2020 Resource & Reference Guidebook

3 Hr Dealer Renewal Class 2020 RESOURCE & REFERENCE GUIDEBOOK PREFERRED PROVIDER FOR THE STATE OF UTAH & THE USED CAR DEALERS OF UTAH

PRESENTED BY: – DEALER LICENSE RESOURCE GUIDE –

The Used Car Dealers of Utah is the only organization in Utah representing you at Capitol Hill each year. We are saving dealers hundreds of dollars each year. Have you taken advantage of UCDU the savings and programs available to you and your business? Join Today!

BECAUSE EVERYONE DRIVES A USED CAR.

Member Benefits Include Legislative Representation | Discounted Insurance | Member Only CPO Program Education Resources | Discounted Forms | NIADA Membership

“The Association has the right “Consider investing in your future…” contacts to get the right information for the solution to my problem.” Why don’t you Join? Representing Used Car Dealers Across the State of Utah. “While making a change in my business name, the MVED told me I would have to surrender my license and dealer plates and wait for a new license to be issued taking about three weeks. Since I could not be out of business for three weeks, I called the Used Car Dealers Association. As a member, the team at the Association got me to the right person who made it possible to keep my current license while I made my transition.

Then while looking for insurance for my business, I called the Association to see if they had someone who knew dealer insurance and could save me some money. They gave me their contact person and not only did it save me money and increased my coverage but the Association discount more than saved me my membership dues.

As I have become more involved in the Association, I have been challenged to know who my legislators are and who represents me. By attending neighborhood political meetings, I’ve developed relationships with our legislators, enabling me to inform them regarding important policy decision that affect the used car industry. This relationship has helped our legislative team on Capitol Hill to be more successful in improving our industry.

Every time I have a challenge with a title or a DMV issue, the Association has found the right answer for me. No longer am I frustrated after receiving conflicting answers from different government employees and having to guess who is correct. The Association has the right contacts to get the right information for the solution to my problem.

The value of being connected in our industry is well worth the investment of being a member of the Used Car Dealers Association. My association dues are well invested. Consider investing in your future too and sign up today.”

Tane Wanlass Rivers Auto Solutions (801) 438-2520 7414 S State Street, Midvale, UT 84047 www.UtahDealers.com – DEALER LICENSE RESOURCE GUIDE – Table Of Contents IDS DEALER LICENSE EDUCATION PROGRAM WELCOME! . V COPYRIGHT POLICY & INFRINGEMENT. VII INDUSTRY RESOURCES & PARTNERS. VIII PRIMARY BILLS TABLE OF CONTENTS HB 185 – TAX RESTRUCTURING REVISIONS - REPEAL. 1 HB 49 - SALES TAX ON MOTOR VEHICLES. 1 HB 10 – BOARDS AND COMMISSIONS AMENDMENTS. 2 HB 366 – UTAH ALTERNATIVE DISPUTE PROCESS FOR ADA. 2 SB 31 - SAFETY INSPECTIONS FOR CITED VEHICLES . 4 SB 120 -VEHICLE REPAIR AND NOTIFICATION AMENDMENTS. 5 SB 168 - VEHICLE RENTAL AMENDMENTS. 8 KILLED/ NOT PASSED BILLS HB 123 - VEHICLE PROPERTY TAX AMENDMENTS. 9 HB 126 - MOTOR VEHICLE BUSINESS AMENDMENTS. 9 HB 170 - TINTED VEHICLE WINDOWS AMENDMENTS. 9 SB 177 - SMALL CLAIMS AMENDMENTS. 10 SB 182 - SCRAP METAL AMENDMENTS. 10 SB 71 - IMPOUND FEES AMENDMENTS . 10 WATCH LIST HB 412 - CREDIT REPORTING NOTIFICATION AMENDMENTS. 11 SB 55 - VEHICLE REGISTRATION REVISIONS. 11 HB 120 - TOWING FEE AMENDMENTS. 12 HB 165 - TELEPHONE AND FACSIMILE SOLICITATION ACT. 12 SB 110 - ELECTRONIC DRIVER LICENSE AMENDMENTS. 12 EMISSIONS BILLS HB 180 - EMISSIONS INSPECTION REVISIONS . 13 HB 396 - ELECTRIC VEHICLE CHARGING INFRASTRUCTURE. 13 HB 259 - ELECTRIC VEHICLE CHARGING NETWORK. 14 HB 176 – VEHICLE EMISSIONS REDUCTIONS AMENDMENTS . 14 SPECIAL PLATES BILLS SB 227 – VETERANS LICENSE PLATES . 14 HB 287 – DISABLED VETERANS LICENSE PLATES . 14 HB 318 – MARTIN LUTHER KING SPECIAL LICENSE PLATE . 14 HB 339 – CLEAN AIR SPECIAL GROUP PLATES . 14 SB 212 – SPECIAL GROUP LICENSE PLATES . 15 SB 97 - PERSONAL LICENSE PLATE AMENDMENTS. 15 SB 85 – LICENSE PLATE POSITION . 15 RV/MARINE SB 128 - NON-VEHICLE FRANCHISE AGREEMENT. 16 HB 212 - VEHICLE SALES TAX EXEMPTION MODIFICATIONS. 18 HB 329 – POWERSPORT & AUTO FRANCHISE ACT . 20 HB 463 – VEHICLE BOAT & TRAILER REGISTRATION . 20 HB 255 – BOAT FEES AMENDMENTS. 20 HB 467 – AQUATIC INVASIVE SPECIES . 21 SB 216 – RECREATIONAL VEHICLE TAX AMENDMENTS. 21

– DEALER LICENSE RESOURCE GUIDE – Ids Dealer License Education Program IDS DEALER LICENSE EDUCATION PROGRAM

