UT
Utah House Bill HB0445

Utah 2023 Regular Session

Utah House Bill HB0445 Compare Versions

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1-1st Sub. H.B. 445
1+H.B. 445
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: K.P. Gasser 6
4-6 02-14-23 10:44 AM 6
4+6 02-10-23 1:46 PM 6
55 H.B. 445
6-1st Sub. (Buff)
7-Representative Karen M. Peterson proposes the following substitute bill:
86 1 VEHICLE TRACKING AMENDMENTS
97 2 2023 GENERAL SESSION
108 3 STATE OF UTAH
119 4 Chief Sponsor: Karen M. Peterson
1210 5 Senate Sponsor: ____________
1311 6
1412 7LONG TITLE
1513 8General Description:
16-9 This bill requires a private employer and an employee to enter into a vehicle use
17-10agreement in certain circumstances when a company vehicle is used for personal use.
18-11Highlighted Provisions:
19-12 This bill:
20-13 <defines terms;
21-14 <allows a private employer to use location tracking technology on a company vehicle
22-15in certain circumstances;
23-16 <requires an employer and employee to enter into a vehicle use agreement if the
24-17employer requires the employee to pay the employer for personal use of the
25-18company vehicle; and
26-19 <provides requirements for a vehicle user agreement.
27-20Money Appropriated in this Bill:
28-21 None
29-22Other Special Clauses:
30-23 None
31-24Utah Code Sections Affected:
32-25ENACTS:
33-*HB0445S01* 1st Sub. (Buff) H.B. 445 02-14-23 10:44 AM
14+9 This bill prohibits an employer from using location tracking technology on an employer
15+10provided vehicle in certain circumstances when the vehicle is used for the employee's
16+11personal use.
17+12Highlighted Provisions:
18+13 This bill:
19+14 <defines terms;
20+15 <allows a private employer to use location tracking technology on a company vehicle
21+16in certain circumstances;
22+17 <prohibits a private employer from using location tracking technology for a company
23+18vehicle if the company vehicle is being used for personal use; and
24+19 <allows an employer and employee to enter into a vehicle use agreement, and
25+20provides requirements for a vehicle user agreement.
26+21Money Appropriated in this Bill:
27+22 None
28+23Other Special Clauses:
29+24 None
30+25Utah Code Sections Affected:
31+26ENACTS:
32+27 41-27-101, Utah Code Annotated 1953
33+*HB0445* H.B. 445 02-10-23 1:46 PM
3434 - 2 -
35-26 41-27-101, Utah Code Annotated 1953
36-27 41-27-102, Utah Code Annotated 1953
37-28
38-29Be it enacted by the Legislature of the state of Utah:
39-30 Section 1. Section 41-27-101 is enacted to read:
40-31 CHAPTER 27. VEHICLE LOCATION PRIVACY
41-32 Part 1. Vehicle Location Privacy
42-33 41-27-101. Definitions.
43-34 As used in this chapter:
44-35 (1) "Company vehicle" means a vehicle provided by a private employer for use by an
45-36employee.
46-37 (2) "Employee" means the same as that term is defined in Section 13-47-102.
47-38 (3) (a) "Location tracking technology" means technology capable of tracking the
48-39location of a vehicle.
49-40 (b) "Location tracking technology" includes global positioning system technology.
50-41 (4) "Private employer" means the same as that term is defined in Section 13-47-102.
51-42 (5) "Vehicle" means the same as that term is defined in Section 41-1a-102.
52-43 Section 2. Section 41-27-102 is enacted to read:
53-44 41-27-102. Prohibition on location tracking.
54-45 (1) Subject to Subsection (2), if a private employer provides a company vehicle to an
55-46employee, the private employer may use location tracking technology to track the location of
56-47the company vehicle.
57-48 (2) (a) If a private employer requires an employee to pay or reimburse the private
58-49employer for the employee's personal use of the company vehicle, the private employer and the
59-50employee shall enter into a vehicle use agreement.
60-51 (b) A vehicle use agreement required in Subsection (2)(a) shall provide:
61-52 (i) terms regarding the personal use of a company vehicle;
62-53 (ii) what compensation the private employer may require the employee to pay for
63-54personal use of the company vehicle; and
64-55 (iii) measures, if any, for deactivating the location tracking technology during personal
65-56use of the company vehicle.
35+28 41-27-102, Utah Code Annotated 1953
36+29
37+30Be it enacted by the Legislature of the state of Utah:
38+31 Section 1. Section 41-27-101 is enacted to read:
39+32 CHAPTER 27. VEHICLE LOCATION PRIVACY
40+33 Part 1. Vehicle Location Privacy
41+34 41-27-101. Definitions.
42+35 As used in this chapter:
43+36 (1) "Company vehicle" means a vehicle provided by a private employer for use by an
44+37employee.
45+38 (2) "Employee" means the same as that term is defined in Section 13-47-102.
46+39 (3) (a) "Location tracking technology" means technology capable of tracking the
47+40location of a vehicle.
48+41 (b) "Location tracking technology" includes global positioning system technology.
49+42 (4) "Private employer" means the same as that term is defined in Section 13-47-102.
50+43 (5) "Vehicle" means the same as that term is defined in Section 41-1a-102.
51+44 Section 2. Section 41-27-102 is enacted to read:
52+45 41-27-102. Prohibition on location tracking.
53+46 (1) Except as provided in Subsection (2), if a private employer provides a company
54+47vehicle to an employee, the private employer may use location tracking technology to track the
55+48location of the company vehicle.
56+49 (2) Notwithstanding Subsection (1), a private employer may not use location tracking
57+50technology to track the location of the company vehicle if the vehicle is being used for personal
58+51use.
59+52 (3) (a) A private employer and an employee may enter into a vehicle use agreement.
60+53 (b) A vehicle use agreement shall provide:
61+54 (i) terms regarding the personal use of a company vehicle;
62+55 (ii) what compensation, if any, the private employer may require the employee to pay
63+56for personal use of the company vehicle; and
64+57 (iii) procedures for deactivating the location tracking technology during personal use of
65+58the company vehicle.