Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 281 First Substitute (2023GS)

Sponsor

Rep. Acton, C.K.

Final action

House/ to Governor 3/13/2023

Outcome

House/ to Governor

Summary

What it does

• This bill:
• defines terms;
• requires the Division of Consumer Protection to establish a system that allows a consumer to report a financial institution's or company's use or creation of a social credit score;
• prohibits a governmental entity from using, enforcing, providing data for use in, or otherwise participating in the creation or use of a system that, based on a social credit score, discriminates against, advocates for, or causes adverse or preferential treatment of a person;
• provides rulemaking authority; and
• creates reporting requirements.

Every vote on this bill

Bill text

SOCIAL CREDIT SCORE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill addresses social credit scores.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Division of Consumer Protection to establish a system that allows a
consumer to report a financial institution's or company's use or creation of a social
credit score;
▸ prohibits a governmental entity from using, enforcing, providing data for use in, or
otherwise participating in the creation or use of a system that, based on a social
credit score, discriminates against, advocates for, or causes adverse or preferential
treatment of a person;
▸ provides rulemaking authority; and
▸ creates reporting requirements.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
13-2-10
, Utah Code Annotated 1953
63G-28-101
, Utah Code Annotated 1953
63G-28-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-2-10
 is enacted to read:
 13-2-10.
Social credit score reporting system -- Rulemaking.
(1) As used in this section:
(a) "Division" means the Division of Consumer Protection.
(b) "Financial institution" means the same as that term is defined in Section 
7-1-103
.
(c) "Social credit score" means the same as that term is defined in Section 
63G-28-101
.
(2) The division shall:
(a) establish and operate a system to receive consumer reports regarding a financial
institution's or company's use or creation of a social credit score; and
(b) before November 1 of each year, submit a written report to the Business and Labor
Interim Committee that summarizes the reports received during the immediately preceding
year.
(3) The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish and operate the system described in Subsection
(2).
Section 2. Section 
63G-28-101
 is enacted to read:
CHAPTER 28. SOCIAL CREDIT SCORE PROHIBITION ACT
Part 1. General Provisions
 63G-28-101.
Definitions.
(1) (a) "Governmental entity" means:
(i) the state;
(ii) a county, city, town, metro township, school district, local district, special service
district, or other political subdivision of the state; or
(iii) an independent entity.
(b) "Governmental entity" includes an agency, bureau, office, department, division,
board, commission, institution, laboratory, or other instrumentality of an entity described in
Subsection (1)(a).
(2) "Independent entity" means the same as that term is defined in Section 
63E-1-102
.
(3) "Members of a person's social network" means the people a person authorizes to be
part of the person's social media communications and network.
(4) (a) "Social credit score" means a numeric, alphanumeric, or alphabetic value or
other categorization assigned to a person based on:
(i) the person's:
(A) compliance or noncompliance with government guidance;
(B) social media post;
(C) participation or membership in a lawful club, association, or union;
(D) political affiliation; or
(E) employment industry or employer;
(ii) the identity of the members of the person's social network; or
(iii) other values-based or impact criteria similar to the criteria described in this
Subsection (4)(a).
(b) "Social credit score" does not include:
(i) a consumer report as defined in 15 U.S.C. Sec. 1681a; or
(ii) a numeric, alphanumeric, or alphabetic value or other categorization assigned to a
person for purposes of:
(A) education, training, or job performance assessment;
(B) a contest or competition; or
(C) hiring a prospective employee or independent contractor.
Section 3. Section 
63G-28-201
 is enacted to read:
Part 2. Prohibitions
 63G-28-201.
Social credit score prohibition.
A governmental entity may not use, enforce, provide data for use in, or otherwise
participate in the creation or use of a system that, based on a social credit score, discriminates
against, advocates for, or causes adverse or preferential treatment of a person.