SB 149

     Enrolled Copy  S.B. 149
1Licensing Modifications
                                     2026 GENERAL SESSION
                                           STATE OF UTAH
                                    Chief Sponsor: Todd Weiler
                                    House Sponsor: Tyler Clancy
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions relating to licensing.
6  Highlighted Provisions:
7      This bill:
8      ▸ repeals Title 53, Chapter 9, Private Investigator Regulation Act;
9      ▸ repeals Title 53, Chapter 11, Bail Bond Recovery Act;
10      ▸ enacts Title 58, Chapter 92, Private Investigation Licensing Act, and Title 58, Chapter 93,
11  Bail Bond Licensing Act;
12      ▸ defines terms;
13      ▸ provides that the Division of Professional Licensing (division) administers Title 58,
14  Chapter 92, Private Investigation Licensing Act, and Title 58, Chapter 93, Bail Bond
15  Licensing Act;
16      ▸ adds members to the Security Services Licensing Board;
17      ▸ provides license classifications and qualifications for licensure for a private investigator
18  agent, a private investigator apprentice, and a private investigator registrant;
19      ▸ provides the requirements for a private investigation agency;
20      ▸ provides general qualifications for licensure under Title 58, Chapter 92, Private
21  Investigation Licensing Act;
22      ▸ provides the licensing requirements for a private investigator apprentice, a private
23  investigator registrant, and a private investigator agent;
24      ▸ enacts requirements related to evidence of licensure under Title 58, Chapter 92, Private
25  Investigation Licensing Act, and Title 58, Chapter 93, Bail Bond Licensing Act;
26      ▸ provides that the division may establish operating standards for Title 58, Chapter 92,
27  Private Investigation Licensing Act;
     S.B. 149  Enrolled Copy
28▸ provides that the division may establish grounds for the denial of a license and
29   disciplinary proceedings;
30▸ provides requirements for a private investigator agent establishing a private investigation
31   agency;
32▸ provides what constitutes unlawful conduct and unprofessional conduct under Title 58,
33   Chapter 92, Private Investigation Licensing Act, and Title 58, Chapter 93, Bail Bond
34   Licensing Act;
35▸ provides for penalties under Title 58, Chapter 92, Private Investigation Licensing Act,
36   and Title 58, Chapter 93, Bail Bond Licensing Act;
37▸ provides that the division may use money collected under Title 58, Chapter 93, Bail Bond
38   Licensing Act, for certain purposes;
39▸ provides that the division may appoint certain individuals to the Security Services
40   Licensing Board;
41▸ provides license classifications and qualifications for licensure for a bail bond agency, a
42   bail enforcement agent, a bail recovery agent, and a bail recovery apprentice;
43▸ provides general qualifications for licensure under Title 58, Chapter 93, Bail Bond
44   Licensing Act;
45▸ provides experience requirements for a bail bond agent and a bail recovery agent;
46▸ authorizes the division to adopt rules to exempt an applicant from certain training
47   requirements this bill enacts;
48▸ provides requirements for a bail bond enforcement agent or bail bond recovery agent to
49   maintain identification cards;
50▸ provides badge and clothing requirements for a licensee under Title 58, Chapter 93, Bail
51   Bond Licensing Act;
52▸ provides requirements for a bail enforcement agent, bail recovery agent, or bail recovery
53   apprentice when interacting with law enforcement or engaging in a search or
54   apprehension;
55▸ provides that the provisions this bill enacts supersede a contrary legislation, code, or
56   ordinance enacted by a political subdivision of this state;
57▸ amends provisions relating to a private investigator agent, a private investigator
58   registrant, or a private investigator apprentice serving process; and
59▸ makes technical changes.
60   Money Appropriated in this Bill:
61None
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62  Other Special Clauses:
63      This bill provides a special effective date.
64  Utah Code Sections Affected:
65  AMENDS:
66      31A-35-102 (Effective 09/01/26), as last amended by Laws of Utah 2016, Chapter 234
67      31A-35-601 (Effective 09/01/26), as last amended by Laws of Utah 2016, Chapter 234
68      53-1-104 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 208
69      53-10-202.5 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 208
70      58-1-301.5 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 236
71      58-63-103 (Effective 09/01/26), as last amended by Laws of Utah 2011, Chapters 303,
72      342
73      58-63-201 (Effective 09/01/26), as last amended by Laws of Utah 2013, Chapter 436
74      63I-1-253 (Effective 09/01/26), as last amended by Laws of Utah 2025, First Special
75      Session, Chapter 9
76      76-5-106.5 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapters 173,
77      238
78      76-12-305 (Effective 09/01/26), as renumbered and amended by Laws of Utah 2025,
79      Chapter 173
80      77-20-503 (Effective 09/01/26), as renumbered and amended by Laws of Utah 2021,
81      Second Special Session, Chapter 4
82      78B-6-812 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 275
83      78B-8-302 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 291
84      78B-8-303 (Effective 09/01/26), as renumbered and amended by Laws of Utah 2008,
85      Chapter 3
86  ENACTS:
87      58-92-101 (Effective 09/01/26), Utah Code Annotated 1953
88      58-92-301 (Effective 09/01/26), Utah Code Annotated 1953
89      58-92-302 (Effective 09/01/26), Utah Code Annotated 1953
90      58-92-303 (Effective 09/01/26), Utah Code Annotated 1953
91      58-92-304 (Effective 09/01/26), Utah Code Annotated 1953
92      58-92-305 (Effective 09/01/26), Utah Code Annotated 1953
93      58-92-306 (Effective 09/01/26), Utah Code Annotated 1953
94      58-92-307 (Effective 09/01/26), Utah Code Annotated 1953
95      58-92-308 (Effective 09/01/26), Utah Code Annotated 1953
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9658-92-309 (Effective 09/01/26), Utah Code Annotated 1953
9758-92-310 (Effective 09/01/26), Utah Code Annotated 1953
9858-92-311 (Effective 09/01/26), Utah Code Annotated 1953
9958-92-312 (Effective 09/01/26), Utah Code Annotated 1953
10058-92-313 (Effective 09/01/26), Utah Code Annotated 1953
10158-92-314 (Effective 09/01/26), Utah Code Annotated 1953
10258-92-401 (Effective 09/01/26), Utah Code Annotated 1953
10358-92-501 (Effective 09/01/26), Utah Code Annotated 1953
10458-92-502 (Effective 09/01/26), Utah Code Annotated 1953
10558-92-503 (Effective 09/01/26), Utah Code Annotated 1953
10658-92-601 (Effective 09/01/26), Utah Code Annotated 1953
10758-93-101 (Effective 09/01/26), Utah Code Annotated 1953
10858-93-102 (Effective 09/01/26), Utah Code Annotated 1953
10958-93-201 (Effective 09/01/26), Utah Code Annotated 1953
11058-93-301 (Effective 09/01/26), Utah Code Annotated 1953
11158-93-302 (Effective 09/01/26), Utah Code Annotated 1953
11258-93-303 (Effective 09/01/26), Utah Code Annotated 1953
11358-93-304 (Effective 09/01/26), Utah Code Annotated 1953
11458-93-305 (Effective 09/01/26), Utah Code Annotated 1953
11558-93-306 (Effective 09/01/26), Utah Code Annotated 1953
11658-93-307 (Effective 09/01/26), Utah Code Annotated 1953
11758-93-308 (Effective 09/01/26), Utah Code Annotated 1953
11858-93-309 (Effective 09/01/26), Utah Code Annotated 1953
11958-93-310 (Effective 09/01/26), Utah Code Annotated 1953
12058-93-311 (Effective 09/01/26), Utah Code Annotated 1953
12158-93-312 (Effective 09/01/26), Utah Code Annotated 1953
12258-93-401 (Effective 09/01/26), Utah Code Annotated 1953
12358-93-501 (Effective 09/01/26), Utah Code Annotated 1953
12458-93-502 (Effective 09/01/26), Utah Code Annotated 1953
12558-93-503 (Effective 09/01/26), Utah Code Annotated 1953
12658-93-504 (Effective 09/01/26), Utah Code Annotated 1953
12758-93-505 (Effective 09/01/26), Utah Code Annotated 1953
12858-93-601 (Effective 09/01/26), Utah Code Annotated 1953
129   RENUMBERS AND AMENDS:
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130      58-92-201 (Effective 09/01/26), (Renumbered from 53-9-103, as last amended by
131      Laws of Utah 2014, Chapter 378)
132  REPEALS:
133      53-9-101 (Effective 09/01/26), as enacted by Laws of Utah 1995, Chapter 314
134      53-9-102 (Effective 09/01/26), as last amended by Laws of Utah 2025, First Special
135      Session, Chapter 9
136      53-9-107 (Effective 09/01/26), as last amended by Laws of Utah 2021, Chapter 211
137      53-9-108 (Effective 09/01/26), as last amended by Laws of Utah 2024, Chapter 194
138      53-9-109 (Effective 09/01/26), as last amended by Laws of Utah 2011, Chapter 432
139      53-9-110 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 359
140      53-9-111 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 359
141      53-9-112 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapters 302, 359
142      53-9-113 (Effective 09/01/26), as last amended by Laws of Utah 2011, Chapter 432
143      53-9-115 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 359
144      53-9-116 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 302
145      53-9-117 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 359
146      53-9-118 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 359
147      53-9-119 (Effective 09/01/26), as last amended by Laws of Utah 1998, Chapter 212
148      53-9-121 (Effective 09/01/26), as enacted by Laws of Utah 2013, First Special Session,
149      Chapters 3, 3
150      53-9-122 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 438
151      53-11-101 (Effective 09/01/26), as enacted by Laws of Utah 1998, Chapter 257
152      53-11-102 (Effective 09/01/26), as last amended by Laws of Utah 2024, Chapter 506
153      53-11-103 (Effective 09/01/26), as last amended by Laws of Utah 2008, Chapter 382
154      53-11-104 (Effective 09/01/26) (Repealed 07/01/29), as last amended by Laws of Utah
155      2025, Chapter 359
156      53-11-105 (Effective 09/01/26), as last amended by Laws of Utah 2024, Chapter 506
157      53-11-106 (Effective 09/01/26), as last amended by Laws of Utah 2024, Chapter 506
158      53-11-107 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 302
159      53-11-108 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapters 208,
160      302
161      53-11-109 (Effective 09/01/26), as enacted by Laws of Utah 1998, Chapter 257
162      53-11-110 (Effective 09/01/26), as last amended by Laws of Utah 2015, Chapter 170
163      53-11-111 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 302
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16453-11-112 (Effective 09/01/26), as last amended by Laws of Utah 2014, Chapter 155
16553-11-113 (Effective 09/01/26), as last amended by Laws of Utah 2015, Chapter 170
16653-11-114 (Effective 09/01/26), as enacted by Laws of Utah 1998, Chapter 257
16753-11-115 (Effective 09/01/26), as last amended by Laws of Utah 2018, Chapter 417
16853-11-116 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 302
16953-11-116.5 (Effective 09/01/26), as enacted by Laws of Utah 1999, Chapter 266
17053-11-117 (Effective 09/01/26), as enacted by Laws of Utah 1998, Chapter 257
17153-11-118 (Effective 09/01/26), as last amended by Laws of Utah 2008, Chapter 382
17253-11-119 (Effective 09/01/26), as last amended by Laws of Utah 2008, Chapter 382
17353-11-120 (Effective 09/01/26), as enacted by Laws of Utah 1998, Chapter 257
17453-11-121 (Effective 09/01/26), as last amended by Laws of Utah 2013, Chapter 396
17553-11-122 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 302
17653-11-123 (Effective 09/01/26), as last amended by Laws of Utah 2025, Chapter 302
17753-11-124 (Effective 09/01/26), as enacted by Laws of Utah 1998, Chapter 257
178
179   Be it enacted by the Legislature of the state of Utah:
180Section 1. Section 31A-35-102 is amended to read:
18131A-35-102 (Effective 09/01/26). Definitions.
182      As used in this chapter:
183   (1) "Bail bond" means a bail bond insurance product for a specified monetary amount that
184is:
185(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401;
186and
187(b) issued to a court, magistrate, or authorized officer to secure:
188(i) the release of a person from incarceration; and
189(ii) the appearance of the released person at court hearings the person is required to
190attend.
191   (2) "Bail bond agency" means any sole proprietor or entity that:
192(a) is licensed under Subsection 31A-35-404(1) or (2);
193(b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial
194proceedings;
195(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail
196bond in connection with judicial proceedings; or
197(iii) pledges personal or real property, or both, as security for a bail bond in
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198connection with judicial proceedings; and
199      (c) receives or is promised money or other things of value for a service described in
200Subsection (2)(b).
201  (3) "Bail bond producer" means an individual who:
202      (a) is appointed by:
203(i) a surety insurer that sells bail bonds; or
204(ii) a bail bond agency licensed under this chapter;
205      (b) is appointed to execute or countersign undertakings of bail in connection with
206judicial proceedings; and
207      (c) receives or is promised money or other things of value for engaging in an act
208described in Subsection (3)(b).
209  (4) "Bail enforcement agent" means the same as that term is defined in Section [53-11-102]
210      58-93-101.
211  (5) "Board" means the Bail Bond Oversight Board created in Section 31A-35-201.
212  (6) "Certificate" means a certificate of authority issued under this chapter to allow an
213      insurer to operate as a surety insurer.
214  (7) "Indemnitor" means an entity or natural person that enters into an agreement with a bail
215      bond agency to hold the bail bond agency harmless from loss incurred as a result of
216      executing a bail bond.
217  (8) "Liquid assets" means financial holdings that can be converted into cash in a timely
218      manner without the loss of principal.
219  (9) "Premium" means the specified monetary amount used to purchase a bail bond.
220  (10) "Principal" means a person that:
221      (a) guarantees the performance of a bail bond; or
222      (b) owns not less than 10% of the bail bond agency.
223  (11) "Surety insurer" means an insurer that:
224      (a) is licensed under Chapter 4, Insurers in General, Chapter 5, Domestic Stock and
225Mutual Insurance Corporations, or Chapter 14, Foreign Insurers;
226      (b) receives a certificate under this title; and
227      (c) sells bail bonds in connection with judicial proceedings.
228  (12) "Utah depository institution" means a depository institution, as defined in Section
229      7-1-103, that:
230      (a) has Utah as [its] the depository institution's home state; or
231      (b) operates a branch in Utah.
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232Section 2. Section 31A-35-601 is amended to read:
23331A-35-601 (Effective 09/01/26). Acts of producer or agent.
234   (1) The acts or conduct of any bail bond producer who acts within the scope of the authority
235delegated to the producer by the bail bond agency or surety insurer are considered to be
236the acts or conduct of the bail bond agency or surety insurer for which the bail bond
237producer is acting as agent.
238   (2) The acts or conduct of any bail bond agency that acts within the scope of the authority
239delegated to the bail bond agency by the surety insurer are considered to be the acts or
240conduct of the surety insurer.
241   (3)(a) Bail bond agencies and surety insurers are not liable for the actions of bail
242enforcement agents, bail recovery agents, or bail recovery apprentices.
243(b) Bail enforcement agent, bail recovery agent, and bail recovery apprentice mean the
244same as those terms are defined in Section [53-11-102] 58-93-101.