WELCOME! Welcome and thank you for choosing Independent Dealer Solutions to obtain your license renewal education. We are committed to helping dealers across the state of Utah to better understand what is required to operate legally. This is not a class that simply fills a requirement, but a class that offers solutions to keep you in compliance with the laws. It is extremely important as a dealer in Utah that you understand and properly disclose the sale of a motor vehicle. Consumers in Utah are suing dealers and unwinding deals simply because dealers are not aware of all the requirements and disclosures in selling a vehicle. It has never been more apparent why the used vehicle industry must unite together. Every year our legislature is looking at ways to regulate our profession. Even though we are competitors, we must unite our efforts on all government intervention. Independent Dealer Solutions has worked for over 50 years on Capitol Hill “It has never been to protect your interests and are very familiar with the laws governing this more apparent why profession. We are not attorneys or legal council and suggest if you have the used vehicle questions or issues specific to your dealership you should seek legal advice. industry must unite We offer the best option for your education needs and hope you will together. Every year continue to look to us for further information and solutions for your business. our legislature is The mission of IDS is to better inform and educate dealers in Utah to looking at ways avoid any unfair and unneeded legislation. Additionally, we seek to raise to regulate our the level of professionalism of the industry and the confidence of the profession.…” consuming public. We are dedicated to providing quality and professional representation to dealers in Utah and meeting all your business needs. We urge you to become invested in your profession by joining the Used Car Dealers Association and sharing your ideas and issues that affect us all. Working together there is nothing that we cannot do to meet our goals and objectives. If you would like more information about the association and what is available to you, don’t hesitate to contact us. .

Welcome, Continued…

Our Anti-Trust Statement Disclosure:

Independent Dealers Solutions is organized to promote, develop and, maintain the advancement of the used vehicle dealer, powersport dealer, marine dealer and WHAT IS AN ANTI-TRUST recreation vehicle dealer. IDS does not intended to AND WHY IT’S BAD? and may not play a role in the competitive decisions of Congress passed the first antitrust law, the Sherman its members, customers, and employees or in any way Act, in 1890 as a “comprehensive charter of economic restrict competition in any aspect of the automotive liberty aimed at preserving free and unfettered industry. Though this statement of policy makes it clear competition as the rule of trade.” In 1914, Congress unequivocal support for the policy of competition passed two additional antitrust laws: the Federal served by the antitrust laws and its uncompromising Trade Commission Act, which created the FTC, and the intent to comply strictly in all respects with those laws. Clayton Act. With some revisions, these are the three It is the individual responsibility of every dealer to be core federal antitrust laws still in effect today. guided by the antitrust laws. It is not the role of IDS to act as arbiter or judge of competitive conduct of industry members. As such, this statement of antitrust policy is not a mechanism through which members or customers could charge another member or customer with alleged illegal action. This is a great industry because of the people in it who have a vision of what the future can bring. We want to make sure that government does not impose restrictions that will inhibit business or effect commerce in a negative way. We thank those in government who also share the same vision. Be active in sharing ideas and concerns about this industry with us. We can only represent your interests if you tell us what they are. We represent dealers both big and small and will always protect free enterprise. Please let us know what we can do for you to further your success in this industry.

www.IndependentDealerSolutions.com – 801.566.3802 – ©2020 Copyright – CONFIDENTIAL PAGE vi – DEALER LICENSE RESOURCE GUIDE – Ids Dealer License Education Program COPYRIGHT POLICY & INFRINGEMENT Over the past 35 years IDS has spent a large amount of time, money and effort in helping dealers meet compliance with required disclosures. We have developed and maintained these forms for dealers to purchase them from us. In light of the number of violations we are seeing, we are preparing notices to every printing facility in Utah outlining the forms we have copyright protection. If they have been printing our protected forms, we will ask them to cease and desist and to disclose any business who has ordered forms or any similar version of the form. This also will include all software companies who have programed our forms into your system without our permission. Making variations to the form is still a violation as well as removing a copyright designation is a violation. Penalties can be very sever for the print company and the dealer. IDS has hired a top level law firm specializing in copyright protection that is investigating all copyright violations for us and taking appropriate action. To avoid this situation from being a problem for your dealership, you or your printer or software company should contact IDS to work out a solution. Our primary solution is to work with you, your printer and your software provider so you will no longer violate our copyright. We are not seeking damages at this time unless you do not solve the problem. We still provide the best prices and always maintain the most current version of the forms as the laws change. We hope you understand our position, as I know you would not want someone else using your name to sell cars without your permission. Here is a basic list of copyrighted forms owned by IDS for your review. If you have questions whether your forms violate our copyright protection, feel free to contact us without fear of reprisal. This list includes the following:

• Motor Vehicle Contract of Sale • Test Drive Agreement • Authorization for Payoff & Lien Holder Notification • Vehicle As-Is Agreement No Implied Warranty • Goodwill Service Agreement • Down Payment Disclosure • Dealer Consignment Agreement • Dealer Wholesale Only • Agreement to Furnish Insurance • Trade In Vehicle Appraisal • Safety Recall Notice • Advanced Driving System Notification • Deal Jacket #14 & #15

CORPORATE OFFICE: 7414 South State St. Midvale, UT 84047 Independent Dealer Solutions Ph: 801.566.3802 Fx: 801.566.0708 www.idsinfo.com Located in Midvale, Ogden, and Orem. OGDEN OFFICE: IDS Offices carry promotional products, forms, dealer supplies, guide books and more for all your dealership needs. Some products such as 3544 Lincoln Ave. #9 custom items or specialty items may need to be ordered and sent to Ogden, UT 84405 you at a later time. Ph: 801.621.5869 IDS also provides title and registration services. Bring your paperwork into one of our three offices and have your paperwork processes just like at a DMV office. Service fees apply based on the type of OREM OFFICE: paperwork turnaround service you would like. 905 S. Orem Blvd Temporary Permits are available for purchase at any IDS office. Orem, UT 84058 Ph: 801.852.9003 IDS is not a Legal Attorney Office. IDS suggests that you contact your attorney to review any and all paperwork and business decisions within your dealership. Insurance:

