Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Certified Public Accountant Licensing Amendments
Number
S.B. 15 (2025GS)
Sponsor
Sen. Vickers, Evan J.
Final action
Governor Signed 3/25/2025
Outcome
Became law — signed by Gov. Spencer J. Cox

Summary

This bill amends provisions relating to certified public accountants.

What it does

  • This bill:
  • removes the hours requirement for a certified public accountant (CPA) to become licensed;
  • adds a requirement that an applicant for licensure as a CPA have a bachelor's degree with a concentration in accounting and business;
  • allows an individual with a valid CPA license from a state other than Utah to practice in this state under certain conditions;
  • authorizes the Division of Professional Licensing to make a citation and assess a fine for a person engaging in unlawful conduct relating to CPAs; and
  • makes technical and conforming changes.

Every vote on this bill

1/21/2025Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
24-0-5not eligible / no record
2/25/2025House Comm - Substitute Recommendation
House Business, Labor, and Commerce Committee
13-0-3YEA
2/25/2025House Comm - Favorable Recommendation
House Business, Labor, and Commerce Committee
13-0-3YEA
2/27/2025House/ circled
House 3rd Reading Calendar for Senate bills
0-0-75not eligible / no record
3/5/2025House/ uncircled
House 3rd Reading Calendar for Senate bills
0-0-75not eligible / no record
3/5/2025House/ floor amendment
House 3rd Reading Calendar for Senate bills
0-0-75not eligible / no record
3/5/2025House/ passed 3rd reading
Senate Secretary
70-0-5YEA
3/6/2025Senate/ concurs with House amendment
House Speaker
23-0-6not eligible / no record

Bill text

enrolled version · official source
15
58-26a-102
58-26a-201
58-26a-302
58-26a-305
58-26a-306
58-26a-501
58-26a-102
58-26a-201
58-26a-302
58-26a-305
58-26a-306
58-26a-501
15
Certified Public Accountant Licensing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: Steve Eliason
LONG TITLE
General Description:
This bill amends provisions relating to certified public accountants.
Highlighted Provisions:
This bill:
removes the hours requirement for a certified public accountant (CPA) to become 
licensed;
adds a requirement that an applicant for licensure as a CPA have a bachelor's degree, 
master's degree, or the equivalent with a concentration in accounting and business;
allows an individual with a valid CPA license from a state other than Utah to practice in 
this state under certain conditions;
authorizes the Division of Professional Licensing to make a citation and assess a fine for 
a person engaging in unlawful conduct relating to CPAs; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
58-26a-102
, as last amended by Laws of Utah 2017, Chapter 229
58-26a-201
, as enacted by Laws of Utah 2000, Chapter 261
58-26a-302
, as last amended by Laws of Utah 2020, Chapter 339
58-26a-305
, as last amended by Laws of Utah 2020, Chapter 339
58-26a-306
, as last amended by Laws of Utah 2020, Chapter 339
58-26a-501
, as last amended by Laws of Utah 2016, Chapter 238
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
58-26a-102
 is amended to read:
58-26a-102
. Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1)
"Accounting experience" means applying accounting and auditing skills and principles 
that are taught as a part of the professional education qualifying a person for licensure 
under this chapter and generally accepted by the profession, under the supervision of a 
licensed certified public accountant.
(2)
"AICPA" means the American Institute of Certified Public Accountants.
(3)
(a)
"Attest and attestation engagement" means providing any or all of the following 
financial statement 
services:
(i)
an audit or other engagement to be performed in accordance with the Statements 
on Auditing Standards (SAS);
(ii)
a review of a financial statement to be performed in accordance with the 
Statements on Standards for Accounting and Review Services (SSARS);
(iii)
an examination of prospective financial information to be performed in 
accordance with the Statements on Standards for Attestation Engagements 
(SSAE);
(iv)
an examination, review, or agreed upon procedures engagement to be performed 
in accordance with the Statements on Standards for Attestation Engagements 
(SSAE), other than an examination described in Subsection 
(3)(a)(iii)
; or
(v)
an engagement to be performed in accordance with the standards of the PCAOB.