245Section 3. Section 53-1-104 is amended to read:
24653-1-104 (Effective 09/01/26). Boards, bureaus, councils, divisions, and offices.
247   (1) The following are the policymaking boards and committees within the department:
248(a) the Trauma System and Emergency Medical Services Committee, created in Section
24953-2d-104;
250(b) the Air Ambulance Committee, created in Section 53-2d-107;
251(c) the Driver License Medical Advisory Board, created in Section 53-3-303;
252(d) the Concealed Firearm Review Board, created in Section 53-5a-302;
253(e) the Utah Fire Prevention Board, created in Section 53-7-203; and
254(f) the Liquified Petroleum Gas Board, created in Section 53-7-304[; and] .
255[(g) the Bail Bond Recovery and Private Investigator Licensure Board created in Section
25653-11-104.]
257   (2) The Peace Officer Standards and Training Council, created in Section 53-6-106, is
258within the department.
259   (3) The following are the divisions within the department:
260(a) the Administrative Services Division, created in Section 53-1-203;
261(b) the Management Information Services Division, created in Section 53-1-303;
262(c) the Division of Emergency Management, created in Section 53-2a-103;
263(d) the Driver License Division, created in Section 53-3-103;
264(e) the Criminal Investigations and Technical Services Division, created in Section
26553-10-103;
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266      (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
267      (g) the State Fire Marshal Division, created in Section 53-7-103; and
268      (h) the Utah Highway Patrol Division, created in Section 53-8-103.
269  (4) The Office of Executive Protection is created in Section 53-1-112.
270  (5) The following are the bureaus within the department:
271      (a) the Bureau of Emergency Medical Services, created in Section 53-2d-102;
272      (b) the Bureau of Criminal Identification, created in Section 53-10-201;
273      (c) the State Bureau of Investigation, created in Section 53-10-301;
274      (d) the Bureau of Forensic Services, created in Section 53-10-401; and
275      (e) the Bureau of Communications, created in Section 53-10-501.
276Section 4. Section 53-10-202.5 is amended to read:
27753-10-202.5 (Effective 09/01/26). Bureau services -- Fees.
278     The bureau shall collect fees for the following services:
279  (1) applicant fingerprint card as determined by Section 53-10-108;
280  [(2) bail enforcement licensing as determined by Section 53-11-115;]
281  [(3)] (2) concealed firearm permit as determined by Section 53-5a-307;
282  [(4)] (3) provisional concealed firearm permit as determined by Section 53-5a-308;
283  [(5)] (4) a certificate of eligibility for expungement as described in Section 77-40a-304;
284  [(6)] (5) firearm purchase background check as determined by Section 53-5a-602;
285  [(7)] (6) name check as determined by Section 53-10-108; and
286  [(8) private investigator licensing as determined by Section 53-9-111; and]
287  [(9)] (7) right of access as determined by Section 53-10-108.
288Section 5. Section 58-1-301.5 is amended to read:
28958-1-301.5 (Effective 09/01/26). Division access to Bureau of Criminal
290  Identification records. -- Criminal background check requirement.
291  (1) As used in this section, "applicant" means an individual applying for licensure or
292      certification, or with respect to a license or certification, applying for renewal,
293      reinstatement, or relicensure or recertification, as required in:
294      (a) Section 58-5a-302;
295      (b) Section 58-16a-302;
296      (c) Section 58-17b-303;
297      (d) Section 58-17b-304;
298      (e) Section 58-17b-305;
299      (f) Section 58-17b-306;
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300(g) Section 58-24b-302;
301(h) Section 58-31b-302;
302(i) Section 58-42a-302;
303(j) Section 58-44a-302;
304(k) Section 58-47b-302;
305(l) Section 58-55-302;
306(m) Section 58-47b-302.2;
307(n) Section 58-60-205;
308(o) Section 58-60-305;
309(p) Section 58-60-405;
310(q) Section 58-60-506;
311(r) Section 58-61-304;
312(s) Section 58-63-302;
313(t) Section 58-64-302;
314(u) Section 58-67-302;
315(v) Section 58-68-302;
316(w) Section 58-69-302;
317(x) Section 58-70a-302;
318(y) Section 58-70b-302;
319(z) Section 58-71-302;[ or]
320(aa) Section 58-73-302[.] ;
321(bb) Section 58-92-302; or
322(cc) Section 58-93-302.
323   (2) The division shall have direct access to local files maintained by the Bureau of Criminal
324Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for
325background screening of an applicant.
326   (3) The division's access to criminal background information under this section:
327(a) shall meet the requirements of Section 53-10-108; and
328(b) includes:
329(i) convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in
330abeyance, dismissed charges, and charges without a known disposition; and
331(ii) criminal background information maintained under Title 53, Chapter 10, Part 2,
332Bureau of Criminal Identification.
333   (4) The division may not disseminate outside of the division any criminal history record
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334      information that the division obtains from the Bureau of Criminal Identification or the
335      Federal Bureau of Investigation under the criminal background check requirements of
336      this section.
337  (5) To fulfill an applicable criminal background check requirement, an applicant shall:
338      (a) submit fingerprints in a form acceptable to the division at the time the applicant files
339a license application or a registration; and
340      (b) consent to a fingerprint background check conducted by the Bureau of Criminal
341Identification and the Federal Bureau of Investigation regarding the application.
342  (6)(a) Upon receiving fingerprints from an applicant in accordance with Subsection (5),
343      the division shall:
344(i) collect from each applicant submitting fingerprints in accordance with this section:
345(A) the fee that the Bureau of Criminal Identification is authorized to collect for
346the services provided under Section 53-10-108; and
347(B) the fee charged by the Federal Bureau of Investigation for fingerprint
348processing for the purpose of obtaining federal criminal history record
349information;
350(ii) submit from each applicant the fingerprints and the fees described in Subsection
351(6)(a)(i) to the Bureau of Criminal Identification; and
352(iii) obtain and retain in division records a signed waiver approved by the Bureau of
353Criminal Identification in accordance with Section 53-10-108 for each applicant.
354      (b) The fees described in Subsection (6)(a)(i) are in addition to other fees authorized by
355this chapter.
356  (7) In accordance with the requirements of Section 53-10-108, the Bureau of Criminal
357      Identification shall:
358      (a) check the fingerprints submitted under Subsection (5)(a) against the applicable state
359and regional criminal records databases;
360      (b) forward the fingerprints to the Federal Bureau of Investigation for a national criminal
361history background check; and
362      (c) provide the results from the state, regional, and nationwide criminal history
363background checks to the division.
364  (8)(a)(i) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
365      criminal background check required under this section demonstrates, after the
366      applicant is licensed or registered, that the applicant failed to accurately disclose a
367      criminal history, the division may provide notice to the applicant that the license
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368or registration is immediately and automatically revoked.
369(ii) If a massage establishment owner has a criminal conviction or pending criminal
370charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any
371crime listed by rule made by the division in collaboration with the board in
372accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
373division shall deny an application for registration of a massage establishment.
374(b)(i) An individual whose license has been revoked in accordance with Subsection
375(8)(a) is entitled to a hearing to challenge the revocation.
376(ii) A registered massage establishment for which the registration has been revoked
377in accordance with Subsection (8)(a) is entitled to a hearing to challenge the
378revocation.
379(c) The division shall conduct the hearing described in this Subsection (8) in accordance
380with Title 63G, Chapter 4, Administrative Procedures Act.
381Section 6. Section 58-63-103 is amended to read:
38258-63-103 (Effective 09/01/26). Use of money for education, training, and
383   enforcement.
384      The director may, with the concurrence of the board, use the money collected under
385   Section 58-63-503, 58-92-503, or 58-93-503 for the following purposes:
386   (1) educating and training licensees under this chapter, Chapter 92, Private Investigation
387Licensing Act, and Chapter 93, Bail Bond Licensing Act;
388   (2) educating and training the general public or other interested persons in matters
389concerning the laws that govern the practices licensed under this chapter, Chapter 92,
390Private Investigation Licensing Act, and Chapter 93, Bail Bond Licensing Act; and
391   (3) enforcing this chapter, Chapter 92, Private Investigation Licensing Act, and Chapter 93,
392Bail Bond Licensing Act by:
393(a) investigating unprofessional or unlawful conduct; and
394(b) providing legal representation to the division when [it] the division takes legal action
395against a person charged with unprofessional or unlawful conduct.
396Section 7. Section 58-63-201 is amended to read:
39758-63-201 (Effective 09/01/26). Board -- Duties.
398   (1) There is created the Security Services Licensing Board consisting of:
399(a) two individuals who are officers or owners of a licensed contract security company;
400(b) one individual who is an officer or owner of a licensed armored car company;
401(c) one individual from among nominees of the Utah Sheriffs' Association;
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402      (d) one individual from among nominees of the Utah Chiefs of Police Association;[ and]
403      (e) one individual who is licensed under Chapter 92, Private Investigation Licensing Act;
404      (f) one individual who is an owner of a private investigation agency; and
405      [(e)] (g) two individuals representing the general public.
406  (2)(a) The executive director shall appoint board members in accordance with Section
407      58-1-201.
408      (b) A board member serves in accordance with Section 58-1-201.
409  (3)(a) The board shall carry out [its] the board's duties and responsibilities in accordance
410      with Sections 58-1-202 and 58-1-203.
411      (b) The board shall designate one of [its] the board's members on a permanent or rotating
412basis to:
413(i) assist the division in reviewing a complaint concerning the unlawful or
414unprofessional conduct of a person licensed under this chapter; and
415(ii) advise the division in [its] the board's investigation of the complaint.
416  (4) A board member who, under Subsection (3), has reviewed a complaint or advised in [its]
417      the board's investigation is disqualified from participating with the board when the board
418      serves as a presiding officer in an adjudicative proceeding concerning the complaint.
419Section 8. Section 58-92-101 is enacted to read:
420CHAPTER 92. Private Investigation Licensing Act
421Part 1. General Provisions
42258-92-101 (Effective 09/01/26). Definitions.
423     As used in this chapter:
424  (1) "Board" means the Security Services Licensing Board created in Section 58-63-201.
425  (2)(a) "Conviction" means an adjudication of guilt by a federal, state, or local court
426      resulting from trial or plea.
427      (b) "Conviction" includes the following, regardless of whether the imposition of a
428sentence was suspended:
429(i) a plea of no contest;
430(ii) a plea in abeyance; or
431(iii) an Alford plea.
432  (3) "D.B.A." means the same as that term is defined in Section 42-2-101.
433  (4) "DOD civilian" means the same as that term is defined in Section 53H-11-202.
434  (5)(a) "Private investigation" means engaging in business or accepting employment to
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435conduct an investigation for the purpose of obtaining information about:
436(i) crime, wrongful acts, or threats against the United States or a state or territory of
437the United States;
438(ii) the identity, reputation, character, habits, conduct, business occupation, honesty,
439integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity,
440movements, whereabouts, affiliations, associations, or transactions of an
441individual or group of individuals;
442(iii) the credibility of witnesses or other individuals;
443(iv) the whereabouts of a missing person or the owner of abandoned property;
444(v) the causes and origin of, or responsibility for:
445(A) a fire;
446(B) libel;
447(C) slander;
448(D) a loss;
449(E) an accident; or
450(F) damage or an injury to real or personal property;
451(vi) the business of securing evidence to be used:
452(A) before investigating committees or boards; or
453(B) in a civil trial or criminal trial and in the preparation for the civil trial or
454criminal trial;
455(vii) the prevention, detection, and removal of installed devices for eavesdropping or
456observation;
457(viii) the business of "skip tracing" a person that has become delinquent in the
458person's lawful debts, either when hired by an individual, collection agency, or
459through the direct purchase of the debt from a financial institution or entity
460owning the debt or judgment; or
461(ix) serving civil process.
462(b) "Private investigation" does not include:
463(i) a person engaging in activities that are exempt under Section 58-92-306;
464(ii) a person operating as a collection agency;
465(iii) a person operating as a credit reporting agency;
466(iv) a person or an employee conducting an investigation on the person's or
467employee's behalf or on behalf of an employer if the employer is not a private
468investigator under this chapter;
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469(v) an employee of an attorney licensed to practice law in this state; or
470(vi) a currently licensed certified public accountant as that term is defined in Section
47158-26a-102.
472  (6)(a) "Private investigation agency" means an entity:
473(i) under the control of a private investigator agent; and
474(ii) created by a private investigator agent to manage the private investigator agent's
475or the private investigator agent's employee's clients and cases.
476      (b) "Private investigation agency" includes an entity that contracts with or employs a
477private investigator agent, a private investigator registrant, or a private investigator
478apprentice.
479  (7) "Private investigator agent" means an individual that holds a private investigator agent
480      license under Section 58-92-303.
481  (8) "Private investigator apprentice" means an individual who holds a private investigator
482      apprentice license under Section 58-92-305.
483  (9) "Private investigator registrant" means an individual who holds a private investigator
484      registrant license under Section 58-92-304.
485Section 9. Section 58-92-201, which is renumbered from Section 53-9-103 is renumbered
486  and amended to read:
487Part 2. Board
488[53-9-103] 58-92-201 (Effective 09/01/26). Division to administer -- Division to
489  issue licenses -- Records -- Bonds -- Rulemaking.
490  (1) [The commissioner] On or after May 6, 2026, the division shall administer this chapter.
491  (2)(a) The [bureau, acting at the direction of the commissioner,] division shall issue a [
492      private investigator ]license to an applicant [whom the board finds ] who meets the
493      qualifications for licensure under this chapter.
494      [(b) The bureau shall issue a license to an apprentice applicant who meets the
495qualifications for licensure under this chapter within five business days of receipt of
496the application.]
497      [(c)] (b) The [bureau] division shall notify each licensee under this chapter when a
498licensee's license is due for renewal in accordance with procedures [established by
499rule] the division establishes by rule.
500  (3)(a) The [bureau] division shall keep records of:
501(i) all applications for licenses under this chapter; and
502(ii) all bonds and proof of certificates of liability and workers' compensation
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503insurance required to be filed.
504(b) The [records] division shall include in the record described in Subsection (3)(a)
505statements as to whether the division has issued a license or renewal license [has
506been issued ]for each application.
507   (4) [If a license is revoked, suspended, canceled, or denied or if a licensee is placed on
508probation, the date of filing the order for revocation, suspension, cancellation, denial, or
509probation shall be included in the records.] If the division revokes, suspends, or denies a
510license, the division shall include the date of filing the order for revocation, suspension,
511or denial in the records.
512   (5) The [bureau] division shall maintain:
513(a) a list of all licensees whose license [has been revoked, suspended, placed on
514probation, or canceled] the division revokes, suspends, or denies;[ and]
515(b) a written record of complaints filed against licensees[.] ; and
516(c) records of board actions.
517   (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the [
518commissioner] division may make rules governing the administration of the provisions of
519this chapter.
520Section 10. Section 58-92-301 is enacted to read:
521Part 3. Licensing
52258-92-301 (Effective 09/01/26). Licensure required -- License classifications.
523   (1) Except as otherwise provided in this chapter, a license is required to engage in an act
524regulated under this chapter.
525   (2) The division shall issue to a person that qualifies under this chapter, a license in the
526following classifications:
527(a) private investigator agent;
528(b) private investigator registrant; or
529(c) private investigator apprentice.
530Section 11. Section 58-92-302 is enacted to read:
53158-92-302 (Effective 09/01/26). General qualifications for licensure.
