Utah 2023 2023 Regular Session

Utah House Bill HB0445 Introduced / Bill

Filed 02/10/2023

                    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.