(b)
The 
division shall adopt the 
standards specified in this definition
 shall be adopted
:
(i)
that are developed for general application by recognized national accountancy 
organizations such as the AICPA and the PCAOB; and
(ii)
by reference 
by the division 
under 
its
the division's
 rulemaking authority in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, and 
shall be those developed for general application by recognized national 
accountancy organizations such as the AICPA and the PCAOB
.
(4)
"Board" means the Utah Board of Accountancy created in Section 
58-26a-201
.
(5)
"Certified Public Accountant" or "CPA" means an individual currently licensed by this 
state or any other state, district, or territory of the United States of America to practice 
public accountancy or who has been granted a license as a certified public accountant 
under prior law or this chapter.
(6)
"Certified Public Accountant firm" or "CPA firm" means a qualified business entity 
holding a valid registration as a Certified Public Accountant firm under this chapter.
(7)
(a)
"Client" means the person who retains a licensee for the performance of one or 
more of the services included in the definition of the practice of public accountancy. 
(b)
"Client" does not include a CPA's employer when the licensee works in a salaried or 
hourly rate position.
(8)
"Compilation" means providing a service to be performed in accordance with 
Statements on Standards for Accounting and Review Services (SSARS) that is 
presenting, in the form of financial statements, information that is the representation of 
management or owners, without undertaking to express any assurance on the statements.
(9)
"Experience" means:
(a)
accounting experience; or
(b)
professional experience.
(10)
"Licensee" means the holder of a current valid license issued under this chapter.
(11)
"NASBA" means the National Association of State Boards of Accountancy.
(12)
"PCAOB" means the Public Company Accounting Oversight Board.
(13)
"Practice of public accounting" means, while holding oneself out as a certified public 
accountant, offering to perform or performing one or more kinds of services involving 
the use of auditing or accounting skills, including issuing reports or opinions on 
financial statements, performing attestation engagements, performing one or more kinds 
of advisory or consulting services, preparing tax returns, or furnishing advice on tax 
matters for a client.
(14)
"Peer review" means a board approved study, appraisal, or review of one or more 
aspects of the attest and compilation services rendered by a licensee in the practice of 
public accounting, performed by a licensee holding an active license in this or another 
state who is not affiliated with the licensee being reviewed.
(15)
"Principal place of business" means the office location designated by the licensee for 
purposes of 
substantial equivalency and 
licensure by endorsement.
(16)
"Professional experience" means experience lawfully obtained while licensed as a 
certified public accountant in another state, recognized by rule, in the practice of public 
accountancy performed for a client, which includes expression of assurance or opinion.
(17)
"Qualified business entity" means a sole proprietorship, corporation, limited liability 
company, or partnership engaged in the practice of public accountancy.
(18)
"Qualified continuing professional education" means a formal program of education 
that contributes directly to the professional competence of a certified public accountant.
(19)
"Qualifying examinations" means:
(a)
the AICPA Uniform CPA Examination;
(b)
the AICPA Examination of Professional Ethics for CPAs;
(c)
the Utah Laws and Rules Examination; and
(d)
any other examination approved by the board and adopted by the division by rule in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(20)
(a)
"Report," when used with reference to financial statements, means:
(i)
an opinion, report, or other form of language that:
(A)
states or implies assurance as to the reliability of the attested information or 
compiled financial statements; or
(B)
implies that the 
person
individual
 or firm issuing the report has special 
knowledge or competence in accounting or auditing and specifically includes 
compilations and reviews; such an implication of special knowledge or 
competence may arise from use by the issuer of the report of names or titles 
indicating that the person or firm is a public accountant or auditor, or from the 
language of the report itself; or
(ii)
any disclaimer of opinion
:
(A)
when it
that
 is conventionally understood to imply any positive assurance as 
to the reliability of the attested information or compiled financial statements 
referred to or language suggesting special competence on the part of the 
person
individual
 or firm issuing such language; and 
(B)
the report includes any other form of language that is conventionally 
understood to imply such assurance or such special knowledge or competence.