532An applicant for licensure for a private investigator license, private investigator
533   registrant, or private investigator apprentice under this chapter:
534   (1) shall:
535(a) except for an applicant for a private investigator apprentice license, be at least 21
536years old;
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537      (b) be a citizen or legal resident of the United States;
538      (c) provide the applicant's name, address, date of birth, social security number, and
539fingerprints to the division;
540      (d) disclose any criminal history the division requests on a form the division approves;
541      (e) consent to, and complete, a criminal background check, described in Section
54258-1-301.5;
543      (f) meet any other standard related to the criminal background check described in
544Section 58-1-301.5, that the division establishes by rule in accordance with Title
54563G, Chapter 3, Utah Administrative Rulemaking Act; and
546      (g) if currently licensed in another state or jurisdiction, be in good standing within that
547state or jurisdiction; and
548  (2) may not:
549      (a) have been convicted of:
550(i) a felony;
551(ii) any act involving illegally using, carrying, or possessing a dangerous weapon;
552(iii) an act of personal violence or force on another person;
553(iv) threatening to commit an act of personal violence or force against another person;
554(v) an act constituting dishonesty or fraud;
555(vi) impersonating a peace officer; or
556(vii) an act that, when considered with the functions and duties imposed by this title,
557bears a substantial relationship to the individual's ability to safely or competently
558perform the duties required under this chapter or indicates that the best interests of
559the public are not served by granting the applicant a license;
560      (b) be on probation, parole, community supervision, or named in an outstanding arrest
561warrant; or
562      (c) have been previously found or presently be in violation of this chapter.
563Section 12. Section 58-92-303 is enacted to read:
56458-92-303 (Effective 09/01/26). Private investigator agent -- Qualifications for
565  licensure -- Scope of license.
566  (1) In addition to the requirements of Section 58-92-302, an applicant for licensure as a
567      private investigator agent shall:
568      (a) submit an application in a form the division approves;
569      (b) pay a fee determined by the department under Section 63J-1-504;
570      (c) provide proof to the division that the applicant meets each examination and
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571experience requirement for a private investigator agent under Sections 58-92-307 and
57258-92-308;
573(d) file and maintain with the division evidence of a surety bond:
574(i) in the amount the division establishes by rule in collaboration with the board and
575in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
576(ii) that shall remain in effect throughout the applicant's entire licensing period; and
577(iii) that provides that the issuer of the surety bond shall notify the division if the
578bond is cancelled or expired; and
579(e) provide the division any other information the division requires by rule in accordance
580with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
581   (2) A private investigator agent may:
582(a) engage in private investigation independently if the private investigator agent creates
583a private investigation agency and receives a private investigation agency license in
584accordance with Section 58-92-311;
585(b) if the private investigator agent creates a private investigation agency and receives a
586private investigation agency license, supervise and employ a private investigator
587agent, a private investigator registrant, or a private investigator apprentice under the
588private investigation agency; and
589(c) engage in private investigation:
590(i) as the employee of a private investigator agent with a valid and current license; or
591(ii) while under contract and supervision of a private investigator agent with a valid
592and current license.
593   (3) A private investigator agent may not supervise or employ a private investigator agent, a
594private investigator registrant, or a private investigator apprentice unless the private
595investigator agent creates a private investigation agency and receives a private
596investigation agency license.
597   (4) The division may further define the scope of the private investigator agent license by
598rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
599Section 13. Section 58-92-304 is enacted to read:
60058-92-304 (Effective 09/01/26). Private investigator registrant -- Qualifications
601   for licensure -- Scope of license.
602   (1) In addition to the requirements of Section 58-92-302, an applicant for licensure as a
603private investigator registrant shall:
604(a) submit an application in a form the division approves;
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605      (b) pay a fee determined by the department under Section 63J-1-504;
606      (c) provide proof to the division that the applicant meets the experience requirement for
607a private investigator registrant under Section 58-92-307;
608      (d) file and maintain with the division evidence of a surety bond:
609(i) in the amount the division establishes by rule in collaboration with the board and
610in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
611(ii) that shall remain in effect throughout the applicant's entire licensing period; and
612(iii) that provides that the issuer of the surety bond shall notify the division if the
613bond is cancelled or expired; and
614      (e) provide the division any other information required by division rule in accordance
615with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
616  (2) A private investigator registrant may engage in private investigation only:
617      (a) as the employee of a private investigator agent who:
618(i) creates a private investigation agency and receives a private investigation agency
619license; and
620(ii) maintains a valid and current private investigator agent license; or
621      (b) while under contract and supervision of a private investigator agent who:
622(i) creates a private investigation agency and receives a private investigation agency
623license; and
624(ii) maintains a valid and current private investigator agent license.
625  (3) The division may further define the scope of the private investigator registrant license
626      by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
627Section 14. Section 58-92-305 is enacted to read:
62858-92-305 (Effective 09/01/26). Private investigator apprentice -- Qualifications
629  for licensure -- Scope of license.
630  (1) In addition to the requirements of Section 58-92-302, an applicant for licensure as a
631      private investigator apprentice shall:
632      (a) be at least 18 years old;
633      (b) submit an application in a form the division approves;
634      (c) pay a fee determined by the department under Section 63J-1-504; and
635      (d) provide the division any other information the division requires by rule in
636accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
637  (2) A private investigator apprentice may engage in private investigation only:
638      (a) as the employee of a private investigator agent who:
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639(i) creates a private investigation agency and receives a private investigation agency
640license; and
641(ii) maintains a valid and current private investigator agent license; or
642(b) while under contract and supervision of a private investigator agent who:
643(i) creates a private investigation agency and receives a private investigation agency
644license; and
645(ii) maintains a valid and current private investigator agent license.
646   (3) The division may further define the scope of the private investigator apprentice license
647by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
648Section 15. Section 58-92-306 is enacted to read:
64958-92-306 (Effective 09/01/26). Exemptions from licensure.
650      In addition to the exemptions from licensure in Section 58-1-307, an individual may
651   engage in an act regulated by this chapter without being licensed under this chapter if the
652   individual is an individual serving in the armed forces of the United States, the United States
653   Public Health Service, the United States Department of Veterans Affairs, or any other federal
654   agency while engaged in activities regulated under this title as a part of employment with that
655   federal agency if the individual holds a valid license to practice the regulated occupation or
656   profession issued by any other state or jurisdiction recognized by the department.
657Section 16. Section 58-92-307 is enacted to read:
65858-92-307 (Effective 09/01/26). Experience requirements.
659   (1) In addition to the requirements of Sections 58-92-303 and 58-92-304 an applicant for:
660(a) a private investigator agent license shall demonstrate in a form the division approves
661a minimum of 5,000 hours of investigative experience; and
662(b) a private investigator registrant license shall demonstrate in a form the division
663approves a minimum of 2,000 hours of investigative experience.
664   (2) An applicant for a private investigator apprentice is not required to demonstrate any
665hours of investigative experience.
666   (3) An applicant may obtain the hours of investigative experience required under
667Subsection (1) as:
668(a) a licensed private investigator registrant or private investigator apprentice;
669(b) an investigator in the private sector;
670(c) an investigator for an agency or branch of the federal government; or
671(d) an investigator for the state, county, or municipal government.
672   (4) At least 1,000 hours of the investigative experience required under Subsection (1)(b)
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673      shall have been performed in the 10 years before the day on which the applicant submits
674      an application for licensure.
675  (5) If an applicant is unable to supply written certification of experience from an employer
676      in whole or in part, an applicant may offer written certification from a person other than
677      an employer covering the same subject matter for consideration by the division.
678  (6) The burden of proving completion of the required experience is on the applicant and the
679      division may verify or reject any part of an applicant's certification under a rule the
680      division makes in accordance with Title 63G, Chapter 3, Utah Administrative
681      Rulemaking Act.
682Section 17. Section 58-92-308 is enacted to read:
68358-92-308 (Effective 09/01/26). Examination requirements.
684     An applicant for a new private investigator agent license shall successfully pass an
685  examination the division establishes by rule in accordance with Title 63G, Chapter 3, Utah
686  Administrative Rulemaking Act.
687Section 18. Section 58-92-309 is enacted to read:
68858-92-309 (Effective 09/01/26). Continuing education.
689  (1) On or after May 6, 2027, before renewing a license under this chapter, a licensee shall
690      complete at least 16 hours of continuing instruction that the division defines by rule in
691      collaboration with the board in accordance with Title 63G, Chapter 3, Utah
692      Administrative Rulemaking Act.
693  (2) The division may charge a fee for approving an applicant's out-of-state continuing
694      education for the time the division spends determining the out-of-state continuing
695      education's similarity to the continuing instruction the division defines by rule in
696      Subsection (1).
697Section 19. Section 58-92-310 is enacted to read:
69858-92-310 (Effective 09/01/26). Qualification credit for specified training.
699     In collaboration with the board, the division may adopt rules in accordance with Title
700  63G, Chapter 3, Utah Administrative Rulemaking Act, that exempt an applicant from meeting
701  all or a portion of the experience requirements of Section 58-92-307 for licensure if the
702  applicant:
703  (1) holds a criminal justice bachelor's degree from an accredited college or university;
704  (2) is certified to have successfully completed the state Peace Officers Standards and
705      Training basic training course provided under Section 53-6-202; or
706  (3) provides adequate proof of having successfully completed a training or experience
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707substantially similar to the training and experience required under this chapter.
708Section 20. Section 58-92-311 is enacted to read:
70958-92-311 (Effective 09/01/26). Private investigation agency -- Licensure --
710   Requirements.
711   (1) A private investigator agent may create a private investigation agency that complies
712with the requirements of this section.
713   (2) If a private investigator agent creates a private investigation agency:
714(a) the private investigation agency may not transfer to another private investigator
715agent;
716(b) the private investigation agency is considered to be under the control of the private
717investigator agent; and
718(c) the private investigator agent shall file an application with the division for a private
719investigation agency license.
720   (3) When applying for a private investigation agency license, a private investigator agent
721shall:
722(a) state in the application that the private investigator agent:
723(i) is licensed and in good standing as a private investigator agent under this chapter;
724(ii) is not involved in an activity that would conflict with the private investigator
725agent's duties and responsibilities under this chapter; and
726(iii) is not an employee of a government agency; and
727(b) file with the application evidence of:
728(i) registration with the Division of Corporations and Commercial Code and as
729required by applicable law with the:
730(A) Unemployment Insurance Division in the Department of Workforce Services,
731in accordance with Title 35A, Chapter 4, Employment Security Act;
732(B) State Tax Commission; and
733(C) Internal Revenue Service; and
734(ii) comprehensive general liability insurance in a form and in an amount the division
735establishes by rule in collaboration with the board and in accordance with Title
73663G, Chapter 3, Utah Administrative Rulemaking Act; and
737(iii) workers' compensation insurance that covers any employee of the applicant in
738accordance with applicable laws of this state.
739   (4)(a) The division shall issue a private investigation agency license to a private
740investigator agent that meets the requirements of this section.
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741      (b) A private investigation agency license the division issues under this Subsection (4):
742(i) may not transfer from the private investigator agent that receives the private
743investigation agency license to another private investigator agent; and
744(ii) expires on the day on which the private investigator agent's license expires.
745  (5) On or after the day on which the division issues the private investigator agent a private
746      investigation agency license, the private investigator agent:
747      (a) may:
748(i) employ or contract with a private investigator agent, a private investigator
749registrant, or private investigator apprentice to engage in private investigation; and
750(ii) employ other employees as necessary to carry out the private investigator agent's
751business; and
752      (b) shall meet with the division and the board, if requested, and demonstrate that the
753private investigator agent's private investigation agency meets the requirements of
754this section.
755Section 21. Section 58-92-312 is enacted to read:
75658-92-312 (Effective 09/01/26). Evidence of licensure -- Identity cards.
757  (1) When the division issues a license under this chapter, the division shall:
758      (a) issue an identification card, the design of which the division shall approve by rule in
759accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
760      (b) indicate on the identification card's face that the holder is licensed to act as a private
761investigator agent, a private investigator registrant, or a private investigator
762apprentice.
763  (2) The division shall issue the identification card without charge to the licensee.
764  (3) Within five days after the day on which a license terminates for any reason, the licensee
765      shall mail or deliver a card issued under Subsection (1) to the division for cancellation.
766  (4) A licensee shall carry the identification card issued under Subsection (1) while engaging
767      in work regulated under this chapter.
768  (5) A licensee shall display the license upon the request of a peace officer or a
769      representative of the division.
770  (6) Upon request by a person on whose property a licensee engaging in activities governed
771      by this chapter, or a person acting under the authority of a person on whose property the
772      licensee engages in activities governed by this chapter, if the licensee is employed by or
773      contracted with a private investigation agency the licensee shall immediately identify:
774      (a) the private investigation agency's name; and
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775(b) the name and phone number of the private investigator agent in control of the private
776investigation agency.
777Section 22. Section 58-92-313 is enacted to read:
77858-92-313 (Effective 09/01/26). Operating standards -- Rulemaking.
779The division, in collaboration with the board, shall establish by rule in accordance with
780   Title 63G, Chapter 3, Utah Administrative Rulemaking Act, operating standards that shall
781   apply to the conduct of a licensee under this chapter, including rules relating to use of
782   uniforms, badges, insignia, designations, and representations used by or associated with a
783   licensee's practice under this chapter.
784Section 23. Section 58-92-314 is enacted to read:
78558-92-314 (Effective 09/01/26). Status of license held on effective date of this
786   chapter.
787On or after September 1, 2026, a person that holds a valid license under Title 53,
788   Chapter 9, Private Investigator Regulation Act:
789   (1) is subject to the following:
790(a) if the license the person holds on September 1, 2026, is an agency license under Title
79153, Chapter 9, Private Investigator Regulation Act:
792(i) if the person is an entity, the person is considered to have a private investigation
793agency license under this chapter; or
794(ii) if the person is an individual, the person is considered to have a private
795investigator agent license under this chapter;
796(b) if the license the person holds on September 1, 2026, is a registrant license under
797Title 53, Chapter 9, Private Investigator Regulation Act, the person is considered to
798have a private investigator registrant license under this chapter; and
799(c) if the license the person holds on September 1, 2026, is an apprentice license under
800Title 53, Chapter 9, Private Investigator Regulation Act, the person is considered to
801have a private investigator apprentice license under this chapter; and
802   (2) is subject to this chapter.
803Section 24. Section 58-92-401 is enacted to read:
804Part 4. License Denial and Discipline
80558-92-401 (Effective 09/01/26). Grounds for denial of license -- Disciplinary
806   proceedings.
807Grounds for refusing to issue a license to an applicant, for refusing to renew the license
808   of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
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809  licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
810  desist order shall be in accordance with Section 58-1-401.
811Section 25. Section 58-92-501 is enacted to read:
812Part 5. Unlawful Conduct -- Unprofessional Conduct -- Penalties
81358-92-501 (Effective 09/01/26). Unlawful conduct.
