Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 373 (2025GS)

Sponsor

Rep. Thompson, Jason E.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• authorizes a daycare provider to affiliate with a service marketplace platform;
• establishes a presumption that a daycare provider affiliating with a service marketplace platform is an independent contractor; and
• makes technical changes.

Every vote on this bill

Bill text

6
34-53-102
34-53-201
34-53-202
8
Service Marketplace Platforms Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason E. Thompson
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill amends provisions relating to service marketplace platforms.
Highlighted Provisions:
This bill:
defines terms;
authorizes a daycare provider to affiliate with a service marketplace platform;
establishes a presumption that a daycare provider affiliating with a service marketplace 
platform is an independent contractor; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-53-102
, as enacted by Laws of Utah 2018, Chapter 386
34-53-201
, as enacted by Laws of Utah 2018, Chapter 386
ENACTS:
34-53-202
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
34-53-102
 is amended to read:
34-53-102
. Definitions.
As used in this chapter:
(1)
"Building service" means any of the following services, if the charge for the service is 
$3,000 or less:
(a)
cleaning or janitorial;
(b)
furniture delivery, assembly, moving, or installation;
(c)
landscaping;
(d)
home repair; or
(e)
any service similar to the services described in Subsections 
(1)(a)
 through 
(d)
.
(2)
"Building service contractor" means a person who enters into an agreement with a 
service marketplace platform to use the service marketplace platform's software platform 
to connect with and receive requests from customers seeking a building service.
(3)
"Daycare provider" means an individual who enters into an agreement with a service 
marketplace platform to use the service marketplace platform's software platform to 
connect with and receive requests from customers seeking daycare service.
(4)
"Daycare service" means a paid service provided by an individual:
(a)
for the supervision and care of one or more children; and
(b)
during a period of time where the parent or guardian of the child is not present.
(3)
(5)
"Service marketplace platform" means an entity that:
(a)
uses an Internet-connected software platform, including a mobile application:
(i)
to connect building service contractors with customers seeking a building service; 
and
(ii)
through which a customer may request a building service; and
(b)
charges the building service contractor a fee to use the software platform.
Section 2, Section 
34-53-201
 is amended to read:
34-53-201
. Independent contractor presumption -- Building service contractor.
(1)
A building service contractor may affiliate with a service marketplace platform as an 
independent contractor or as an employee.
(2)
(a)
There is a presumption that a building service contractor who affiliates with a 
service marketplace platform is an independent contractor
 of the service marketplace 
platform
, unless there is clear and convincing evidence that the parties intended the 
building service contractor to be an employee.
(b)
The presumption described in Subsection 
(2)(a)
 extends to each act the building 
service contractor performs in connection with a request for a building service placed 
through the service marketplace platform.
Section 3, Section 
34-53-202
 is enacted to read:
34-53-202
. Independent contractor presumption -- Daycare provider.
(1)
A daycare provider may affiliate with a service marketplace platform as an independent 
contractor or as an employee.
(2)
(a)
There is a presumption that a daycare provider who affiliates with a service 
marketplace platform is an independent contractor of the service marketplace 
platform, unless there is clear and convincing evidence that the parties intended the 
daycare provider to be an employee.
(b)
The presumption described in Subsection (2)(a) extends to each act the daycare 
provider performs in connection with a service request placed through the service 
marketplace platform.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 10:17 PM