(b)
"Report" does not include a financial statement prepared by an unlicensed person if:
(i)
that financial statement has a cover page 
which
that
 includes essentially the 
following language: "I (we) have prepared the accompanying financial statements 
of (name of entity) as of (time period) for the (period) then ended. This 
presentation is limited to preparing, in the form of financial statements, 
information that is the representation of management (owners). I (we) have not 
audited or reviewed the accompanying financial statements and accordingly do 
not express an opinion or any other form of assurance on them."; and
(ii)
the cover page and any related footnotes do not use the terms "compilation," 
"review," "audit," "generally accepted auditing standards," "generally accepted 
accounting principles," or other similar terms.
(21)
"Review of financial statements" means providing a service in accordance with the 
Statements on Standards for Accounting and Review Services 
(SSARS) 
in which the 
accountant obtains limited assurance as a basis for reporting whether the accountant is 
aware of any material modifications that should be made to the financial statements for 
them
the financial statements
 to be in accordance with the applicable financial reporting 
framework, primarily through the performance of inquiry and analytical procedures.
(22)
(a)
"Substantial equivalency" means a determination by the division in 
collaboration with the board or the board's designee that:
(i)
the education, examination, and experience requirements set forth in the statutes 
and administrative rules of another state are comparable to or exceed the 
education, examination, and experience requirements set forth in the Uniform 
Accountancy Act; or
(ii)
an individual CPA's education, examination, and experience qualifications are 
comparable to or exceed the education, examination, and experience requirements 
set forth in the Uniform Accountancy Act.
(b)
In ascertaining whether an individual's qualifications are substantially equivalent as 
used in this chapter, the division in collaboration with the board shall take into 
account the qualifications without regard to the sequence in which the education, 
examination, and experience requirements were attained.
(23)
(22)
"Uniform Accountancy Act" means the model public accountancy legislation 
developed and promulgated by national accounting and regulatory associations that 
contains standardized definitions and regulations for the practice of public accounting as 
recognized by the division in collaboration with the board.
(24)
(23)
"Unlawful conduct" 
is as
means the same as that term is
 defined in Sections 
58-1-501
 and 
58-26a-501
.
(25)
(24)
"Unprofessional conduct" 
is as
means the same as that term is
 defined in 
Sections 
58-1-501
 and 
58-26a-502
 and as may be further defined by rule.
(26)
(25)
"Year of experience" means 2,000 hours of experience:
(a)
generally accepted by the profession; and
(b)
under the supervision of a licensed certified public accountant.
Section 2, Section 
58-26a-201
 is amended to read:
58-26a-201
. Board.
(1)
There is created the Utah Board of Accountancy consisting of four licensed certified 
public accountants and one member of the general public.
(2)
The board shall be appointed and shall serve in accordance with Section 
58-1-201
.
(3)
(a)
The duties and responsibilities of the board shall be in accordance with
The 
board shall perform the duties and responsibilities described in
 Sections 
58-1-202
 and 
58-1-203
.
(b)
In addition, the
The
 board shall designate one of 
its
the board's
 members on a 
permanent or rotating basis to:
(a)
(i)
assist the division in reviewing complaints concerning the unlawful or 
unprofessional conduct of a licensee; and
(b)
(ii)
advise the division in 
its
the division's
 investigation of these complaints.
(4)
A board member who has, under Subsection 
(3)
, reviewed a complaint or advised in 
its
the
 investigation 
of the complaint 
may be disqualified from participating with the board 
when the board serves as a presiding officer of an administrative proceeding concerning 
the complaint.
Section 3, Section 
58-26a-302
 is amended to read:
58-26a-302
. Qualifications for licensure and registration -- Licensure by 
endorsement.
(1)
Each applicant for licensure under this chapter as a certified public accountant shall:
(a)
submit an application in a form 
prescribed by the division
the division approves by 
rule
;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
submit a certified transcript of credits from an accredited institution acceptable to the 
board showing:
(i)
successful completion of a total of 150 semester hours or 225 quarter hours of 
collegiate level education with a concentration in accounting, auditing, and 
business;
(ii)
(i)
successful completion of 
a 
baccalaureate
bachelor's
 degree
, master's degree,
or 
its
the
 equivalent 
with a concentration of accounting and business 
at a college 
or university approved by the board; and
(iii)
(ii)
compliance with any other education requirements established by rule by the 
division in collaboration with the board in accordance with 
Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act
;
(d)
submit evidence of 
one year of 
accounting experience in a form 
prescribed by the 
division
the division approves by rule of at least:
(i)
one year of accounting experience for an individual with a master's degree or the 
equivalent with a concentration of accounting and business; or
(ii)
two years of accounting experience for an individual with a bachelor's degree or 
the equivalent with a concentration of accounting and business
;
(e)
submit evidence of having successfully completed the qualifying examinations in 
accordance with Section 
58-26a-306
; and
(f)
submit to an interview by the board, if requested, for the purpose of examining the 
applicant's competence and qualifications for licensure.