814     Unlawful conduct under this chapter includes:
815  (1) a licensee employing the services of an unlicensed person to perform work requiring a
816      license under this chapter;
817  (2) an attempt to secure a license under this chapter through fraudulent or misleading
818      means, including by:
819      (a) omission of material facts or evidence;
820      (b) filing with the division fingerprint cards for an applicant that are not the fingerprint
821cards of the applicant; or
822      (c) making a statement verbally or in written form that is false or fraudulent and
823intended to mislead the division in the division's consideration of the qualifications of
824the applicant for licensure;
825  (3) practicing or engaging in, or attempting to practice or engage in, an activity for which a
826      license is required under this chapter, unless the individual:
827      (a) holds the appropriate license under this chapter; or
828      (b) is exempted from licensure as provided under Section 58-92-306;
829  (4) employing another person to engage in or practice, or attempt to engage in or practice,
830      an occupation or profession licensed under this chapter, if the employee:
831      (a) is not licensed to do so under this chapter; or
832      (b) is not exempt from licensure;
833  (5) impersonating, permitting, or aiding and abetting an employee to impersonate a law
834      enforcement officer or employee of the United States, a state, or a political subdivision
835      of a state; and
836  (6) violating, advising, encouraging, or assisting in the violation of a statute, a court order,
837      or an injunction when engaging in conduct regulated under this chapter.
838Section 26. Section 58-92-502 is enacted to read:
83958-92-502 (Effective 09/01/26). Unprofessional conduct.
840     Unprofessional conduct under this chapter includes:
841  (1) the use of any letterhead, advertising, or other printed matter in a manner representing
842      that the licensee is an instrumentality of the federal government, a state, or a political
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843subdivision of a state;
844   (2) the use of a name different from that under which the licensee is currently licensed for
845an advertisement, a solicitation, or a contract to secure business unless the name is
846authorized and registered as a D.B.A. with the Division of Corporations and
847Commercial Code;
848   (3) tampering with or falsifying fingerprints, photographs, or other evidence while
849operating under this chapter;
850   (4) soliciting business for an attorney in return for compensation;
851   (5) willfully neglecting to render to a client services or a report as agreed between the
852licensee and client and for which the client pays or tenders compensation in accordance
853with the agreement of the licensee and client unless the licensee chooses to withdraw
854from the case and returns the funds for work the licensee has not yet completed;
855   (6) engaging in the unauthorized release of:
856(a) information acquired on behalf of a client by a licensee, or the client's employee or
857contract agent, as a result of activities regulated under this chapter; or
858(b) a client's personal information;
859   (7) misrepresents, refuses, or fails to cooperate with access to business or investigative
860records that the division requests through an investigator or a subpoena duces tecum; and
861   (8) permitting, authorizing, aiding, or in any way assisting or incentivizing a person to
862violate the requirements of this chapter regardless of whether the licensee is an
863independent contractor and not under the authority of a private investigator agent.
864Section 27. Section 58-92-503 is enacted to read:
86558-92-503 (Effective 09/01/26). Penalties.
866   (1) Subject to Subsection (2), an individual who commits an act of unlawful conduct under
867Subsection 58-1-501(1) or Section 58-92-501 or who fails to comply with a citation
868issued under this section after the citation becomes final is guilty of a class A
869misdemeanor.
870   (2) The division may immediately suspend a license issued under this chapter of a person
871who is given a citation for engaging in unlawful acts under Subsection 58-1-501(1) or
872Section 58-92-501 upon determination that the nature of the action presents a reasonable
873ongoing threat to public health, safety, or welfare.
874   (3) If, upon inspection or investigation, the division determines that a person has violated
875Section 58-1-501, 58-92-501, or 58-92-502, or a rule the division makes or an order the
876division issues under Section 58-92-501 or 58-92-502, and that disciplinary action is
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877      warranted, the director or the director's designee within the division shall promptly issue
878      a citation to the person and:
879      (a) attempt to negotiate a stipulated settlement with the person; or
880      (b) notify the person to appear for an adjudicative proceeding conducted in accordance
881with Title 63G, Chapter 4, Administrative Procedures Act.
882  (4) The division may:
883      (a) fine a person who violates Sections 58-1-501, 58-92-501, or 58-92-502, as evidenced
884by an uncontested citation, a stipulated settlement, or a finding of a violation in an
885adjudicative proceeding held under Subsection (3)(b);
886      (b) order the person to cease and desist from the violation; or
887      (c) take both actions described in Subsections (4)(a) and (b).
888  (5) Except for a cease and desist order, the division may not impose the licensure sanctions
889      listed in Section 58-1-401 by issuing a citation under this section.
890  (6) A citation under this section shall:
891      (a) describe the nature of the violation, including a reference to the allegedly violated
892statute, rule, or order;
893      (b) state that the recipient must notify the division in writing within 20 calendar days
894after the day on which the division issues the citation if the recipient wants to contest
895the citation at the adjudicative proceeding described in Subsection (3)(b);
896      (c) explain the consequences of failure to timely contest the citation or to make payment
897of a fine assessed under the citation within the time specified in the citation; and
898      (d) be in writing.
899  (7)(a) The division may serve a citation issued under this section, or a copy of the
900      citation, upon an individual who is subject to service of a summons under the Utah
901      Rules of Civil Procedure.
902      (b) The division may serve an individual personally or serve the individual's agent.
903      (c) The division may serve the summons by:
904(i) a division investigator;
905(ii) a person designated by the director; or
906(iii) mail.
907      (d) If within 20 days after the day on which the division serves a citation, the person to
908whom the division issues the citation fails to request a hearing to contest the citation,
909the citation becomes the final order of the division and is not subject to further
910agency review.
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911(e) The division may grant an extension of the 20-day period described in Subsection
912(7)(d) for cause.
913(f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
914license of a licensee who fails to comply with a citation after the citation becomes
915final.
916(g) The division may not issue a citation for an alleged violation under this section after
917the expiration of one year after the day on which the division receives a report of the
918violation that is the subject of the citation.
919   (8)(a) The director or the director's designee may assess a fine under this section as
920follows:
921(i) for a first offense under Subsection (3), a fine of up to $1,000;
922(ii) for a second offense under Subsection (3), a fine of up to $2,000; and
923(iii) for a subsequent offense under Subsection (3), a fine of up to $2,000 for each
924day of continued violation.
925(b) For purposes of issuing a final order under this section and assessing a fine under
926Subsection (8)(a), an offense is a second or subsequent offense if:
927(i) the division previously issued a final order determining that a person committed a
928first or second offense by violating Section 58-92-501 or 58-92-502; or
929(ii)(A) the division initiated an action for a first or second offense;
930(B) the division has not issued a final order in an action initiated under Subsection
931(8)(b)(ii)(A);
932(C) the division determines during an investigation that occurred after the
933initiation of the action under Subsection (8)(b)(ii)(A) that the person
934committed a second or subsequent violation of Section 58-92-501 or 58-92-502;
935and
936(D) after determining that the person committed a second or subsequent offense
937under Subsection (8)(b)(ii)(C), the division issues a final order on the action
938initiated under Subsection (8)(b)(ii)(A).
939(c) In issuing a final order for a second or subsequent offense under Subsection (8)(b),
940the division shall comply with the requirements of this section.
941   (9)(a) The division shall deposit a fine the director imposes under Subsection (8)(a) into
942the General Fund as a dedicated credit for use by the division for the purposes listed
943in Section 58-63-103.
944(b) The director may collect a fine that a person does not pay by:
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945(i) referring the matter to a collection agency; or
946(ii) bringing an action in the district court of the county where the person against
947whom the penalty is imposed resides or in the county where the office of the
948director is located.
949      (c) A county attorney or the attorney general of the state shall provide legal assistance
950and advice to the director in an action to collect a penalty.
951      (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
952action brought by the division to collect a penalty under this Subsection (9).
953Section 28. Section 58-92-601 is enacted to read:
954Part 6. Regulatory Jurisdiction
95558-92-601 (Effective 09/01/26). Preemption of local regulation.
956  (1) A political subdivision of this state may not enact any legislation, code, or ordinance, or
957      make any rules relating to the licensing, training, or regulation of a person engaging in
958      an activity regulated under this chapter.
959  (2) Any legislation, code, ordinance, or rule made by a political subdivision of this state,
960      relating to the licensing, training, or regulation of a person engaging in an activity
961      regulated under this chapter is superseded by this chapter.
962Section 29. Section 58-93-101 is enacted to read:
963CHAPTER 93. Bail Bond Licensing Act
964Part 1. General Provisions
96558-93-101 (Effective 09/01/26). Definitions.
966     As used in this chapter:
967  (1) "Bail bond agency" means an entity licensed under this chapter that operates a business
968      to carry out the functions of a bail enforcement agent or bail recovery agent, and to
969      conduct this business, the entity:
970      (a) employs a qualifier;
971      (b) employs one or more persons licensed under this chapter for wages or salary, and
972withholds all legally required deductions and contributions; or
973      (c) contracts with a bail enforcement agent, bail recovery agent, or bail recovery
974apprentice on a part-time or case-by-case basis.
975  (2) "Bail enforcement agent" means an individual:
976      (a) licensed under this chapter as a bail enforcement agent to:
977(i) enforce the terms and conditions of a defendant's release on bail in a civil or
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978criminal proceeding;
979(ii) apprehend a defendant or surrender a defendant to custody; or
980(iii) conduct an act described in Subsection (2)(a)(i) or (ii), as appropriate; and
981(b) who:
982(i) is appointed by a bail bond surety; and
983(ii) receives or is promised consideration for the individual's service.
984   (3) "Bail enforcement professional" means a person licensed under this chapter.
985   (4) "Bail recovery agent" means an individual employed by a bail enforcement agent to
986assist the bail enforcement agent regarding civil or criminal defendants released on bail
987by:
988(a) presenting a defendant for required court appearances;
989(b) apprehending or surrendering a defendant to a court; or
990(c) keeping the defendant under necessary surveillance.
991   (5) "Bail recovery apprentice" means an individual licensed under this chapter as a bail
992recovery apprentice who:
993(a) is an employee of a licensed bail enforcement agent or bail recovery agent;
994(b) is adequately supervised by rules the division makes in accordance with Title 63G,
995Chapter 3, Utah Administrative Rulemaking Act;
996(c) may wear an article of clothing that conspicuously displays on the chest and the back
997of the article of clothing lettering that clearly identifies the licensee as a bail
998enforcement or recovery agent; and
999(d) may not:
1000  (i) advertise bail recovery services;
1001  (ii) provide bail recovery services directly to a member of the public; or
1002  (iii) employ or hire a bail enforcement agent, a bail recovery agent, or a bail recovery
1003  apprentice.
1004     (6) "Board" means the Security Services Licensing Board created under Section 58-63-201.
1005     (7) "Control position" means an individual that exercises direct or indirect control over a
1006  business entity regardless of form.
1007     (8)(a) "Conviction" means an adjudication of guilt by a federal, state, or local court
1008  resulting from a trial or plea.
1009  (b) "Conviction" includes the following, regardless of whether the imposition of
1010  sentence was suspended:
1011  (i) a plea of no contest or nolo contendere;
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1012  (ii) a plea in abeyance; or
1013  (iii) an Alford plea.
1014    (9) "D.B.A." means the same as that term is defined in Section 42-2-101.
1015    (10) "Occupied structure" means a building, vehicle, or other structure that could
1016        reasonably be expected to house or shelter persons.
1017    (11) "Qualifier" means an individual who:
1018        (a) holds a control position of a licensee under this chapter;
1019        (b) has satisfied the requirements to obtain a license under this chapter including
1020  possessing all necessary training and experience;
1021        (c) meets any additional license requirements the division establishes by rule made in
1022  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1023        (d)(i) is collectively and individually liable with the licensee for compliance with this
1024  chapter; and
1025  (ii) may be held fully responsible for a violation under this chapter, regardless of the
1026  liability of another person.
1027  Section 30. Section 58-93-102 is enacted to read:
1028  58-93-102 (Effective 09/01/26). Use of money for education, training, and
1029    enforcement.
1030       The division may, with the concurrence of the board, use the money collected under this
1031    chapter for the following purposes:
1032    (1) educating and training licensees under this chapter;
1033    (2) educating and training the general public or other interested persons in matters
1034        concerning the laws that govern the practices regulated by this chapter; and
1035    (3) enforcing this chapter by:
1036        (a) investigating unprofessional or unlawful conduct; and
1037        (b) providing legal representation to the division when the division takes legal action
1038  against a person charged with unprofessional or unlawful conduct.
1039  Section 31. Section 58-93-201 is enacted to read:
1040  Part 2. Board
1041  58-93-201 (Effective 09/01/26). Board.
1042       The division may appoint either a bail enforcement agent or a bail recovery agent to the
1043    Security Services Licensing Board created under Section 58-63-201.
1044  Section 32. Section 58-93-301 is enacted to read:
1045
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                                                    Part 3. Licensing
1046  58-93-301 (Effective 09/01/26). Licensure required -- License classifications.
1047     (1) A licensee is required to engage in an act regulated by this chapter. except as otherwise
1048  provided in this chapter.
1049     (2) The division shall issue to a person that qualifies under this chapter a license in the
1050  following classifications:
1051  (a) bail bond agency;
1052  (b) bail enforcement agent;
1053  (c) bail recovery agent; and
1054  (d) bail recovery apprentice.
1055  Section 33. Section 58-93-302 is enacted to read:
1056  58-93-302 (Effective 09/01/26). General qualifications for licensure.
1057     (1) An applicant for licensure under this chapter, or the qualifier for an applicant if
1058  applicable:
1059  (a) shall:
1060  (i) except for an applicant for a bail recovery apprentice license, be at least 21 years
1061  old;
1062  (ii) be a citizen or legal resident of the United States;
1063  (iii) provide the applicant's or qualifier's name, address, date of birth, social security
1064  number, and fingerprints to the division;
1065  (iv) disclose any criminal history the division requests on a form the division
1066  approves;
1067  (v) consent to, and complete, a criminal background check, described in Section
1068  58-1-301.5; and
1069  (vi) meet any other standard related to the criminal background check described in
1070  Subsection (1)(a)(v), that the division establishes by rule in accordance with Title
1071  63G, Chapter 3, Utah Administrative Rulemaking Act; and
1072  (b) may not:
1073  (i) have been convicted of:
1074  (A) a felony;
1075  (B) an act involving illegally using, carrying, or possessing a dangerous weapon;
1076  (C) an act of personal violence or force on a person or threatening to commit an
1077  act of personal violence or force against another person;
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1078  (D) an act constituting dishonesty or fraud;
1079  (E) impersonating a peace officer; or
1080  (F) an act that, when considered with the functions and duties imposed by this
1081  title, and that bears a substantial relationship to the individual's ability to safely
1082  or competently perform the duties expected of a person licensed under this
1083  chapter, indicates that the best interests of the public are not served by granting
1084  the applicant a license;
1085  (ii) be on probation, parole, community supervision, or named in an outstanding
1086  arrest warrant;
1087  (iii) have been previously found or presently be in violation of this chapter; or
1088  (iv) be employed as a peace officer.
1089    (2) If currently licensed in another state or jurisdiction, the applicant or qualifier shall be in
1090        good standing within that state or jurisdiction.
1091  Section 34. Section 58-93-303 is enacted to read:
1092  58-93-303 (Effective 09/01/26). Qualifications for licensure -- Bail bond agency.