Curtis J Vernon Insurance 46 West 200 South Bountiful, UT 84010 ph: 801.292.5529 IDS CORPORATE OFFICE (MIDVALE) LOCATION

Attorney:

SEB Legal 5200 S Highland Dr Suite 303 Salt Lake City, UT 84171 ph: 801.449.9749

þ REPORT PROBLEMS: http://MVED.Utah.gov or Local Association: Call 1.800.297.2600 Used Car Dealers of Utah (UCDU) 7414 S State Street Midvale, UT 84047 ph: 801.438.2520

PRIMARY BILLS

Tax Reconstruction & Equalization Task Force Update

HB 185 – Tax Restructuring Revisions - Repeal - - - - - MVED UPDATE - - - - - Chief Sponsor: Francis D. Gibson SELLING FROM AN UNLICENSED LOCATION: Senate Sponsor: Lyle W. Hillyard The As a result of the Covid-19 pandemic our lives have definitely Effective date: January 28, 2020 changed. I just want to remind everyone that how you do business will be different in the coming months but it still must be in accordance with This bill repeals S.B. 2001, Tax Restructuring Revisions, the law. We have been seeing an increased number of advertisements which the Legislature passed during the 2019 Second that state a dealer will deliver a vehicle to the customer’s residence Special Session. and the paperwork will be signed there. Let me remind you of the following law: This bill provides a special effective date of January 28, 2020. • 41-3-210. License holders -- Prohibitions and requirements. (1) The holder of any license issued under this chapter may not:

(n) sell, display for sale, or offer for sale motor vehicles at any location HB 49 - Sales Tax on Motor Vehicles other than the principal place of business or additional places of business licensed under this chapter; this provision is construed Chief Sponsor: Norman K. Thurston to prevent dealers, salespersons, or any other representative of a Senate Sponsor: Lincoln Fillmore dealership from selling, displaying, or offering motor vehicles for sale from their homes or other unlicensed locations; Effective Date: May 12, 2020 If a vehicle is taken to someone’s home it is a violation of this section, This bill provides that when a dealer sells an aircraft, changes where sales tax is distributed, and brings in to play a commerce manufactured home, mobile home, modular home, section that is not used when a vehicle is sold at the dealership. motor vehicle, or watercraft over the Internet, the • 70C-5-102. Buyer’s right to cancel. location of the transaction is where the purchaser takes receipt of the property and makes technical and (1) Except as provided in Subsection (5), in addition to any right conforming changes. otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day Except as provided in Subsection (2)(b), if an item of on which the buyer signs an agreement or offer to purchase which tangible personal property described in Subsection complies with this chapter. (1)(a) is sold by a dealer of that tangible personal Please be mindful of these laws and adapt accordingly. We are here to property, the location of the sale of that tangible assist you in any way possible as we all struggle through this unique personal property is the business location of the dealer. challenge. Thank you for your cooperation in this matter.

From Director Allan Shinney

©2020 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com PAGE 1 Primary Bills – DEALER LICENSE RESOURCE GUIDE – (2)(b) If an item of tangible personal property described in Subsection (1)(a) is sold by a dealer of that tangible personal property that does not have a business location in the state, the location of the sale of that tangible personal property is the location where the purchaser takes receipt of the tangible personal property.

HB 10 – Boards and Commissions Amendments Chief Sponsor: Marc K. Roberts Senate Sponsor: Daniel W. Thatcher Effective Date: May 12, 2020

This bill adds sunset provisions to the following and provisions related to the following: • the Motor Vehicle Business Advisory Board; • the Motor Vehicle Review Committee; • the Off-highway Vehicle Advisory Council; • the Powersport Motor Vehicle Franchise Advisory Board; • the Recreational Trails Advisory Council;

HB 366 – Utah Alternative Dispute Process For ADA Complains Act Chief Sponsor: Norman K. Thurston Senate Sponsor: Todd Weiler Effective Date: May 12, 2020

This bill defines terms and creates a process to notify persons of alleged violations of the public accommodation protections of the Americans with Disabilities Act; addresses civil actions brought under the Americans with Disabilities Act; and provides a severability clause. 78B-8-702. Notice of a violation.

www.IndependentDealerSolutions.com – 801.566.3802 – ©2020 Copyright – CONFIDENTIAL PAGE 2 – DEALER LICENSE RESOURCE GUIDE – Primary Bills (1) Rather than file a civil action for an alleged violation of the Americans with Disabilities Act, a prospective plaintiff may notify the prospective defendant of the alleged violation. (2) A prospective defendant that receives notice of an alleged violation under Subsection (1) shall have a reasonable amount of time to remedy the alleged violation. (3) If a prospective defendant receives notice of an alleged violation in accordance with Subsection (1) and fails to remedy the alleged violation within a reasonable amount of time, a prospective plaintiff may provide the prospective defendant with written notice of the alleged violation. (5) If a prospective plaintiff sends a written notice under Subsection (3), the prospective defendant shall be given 90 days after the day on which the prospective defendant receives the written notice to remedy any alleged violation in the written notice. (6) (a) Except as provided in Subsection (6)(b), if a prospective plaintiff sends a written notice under Subsection (3), the prospective defendant shall obtain an inspection of the public accommodation to determine whether the place of public accommodation is in compliance with the Americans with Disabilities Act. (b) If the prospective defendant is unable to obtain an inspection under Subsection (6)(a) for a reasonable price or free of charge, the prospective defendant is not required to obtain the inspection under this section. (c) If the prospective defendant obtains an inspection, the prospective defendant is required to provide the prospective plaintiff with proof of an inspection but is not required to provide the prospective plaintiff with the results of that inspection. (7) A prospective plaintiff may demand no more than the cost of one hour of reasonable attorney fees from the prospective defendant in the written notice described in Subsection (4).