(2)
(a)
The division may issue a license under this chapter to 
a person
an individual
 who 
holds a license as a certified public accountant issued by 
any other state of the 
United States of America
another state
 if the applicant for licensure by endorsement:
(i)
submits an application in a form 
prescribed by the division
the division approves 
by rule
;
(ii)
pays a fee determined by the department under Section 
63J-1-504
;
(iii)
submits to an interview by the board, if requested, for the purpose of examining 
the applicant's competence and qualifications for licensure; and
(iv)
(A)
(I)
shows evidence of having passed the qualifying examinations; and
(II)
(Aa)
meets the requirements for licensure 
which
that
 were applicable in 
this state at the time of the issuance of the applicant's license by the state 
from which the original licensure by satisfactorily passing the AICPA 
Uniform CPA Examination was issued; or
(Bb)
had four years of professional experience after passing the AICPA 
Uniform CPA Examination upon which the original license was based, 
within the 10 years immediately preceding the application for licensure 
by endorsement; or
(B)
shows evidence that the applicant's education, examination record, and 
experience are substantially equivalent to the requirements of Subsection 
(1)
, 
as provided by rule.
(b)
This Subsection 
(2)
 applies only to 
a person
an individual
 seeking to obtain a 
license issued by this state and does not apply to 
a person
an individual
 practicing as 
a certified public accountant in the state under Subsection 
58-26a-305(1)
.
(3)
(a)
Each applicant for registration as a Certified Public Accountant firm shall:
(i)
submit an application in a form 
prescribed by the division
the division approves 
by rule
;
(ii)
pay a fee determined by the department under Section 
63J-1-504
;
(iii)
have, notwithstanding any other provision of law, a simple majority of the 
ownership of the Certified Public Accountant firm, in terms of financial interests 
and voting rights of all partners, officers, shareholders, members, or managers, 
held by individuals who are certified public accountants, licensed under this 
chapter or another state of the United States of America, and the partners, officers, 
shareholders, members, or managers, whose principal place of business is in this 
state, and who perform professional services in this state hold a valid license 
issued under Subsection 
58-26a-301(2)
 or the corresponding provisions of prior 
law; and
(iv)
meet any other requirements established by rule by the division in collaboration 
with the board in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
.
(b)
Each separate location of a qualified business entity within the state seeking 
registration as a Certified Public Accountant firm shall register separately.
(c)
A Certified Public Accountant firm may include owners who are not licensed under 
this chapter as outlined in Subsection 
(3)(a)(iii)
, provided that:
(i)
the firm designates a licensee of this state who is responsible for the proper 
registration of the Certified Public Accountant firm and identifies that individual 
to the division; and
(ii)
all nonlicensed owners are active individual participants in the CPA firm.
Section 4, Section 
58-26a-305
 is amended to read:
58-26a-305
. Exemptions from licensure.