1093    (1) In addition to the requirements of Section 58-93-302, an applicant for licensure as a bail
1094        bond agency shall:
1095        (a) submit an application in a form the division approves;
1096        (b) pay a fee determined by the department under Section 63J-1-504;
1097        (c) identify a qualifier for the applicant who:
1098  (i) meets with the division and the board, if requested, and demonstrates that the
1099  applicant and the qualifier meet the requirements of this section;
1100  (ii) is a resident of the state;
1101  (iii) is licensed and in good standing as a bail enforcement agent or bail recovery
1102  agent under this chapter;
1103  (iv) exercises material day-to-day authority in the conduct of the applicant's business
1104  by making substantive technical and administrative decisions and whose primary
1105  employment is with the applicant;
1106  (v) is not concurrently acting as a qualifier or employee of another bail bond agency;
1107  (vi) is not involved in an activity that would conflict with the qualifier's duties and
1108  responsibilities under this chapter; and
1109  (vii) is not an employee of a government agency; and
1110        (d) file and maintain with the division evidence of:
1111  (i) comprehensive general liability insurance in a form and in an amount the division
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1112  establishes by rule in collaboration with the board and in accordance with Title
1113  63G, Chapter 3, Utah Administrative Rulemaking Act;
1114  (ii) workers' compensation insurance that covers employees of the applicant in
1115  accordance with applicable Utah law;
1116  (iii) registration with the Division of Corporations and Commercial Code; and
1117  (iv) registration as required by applicable law with the:
1118  (A) Unemployment Insurance Division in the Department of Workforce Services,
1119  in accordance with Title 35A, Chapter 4, Employment Security Act;
1120  (B) State Tax Commission; and
1121  (C) Internal Revenue Service.
1122     (2) An application described in Subsection (1) shall include an affidavit that:
1123  (a) lists each of the applicant's officers, owners, proprietors, trustees, and responsible
1124  management personnel; and
1125  (b) a representative of the applicant signs and states under penalty of perjury that none
1126  of the listed parties:
1127  (i) have been convicted of:
1128  (A) a felony;
1129  (B) an act involving illegally using, carrying, or possessing a dangerous weapon;
1130  (C) an act of personal violence or force on a person or threatening to commit an
1131  act of personal violence or force against another person;
1132  (D) an act constituting dishonesty or fraud;
1133  (E) impersonating a peace officer; or
1134  (F) an act that, when considered with the functions and duties of a licensee under
1135  this chapter, bears a substantial relationship to the individual's ability to safely
1136  or competently perform the duties expected of a licensee or indicates that the
1137  best interests of the public are not served by granting the applicant a license;
1138  (ii) have been named in an outstanding arrest warrant; or
1139  (iii) are currently on probation, parole, community supervision, or named in an
1140  outstanding arrest warrant.
1141  Section 35. Section 58-93-304 is enacted to read:
1142  58-93-304 (Effective 09/01/26). Qualifications for licensure -- Bail enforcement
1143     agent and bail recovery agent.
1144     (1) In addition to the requirements of Section 58-93-302, an applicant for licensure as a bail
1145  enforcement agent or bail recovery agent shall:
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1146        (a) submit an application in a form the division approves;
1147        (b) pay a fee determined by the division under Section 63J-1-504;
1148        (c) file and maintain with the division evidence of a surety bond:
1149  (i) in an amount the division establishes by rule in collaboration with the board and in
1150  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1151  (ii) that shall remain in effect throughout the applicant's entire licensing period; and
1152  (iii) that provides that the issuer of the surety bond shall notify the division if the
1153  bond is cancelled or expires; and
1154        (d) provide proof to the division that the applicant has met each experience requirement
1155  for a bail enforcement agent under Section 58-93-307.
1156    (2) An applicant for a bail enforcement agent or bail recovery agent license who
1157        simultaneously acts as qualifier for a bail bond agency under Section 58-93-303, may
1158        fulfill the requirements of this section if the applicant is listed on the bail bond agency's
1159        surety bond.
1160  Section 36. Section 58-93-305 is enacted to read:
1161  58-93-305 (Effective 09/01/26). Qualifications for licensure -- Bail recovery
1162    apprentice.
1163       In addition to the requirements of Section 58-93-302, an applicant for licensure as a bail
1164    recovery apprentice shall:
1165    (1) be at least 18 years old;
1166    (2) submit an application in a form the division approves;
1167    (3) pay a fee determined by the department under Section 63J-1-504; and
1168    (4) identify the bail bond agency employing and responsible for supervising the applicant
1169        under Section 58-93-303.
1170  Section 37. Section 58-93-306 is enacted to read:
1171  58-93-306 (Effective 09/01/26). Initial and continuing training requirements.
1172    (1) An applicant under this chapter shall complete a training program of at least 16 hours
1173        the division approves in collaboration with the board and in accordance with Title 63G,
1174        Chapter 3, Utah Administrative Rulemaking Act, that includes:
1175        (a) instruction on the duties and responsibilities of a licensee under this chapter,
1176  including:
1177  (i) search, seizure, and arrest procedure;
1178  (ii) pursuit, arrest, detainment, and transportation of a bail bond suspect; and
1179  (iii) specific duties and responsibilities regarding entering an occupied structure to
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1180  carry out functions under this chapter;
1181  (b) the laws and rules relating to conduct regulated by this chapter;
1182  (c) the rights of the accused; and
1183  (d) ethics.
1184     (2) In addition to the training program described in Subsection (1), an applicant or licensee
1185  seeking to carry a firearm as a licensee shall:
1186  (a) hold a valid license to carry a concealed weapon issued under Section 53-5a-303; and
1187  (b) successfully complete firearms training requirements the division establishes by rule
1188  in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
1189  Administrative Rulemaking Act, including a minimum of 16 hours of training.
1190     (3) Before license renewal, a licensee shall have completed at least eight hours of
1191  continuing education that the division defines by rule in collaboration with the board,
1192  and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1193  Section 38. Section 58-93-307 is enacted to read:
1194  58-93-307 (Effective 09/01/26). Experience requirements.
1195     (1) In addition to the requirements of Section 58-93-304, an applicant for licensure as a bail
1196  enforcement agent shall have a minimum of 2,000 hours of experience consisting of
1197  either:
1198  (a) actual bail recovery work; or
1199  (b) work as a law enforcement officer for a federal, state, or local governmental agency.
1200     (2) In addition to the requirements of Section 58-93-304, an applicant for licensure as a bail
1201  recovery agent shall have a minimum of 1,000 hours of experience consisting of:
1202  (a) actual bail recovery work;
1203  (b) bail recovery work as a licensed bail recovery apprentice; or
1204  (c) work as a law enforcement officer for a federal, state, or local governmental agency.
1205     (3) An applicant shall substantiate the experience claimed under Subsection (1) or (2) in a
1206  form the division approves that includes:
1207  (a) the exact details as to the character and nature of the experience; and
1208  (b) information that will allow the division to verify the information the applicant
1209  presents.
1210     (4) If an applicant is unable to supply written certification of experience from an employer
1211  in whole or in part, an applicant may offer written certification from a person other than
1212  an employer covering the same subject matter for consideration by the division.
1213     (5) The burden of proving completion of the required experience is on the applicant and the
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1214        division may verify or reject any part of an applicant's certification under division rule
1215        under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1216  Section 39. Section 58-93-308 is enacted to read:
1217  58-93-308 (Effective 09/01/26). Qualification credit for specified training.
1218        The division may adopt rules in collaboration with the board, and in accordance with
1219    Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that exempt an applicant from
1220    meeting all or a portion of the training requirements of Section 58-93-306 or the experience
1221    requirements of Section 58-93-307 for licensure if the applicant:
1222    (1) holds a criminal justice bachelor's degree from an accredited college or university;
1223    (2) is certified to have successfully completed the state Peace Officers Standards and
1224        Training basic training course provided under Section 53-6-202; or
1225    (3) provides adequate proof of having successfully completed a training or experience
1226        substantially similar to the training and experience required under Section 58-93-306 or
1227        58-93-307.
1228  Section 40. Section 58-93-309 is enacted to read:
1229  58-93-309 (Effective 09/01/26). Replacement of qualifier.
1230        If the qualifier of a bail bond agency ceases to perform the qualifier's duties on a regular
1231    basis, the licensee shall:
1232    (1) notify the division in writing within 15 days after the day on which the qualifier ceases
1233        to perform the qualifier's duties on a regular basis; and
1234    (2) replace the qualifying agent within 60 days after the day on which the licensee notifies
1235        the division under Subsection (1).
1236  Section 41. Section 58-93-310 is enacted to read:
1237  58-93-310 (Effective 09/01/26). Identity cards -- Evidence of licensure.
1238    (1) When the division issues a license under this chapter, the division shall:
1239        (a) issue an identification card the design of which the division shall approve by rule in
1240  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1241        (b) indicate on the identification card's face that the holder is licensed to act as a bail
1242  bond enforcement agent or bail bond recovery agent.
1243    (2) The division shall issue an identification card under Section (1) without charge:
1244        (a) to the licensee if the licensee is an individual; or
1245        (b) to each licensed employee and contract employee if the licensee is a bail bond
1246  agency.
1247    (3) An identification card issued under this section is evidence the licensee and the
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1248  licensee's employees and contract employees are licensed under this chapter.
1249     (4) Within five days after the day on which a license terminates for any reason, the licensee
1250  shall mail or deliver a card issued under Subsection (2)(a) to the division for cancellation.
1251     (5) A licensed or contract employee shall return the identification card issued under
1252  Subsection (2)(b) upon termination of the licensed or contract employee's work
1253  relationship with the bail bond agency.
1254     (6) A licensee shall carry the identification card issued under Subsection (1) while engaging
1255  in an activity regulated under this chapter.
1256     (7) A licensee shall display the license upon the request of a peace officer, a representative
1257  of the division, or a member of the public.
1258  Section 42. Section 58-93-311 is enacted to read:
1259  58-93-311 (Effective 09/01/26). Operating standards -- Rulemaking.
1260        The division, in collaboration with the board, shall establish by rule in accordance with
1261     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, operating standards that shall
1262     apply to the conduct of a licensee under this chapter, including rules relating to use of
1263     uniforms, badges, insignia, designations, and representations used by or associated with a
1264     licensee's practice under this chapter.
1265  Section 43. Section 58-93-312 is enacted to read:
1266  58-93-312 (Effective 09/01/26). Status of license held on effective date of this
1267     chapter.
1268        On or after September 1, 2026, a person that holds a valid license under Title 53,
1269     Chapter 11, Bail Bond Recovery Act:
1270     (1) is subject to the following:
1271  (a) if the license the person holds on September 1, 2026, is a bail bond agency license
1272  under Title 53, Chapter 11, Bail Bond Recovery Act, the person is considered to have
1273  a bail bond agency license under this chapter;
1274  (b) if the license the person holds on September 1, 2026, is a bail enforcement agent
1275  license under Title 53, Chapter 11, Bail Bond Recovery Act, the person is considered
1276  to have a bail enforcement agent license under this chapter;
1277  (c) if the license the person holds on September 1, 2026, is a bail recovery agent license
1278  under Title 53, Chapter 11, Bail Bond Recovery Act, the person is considered to have
1279  a bail recovery agent license under this chapter; and
1280  (d) if the license the person holds on September 1, 2026, is a bail recovery apprentice
1281  license under Title 53, Chapter 11, Bail Bond Recovery Act, the person is considered
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1282  to have a bail recovery apprentice license under this chapter; and
1283    (2) is subject to this chapter.
1284  Section 44. Section 58-93-401 is enacted to read:
1285  Part 4. License Denial and Discipline
1286  58-93-401 (Effective 09/01/26). Grounds for denial of license -- Disciplinary
1287    proceedings.
1288    (1) Grounds for refusing to issue a license to an applicant, for refusing to renew the license
1289        of a licensee, for revoking, suspending, restricting, or placing on probation the license of
1290        a licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease
1291        and desist order shall be in accordance with Section 58-1-401.
1292    (2) A bail recovery apprentice employed by a bail bond agency at the time the division
1293        suspends or revokes the bail bond agency's license may obtain a reinstatement of the bail
1294        recovery apprentice's license without fee if:
1295        (a) the bail recovery apprentice did not engage in the conduct that led to the suspension
1296  or revocation; and
1297        (b) the bail recovery apprentice submits documentation that a new licensed agent
1298  supervises the bail recovery apprentice.
1299  Section 45. Section 58-93-501 is enacted to read:
1300  Part 5. Unlawful Conduct -- Unprofessional Conduct -- Penalties
1301  58-93-501 (Effective 09/01/26). Unlawful conduct.
1302        Unlawful conduct under this chapter includes:
1303    (1) a bail bond agency willfully or negligently employing the services of an unlicensed
1304        individual to engage in the work of a bail enforcement professional; and
1305    (2) an attempt to secure a license under this chapter through fraudulent or misleading
1306        means, including by:
1307        (a) omission of material facts or evidence;
1308        (b) filing with the division fingerprint cards for an applicant that are not the fingerprint
1309  cards of the applicant;
1310        (c) making a statement verbally or in written form that is false or fraudulent and
1311  intended to mislead the division in the division's consideration of the qualifications of
1312  the applicant for licensure;
1313        (d) practicing or engaging in, or attempting to practice or engage in, activity regulated
1314  by this chapter;
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1315  (e) impersonating, permitting, or aiding and abetting an employee to impersonate a law
1316  enforcement officer or employee of the United States, a state, or a political
1317  subdivision of a state;
1318  (f) knowingly violating, advising, encouraging, or assisting in the violation of a statute, a
1319  court order, or an injunction when engaging in conduct regulated under this chapter;
1320  or
1321  (g) knowingly employing another person to engage in or practice or attempt to engage in
1322  conduct regulated by this chapter, if the employee is not licensed to do so under this
1323  chapter.
1324  Section 46. Section 58-93-502 is enacted to read:
1325  58-93-502 (Effective 09/01/26). Unprofessional conduct.
1326        Unprofessional conduct under this chapter includes:
1327     (1)(a) failing, as a bail bond agency, to notify the division of the cessation of
1328  performance of the bail bond agency's qualifier; or
1329  (b) failing to replace the bail bond agency's qualifier, as required under Section
1330  58-93-309;
1331     (2) failing to carry or display a badge issued under Section 58-93-504;
1332     (3) employment, as a bail bond agency, or as a qualifier knowing that the individual has
1333  engaged in conduct that is inconsistent with the duties and responsibilities of a licensee
1334  under this chapter;
1335     (4) failing to comply with operating standards established by rule;
1336     (5) using any letterhead, advertising, or other printed matter in a manner representing that
1337  the licensee is an instrumentality of the federal government, a state, or any political
1338  subdivision of a state;
1339     (6) using a name different from that under which the licensee is currently licensed for an
1340  advertisement, a solicitation, or a contract to secure business unless the name is a D.B.A.;
1341     (7) falsifying fingerprints or photographs while operating under this chapter;
1342     (8) soliciting business for an attorney in return for compensation;
1343     (9) conviction for:
1344  (a) a felony;
1345  (b) an act involving illegally using, carrying, or possessing a dangerous weapon;
1346  (c) an act involving moral turpitude;
1347  (d) an act of personal violence or force against a person or threatening to commit an act
1348  of personal violence or force against a person;
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1349        (e) an act constituting dishonesty or fraud;
1350        (f) impersonating a peace officer;
1351        (g) an act of illegally obtaining or disseminating a private, controlled, or protected
1352  record under Section 63G-2-801; or
1353        (h) if the person is a bail bond agency, failing to pay bail funds to a court upon entry of a
1354  final judgment against the bail bond agency;
1355    (10) being placed on probation, parole, compensatory service, or named in an outstanding
1356        arrest warrant;
1357    (11) failing or refusing to cooperate with, failing to provide truthful information to, or
1358        refusing access to an authorized representative of the division engaged in an official
1359        investigation including the wrongful withholding of materials sought by the division
1360        through a subpoena duces tecum;
1361    (12) failure to maintain in full force the insurance and surety bond requirements of this
1362        chapter;
1363    (13) advertising in a false, deceptive, or misleading manner;
1364    (14) failing to identify the name, business address, and telephone number of the bail bond
1365        agency for which the licensee is an employee or an independent contractor;
1366    (15) failing to adhere to the licensee representation, badge, and identifying clothing
1367        requirements under Section 58-93-504;
1368    (16) failing to adhere to the requirements during search and seizure and notification of law
1369        enforcement agency provisions of Section 58-93-505; and
1370    (17) aiding, incentivizing, encouraging, or offering material aid to any person to violate this
1371        chapter.