©2020 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com PAGE 3 Primary Bills – DEALER LICENSE RESOURCE GUIDE – (8) An unsworn declaration under this section shall conform to the requirements of Chapter 18a, Uniform Unsworn Declarations Act. 78B-8-703. Final warning of a violation. (1) A prospective plaintiff may provide a prospective defendant with a final warning of an alleged violation of the Americans with Disabilities Act if the prospective plaintiff provided the prospective defendant with notice of the alleged violation in accordance with Section 78B-8-702 and the prospective defendant failed to remedy the alleged violation within the 90-day period described in Section 78B- 8-702. (b) A prospective defendant is required to provide the prospective plaintiff with proof of the inspection described in Subsection (4)(a) but is not required to provide the prospective plaintiff with the results of that inspection. (5) A prospective plaintiff may demand no more than the cost of one hour of reasonable attorney fees from the prospective defendant in the final warning described in Subsection (2). 78B-8-704. Filing a civil action. This part does not prevent a prospective plaintiff from seeking any available remedies for an alleged violation under the Americans with Disabilities Act. 78B-8-705. Severability. (1) If any provision of this part or the application of any part to any person or circumstance is held invalid by a court, the remainder of this part shall be given effect without the invalid provision or application.

SB 31 - SAFETY INSPECTIONS FOR CITED VEHICLES Chief Sponsor: Kathleen Riebe House Sponsor: Lee B. Perry Effective Date: May 12, 2020

This bill extends the time period for persons to repair a vehicle after being cited by a peace officer; and allows a peace officer to stop and inspect a vehicle that has been in an accident. (1) A person operating a vehicle shall submit the vehicle to a safety inspection when required to do so by a peace officer. www.IndependentDealerSolutions.com – 801.566.3802 – ©2020 Copyright – CONFIDENTIAL PAGE 4 – DEALER LICENSE RESOURCE GUIDE – Primary Bills (2) (a) An owner or driver, upon receiving a notice as provided in Section 53-8-209, shall within [five] 14 business days: (i) secure a safety inspection certificate and (ii) present the certificate and the repaired vehicle to the Utah Highway Patrol for verification.

SB 120 -VEHICLE REPAIR AND NOTIFICATION AMENDMENTS Chief Sponsor: Curtis S. Bramble House Sponsor: James A. Dunnigan Effective Date: May 20, 2020

This bill: amends language required in a contract for sales or lease of a salvage or total loss vehicle regarding possible impacts of a salvage title; amends provisions related to title disclosures of vehicles declared a total loss due to theft; requires certain repair facilities that repair vehicles equipped with advanced driver assistance systems to inform the customer regarding the recalibration requirements for the advanced driver assistance system and whether the proper recalibration will be performed; if the recalibration of the advanced driver assistance system will be performed, meet or exceed the original manufacturer’s specifications; and if the recalibration was not completed successfully, inform the customer that the vehicle should be taken to the manufacturer’s certified repair shop or other repair shop capable of providing the proper recalibration and repair; amends provisions related to disclosure of insurance coverage related to automotive glass repair and recalibration; and makes technical changes. (2) For a disclosure required by Subsection (1), the following disclosure language shall be contained in each contract for sale or lease of a salvage vehicle to a purchaser or shall be contained in a form affixed to a contract, lease, bill of sale, or any other document that transfers title:

“THIS DISCLOSURE STATEMENT MUST BE GIVEN BY THE SELLER TO THE BUYER EVERY TIME THIS VEHICLE IS KNOWINGLY RESOLD WITH A SALVAGE CERTIFICATE OR TOTAL LOSS HISTORY DISCLOSURE STATEMENT Vehicle Identification Number (VIN) Year: Make: Model: SALVAGE OR TOTAL LOSS VEHICLE--NOT FOR RESALE WITHOUT DISCLOSURE WARNING: THIS VEHICLE HAS A SALVAGE OR TOTAL LOSS HISTORY WHICH MAY MATERIALLY AFFECT THE VALUE, SAFETY AND/OR CONDITION OF THE VEHICLE. BECAUSE OF ITS CONDITION THE MANUFACTURER’S WARRANTY OR SERVICE CONTRACT ON THIS VEHICLE MAY BE AFFECTED. THIS [SALVAGE] VEHICLE MAY NOT BE SAFE FOR OPERATION UNLESS PROPERLY REPAIRED. SOME STATES MAY REQUIRE AN INSPECTION BEFORE THIS VEHICLE [MAY BE] IS REGISTERED. THE STATE OF UTAH MAY REQUIRE THIS VEHICLE TO BE PERMANENTLY BRANDED AS A REBUILT SALVAGE VEHICLE. OTHER STATES MAY ALSO PERMANENTLY BRAND THE CERTIFICATE OF TITLE. YOU MAY ASK THE SELLER OF THE VEHICLE TO SEE A COPY OF THE NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM (NMVTIS) VEHICLE HISTORY REPORT. YOU MAY ALSO INDEPENDENTLY OBTAIN THE REPORT BY CHECKING NMVTIS ONLINE AT WWW. VEHICLEHISTORY.GOV. ______Signature of Purchaser Date”

The salvage Disclosure for TC 814 will be changed and new language added.