(1)
In addition to the exemptions from licensure in Section 
58-1-307
, the following may 
engage in acts included within the definition of the practice of public accountancy, 
subject to the stated circumstances and limitations, without being licensed under this 
chapter:
(a)
a person licensed by any other state, district, or territory of the United States as a 
certified public accountant or its equivalent under any other title while practicing in 
this state if:
(i)
the person's principal place of business is not in this state; and
(A)
the person's license as a certified public accountant is from any state which 
the National Association of State Boards of Accountancy (NASBA) National 
Qualification Appraisal Service has verified to be substantially equivalent to 
the CPA licensure requirements of the Uniform Accountancy Act; or
(B)
the person's license as a certified public accountant is from a state which the 
NASBA National Qualification Appraisal Service has not verified to be 
substantially equivalent to the CPA licensure requirements of the Uniform 
Accountancy Act and the person obtains from the NASBA National 
Qualification Appraisal Service verification that the person's CPA 
qualifications are substantially equivalent to the CPA licensure requirements of 
the Uniform Accountancy Act and Subsection 
58-26a-302(1)(c)(i)
; and
(a)
an individual that:
(i)
holds a valid license or permit in good standing as a certified public accountant or 
equivalent issued by another state, if at the time the individual was licensed, the 
individual showed evidence of having successfully completed the equivalent of 
qualifying examinations required for that state; and
(ii)
the person 
consents, as a condition of the grant of 
this
the
 privilege
 described 
in Subsection 
(1)(a)
(i)
:
(A)
to personal and subject matter jurisdiction and disciplinary authority of the 
division;
(B)
to comply with this chapter and the rules made under this chapter;
(C)
that in the event the license from the state of the 
person's
individual's
principal place of business becomes invalid, the 
person
individual
 shall cease 
offering or rendering professional services in this state both individually and on 
behalf of the firm; and
(D)
to the appointment of the state board which issued the 
person's
individual's
license as the 
person's
individual's
 agent upon whom process may be served in 
an action or proceeding brought by the division against the 
licensee
individual
;
(b)
through December 31, 2012, a person licensed by any other state, district, or 
territory of the United States as a certified public accountant or its equivalent under 
another title while practicing in this state if:
(i)
the person does not qualify for a practice privilege under Subsection 
(1)(a)
;
(ii)
the practice is incidental to the person's regular practice outside of this state; and
(iii)
the person's temporary practice within the state is in conformity with this 
chapter and the rules established under this chapter;
(c)
(b)
an officer, member, partner, or employee of any entity or organization who signs 
any statement or report in reference to the financial affairs of the entity or 
organization with a designation of that 
person's
individual's
 position within the 
entity or organization;
(d)
(c)
a public official or employee while performing 
his
the public official's or 
employee's
 official duties;
(e)
(d)
a person
an individual
 using accounting or auditing skills, including the 
preparation of tax returns, management advisory services, and the preparation of 
financial statements without the issuance of reports; or
(f)
(e)
an employee of a CPA firm registered under this chapter or an assistant to a 
person licensed under this chapter, working under the supervision of a licensee, if:
(i)
neither the employee or assistant nor the licensed employer or registered CPA firm 
represents that the unlicensed 
person
individual
 is a certified public accountant; 
and
(ii)
no accounting or financial statements are issued 
over
in
 the unlicensed 
person's
individual's
 name.
(2)
(a)
Notwithstanding any other provision of law, 
a person
an individual
 who qualifies 
under Subsection 
(1)(a)
 has all the privileges of a licensee of this state and may 
engage in acts included within the definition of the practice of public accountancy, 
whether in person or by mail, telephone, or electronic means, based on a practice 
privilege in this state, and no notice, fee, or other submission shall be provided by 
that person.
(b)
The division may revoke, suspend, or restrict an exemption granted under Subsection 
(1)(a)
 or 
(b)
, or place on probation or issue a public or private reprimand to a person 
exempted under those subsections for the reasons set forth in Subsection 
58-1-401(2)
.
Section 5, Section 
58-26a-306
 is amended to read:
58-26a-306
. Examination requirements.
(1)
Before taking the qualifying examinations, an applicant shall:
(a)
submit an application in a form approved by the division;
(b)
pay a fee determined by the department under Section 
63J-1-504
;
(c)
demonstrate completion of at least 120 semester hours or 180 quarter hours of the 
education requirement
demonstrate completion of at least a bachelor's degree or the 
equivalent as
 described in Subsection 
58-26a-302(1)(c)
; and
(d)
be approved by the board, or an organization designated by the board, to take the 
qualifying examinations.
(2)
A person must
An individual shall
 sit for and meet the conditioning requirements of 
the AICPA Uniform CPA Examination as established by the AICPA.
Section 6, Section 
58-26a-501
 is amended to read:
58-26a-501
. Unlawful conduct.
