1st Sub. H.B. 445
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: K.P. Gasser 6
6 02-14-23 10:44 AM 6
H.B. 445
1st Sub. (Buff)
Representative Karen M. Peterson proposes the following substitute bill:
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 requires a private employer and an employee to enter into a vehicle use
10agreement in certain circumstances when a company vehicle is used for personal use.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <allows a private employer to use location tracking technology on a company vehicle
15in certain circumstances;
16 <requires an employer and employee to enter into a vehicle use agreement if the
17employer requires the employee to pay the employer for personal use of the
18company vehicle; and
19 <provides requirements for a vehicle user agreement.
20Money Appropriated in this Bill:
21 None
22Other Special Clauses:
23 None
24Utah Code Sections Affected:
25ENACTS:
*HB0445S01* 1st Sub. (Buff) H.B. 445 02-14-23 10:44 AM
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26 41-27-101, Utah Code Annotated 1953
27 41-27-102, Utah Code Annotated 1953
28
29Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-27-101 is enacted to read:
31 CHAPTER 27. VEHICLE LOCATION PRIVACY
32 Part 1. Vehicle Location Privacy
33 41-27-101. Definitions.
34 As used in this chapter:
35 (1) "Company vehicle" means a vehicle provided by a private employer for use by an
36employee.
37 (2) "Employee" means the same as that term is defined in Section 13-47-102.
38 (3) (a) "Location tracking technology" means technology capable of tracking the
39location of a vehicle.
40 (b) "Location tracking technology" includes global positioning system technology.
41 (4) "Private employer" means the same as that term is defined in Section 13-47-102.
42 (5) "Vehicle" means the same as that term is defined in Section 41-1a-102.
43 Section 2. Section 41-27-102 is enacted to read:
44 41-27-102. Prohibition on location tracking.
45 (1) Subject to Subsection (2), if a private employer provides a company vehicle to an
46employee, the private employer may use location tracking technology to track the location of
47the company vehicle.
48 (2) (a) If a private employer requires an employee to pay or reimburse the private
49employer for the employee's personal use of the company vehicle, the private employer and the
50employee shall enter into a vehicle use agreement.
51 (b) A vehicle use agreement required in Subsection (2)(a) shall provide:
52 (i) terms regarding the personal use of a company vehicle;
53 (ii) what compensation the private employer may require the employee to pay for
54personal use of the company vehicle; and
55 (iii) measures, if any, for deactivating the location tracking technology during personal
56use of the company vehicle.