1372  Section 47. Section 58-93-503 is enacted to read:
1373  58-93-503 (Effective 09/01/26). Penalties.
1374    (1) Subject to Subsection (2), an individual who commits an act of unlawful conduct under
1375        Subsection 58-1-501(1) or Section 58-93-501 or who fails to comply with a citation
1376        issued under this section after the citation becomes final is guilty of a class A
1377        misdemeanor.
1378    (2) The division may immediately suspend a license issued under this chapter of a person
1379        who is given a citation for engaging in unlawful acts under Subsection 58-1-501(1) or
1380        Section 58-93-501 upon determination that the nature of the action presents a reasonable
1381        ongoing threat to public health, safety, or welfare.
1382    (3) If, upon inspection or investigation, the division determines that a person has violated
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1383  Section 58-1-501, 58-93-501, or 58-93-502, a rule the division makes, or an order the
1384  division issues under Section 58-93-501 or 58-93-502, and that disciplinary action is
1385  warranted, the director or the director's designee within the division shall promptly issue
1386  a citation to the person and:
1387  (a) attempt to negotiate a stipulated settlement with the person; or
1388  (b) notify the person to appear for an adjudicative proceeding conducted in accordance
1389  with Title 63G, Chapter 4, Administrative Procedures Act.
1390     (4) The division may:
1391  (a) fine a person who violates Sections 58-1-501, 58-93-501, or 58-93-502, as evidenced
1392  by an uncontested citation, a stipulated settlement, or a finding of a violation in an
1393  adjudicative proceeding held under Subsection (3)(b);
1394  (b) order the person to cease and desist from the violation; or
1395  (c) take both actions described in Subsections (4)(a) and (b).
1396     (5) Except for a cease and desist order, the division may not impose the licensure sanctions
1397  listed in Section 58-1-401 by issuing a citation under this section.
1398     (6) A citation under this section shall:
1399  (a) describe the nature of the violation, including a reference to the allegedly violated
1400  statute, rule, or order;
1401  (b) state that the recipient must notify the division in writing within 20 calendar days
1402  after the day on which the division issues the citation if the recipient wants to contest
1403  the citation at the adjudicative proceeding described in Subsection (3)(b);
1404  (c) explain the consequences of failure to timely contest the citation or to make a
1405  payment of a fine assessed under the citation within the time specified in the citation;
1406  and
1407  (d) be in writing.
1408     (7)(a) The division may serve a citation issued under this section, or a copy of the
1409  citation, upon an individual who is subject to service of a summons under the Utah
1410  Rules of Civil Procedure.
1411  (b) The division may serve an individual personally or serve the individual's agent.
1412  (c) The division may serve the summons by:
1413  (i) a division investigator;
1414  (ii) a person designated by the director; or
1415  (iii) mail.
1416  (d) If within 20 days after the day on which the division serves a citation, the person to
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1417  whom the division issues the citation fails to request a hearing to contest the citation,
1418  the citation becomes the final order of the division and is not subject to further
1419  agency review.
1420        (e) The division may grant an extension of the 20-day period described in Subsection
1421  (7)(d) for cause.
1422        (f) The division may refuse to issue or renew, suspend, revoke, or place on probation the
1423  license of a licensee who fails to comply with a citation after the citation becomes
1424  final.
1425        (g) The division may not issue a citation for an alleged violation under this section after
1426  the expiration of one year after the day on which the division receives a report of the
1427  violation that is the subject of the citation.
1428    (8)(a) The director or the director's designee may assess a fine under this section as
1429        follows:
1430  (i) for a first offense under Subsection (3), a fine of up to $1,000;
1431  (ii) for a second offense under Subsection (3), a fine of up to $2,000; and
1432  (iii) for a subsequent offense under Subsection (3), a fine of up to $2,000 for each
1433  day of continued violation.
1434        (b) For purposes of issuing a final order under this section and assessing a fine under
1435  Subsection (8)(a), an offense is a second or subsequent offense if:
1436  (i) the division previously issued a final order determining that a person committed a
1437  first or second offense by violating Section 58-93-501 or 58-93-502; or
1438  (ii)(A) the division initiated an action for a first or second offense;
1439  (B) the division has not issued a final order in an action initiated under Subsection
1440  (8)(b)(ii)(A);
1441  (C) the division determines during an investigation that occurred after the
1442  initiation of the action under Subsection (8)(b)(ii)(A) that the person
1443  committed a second or subsequent violation of Section 58-93-501 or 58-93-502;
1444  and
1445  (D) after determining that the person committed a second or subsequent offense
1446  under Subsection (8)(b)(ii)(C), the division issues a final order on the action
1447  initiated under Subsection (8)(b)(ii)(A).
1448        (c) In issuing a final order for a second or subsequent offense under Subsection (8)(b),
1449  the division shall comply with the requirements of this section.
1450    (9)(a) The division shall deposit a fine the director imposes under Subsection (8)(a) into
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1451  the General Fund as a dedicated credit for use by the division for the purposes listed
1452  in Section 58-63-103.
1453  (b) The director may collect a fine that a person does not pay by:
1454  (i) referring the matter to a collection agency; or
1455  (ii) bringing an action in the district court of the county where the person against
1456  whom the penalty is imposed resides or in the county where the office of the
1457  director is located.
1458  (c) A county attorney or the attorney general of the state shall provide legal assistance
1459  and advice to the director in an action to collect a penalty.
1460  (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
1461  action brought by the division to collect a penalty under this Subsection (9).
1462  Section 48. Section 58-93-504 is enacted to read:
1463  58-93-504 (Effective 09/01/26). Licensee representations as a licensee -- Badge --
1464     Identifying clothing.
1465     (1) A licensee under this chapter may:
1466  (a) not wear a uniform, or use a title or identification card other than the one the division
1467  issues under this chapter; or
1468  (b) make a statement that would lead a reasonable person to believe the licensee is
1469  connected in any way with the federal government or a state or local governmental
1470  entity, unless the licensee has received authorization in writing from one of those
1471  governmental authorities to do so.
1472     (2) A licensee may possess a badge of a design the division and board approve for use by a
1473  licensee.
1474     (3) The licensee shall wear the badge under Subsection (2) in a manner that prevents the
1475  accidental or inadvertent display of the badge to a person in the presence of the licensee.
1476     (4) The licensee may display the badge under Subsection (2) only if:
1477  (a) the licensee is also at the same time wearing an article of clothing that conspicuously
1478  displays on the chest and back of the article of clothing lettering that clearly identifies
1479  the licensee as a bail enforcement or recovery agent;
1480  (b) the licensee also displays the licensee's identification card described in Section
1481  58-93-310:
1482  (i) upon request, while acting as a bail enforcement agent; or
1483  (ii) as necessary for the licensee to demonstrate authority while acting as a bail
1484  enforcement agent;
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1485        (c) the licensee is making a planned apprehension of a defendant, and the licensee is also
1486  wearing an article of clothing described in Subsection (4)(a) or (5);
1487        (d) the licensee is making an apprehension that is unplanned and under exigent
1488  circumstances, and the licensee is not wearing clothing described in Subsection (4)(a)
1489  or (5); or
1490        (e) the licensee is acting as a bail enforcement agent but is not engaged in a planned
1491  apprehension or in another situation that does not require that the agent be wearing
1492  clothing as described in Subsection (4)(a) or (5) in order to display the badge.
1493    (5) A licensee may wear a jacket of a distinctive design or style that bears a printed,
1494        embroidered, or otherwise permanently attached symbol, emblem, or insignia that:
1495        (a) clearly identifies the wearer as a bail enforcement or recovery agent; and
1496        (b) the division and the board approve.
1497    (6) When a licensee is acting as a bail enforcement agent and interacts with a law
1498        enforcement officer, the licensee shall, at the first opportunity:
1499        (a) identify the bail enforcement agent to the law enforcement officer; and
1500        (b) provide identification as a bail enforcement agent.
1501    (7) If a bail enforcement agent engages in an immediate apprehension and does not have a
1502        reasonable opportunity to wear clothing or a badge that identifies the licensee as a bail
1503        enforcement agent, the bail enforcement agent shall:
1504        (a) identify the bail enforcement agent as a bail enforcement agent; and
1505        (b) as soon as practicable, wear clothing that identifies the bail enforcement agent as a
1506  bail enforcement agent or a badge described in Subsection (2).
1507  Section 49. Section 58-93-505 is enacted to read:
1508  58-93-505 (Effective 09/01/26). Requirements during search and seizure --
1509    Notification of law enforcement agency.
1510    (1) A bail enforcement agent, bail recovery agent, or bail recovery apprentice shall observe
1511        the following requirements when taking action authorized under this chapter:
1512        (a) a licensee shall identify the licensee as a bail enforcement agent, bail recovery agent,
1513  or bail recovery apprentice; and
1514        (b) the licensee shall notify the local law enforcement agency if the search or
1515  apprehension was conducted in an occupied structure within that law enforcement
1516  agency's jurisdiction as soon as reasonably possible in accordance with Subsection (2).
1517    (2)(a) When possible, a licensee shall notify local law enforcement under Subsection
1518        (1)(b) before taking action, but always within 4 hours after taking action.
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1519  (b) When a bail enforcement agent or bail recovery agent is preparing to enter an
1520  occupied structure to carry out an arrest, the bail enforcement agent or bail recovery
1521  agent shall verbally advise the local law enforcement agency of the agent's location
1522  and intended action before acting.
1523     (3) A bail enforcement agent, bail recovery agent, and bail recovery apprentice shall:
1524  (a) carry a written document providing proof and cause for the actions the bail
1525  enforcement agent, bail recovery agent, and bail recovery apprentice takes as a
1526  licensee; and
1527  (b) make the document described in Subsection (3)(a) available to local law enforcement
1528  agencies upon request.
1529  Section 50. Section 58-93-601 is enacted to read:
1530  Part 6. Regulatory Jurisdiction
1531  58-93-601 (Effective 09/01/26). State preemption of local regulation.
1532     (1) A political subdivision of this state may not enact any legislation, code, or ordinance, or
1533  make any rules relating to the licensing, training, or regulation of a person engaging in
1534  an activity regulated under this chapter.
1535     (2) Any legislation, code, ordinance, or rule made by any political subdivision of this state,
1536  relating to the licensing, training, or regulation of a person engaging in an activity
1537  regulated under this chapter is superseded by this chapter.
1538  Section 51. Section 63I-1-253 is amended to read:
1539  63I-1-253 (Effective 09/01/26). Repeal dates: Titles 53 through 53G.
1540     (1) Section 53-1-122, Road Rage Awareness and Prevention Restricted Account, is
1541  repealed July 1, 2028.
1542     (2) Section 53-2a-105, Emergency Management Administration Council created --
1543  Function -- Composition -- Expenses, is repealed July 1, 2029.
1544     (3) Section 53-2a-1103, Search and Rescue Advisory Board -- Members -- Compensation,
1545  is repealed July 1, 2030.
1546     (4) Section 53-2a-1104, General duties of the Search and Rescue Advisory Board, is
1547  repealed July 1, 2027.
1548     (5) Title 53, Chapter 2a, Part 15, Grid Resilience Committee, is repealed July 1, 2027.
1549     (6) Section 53-2d-104, State Emergency Medical Services Committee -- Membership --
1550  Expenses, is repealed July 1, 2029.
1551     (7) Section 53-2d-503, Establishment of maximum rates, is repealed July 1, 2027.
1552     (8) Section 53-5a-302, Concealed Firearm Review Board -- Membership -- Compensation
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1553        -- Terms -- Duties, is repealed July 1, 2029.
1554    (9) Section [53-11-104] 58-93-201, Board, is repealed July 1, 2029.
1555    (10) Title 53, Chapter 31, Department Interaction With Local Law Enforcement, is repealed
1556        July 1, 2027.
1557    (11) Subsection 53C-3-203(4)(b)(vii), regarding the distribution of money from the Land
1558        Exchange Distribution Account to the Geological Survey for test wells and other
1559        hydrologic studies in the West Desert, is repealed July 1, 2030.
1560    (12) Subsection 53E-1-201(1)(q), regarding the Higher Education and Corrections Council,
1561        is repealed July 1, 2027.
1562    (13) Subsection 53E-2-304(6), regarding foreclosing a private right of action or waiver of
1563        governmental immunity, is repealed July 1, 2027.
1564    (14) Subsection 53E-3-503(5), regarding coordinating councils for youth in care, is
1565        repealed July 1, 2027.
1566    (15) Subsection 53E-3-503(6), regarding coordinating councils for youth in care, is
1567        repealed July 1, 2027.
1568    (16) Subsection 53E-4-202(8)(b), regarding a standards review committee, is repealed
1569        January 1, 2028.
1570    (17) Section 53E-4-203, Standards review committee, is repealed January 1, 2028.
1571    (18) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
1572        repealed July 1, 2033.
1573    (19) Subsection 53E-7-207(7), regarding a private right of action or waiver of governmental
1574        immunity, is repealed July 1, 2027.
1575    (20) Section 53F-5-215, Elementary teacher preparation assessment grant, is repealed July
1576        1, 2028.
1577    (21) Section 53F-5-219, Local Innovations Civics Education Pilot Program, is repealed July
1578        1, 2026.
1579    (22) Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel, is repealed July 1,
1580        2027.
1581    (23) Subsection 53G-4-608(2)(b), regarding the Utah Seismic Safety Commission, is
1582        repealed January 1, 2025.
1583    (24) Subsection 53G-4-608(4)(b), regarding the Utah Seismic Safety Commission, is
1584        repealed January 1, 2025.
1585    (25) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
1586    (26) Subsection 53G-9-703(4), regarding the parental video presentation concerning student
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1587  use of technology, is repealed January 1, 2030.
1588     (27) Subsection 53H-1-402(1)(j), regarding the Higher Education and Corrections Council,
1589  is repealed July 1, 2027.
1590     (28) Section 53H-1-604, Higher Education and Corrections Council, is repealed July 1,
1591  2027.
1592     (29) Subsection 53H-4-210(3), regarding the creation of the SafeUT and School Safety
1593  Commission, is repealed January 1, 2030.
1594     (30) Subsection 53H-4-210(4), regarding the appointment of the members of the SafeUT
1595  and School Safety Commission, is repealed January 1, 2030.