41-6a-1645. Advanced driver assistance systems -- Repair, calibration, and disclosure. (1) As used in this section, “advanced driver assistance system” means an electronic safety system designed to support the driver and vehicle while operating on roads and highways that is intended to increase vehicle safety and reduce losses associated with automobile crashes.

www.IndependentDealerSolutions.com – 801.566.3802 – ©2020 Copyright – CONFIDENTIAL PAGE 6 – DEALER LICENSE RESOURCE GUIDE – Primary Bills (2) If the vehicle is equipped with an advanced driver assistance system, an automotive glass company or repair facility approving or conducting glass repair, replacement, or recalibration shall: (a) before approving or performing a vehicle glass repair or replacement, inform the consumer if a recalibration of that system is required and if such recalibration will be performed; and (b) if performing such recalibration, meet or exceed the manufacturer’s specifications. (3) (a) The automotive glass company or repair facility shall provide the consumer: (i) an itemized description of the work to be done on the vehicle; and (ii) if an insurer is paying all or part of the repair, the total amount the insurer has agreed to pay for the work described in Subsection(3)(a)(i). (b) An insurance company that makes payment for work described in Subsection (3)(a) may not be required to pay more than a fair and competitive price for the local market area. (c) An automotive glass company or repair facility may not represent to a customer that the cost of a repair, replacement, or recalibration will be paid for entirely by the customer’s insurer and at no cost to the customer unless the cost of the repair, replacement, or recalibration is fully covered and approved by the insurer. (d) If a recalibration was not performed or not completed successfully, the automotive glass company or repair facility shall inform the consumer electronically or in writing that the recalibration was not successful or was not performed and that the vehicle should be taken to a vehicle manufacturer’s certified dealership, a qualified automobile glass company, or repair facility capable of performing the recalibration of an advanced driver assistance system that meets or exceeds the manufacturer’s specifications. (4) An automotive glass company or repair facility conducting a scan or recalibration for vehicle glass repair or replacement services on a vehicle equipped with an advanced driver assistance system: (a) is not limited to vehicle glass, tooling, or equipment dictated or recommended by the manufacturer’s procedures or specifications; and

©2020 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com PAGE 7 Primary Bills – DEALER LICENSE RESOURCE GUIDE – (b) shall recalibrate the advanced driver assistance system to meet or exceed the manufacturer’s procedures or specifications. (5) An automotive glass company or repair facility may only bill or charge for vehicle glass repair, replacement, or recalibration services that are performed and necessary. (6) A person with actual knowledge that the advanced driver assistance system of a motor vehicle is inoperable or has not been repaired or recalibrated after a vehicle glass repair or replacement as described in this section may not knowingly sell, offer for sale, or display for sale, the motor vehicle without providing written notice to the purchaser that: (a) the advanced driver assistance system has not been repaired or recalibrated to the manufacturer’s specifications; or (b) the advanced driver assistance system is inoperable.

(7) A violation described in Subsections (1) through (6) is a civil penalty of $500. (8) (a) In addition to any other penalties, a purchaser may bring a civil action to recover damages resulting from a seller’s failure to provide notice under Subsection (6). (b) The amount of damages that may be recovered in a civil action described in Subsection (8)(a) is the greater of: (i) the amount of the actual damages or $1,500.

SB 168 - VEHICLE RENTAL AMENDMENTS Chief Sponsor: Jerry W. Stevenson House Sponsor: Joel Ferry Effective Date: May 12, 2020

This bill allows verification of a driver license through electronic or digital means for purposes of renting a motor vehicle and makes technical changes.

HB 123 - VEHICLE PROPERTY TAX AMENDMENTS Chief Sponsor: Norman K. Thurston Effective Date: Killed

This bill prohibits the State Tax Commission from collecting the statewide fee in lieu of ad valorem tax for a vehicle more than once per calendar year; modifies the amount of the statewide uniform fee in lieu of ad valorem tax for certain vehicles; addresses collection of the statewide uniform fee in lieu of ad valorem tax for a vehicle registered for a six- month period and makes technical and conforming changes.

HB 126 - MOTOR VEHICLE BUSINESS AMENDMENTS Sponsor: Calvin R. Musselman Effective Date: Killed

This bill allows a licensed motor vehicle salesperson to be employed by more than one dealer within a group of dealers under common management, ownership, or control; and provides that when a civil violation is committed by a dealer that operates within a group of dealers under common management, ownership, or control, the civil penalty shall be assessed only against the dealer that committed the civil violation.

HB 170 - TINTED VEHICLE WINDOWS AMENDMENTS Sponsor: Phil Lyman Effective Date: No Hearing

This bill reduces the required light transmittance of tinted windows on motor vehicles from 35% to 25%.

©2020 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com PAGE 9 Killed/ Not Passed Bills – DEALER LICENSE RESOURCE GUIDE – SB 177 - SMALL CLAIMS AMENDMENTS Sponsor: Kirk A. Cullimore Effective Date: No Hearing

This bill provides that a county justice court has territorial jurisdiction within the county over small claims cases; provides that a municipal justice court has territorial jurisdiction over small claims cases in the county that the municipal justice court resides; increases the amount of an action required for a small claims action from $11,000 to $20,000;

allows a debt collection agency to be an assignee for a small claims action and makes technical and conforming changes.

SB 182 - SCRAP METAL AMENDMENTS Sponsor: Daniel Hemmert Effective Date: Killed

This bill prohibits a dealer (scrap metal dealer) from purchasing a catalytic converter without receiving proof that the owner of the catalytic converter is the owner of the vehicle from which the catalytic converter was removed and makes technical changes.