(1)
"Unlawful conduct" includes:
(1)
(a)
using "certified public accountant," "public accountant," "CPA," or any other 
title, designation, words, letters, abbreviation, sign, card, or device tending to indicate 
that the 
person
individual
 is a certified public accountant, unless that 
person
individual
:
(a)
(i)
has a current license as a certified public accountant issued under this chapter; 
or
(b)
(ii)
qualifies for a practice privilege as provided in
is exempt from licensure 
under
 Subsection 
58-26a-305(1)(a)
;
(2)
(b)
a firm assuming or using "certified public accountant," "CPA," or any other title, 
designation, words, letters, abbreviation, sign, card, or device tending to indicate that 
the firm is composed of certified public accountants unless each office of the firm in 
this state:
(a)
(i)
is registered with the division; and
(b)
(ii)
meets the requirements of Subsections 
58-26a-302(3)(a)(iii)
 and 
(iv)
;
(3)
(c)
signing or affixing to any accounting or financial statement the person's name or 
any trade or assumed name used in that person's profession or business, with any 
wording indicating that the person is an auditor, or with any wording indicating that 
the person has expert knowledge in accounting or auditing, unless that person is 
licensed under this chapter and all of the person's offices in this state for the practice 
of public accountancy are maintained and registered as provided in this chapter; and
(4)
(d)
except as provided in Section 
58-26a-305
, engaging in the following conduct if 
not licensed under this chapter to practice public accountancy:
(a)
(i)
issuing a report on financial statements of any other person, firm, 
organization, or governmental unit; or
(b)
(ii)
issuing a report using any form of language substantially similar to 
conventional language used by licensees respecting:
(i)
(A)
a review of financial statements; or
(ii)
(B)
a compilation of financial statements.
(2)
(a)
Except as provided in Subsection 
(2)(c)
, if, upon inspection or investigation, the 
division concludes that a person has engaged in unlawful conduct and that 
disciplinary action is appropriate, the division shall promptly issue a citation to the 
person in accordance with this chapter and any pertinent division rules.
(b)
A citation issued under Subsection (2)(a) shall:
(i)
be in writing;
(ii)
describe with particularity the nature of the violation, including a reference to the 
statute or rule alleged to have been violated;
(iii)
state that the recipient must notify the division in writing within 20 calendar days 
from the day on which the recipient receives the citation if the recipient intends to 
contest the citation at a hearing conducted under Title 63G, Chapter 4, 
Administrative Procedures Act; and
(iv)
explain the consequences of failure to timely contest the citation or make 
payment of any fine assessed by citation within the time specified by the citation.
(c)
The division may issue a notice instead of a citation.
(d)
A citation issued as described in Subsection 
(2)
(a) may be served:
(i)
(A)
upon a person upon whom a summons may be served in accordance with 
the Utah Rules of Civil Procedure; and
(B)
may be made personally or upon the person's agent by a division investigator 
or by any person designated by the director; or
(ii)
by mail.
(e)
If, within 20 calendar days from the date of the service of the citation described in 
Subsection 
(2)(a)
, the recipient of the citation fails to request a hearing to contest the 
citation, the citation becomes the final order of the division and is not subject to 
further agency review.
(f)
The division may extend the time period described in Subsection 
(2)(e)
 for cause.
(g)
The division may refuse to issue or renew, suspend, revoke, or place on probation the 
license of a licensee who fails to comply with a citation after the citation becomes 
final.
(h)
The failure of an applicant for licensure to comply with a citation after the citation 
becomes final is grounds for denial of a license.
(i)
The division may not issue a citation more than one year after the day on which the 
violation that is the subject of the citation is reported to the division.
(3)
(a)
The division shall assess a fine under Subsection 
(2)
 according to the following:
(i)
for a first offense, a fine of up to $1,000;
(ii)
for a second offense, a fine of up to $2,000; and
(iii)
for any subsequent offense, a fine of up to $2,000 for each day of continued 
offense.
(b)
An action the division initiates for a first or second offense that has not resulted in a 
final order of the division may not preclude the initiation of any subsequent action for 
a second or subsequent offense during the pendency of the preceding action.
(4)
(a)
The division may collect a fine that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in a court with jurisdiction.
(b)
A county attorney or the attorney general shall provide legal assistance and advice to 
the director in an action to collect a fine.
(c)
A court shall award reasonable attorney fees and costs to the prevailing party in an 
action brought by the division to collect a fine.
Section 7. 
Effective Date.
This bill takes effect on July 1, 2026.
3-12-25 12:46 PM