1596     (31) Subsection 53H-4-210(5), regarding the attorney general designating the chair of the
1597  SafeUT and School Safety Commission, is repealed January 1, 2030.
1598     (32) Subsection 53H-4-210(6), regarding the quorum requirements of the SafeUT and
1599  School Safety Commission, is repealed January 1, 2030.
1600     (33) Subsection 53H-4-210(7), regarding a formal action of the SafeUT and School Safety
1601  Commission, is repealed January 1, 2030.
1602     (34) Subsection 53H-4-210(8), regarding compensation for members of the SafeUT and
1603  School Safety Commission, is repealed January 1, 2030.
1604     (35) Subsection 53H-4-210(9), regarding the support staff for the SafeUT and School
1605  Safety Commission, is repealed January 1, 2030.
1606     (36) Section 53H-4-306.1, Definitions -- Electrification of Transportation Infrastructure
1607  Research Center, is repealed July 1, 2028.
1608     (37) Section 53H-4-306.2, Electrification of Transportation Infrastructure Research Center
1609  -- Designation -- Duties, is repealed July 1, 2028.
1610     (38) Section 53H-4-306.3, Electrification of Transportation Infrastructure Research Center
1611  -- Steering committee, is repealed July 1, 2028.
1612     (39) Section 53H-4-306.4, Electrification of Transportation Infrastructure Research Center
1613  -- Industry advisory board, is repealed July 1, 2028.
1614     (40) Section 53H-4-306.5, Electrification of Transportation Infrastructure Research Center
1615  -- Duties of the project director, is repealed July 1, 2028.
1616     (41) Section 53H-4-306.6, Electrification of Transportation Infrastructure Research Center
1617  -- Project development and strategic objectives -- Reporting requirements, is repealed
1618  July 1, 2028.
1619     (42) Section 53H-4-307.1, Center for Civic Excellence, is repealed July 1, 2030.
1620     (43) Section 53H-4-307.2, Center for Civic Excellence -- Duties -- Authority, is repealed
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1621        July 1, 2030.
1622    (44) Section 53H-4-307.3, Center for Civic Excellence -- Leadership, is repealed July 1,
1623        2030.
1624    (45) Section 53H-4-307.4, Center for Civic Excellence -- Faculty, is repealed July 1, 2030.
1625    (46) Section 53H-4-307.5, Center for Civic Excellence -- Curriculum, is repealed July 1,
1626        2030.
1627    (47) Section 53H-4-307.6, Center for Civic Excellence -- Oversight -- Reporting, is
1628        repealed July 1, 2030.
1629    (48) Section 53H-4-313, Food Security Council, is repealed July 1, 2027.
1630    (49) Section 53H-8-305, Five-year performance goals, is repealed July 1, 2027.
1631    (50) Title 53H, Chapter 10, Part 4, Education Savings Incentive Program, is repealed July
1632        1, 2028.
1633  Section 52. Section 76-5-106.5 is amended to read:
1634  76-5-106.5 (Effective 09/01/26). Stalking -- Definitions -- Injunction -- Penalties
1635    -- Duties of law enforcement officer.
1636    (1)(a) As used in this section:
1637  (i) "Course of conduct" means two or more acts directed at or toward a specific
1638  individual, including:
1639  (A) acts in which the actor follows, monitors, observes, photographs, surveils,
1640  threatens, or communicates to or about an individual, or interferes with an
1641  individual's property:
1642  (I) directly, indirectly, or through any third party; and
1643  (II) by any action, method, device, or means; or
1644  (B) when the actor engages in any of the following acts or causes someone else to
1645  engage in any of these acts:
1646  (I) approaches or confronts an individual;
1647  (II) appears at the individual's workplace or contacts the individual's employer
1648  or coworker;
1649  (III) appears at an individual's residence or contacts an individual's neighbor, or
1650  enters property owned, leased, or occupied by an individual;
1651  (IV) sends material by any means to the individual or for the purpose of
1652  obtaining or disseminating information about or communicating with the
1653  individual to a member of the individual's family or household, employer,
1654  coworker, friend, or associate of the individual;
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1655  (V) places an object on or delivers an object to property owned, leased, or
1656  occupied by an individual, or to the individual's place of employment with
1657  the intent that the object be delivered to the individual; or
1658  (VI) uses a computer, the Internet, text messaging, or any other electronic
1659  means to commit an act that is a part of the course of conduct.
1660  (ii)(A) "Emotional distress" means significant mental or psychological suffering,
1661  whether or not medical or other professional treatment or counseling is
1662  required.
1663  (B) "Emotional distress" includes significant mental or psychological suffering
1664  resulting from harm to an animal.
1665  (iii) "Immediate family" means a spouse, parent, child, sibling, or any other
1666  individual who regularly resides in the household or who regularly resided in the
1667  household within the prior six months.
1668  (iv) "Private investigator" means the same as that term is defined in Section
1669  76-12-305.
1670  (v) "Reasonable person" means a reasonable person in the victim's circumstances.
1671  (vi) "Stalking" means an offense as described in Subsection (2).
1672  (vii) "Text messaging" means a communication in the form of electronic text or one
1673  or more electronic images sent by the actor from a telephone or computer to
1674  another individual's telephone or computer by addressing the communication to
1675  the recipient's telephone number.
1676  (b) Terms defined in Section 76-1-101.5 apply to this section.
1677     (2) An actor commits stalking if the actor intentionally or knowingly:
1678  (a) engages in a course of conduct directed at a specific individual and knows or is
1679  reckless as to whether the course of conduct would cause a reasonable person:
1680  (i) to fear for the individual's own safety or the safety of a third individual; or
1681  (ii) to suffer other emotional distress; or
1682  (b) violates:
1683  (i) a stalking injunction issued under Title 78B, Chapter 7, Part 7, Civil Stalking
1684  Injunctions; or
1685  (ii) a permanent criminal stalking injunction issued under Title 78B, Chapter 7, Part 9,
1686  Criminal Stalking Injunctions.
1687     (3)(a) A violation of Subsection (2) is a class A misdemeanor:
1688  (i) upon the actor's first violation of Subsection (2); or
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1689  (ii) if the actor violated a stalking injunction issued under Title 78B, Chapter 7, Part 7,
1690  Civil Stalking Injunctions.
1691        (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
1692  felony if the actor:
1693  (i) has been previously convicted of an offense of stalking;
1694  (ii) has been previously convicted in another jurisdiction of an offense that is
1695  substantially similar to the offense of stalking;
1696  (iii) has been previously convicted of any felony offense in Utah or of any crime in
1697  another jurisdiction which if committed in Utah would be a felony, in which the
1698  victim of the stalking offense or a member of the victim's immediate family was
1699  also a victim of the previous felony offense;
1700  (iv) violated a permanent criminal stalking injunction issued under Title 78B,
1701  Chapter 7, Part 9, Criminal Stalking Injunctions; or
1702  (v) has been or is at the time of the offense a cohabitant, as defined in Section
1703  78B-7-102, of the victim.
1704        (c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a second
1705  degree felony if the actor:
1706  (i) used a dangerous weapon or used other means or force likely to produce death or
1707  serious bodily injury, in the commission of the crime of stalking;
1708  (ii) has been previously convicted two or more times of the offense of stalking;
1709  (iii) has been convicted two or more times in another jurisdiction or jurisdictions of
1710  offenses that are substantially similar to the offense of stalking;
1711  (iv) has been convicted two or more times, in any combination, of offenses under
1712  Subsection (3)(b)(i), (ii), or (iii);
1713  (v) has been previously convicted two or more times of felony offenses in Utah or of
1714  crimes in another jurisdiction or jurisdictions which, if committed in Utah, would
1715  be felonies, in which the victim of the stalking was also a victim of the previous
1716  felony offenses; or
1717  (vi) has been previously convicted of an offense under Subsection (3)(b)(iv) or (v).
1718    (4) In a prosecution under this section, it is not a defense that the actor:
1719        (a) was not given actual notice that the course of conduct was unwanted; or
1720        (b) did not intend to cause the victim fear or other emotional distress.
1721    (5) An offense of stalking may be prosecuted under this section in any jurisdiction where
1722        one or more of the acts that is part of the course of conduct was initiated or caused an
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1723  effect on the victim.
1724     (6)(a) Except as provided in Subsection (6)(b), an actor does not violate this section if:
1725  (i) the actor is acting:
1726  (A) in the actor's official capacity as a law enforcement officer, governmental
1727  investigator, or private investigator; and
1728  (B) for a legitimate official or business purpose; or
1729  (ii)(A) the actor is the owner of a business;
1730  (B) the actor engages in a course of conduct that is reasonable and necessary to
1731  protect the actor's ownership interest in the business;
1732  (C) the conduct is not directed at a cohabitant, as that term is defined in Section
1733  78B-7-102; and
1734  (D) the actor's conduct does not violate any other provision of this code.
1735  (b) A private investigator is not exempt from this section if the private investigator
1736  engages in conduct that would constitute a ground for [disciplinary action] the denial
1737  of a license under Section [53-9-118] 58-92-401.
1738     (7)(a) A permanent criminal stalking injunction limiting the contact between the actor
1739  and victim may be filed in accordance with Section 78B-7-902.
1740  (b) This section does not preclude the filing of criminal information for stalking based
1741  on the same act which is the basis for the violation of the stalking injunction issued
1742  under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or a permanent
1743  criminal stalking injunction issued under Title 78B, Chapter 7, Part 9, Criminal
1744  Stalking Injunctions.
1745     (8)(a) A law enforcement officer who responds to an allegation of stalking shall use all
1746  reasonable means to protect the victim and prevent further violence, including:
1747  (i) taking action that, in the officer's discretion, is reasonably necessary to provide for
1748  the safety of the victim and any family or household member;
1749  (ii) confiscating the weapon or weapons involved in the alleged stalking;
1750  (iii) making arrangements for the victim and any child to obtain emergency housing
1751  or shelter;
1752  (iv) providing protection while the victim removes essential personal effects;
1753  (v) arranging, facilitating, or providing for the victim and any child to obtain medical
1754  treatment; and
1755  (vi) arranging, facilitating, or providing the victim with immediate and adequate
1756  notice of the rights of victims and of the remedies and services available to
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1757  victims of stalking, in accordance with Subsection (8)(b).
1758        (b)(i) A law enforcement officer shall give written notice to the victim in simple
1759  language, describing the rights and remedies available under this section and Title
1760  78B, Chapter 7, Part 7, Civil Stalking Injunctions.
1761  (ii) The written notice shall also include:
1762  (A) a statement that the forms needed in order to obtain a stalking injunction are
1763  available from the court clerk's office in the judicial district where the victim
1764  resides or is temporarily domiciled; and
1765  (B) a list of shelters, services, and resources available in the appropriate
1766  community, together with telephone numbers, to assist the victim in accessing
1767  any needed assistance.
1768        (c) If a weapon is confiscated under this Subsection (8), the law enforcement agency
1769  shall return the weapon to the individual from whom the weapon is confiscated if a
1770  stalking injunction is not issued or once the stalking injunction is terminated.
1771  Section 53. Section 76-12-305 is amended to read:
1772  76-12-305 (Effective 09/01/26). Unlawful installation of a tracking device.
1773    (1)(a) As used in this section:
1774  (i) "Jail release court order" means the same as that term is defined in Section
1775  78B-7-801.
1776  [(i)] (ii) "Motor vehicle" means the same as that term is defined in Subsection
1777  41-12a-103(4).
1778  [(ii)] (iii) "Private investigator" means an individual who is:
1779  (A) licensed as a private investigator under [Title 53, Chapter 9, Private
1780  Investigator Regulation Act] Title 58, Chapter 92, Private Investigation
1781  Licensing Act; and
1782  (B) acting in the capacity of a private investigator.
1783  [(iii)] (iv) "Protective order" means a protective order, stalking injunction, [or ]
1784  restraining order, or jail release court order issued by a court of any jurisdiction.
1785  [(iv)] (v)(A) "Tracking device" means a device used for the primary purpose of
1786  revealing the device's location or movement by the transmission or recording
1787  of an electronic signal.
1788  (B) "Tracking device" does not include location technology installed on a vehicle
1789  by the vehicle manufacturer or a commercial vehicle dealer that transmits
1790  electronic signals for the purpose of data collection, if the data collection is
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1791  anonymized.
1792  (b) Terms defined in Sections 76-1-101.5, 76-12-101, and 76-12-301 apply to this
1793  section.
1794     (2) Except as provided in Subsection (4), an actor commits unlawful installation of a
1795  tracking device if the actor knowingly installs, or directs another to install, a tracking
1796  device on a motor vehicle owned or leased by another person, without the permission of
1797  the owner or lessee of the vehicle.
1798     (3) A violation of Subsection (2) is a class A misdemeanor.
1799     (4) An actor does not commit a violation of Subsection (2) if the actor:
1800  (a)(i) is a licensed private investigator installing the tracking device for a legitimate
1801  business purpose; and
1802  (ii) installs the tracking device on a motor vehicle that is not:
1803  (A) owned or leased by an individual under the protection of a protective order; or
1804  (B) operated by an individual under the protection of a protective order who
1805  resides with[, or is an immediate family member of, ] the owner or lessee of the
1806  motor vehicle; or
1807  (b) installs the tracking device [pursuant to] in accordance with a court order.
1808     (5) This section does not apply to a peace officer, acting in the peace officer's official
1809  capacity, who installs a tracking device on a motor vehicle in the course of a criminal
1810  investigation or [pursuant to] in accordance with a court order.
1811     (6) Before installing a tracking device on a motor vehicle under Subsection (4), a private
1812  investigator shall request confirmation from a state entity, including a law enforcement
1813  agency, the Bureau of Criminal Identification, or a court, with access to [updated ]
1814  protective order records, that:
1815  (a) the owner or lessee of the vehicle is not under the protection of a protective order; and
1816  (b) an individual who resides with[, or is an immediate family member of,] the owner or
1817  lessee of the motor vehicle is not under the protection of a protective order.
1818     (7) On request from a licensed private investigator, a state entity, including a law
1819  enforcement agency, the Bureau of Criminal Identification, or a court, with access to
1820  protective order records shall confirm or deny the existence of a protective order,
1821  disclosing only whether an individual named by the private investigator is under the
1822  protection of a protective order issued in any jurisdiction.
1823     (8) A private investigator may not disclose the information obtained under Subsection (7) to
1824  any person, except as permitted by law.
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1825    (9) On request from the [Bureau of Criminal Identification] Division of Professional
1826        Licensing, a private investigator who installs a tracking device on a motor vehicle shall
1827        disclose the purpose of the tracking device to the [Bureau of Criminal Identification]
1828        Division of Professional Licensing.
1829    (10)(a) A person, or the heirs of a deceased person, who has been injured by a violation
1830        of this section may bring an action against the actor who committed the violation.
1831        (b) If in the action described in Subsection (10)(a) the court finds the defendant is
1832  violating or has violated any of the provisions of this section, the court shall enjoin
1833  the defendant from a continued violation.
1834        (c) It is not necessary that actual damages to the plaintiff be alleged or proved, but if
1835  damages are alleged and proved, the plaintiff in the action is entitled to recover from
1836  the defendant the actual damages sustained, if any, in addition to injunctive relief.