SB 71 - IMPOUND FEES AMENDMENTS Sponsor: Daniel McCay House Sponsor: ______Effective Date: Killed

This bill amends provisions related to towing to prohibit a tow truck operator or tow truck motor carrier from collecting fees or charging for storage for a vehicle that was towed without the knowledge of the owner until a report is sent to the Motor Vehicle Division; the law enforcement agency having jurisdiction is notified within two business days of performing the tow truck service, a certified letter is sent to the last known address of the owner and upon contacting the owner, the Utah Consumer Bill of Rights Regarding Towing is provided to the owner.

HB 412 - CREDIT REPORTING NOTIFICATION AMENDMENTS Sponsor: A. Cory Maloy Senate Sponsor: Jacob L. Anderegg Effective Date: May 12, 2020

This bill allows a creditor to notify the affected individual by electronic mail when the creditor submits a negative credit report to a credit reporting agency and makes technical changes. (a) A creditor shall provide the notice in writing; (ii) by in-person delivery; first class mail, postage prepaid, to the party’s last-known address; or (C) if the party has consented to receive notices by electronic mail, by electronic mail and (iii) no more than 30 days after the day on which the creditor submits the negative credit report to the credit reporting agency.

SB 55 - VEHICLE REGISTRATION REVISIONS Chief Sponsor: Jacob L. Anderegg House Sponsor: Marc K. Roberts Effective Date: May 12, 2020

This bill amends provisions to allow a court to dismiss an action against an individual for the individual’s failure to register a vehicle if the individual can show proof of proper registration within 14 days of the citation.

©2020 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com PAGE 11 Watch List – DEALER LICENSE RESOURCE GUIDE – HB 120 - TOWING FEE AMENDMENTS Chief Sponsor: A. Cory Maloy Senate Sponsor: Wayne A. Harper Effective Date: May 12, 2020

This bill allows a special service district to charge a dispatch fee for dispatch costs on tow truck motor carriers in order to be part of the towing rotation of that special service district.

HB 165 - TELEPHONE AND FACSIMILE SOLICITATION ACT AMENDMENTS Sponsor: Michael K. McKell Senate Sponsor: Curtis S. Bramble Effective Date: May 12, 2020

This bill permits a court in a private action under the Telephone and Facsimile Solicitation Act to award a person treble the amount of the person’s pecuniary loss under certain circumstances; repeals provisions related to a state no-call database; amends prohibitions against certain unsolicited telephone calls and makes technical and conforming changes.

SB 110 - ELECTRONIC DRIVER LICENSE AMENDMENTS Chief Sponsor: Lincoln Fillmore House Sponsor: Craig Hall Effective Date: May 12, 2020

This bill requires the Driver License Division to develop a pilot program for the issuance of an electronic license certificate or identification card; requires the Driver License Division to develop a permanent program for the issuance of an electronic license certificate or identification card and makes technical changes.

HB 180 - EMISSIONS INSPECTION REVISIONS Chief Sponsor: A. Cory Maloy Senate Sponsor: Curtis S. Bramble Effective Date: January 1, 2021

This bill exempts electric motor vehicles from local emissions compliance fees and makes technical changes.

HB 396 - ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AMENDMENTS Sponsor: V. Lowry Snow Senate Sponsor: Lincoln Fillmore Effective Date: May 12, 2020

This bill modifies the definitions of “electrical corporation” and “public utility” for purposes of public utility code provisions and expands the description of entities excluded from those definitions because they are entities that sell electric vehicle battery charging service; enacts definitions relating to electric vehicle battery charging station infrastructure and services; requires the Public Service Commission to authorize a large-scale electric utility’s vehicle charging infrastructure program that allows for a $50,000,000 investment, and provides for amendments to that program; and provides for a large-scale electric utility to recover the utility’s investment in vehicle charging infrastructure.

©2020 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com PAGE 13 Special Plates Bills – DEALER LICENSE RESOURCE GUIDE – HB 259 - ELECTRIC VEHICLE CHARGING NETWORK Sponsor: Robert M. Spendlove Senate Sponsor: David G. Buxton Effective Date: May 12, 2020

This bill requires the Department of Transportation in consultation with relevant private entities, to lead in the creation of a statewide electric vehicle charging network plan to provide electric vehicle charging facilities along certain state highways; requires the department to coordinate with other relevant state and local entities; and requires the department to present the plan to the Transportation Interim Committee.

HB 176 – Vehicle Emissions Reductions Amendments – No Hearing

SPECIAL PLATES BILLS

SB 227 – Veterans License Plates – Not Passed HB 287 – Disabled Veterans License Plates

- Not passed HB 318 – Martin Luther King Special License Plate - Passed HB 339 – Clean Air Special Group Plates - Passed

www.IndependentDealerSolutions.com – 801.566.3802 – ©2020 Copyright – CONFIDENTIAL PAGE 14 – DEALER LICENSE RESOURCE GUIDE – Special Plates Bills SB 212 – Special Group License plates - Passed - Latino Community Plate

SB 97 - PERSONAL LICENSE PLATE AMENDMENTS Chief Sponsor: Luz Escamilla House Sponsor: Marc K. Roberts Effective Date: May 12, 2020

This bill allows the Motor Vehicle Division to refuse to issue a license plate if the Motor Vehicle Division determines that the combination of letters and numbers disparages a group of people based on certain protected classes; and prohibits the Motor Vehicle Division from denying a personalized license plate request if the requested letters, numbers, or combination of both refer to an official state symbol.

SB 85 – License Plate Position - Killed (4) Enforcement by a state or local law enforcement officer of the requirement under Subsection (1) to shall be only as a secondary action when the vehicle has been detained for a suspected violation by any person in the vehicle of Title 41, Motor Vehicles, other than the requirement under Subsection (1) to attach license plate to the front of the vehicle, or for another offense.

