H.B. 445 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: K.P. Gasser 6 6 02-10-23 1:46 PM 6 H.B. 445 1 VEHICLE TRACKING AMENDMENTS 2 2023 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Karen M. Peterson 5 Senate Sponsor: ____________ 6 7LONG TITLE 8General Description: 9 This bill prohibits an employer from using location tracking technology on an employer 10provided vehicle in certain circumstances when the vehicle is used for the employee's 11personal use. 12Highlighted Provisions: 13 This bill: 14 <defines terms; 15 <allows a private employer to use location tracking technology on a company vehicle 16in certain circumstances; 17 <prohibits a private employer from using location tracking technology for a company 18vehicle if the company vehicle is being used for personal use; and 19 <allows an employer and employee to enter into a vehicle use agreement, and 20provides requirements for a vehicle user agreement. 21Money Appropriated in this Bill: 22 None 23Other Special Clauses: 24 None 25Utah Code Sections Affected: 26ENACTS: 27 41-27-101, Utah Code Annotated 1953 *HB0445* H.B. 445 02-10-23 1:46 PM - 2 - 28 41-27-102, Utah Code Annotated 1953 29 30Be it enacted by the Legislature of the state of Utah: 31 Section 1. Section 41-27-101 is enacted to read: 32 CHAPTER 27. VEHICLE LOCATION PRIVACY 33 Part 1. Vehicle Location Privacy 34 41-27-101. Definitions. 35 As used in this chapter: 36 (1) "Company vehicle" means a vehicle provided by a private employer for use by an 37employee. 38 (2) "Employee" means the same as that term is defined in Section 13-47-102. 39 (3) (a) "Location tracking technology" means technology capable of tracking the 40location of a vehicle. 41 (b) "Location tracking technology" includes global positioning system technology. 42 (4) "Private employer" means the same as that term is defined in Section 13-47-102. 43 (5) "Vehicle" means the same as that term is defined in Section 41-1a-102. 44 Section 2. Section 41-27-102 is enacted to read: 45 41-27-102. Prohibition on location tracking. 46 (1) Except as provided in Subsection (2), if a private employer provides a company 47vehicle to an employee, the private employer may use location tracking technology to track the 48location of the company vehicle. 49 (2) Notwithstanding Subsection (1), a private employer may not use location tracking 50technology to track the location of the company vehicle if the vehicle is being used for personal 51use. 52 (3) (a) A private employer and an employee may enter into a vehicle use agreement. 53 (b) A vehicle use agreement shall provide: 54 (i) terms regarding the personal use of a company vehicle; 55 (ii) what compensation, if any, the private employer may require the employee to pay 56for personal use of the company vehicle; and 57 (iii) procedures for deactivating the location tracking technology during personal use of 58the company vehicle.