1837        (d) A finding that the defendant is in violation of this section entitles the plaintiff to an
1838  award of reasonable attorney fees.
1839        (e) Exemplary damages may be awarded when the violation is found to be malicious.
1840  Section 54. Section 77-20-503 is amended to read:
1841  77-20-503 (Effective 09/01/26). Surrender of defendant by surety -- Arrest of
1842    defendant.
1843    (1)(a)(i) A surety may at any time prior to a defendant's failure to appear, surrender
1844        the defendant and obtain an exoneration of the bail bond by notifying the clerk of
1845        the court in which the bail bond was posted of the defendant's surrender and
1846        requesting exoneration.
1847  (ii) Notification shall be made immediately following the surrender by mail, email, or
1848  fax.
1849        (b) To effect surrender of the defendant, a certified copy of the surety's bail bond from
1850  the court in which the bail bond was posted or a copy of the bail bond agreement with
1851  the defendant shall be delivered to the on-duty jailer, who shall:
1852  (i) detain the defendant in the on-duty jailer's custody as upon a commitment; and
1853  (ii) in writing acknowledge the surrender upon the copy of the bail bond or bail bond
1854  agreement.
1855        (c) The certified copy of the bail bond or copy of the bail bond agreement upon which
1856  the acknowledgment of surrender is endorsed shall be filed with the court.
1857        (d) Upon a filing described in Subsection (1)(c), the court, upon proper application, may:
1858  (i) exonerate the bail bond; and
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1859  (ii) order a refund of any paid premium, or part of a premium, as the court finds just.
1860     (2) For the purpose of surrendering the defendant, the surety may:
1861  (a) arrest the defendant:
1862  (i) at any time before the defendant is finally exonerated; and
1863  (ii) at any place within the state; and
1864  (b) surrender the defendant to any county jail booking facility in Utah.
1865     (3) An arrest under this section is not a basis for exoneration of the bail bond under Section
1866  77-20-504.
1867     (4) A surety acting under this section is subject to [Title 53, Chapter 11, Bail Bond
1868  Recovery Act] Title 58, Chapter 93, Bail Bond Licensing Act.
1869  Section 55. Section 78B-6-812 is amended to read:
1870  78B-6-812 (Effective 09/01/26). Order of restitution -- Service -- Enforcement --
1871     Disposition of personal property -- Hearing.
1872     (1) As used in this section:
1873  (a) "Personal animal" means a domestic dog, cat, rabbit, bird, or other animal that is kept
1874  solely as a pet and is not a production animal.
1875  (b)(i) "Production animal" means a live, nonhuman vertebrate member of the
1876  biological kingdom Animalia used for the purpose of producing, or being sold to
1877  another for the purpose of producing, food, fiber, or another commercial product.
1878  (ii) "Production animal" includes:
1879  (A) cattle;
1880  (B) sheep;
1881  (C) goats;
1882  (D) swine;
1883  (E) poultry;
1884  (F) ratites;
1885  (G) equines;
1886  (H) domestic cervidae;
1887  (I) cameliadae;
1888  (J) a guard dog;
1889  (K) a stock dog;
1890  (L) a livestock guardian dog; and
1891  (M) a fur bearing animal kept for the purpose of commercial fur production.
1892     (2) An order of restitution shall:
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1893        (a) direct the defendant to vacate the premises, remove the defendant's personal
1894  property, and restore possession of the premises to the plaintiff, or be forcibly
1895  removed by a sheriff or constable;
1896        (b) advise the defendant that the defendant has three calendar days after service of the
1897  order to vacate the premises, unless:
1898  (i) a constable or sheriff of the county where the premises are located immediately
1899  returns possession of the property to the plaintiff as described in Subsection
1900  78B-6-810(3)(d);
1901  (ii) the plaintiff and defendant agree otherwise; or
1902  (iii) the court issues an order in accordance with Subsection 78B-6-810(4); and
1903        (c) advise the defendant of the defendant's right to a hearing to contest the manner of the
1904  order of restitution's enforcement.
1905    (3)(a) A person authorized to serve process under Subsection [78B-8-302(2)]
1906        78B-8-302(3) shall serve, in accordance with Section 78B-6-805, a copy of the order
1907        of restitution and a form for the defendant to request a hearing as listed on the form.
1908        (b) A defendant's request for hearing or other pleading may not stay enforcement of the
1909  restitution order unless:
1910  (i) the defendant furnishes a corporate bond, cash bond, certified funds, or a property
1911  bond to the clerk of the court in an amount approved by the court according to
1912  Subsection 78B-6-808(4)(b); and
1913  (ii) the court orders that the restitution order be stayed.
1914        (c) The person serving the order and the form shall legibly write the date of service and
1915  the person's name, title, signature, and telephone number on the copy of the order and
1916  the form served on the defendant.
1917        (d) The person serving the order and the form shall file proof of service in accordance
1918  with Rule 4(e), Utah Rules of Civil Procedure.
1919    (4)(a) If the defendant fails to comply with the order within the time prescribed by the
1920        court, a sheriff or constable at the plaintiff's direction may enter the premises by force
1921        using the least destructive means possible to remove the defendant.
1922        (b)(i) The sheriff or constable may remove personal property remaining in the leased
1923  property from the premises and transport the personal property to a suitable
1924  location for safe storage.
1925  (ii)(A) The sheriff or constable may delegate responsibility for inventory, moving,
1926  and storage to the plaintiff.
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1927  (B) If the sheriff or constable delegates responsibility as described in this
1928  Subsection (4)(b)(ii), the plaintiff shall store the personal property in a suitable
1929  place and in a reasonable manner.
1930  (c) A tenant may not access the property until the tenant pays the removal and storage
1931  costs in full, except that the landlord, sheriff, or constable shall provide the tenant
1932  reasonable access to the property within five business days after the day on which the
1933  sheriff or constable removes the tenant to retrieve:
1934  (i) clothing;
1935  (ii) identification;
1936  (iii) financial documents, including all those related to the tenant's immigration status
1937  or employment status;
1938  (iv) documents pertaining to receipt of public services; and
1939  (v) medical information, prescription medications, and any medical equipment
1940  required for maintenance of medical needs.
1941  (d) The personal property removed and stored is considered abandoned property and
1942  subject to Section 78B-6-816.
1943  (e) If a personal animal is on the premises, the sheriff or constable executing the order of
1944  restitution shall give the personal animal to the tenant, if the tenant is present.
1945  (f) If the tenant is not present when the order of restitution is enforced:
1946  (i) the sheriff, constable, or landlord shall notify the local animal control authority to
1947  take custody of the personal animal;
1948  (ii) the animal control authority shall respond to take custody of the personal animal
1949  within one business day after the day on which the sheriff, constable, or landlord
1950  provides the notice described in Subsection (4)(f)(i);
1951  (iii) the animal control authority or organization where the personal animal is taken
1952  shall apply the same standards described in Section 11-46-103;
1953  (iv) the landlord shall provide the animal control authority with the name and last
1954  known contact information of the tenant; and
1955  (v) the animal control authority shall post a notice at the premises in a visible place
1956  with the name and contact information of the animal control authority or
1957  organization where the personal animal is taken.
1958     (5)(a) In the event of a dispute concerning the manner of enforcement of the restitution
1959  order, either party may file a request for a hearing.
1960  (b) The court shall:
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1961  (i) set the matter for hearing:
1962  (A) within 10 calendar days after the day on which the defendant files the request
1963  for a hearing; or
1964  (B) as soon as practicable, if the court is unable to set the matter within the time
1965  described in Subsection (5)(b)(i)(A); and
1966  (ii) provide notice of the hearing to the parties.
1967    (6) The Judicial Council shall draft the forms necessary to implement this section.
1968  Section 56. Section 78B-8-302 is amended to read:
1969  78B-8-302 (Effective 09/01/26). Process servers.
1970    (1) As used in this section:
1971        (a) "Private investigator agent" means the same as that term is defined in Section
1972  58-92-101.
1973        (b) "Private investigator apprentice" means the same as that term is defined in Section
1974  58-92-101.
1975        (c) "Private investigator registrant" means the same as that term is defined in Section
1976  58-92-101.
1977    [(1)] (2) A complaint, a summons, or a subpoena may be served by an individual who is:
1978        (a) 18 years old or older at the time of service; and
1979        (b) not a party to the action or a party's attorney.
1980    [(2)] (3) Except as provided in Subsection [(5)] (6), the following may serve all process
1981        issued by the courts of this state:
1982        (a) a peace officer employed by a political subdivision of the state acting within the
1983  scope and jurisdiction of the peace officer's employment;
1984        (b) a sheriff or appointed deputy sheriff employed by a county of the state;
1985        (c) a constable, or the constable's deputy, serving in compliance with applicable law;
1986        (d) an investigator employed by the state and authorized by law to serve civil process; or
1987        (e) a private investigator agent, private investigator registrant, or private investigator
1988  apprentice licensed in accordance with [Title 53, Chapter 9, Private Investigator
1989  Regulation Act] Title 58, Chapter 92, Private Investigation Licensing Act.
1990    [(3)] (4) A private investigator agent, private investigator registrant, or private investigator
1991        apprentice licensed in accordance with [Title 53, Chapter 9, Private Investigator
1992        Regulation Act] Title 58, Chapter 92, Private Investigation Licensing Act, may not make
1993        an arrest pursuant to a bench warrant.
1994    [(4)] (5) While serving process, a private investigator agent, private investigator registrant,
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1995  or private investigator apprentice shall:
1996  [(a) have on the investigator's body a visible form of credentials and identification
1997  identifying:]
1998  [(i) the investigator's name;]
1999  [(ii) that the investigator is a licensed private investigator; and]
2000  [(iii) the name and address of the agency employing the investigator or, if the
2001  investigator is self-employed, the address of the investigator's place of business;]
2002  [(b)] (a) verbally communicate to the person being served that the investigator is acting
2003  as a process server; and
2004  [(c)] (b) print on the first page of each document served[:]
2005  [(i)] the [investigator's] private investigator agent's, private investigator registrant's, or
2006  private investigator apprentice's name and [identification] license number as a
2007  private investigator[; and] agent, private investigator registrant, or private
2008  investigator apprentice.
2009  [(ii) the address and phone number for the investigator's place of business.]
2010     [(5)] (6) The following may only serve process under this section when the use of force is
2011  authorized on the face of the document, or when a breach of the peace is imminent or
2012  likely under the totality of the circumstances:
2013  (a) a law enforcement officer, as defined in Section 53-13-103; or
2014  (b) a special function officer, as defined in Section 53-13-105, who is:
2015  (i) employed as an appointed deputy sheriff by a county of the state; or
2016  (ii) a constable.
2017     [(6)] (7) The following may not serve process issued by a court:
2018  (a) an individual convicted of a felony violation of an offense that would result in the
2019  individual being a sex offender under Subsection 53-29-202(2)(b); or
2020  (b) an individual who is a respondent in a proceeding described in Title 78B, Chapter 7,
2021  Protective Orders and Stalking Injunctions, in which a court has granted the
2022  petitioner a protective order.
2023     [(7)] (8) An individual serving process shall:
2024  (a) legibly document the date and time of service on the front page of the document
2025  being served;
2026  (b) legibly print the process server's name, address, and telephone number on the return
2027  of service;
2028  (c) sign the return of service in substantial compliance with Title 78B, Chapter 18a,
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2029  Uniform Unsworn Declarations Act;
2030        (d) if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the
2031  badge number of the process server on the return of service; and
2032        (e) if the process server is a private investigator, legibly print the private investigator's
2033  identification number on the return of service.
2034  Section 57. Section 78B-8-303 is amended to read:
2035  78B-8-303 (Effective 09/01/26). Recoverable rates.
2036       If the rates charged by private process servers exceed the rates established by law for
2037    service of process by persons under [Subsection 78B-8-302(1)] Section 78B-8-302, the excess
2038    charge may be recovered as costs of an action only if the court determines the service and
2039    charge were justifiable under the circumstances.
2040  Section 58. Repealer.
2041  This bill repeals:
2042  Section 53-9-101, Title.
2043  Section 53-9-102, Definitions.
2044  Section 53-9-107, Classification of licenses -- License required to act.
2045  Section 53-9-108, Qualifications for licensure.
2046  Section 53-9-109, Application for agency license -- Liability insurance -- Workers'
2047    compensation.
2048  Section 53-9-110, Application for registrant or apprentice license.
2049  Section 53-9-111, License fees -- Renewal, reinstatement of license -- Deposit of fees in
2050    General Fund.
2051  Section 53-9-112, Issuance of license and identification card to applicant -- License
2052    period -- Expiration of application -- Transfer of license prohibited.
2053  Section 53-9-113, Grounds for denial of a license -- Appeal.
2054  Section 53-9-115, Business name and address -- Posting of license -- Advertising --
2055    Incapacitation, death of agent.
2056  Section 53-9-116, Divulging investigative information -- False reports prohibited.
2057  Section 53-9-117, Authority to investigate complaint -- Filing of complaints -- Response
2058    -- Retention of records -- Appeal -- Penalties collected.
2059  Section 53-9-118, Grounds for disciplinary action.
2060  Section 53-9-119, Violation -- Penalty.
2061  Section 53-9-121, Limited-use license.
2062  Section 53-9-122, Exemptions from licensure.
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2063  Section 53-11-101, Title.
2064  Section 53-11-102, Definitions.
2065  Section 53-11-103, Commissioner of Public Safety administers -- Licensure --
2066     Rulemaking.
2067  Section 53-11-104, Board.
2068  Section 53-11-105, Powers and duties of board.
2069  Section 53-11-106, Board meetings and hearings -- Quorum.
2070  Section 53-11-107, Licenses -- Classifications -- Prohibited acts.
2071  Section 53-11-108, Licensure -- Basic qualifications.
2072  Section 53-11-109, Licensure -- Bail enforcement agent.
2073  Section 53-11-110, Bail enforcement agent as agency -- Surety bond -- Workers'
2074     compensation.
2075  Section 53-11-111, Licensure -- Bail recovery agent -- Requirements and limitations.
2076  Section 53-11-112, Licensure -- Bail recovery apprentices -- Requirements and
2077     limitations.
2078  Section 53-11-113, Bail recovery agent and bail recovery apprentice licensure -- Surety
2079     bond -- Fee -- Workers' compensation.
2080  Section 53-11-114, Licensure -- Qualification credit for specified training.
2081  Section 53-11-115, License fees -- Deposit in General Fund.
2082  Section 53-11-116, Issuance of license and card to applicant -- License period --
2083     Expiration of application -- Transfer of license prohibited.
2084  Section 53-11-116.5, Identification cards.
2085  Section 53-11-117, Workers' compensation requirements for employees' licensure.
2086  Section 53-11-118, Grounds for denial of license -- Appeal.
2087  Section 53-11-119, Grounds for disciplinary action.
2088  Section 53-11-120, Requirement to identify employing agency.
2089  Section 53-11-121, False representation as a licensee -- Badge -- Identifying clothing.
2090  Section 53-11-122, Requirements during search and seizure -- Notification of law
2091     enforcement agency.
2092  Section 53-11-123, Notification of local law enforcement.
2093  Section 53-11-124, Penalties.
2094  Section 59. Effective Date.
2095     This bill takes effect on September 1, 2026.
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