SB 128 - NON-VEHICLE FRANCHISE AGREEMENT AMENDMENTS Chief Sponsor: Curtis S. Bramble House Sponsor: Francis D. Gibson Effective Date: October 15, 2020

This bill defines terms; and excludes certain trailers from the New Automobile Franchise Act; amends provisions related to prohibitions and requirements of license holders; and makes technical and conforming changes. 13-14-102. Definitions. ( Motor Vehicle Franchise Law Definitions)

(b) “Motor vehicle” does not include: (i) a motorcycle as defined in Section 41-1a-102; (ii) an off-highway vehicle as defined in Section 41-3- 102; [and] (iii) a small trailer [as defined in Section 41-3-102.]; (iv) a trailer that: (A) is not designed for human habitation; and (B) has a gross vehicle weight rating of less than 26,000 pounds; (v) a mobile home as defined in Section 41-1a-102; (vi) a trailer of 750 pounds or less unladen weight; and (vii) a farm tractor or other machine or tool used in the production, harvesting, or care of a farm product. “New motor vehicle” means a motor vehicle that: (a) has never been titled or registered; and (b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. 41-3-102. Definitions. (Motor Vehicle Code Definitions)

www.IndependentDealerSolutions.com – 801.566.3802 – ©2020 Copyright – CONFIDENTIAL PAGE 16 – DEALER LICENSE RESOURCE GUIDE – Rv/marine (19) (a) “Franchise” means a contract or agreement between a dealer and a manufacturer of new motor vehicles or a manufacturer’s distributor or factory branch by which the dealer is authorized to sell any specified make or makes of new motor vehicles. (b) “Franchise” includes a contract or agreement described in Subsection (19)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. 41-3-210. License holders -- Prohibitions and requirements.

(w) possess a franchise that is not expressed in writing, if the franchise allows the sale or exchange of a new trailer that: (i) is not designed for human habitation; (ii) has a gross vehicle weight rating of less than 26,000 pounds; and (iii) is not designed to carry a motorboat as defined in Section 73-18-2. (vii) waive or forbear the right of the dealer, if the dealer offers for sale, sells, or exchanges cargo/utility trailers, to protest the establishment or relocation of a dealer who offers for sale, sells, or exchanges cargo/utility trailers of the same line-make in the relevant market area of the established dealer. (b) For the purpose of Subsection (5)(a)(vii): (i) “Cargo/utility trailer” means a trailer that: (A) is not designed for human habitation; (B) has a gross vehicle weight rating of less than 26,000 pounds; and (C) is not designed to carry a motorboat as defined in Section 73-18-2. (ii) “Relevant market area” means: (A) for a dealership located in a county that has a population of less than 225,000, the county in which the dealership is located and the area within a 15-mile radius of the dealership; or (B) for a dealership located in a county that has a population of 225,000 or more, the area within a 10- mile radius of the dealership.

Utah Code References To Compare: • 13-14-1, 2, and 3 Motor Vehicle Franchise Act • 13-35-1, 2, and 3 Powersport Vehicle dealers Franchise Act • 41-3-102 – Motor Vehicle Definitions • 41-3-210 – Dealer Prohibited Acts

HB 212 - VEHICLE SALES TAX EXEMPTION MODIFICATIONS Sponsor: Bradley G. Last Senate Sponsor: Curtis S. Bramble Effective Date: May 12, 2020

This bill amends provisions of a sales tax exemption related to vehicles to include only those vehicles not required to be registered in this state because the vehicle is used outside of the state for at least an aggregate of six months of a calendar year. 59-12-104. Exemptions.

(B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered outside of this state and not required to be registered in this state under Section 41-1a-202 or 73-18-9 based on residency; 41-1a-202 Definitions -- Vehicles exempt from registration -- Registration of vehicles after establishing residency.

(1) In this section: “Resident” means any of the following: (A) an individual who has established a domicile in this state regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year; engages in a trade, profession, or occupation in this state or who accepts employment in other than seasonal work in this state and who does not commute into the state; declares himself to be a resident of this state for the purpose of obtaining a driver license or motor vehicle registration; or declares himself a resident of Utah to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees; or any

www.IndependentDealerSolutions.com – 801.566.3802 – ©2020 Copyright – CONFIDENTIAL PAGE 18 – DEALER LICENSE RESOURCE GUIDE – Rv/marine individual, partnership, limited liability company, firm, corporation, association, or other entity that: maintains a main office, branch office, or warehouse facility in this state and that bases and operates a motor vehicle in this state; or operates a motor vehicle in intrastate transportation for other than seasonal work. (ii) “Resident” does not include any of the following:(A) a member of the military temporarily stationed in Utah; (B) an out-of-state student, as classified by the institution of higher education, enrolled with the equivalent of seven or more quarter hours, regardless of whether the student engages in a trade, profession, or occupation in this state or accepts employment in this state; and (C) an individual domiciled in another state or a foreign country that: (I) is engaged in public, charitable, educational, or religious services for a government agency or an organization that qualifies for tax-exempt status under Internal Revenue Code Section 501(c)(3); (II) is not compensated for services rendered other than expense reimbursements; and (III) is temporarily in Utah for a period not to exceed 24 months. (iii) Notwithstanding Subsections (1)(b) (i) and (ii), “resident” includes the owner of a vehicle equipped with an automated driving system as defined in Section 41-26-102.1 if the vehicle is physically present in the state for more than 30 consecutive days in a calendar year. 73-18-9 Exemptions from registration. Registration under this chapter is not required for any of the following: (1) a motorboat or sailboat that is already covered by a valid registration issued by its nonresident owner’s resident state and has not been within this state in excess of 60 days for the calendar year; (2) a motorboat or sailboat from a country other than the United States temporarily using the waters of this state; (3) a motorboat or sailboat whose owner is the United States, a state or subdivision thereof; (4) a ship’s lifeboat; or

©2020 Copyright – CONFIDENTIAL – 801.566.3802 – www.IndependentDealerSolutions.com PAGE 19 Rv/marine – DEALER LICENSE RESOURCE GUIDE – (5) a motorboat or sailboat belonging to a class of vessels which is exempted from registration by the board after the board finds: (a) that the registration of motorboats or sailboats of this class will not materially aid in their identification; and (b) that the United States Coast Guard has a numbering system applicable to the class of motorboats or sailboats to which the motorboat or sailboat in question belongs, and the motorboat or sailboat would also be exempt from numbering if it were subject to federal law.

