1     
VEHICLE TRACKING AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen M. Peterson

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill prohibits an employer from using location tracking technology on an employer
10     provided vehicle in certain circumstances when the vehicle is used for the employee's
11     personal use.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     allows a private employer to use location tracking technology on a company vehicle
16     in certain circumstances;
17          ▸     prohibits a private employer from using location tracking technology for a company
18     vehicle 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
20     provides requirements for a vehicle user agreement.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          41-27-101, Utah Code Annotated 1953

28          41-27-102, Utah Code Annotated 1953
29     

30     Be 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
37     employee.
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
40     location 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
47     vehicle to an employee, the private employer may use location tracking technology to track the
48     location of the company vehicle.
49          (2) Notwithstanding Subsection (1), a private employer may not use location tracking
50     technology to track the location of the company vehicle if the vehicle is being used for personal
51     use.
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
56     for personal use of the company vehicle; and
57          (iii) procedures for deactivating the location tracking technology during personal use of
58     the company vehicle.