Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 5008 (2020S5)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 6/29/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the state residency requirements related to obtaining or renewing a license under the Private Investigator Regulation Act; and
• makes technical changes.

Every vote on this bill

Bill text

PRIVATE INVESTIGATOR LICENSE QUALIFICATIONS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill modifies provisions of the Private Investigator Regulation Act.
Highlighted Provisions:
This bill:
▸ removes the state residency requirements related to obtaining or renewing a license
under the Private Investigator Regulation Act; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53-9-108
, as last amended by Laws of Utah 2018, Chapter 287
53-9-111
, as last amended by Laws of Utah 2018, Chapter 417
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-9-108
 is amended to read:
53-9-108.
Qualifications for licensure.
(1) (a) An applicant under this chapter shall be [
a legal resident of the state and
] at
least:
(i) 21 years of age to apply for an agency license or a registrant license; or
(ii) 18 years of age to apply for an apprentice license.
(b) An applicant may not have been:
(i) convicted of a felony;
(ii) convicted of an act involving illegally using, carrying, or possessing a dangerous
weapon;
(iii) convicted of an act of personal violence or force on any person or convicted of
threatening to commit an act of personal violence or force against another person;
(iv) convicted of an act constituting dishonesty or fraud;
(v) convicted of an act involving moral turpitude within the past 10 years unless the
conviction has been expunged under the provisions of Title 77, Chapter 40, Utah Expungement
Act;
(vi) placed on probation or parole;
(vii) named in an outstanding arrest warrant; or
(viii) convicted of illegally obtaining or disclosing private, controlled, or protected
records as provided in Section 
63G-2-801
.
(c) If previously or currently licensed in another state or jurisdiction, the applicant shall
be in good standing within that state or jurisdiction.
(2) In assessing if an applicant meets the requirements under Subsection (1)(b), the
board shall consider mitigating circumstances presented by an applicant.
(3) (a) An applicant for an agency license shall have:
(i) a minimum of 5,000 hours of investigative experience that consists of actual work
performed as a licensed private investigator, an investigator in the private sector, an
investigator for the federal government, or an investigator for a state, county, or municipal
government; or
(ii) if the applicant held a registrant license or an apprentice license under this chapter
on or before May 1, 2010, a minimum of 2,000 hours of investigative experience that consists
of actual work performed as a licensed private investigator, an investigator in the private
sector, an investigator for the federal government, or an investigator for a state, county, or
municipal government.
(b) An applicant for a registrant license shall have a minimum of 2,000 hours of
investigative experience that consists of actual investigative work performed as a licensed
private investigator, an investigator in the private sector, an investigator for the federal
government, an investigator for a state, county, or municipal government, or a process server.
(c) At least 1,000 hours of the investigative experience required under this Subsection
(3) shall have been performed within 10 years immediately prior to the application.
(d) An applicant shall substantiate investigative work experience required under this
Subsection (3) by providing:
(i) the exact details as to the character and nature of the investigative work on a form
prescribed by the bureau and certified by the applicant's employers; or
(ii) if the applicant is applying for the reinstatement of an agency license, internal
records of the applicant that demonstrate the investigative work experience requirement has
previously been met.
(e) (i) The applicant shall prove completion of the investigative experience required
under this Subsection (3) to the satisfaction of the board and the board may independently
verify the certification offered on behalf of the applicant.
(ii) The board may independently confirm the claimed investigative experience and the
verification of the applicant's employers.
(4) An applicant for an apprentice license, lacking the investigative experience required
for a registrant license, shall meet all of the qualification standards in Subsection (1), and shall
complete an apprentice application.
(5) An applicant for an agency or registrant license may receive credit toward the hours
of investigative experience required under Subsection (3) as follows:
(a) an applicant may receive credit for 2,000 hours of investigative experience if the
applicant:
(i) has an associate's degree in criminal justice or police science from an accredited
college or university; or
(ii) is certified as a peace officer; and
(b) an applicant may receive credit for 4,000 hours of investigative experience if the
applicant has a bachelor's degree in criminal justice or police science from an accredited
college or university.
(6) The board shall determine if the applicant may receive credit under Subsection (5)
toward the investigative and educational experience requirements under Subsection (3).
[
(7) An applicant for the renewal of a license under this chapter shall be a legal resident
of this state.
]
Section 2. Section 
53-9-111
 is amended to read:
53-9-111.
License and registration fees -- Deposit in General Fund.
(1) Fees for individual and agency licensure and renewal shall be in accordance with
Section 
63J-1-504
.
(2) (a) The bureau may renew a license granted under this chapter 
upon receipt of
:
[
(i) to a resident of the state;
]
[
(ii) upon receipt of
] 
(i)
 a renewal application on forms as prescribed by the bureau;
and
[
(iii) upon receipt of
] 
(ii)
 the fees prescribed in Subsection (1).
(b) (i) The renewal of a license requires the filing of all certificates of insurance or
proof of surety bond as required by this chapter.
(ii) Renewal of a license may not be granted more than 180 days after expiration.
(c) A licensee may not engage in activity subject to this chapter during the period
between the date of expiration of the license and the renewal of the license.
(3) (a) The bureau shall renew a suspended license if:
(i) the period of suspension has been completed;
(ii) the bureau has received a renewal application from the applicant on forms
prescribed by the bureau; and
(iii) the applicant has:
(A) filed all certificates of insurance or proof of surety bond as required by this
chapter; and
(B) paid the fees required by this section for renewal, including a delinquency fee if the
application is not received by the bureau within 30 days of the termination of the suspension.
(b) Renewal of the license does not entitle the licensee, while the license remains
suspended and until it is reinstated, to engage in activity regulated by this chapter, or in other
activity or conduct in violation of the order or judgment by which the license was suspended.
(4) The bureau may not reinstate a revoked license or accept an application for a
license from a person whose license has been revoked for at least one year from the date of
revocation.
(5) All fees, except the fingerprint processing fee, collected by the bureau under this
section shall be deposited in the General Fund.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.