be maintained with the department
855     for a three-year period.
856          (iii) An insurer that provides a certificate of insurance as provided under Section
857     41-12a-402 or 41-12a-403 may not terminate the insurance policy unless notice of termination
858     is filed with the department no later than 10 days after termination as required under Section
859     41-12a-404.
860          (iv) If a person who has canceled the certificate of insurance applies for a license
861     within three years from the date proof of owner's or operator's security was originally required,
862     the department shall refuse the application unless the person reestablishes proof of owner's or
863     operator's security and maintains the proof for the remainder of the three-year period.
864          Section 29. Coordinating H.B. 429 with H.B. 364 -- Substantive and technical

865     amendments.
866          If this H.B. 429 and H.B. 364, Employment Law Amendments, both pass and become
867     law, it is the intent of the Legislature that Sections 34-53-101, 34-53-102, and 34-53-201 in this
868     bill supersede Sections 34-53-101, 34-53-102, and 34-53-201 in H.B. 364 when the Office of
869     Legislative Research and General Counsel prepares the Utah Code database for publication.






Legislative Review Note
Office of Legislative Research and General Counsel