Laws, laws, laws and more laws........

 

SALT LAKE CITY (ABC4) — About a dozen new laws will go into effect in Utah as we cross into the new year, including a new consumer privacy act, property tax changes, and crime victim protections.

Below are the most prominent bills, and at the bottom of this post is a list of additional laws.

Consumer Privacy Act (SB 227)

Sponsored by Sen. Kirk Cullimore and Rep. Brady Brammer

This new law will give consumers more rights over their personal information collected by companies. Utah will join California, Colorado, Connecticut, and Virginia this year in enacting privacy protections. Utah’s bill specifically addresses information such as biometric data, children’s data, pseudonymous data (or data that can’t be specifically attached to a certain person), public information, geolocation data, credit reporting, and targeted advertising, among others. Businesses will have 45 days to react to requests made and may have the right to extend that 45-day period in some cases.

Bottom of Form

Under this act, consumers will have the right to:

• Access and delete certain personal data maintained by certain businesses.
• Opt out of the collection of personal data for certain purposes.

Businesses will be required to:

• Provide safeguards for personal data.
• Provide clear information to consumers on how their data is being used.
• Accept and comply with a consumer’s requests to delete or stop selling consumer data.

The bill allows the Division of Consumer Protection and the Utah Attorney General’s Office to investigate and enforce the new law. The law will apply to businesses that have annual revenues of $25 million or more and meets one or more of the following thresholds:

• Controls or processes the personal data of 100,000 or more people.
• Derives over 50% of their gross revenue from the sale of personal data when they control or process the data of 25,000 or more consumers.

Certain government agencies, higher education systems, nonprofits, and other entities are exempt from the rules.

Victim Address Confidentiality Program (HB 117)

Sponsored by Rep. Stephanie Pitcher and Sen. Todd Weiler

This bill creates a program to help obscure publicly available addresses for the victims of certain crimes. The Address Confidentiality Program would help victims of abuse, child abuse, domestic violence, stalking, sexual offenses, and human trafficking. It would also apply to incapacitated individuals.

Under the program, a victim’s mail could be sent to a government address, and then have that mail forwarded to the victim to help protect their anonymity. There would be no cost to the victim to participate. Victims could remain in the program for four years.

Modifications to Driver’s License Exams (SB 206)

Sponsored by Sen. Luz Escamilla and Rep. Robert Spendlove

This new law provides drivers with limited English skills the opportunity to take their driver’s license exam in some other languages. This change also extends to Class D license holders looking to apply for or renew their license. The bill states that Utah will provide exams in the top five most commonly spoken languages in the state other than English, which as currently include Spanish, Chinese, German, Austronesian and Portuguese.

Vehicle Registration Amendments (HB 186)

Sponsored by Rep. Raymond Ward and Sen. Wayne Harper

These amendments change the registration fees for certain vehicles (mostly electric and hybrid vehicles) and modify the eligibility of the Road Usage Charge Program.

Parent Access to School Data Comparison (HB 270)

Sponsored by Rep. Karen Peterson and Sen. Ann Millner

This bill requires the State Board of Education to provide a searchable school comparison tool online so that parents can compare the performance of public schools.

Mobile Workforce Income Tax Amendments (SB 39)

This bill exempts certain nonresident workers from Utah income tax if they work in the state for 20 or fewer days. The bill does not apply to:

• Professional entertainers who work on a per-event basis.
• Professional athletes or members of a professional athletic team.
• Workers who perform construction services to improve real estate or who work as laborers on construction sites.
• “Key employees” who worked for a company for the previous year, including officers and one of the 50 highest-paid workers for a company.

Other bills going into effect on Jan. 1, 2023 include

• Vital Records Special Characters (HB 310) — Allows names with diacritical marks in them, such as accents, tildes, graves, umlauts, and cedillas to include those characters in vital records.
• Affordable Housing Tax Amendments (SB 81) — Changes and adds tax assessment requirements for low-income rental properties.
• Pollution Control Equipment Tax Amendments (SB 174) — Provides a schedule for valuing county-assessed pollution control equipment that is used in connection with a petroleum refinery.
• Tangible Personal Property Tax Amendments (HB 199) — Modifies the signed statement requirements for claiming a property tax exemption for certain tangible personal property.
• Property Tax Exemption Amendments (HB 347) — Changes the definition of “nonprofit” for property tax amendments, requires certain property owners to appear before the county Board of Equalization when applying for exemptions or reductions, and provides conditions for late submissions for certain tax-exempt properties.
• Ballot Measure Amendments (HB 218) — Establishes processes for electronic collection of signatures for statewide referenda and petitions, limits eligible signatures on petitions to registered voters and provides security for those signatures collected electronically.