HB 329 – Powersport & Auto Franchise Act – Not Heard

(Included adding Motorboats to Franchise Powersport Franchise Law)

HB 463 – Vehicle Boat & Trailer Registration – Killed Multi-year Registration

HB 255 – BOAT FEES AMENDMENTS Chief Sponsor: Steve Waldrip Senate Sponsor: David P. Hinkins Effective Date: July 1, 2020

This bill creates the aquatic invasive species mitigation fee, requiring resident and nonresident owners of certain vessels to pay a fee in order to operate a boat on waters in Utah; requires owners of certain vessels to complete an education course; requires the Division of Wildlife Resources to study the feasibility of a program for automated monitoring and record keeping of the decontamination or entry of vesselsinto the waters of this state; requires the Division of Wildlife Resources to report on the study and implement a pilot program; creates the Aquatic Invasive Species Interdiction Account; www.IndependentDealerSolutions.com – 801.566.3802 – ©2020 Copyright – CONFIDENTIAL PAGE 20 – DEALER LICENSE RESOURCE GUIDE – Rv/marine grants rulemaking authority to the Wildlife Board; requires a person to remove all plugs and similar devices and to drain water systems on a conveyance before transporting the conveyance on a highway in the state; permits the division to temporarily stop, detain, and inspect a conveyance that the division reasonably believes has not complied with the draining requirements and makes technical changes.

23-27-304. Aquatic invasive species fee. (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident aquatic invasive species fee of $20 on each vessel in order to launch or operate a vessel in waters of this state if: (i) the vessel is owned by a nonresident; and (ii) the vessel would otherwise be subject to registration requirements under Section 73-18-7 if the vessel were owned by a resident of this state. (2)Before launching a vessel on the waters of this state, a nonresident shall pay the aquatic invasive species fee as described in Subsection (1), and the vessel owner shall successfully complete an aquatic invasive species education course offered by the division.

HB 467 – Aquatic Invasive Species - Not Heard

SB 216 – RECREATIONAL VEHICLE TAX AMENDMENTS Chief Sponsor: Ralph Okerlund House Sponsor: Derrin R. Owens Effective Date: January 1, 2021

This bill authorizes counties to impose a tax on short- term rentals of off-highway vehicles and recreational vehicles;

allows sellers to retain a percentage (1.31%) of the tax collected on rentals of off-highway vehicles and recreational vehicles; defines terms and makes technical changes. Beginning on January 1, 2021, a county legislative body of any county may impose a tax of not to exceed 7% on all short-term rentals of off-highway vehicles and recreational vehicles; WELCOME TO THE

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Used Car Dealers of Utah UCDU Membership Application UCDU www.UtahDealers.com

MEMBER BENEFITS CODE of ETHICS • Legislative Representation ALL year • Members have a general duty of integrity, honor and fair dealing • Discount on Forms & Supplies at IDS toward the general public. Members shall comply with all city, county, state and federal laws • Discounted Continued Education • and shall endeavor to keep themselves informed of those laws • Discount on Plate & Registration Service governing their business. transactions at IDS • A member shall not intentionally injure the business reputation of • Bonds & Insurance Discounts another member or competitor. • Discounted Auto Parts • We will employ truth and accuracy in advertising and selling. • Members shall stand by an guarantee given with the sale of a • Insurance Services motor vehicle. Discounted Annual Meeting & Exposition • • Members shall not perform any act that would bring disrepute to • Membership in the NIADA the motor vehicle industry. • Discounts on Shipping • Members shall expose or halt where found, any scheme • Discounts at Hotels designed to deceive or defraud the automobile buying public and aid prosecuting those involved in such acts. • Discounted Ofﬁce Supplies • We shall constantly strive to encourage the American system of • Discounted Rental Cars free enterprise. • Availability of NIADA Retirement Program • Members shall adhere to and follow the established anti-trust

Business Name: ______Dealer #: ______Owner’s Name: ______Physical Address: ______City: ______St: ______Zip: ______Telephone: ( _____ ) ______Fax: ( ______) ______Dealership Email: ______Dealership Website: www.______Dealership Facebook Page: www.Facebook.com/______Dealership Twitter Handle: www.Twitter.com/______Association Contact Name: ______Association Contact Email: ______

Authorized Signature: ______Date: ______I certify that (I am or we are) eligible for membership in the UCDU. I agree upon signing of this application and if accepted as a member, I pledge to uphold the bylaws of the association, its code of ethics, and all Local, State, and Federal laws pertaining to the automobile industry.

State & Check Enclosed ☐ Credit Card ☐ Amount $ ______National Dues $325 Visa ☐ Mastercard ☐ Discover ☐ CC# ______Exp Date: ______Sign up Fee $40 Name on Card: ______Total $365 Authorized Signature: ______

It is important to me to be recognized as a professional! Enclosed are my annual dues to make sure that my business has all the advantages UCDU/NIADA provides to put me at the forefront of my profession. By completing this application and until I give written notice to discontinue, I am consenting to and giving UCDU/NIADA, its afﬁliates and subsidiaries, my permission to contact me and provide information to me at the mailing and email addresses, telephone, and fax number(s) I have provided.