Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 303 (2025GS)

Sponsor

Sen. Weiler, Todd

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires notice of the cancellation of a private investigator's license or disciplinary action against the licensee to an agent sponsoring the licensee;
• requires a licensee to complete 16 hours of continuing education to renew a license beginning in 2027;
• modifies the information that appears on a licensee's identification card and the circumstances under which a licensee shall provide identifying information to a person verifying validity of the license;
• requires the Bail Bond Recovery and Private Investigator Licensure Board to take action when the agent for a licensed agency is incapacitated or dies;
• modifies provisions related to disciplinary action against a licensee;
• provides the circumstances under which a member may serve more than one term on the Bail Bond Recovery and Private Investigator Licensure Board; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

18
53-9-110
53-9-111
53-9-112
53-9-115
53-9-117
53-9-118
53-11-104
0
Private Investigator Regulation Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill modifies provisions related to licensure of private investigators.
Highlighted Provisions:
This bill:
requires notice of the cancellation of a private investigator's license or disciplinary action 
against the licensee to an agent sponsoring the licensee;
requires a licensee to complete 16 hours of continuing education to renew a license 
beginning in 2027; 
modifies the information that appears on a licensee's identification card and the 
circumstances under which a licensee shall provide identifying information to a person 
verifying validity of the license;
requires the Bail Bond Recovery and Private Investigator Licensure Board to take action 
when the agent for a licensed agency is incapacitated or dies;
modifies provisions related to disciplinary action against a licensee;
provides the circumstances under which a member may serve more than one term on the 
Bail Bond Recovery and Private Investigator Licensure Board; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-9-110
, as last amended by Laws of Utah 2015, Chapter 170
53-9-111
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 18
53-9-112
, as last amended by Laws of Utah 1998, Chapter 212
53-9-115
, as last amended by Laws of Utah 2008, Chapter 382
53-9-117
, as last amended by Laws of Utah 2011, Chapter 432
53-9-118
, as last amended by Laws of Utah 2011, Chapter 432
53-11-104
, as last amended by Laws of Utah 2024, Chapter 506
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53-9-110
 is amended to read:
53-9-110
. Application for registrant or apprentice license.
(1)
Every application for a registrant or apprentice license shall provide to the bureau:
(a)
the full name and address of the applicant;
(b)
one passport-size color photograph of the applicant;
(c)
the name of the licensed agency for which the applicant will be an employee, 
apprentice, or contract registrant, if applicable;
(d)
authorization of the licensed agency or 
its
licensed agency's
 designee to employ the 
apprentice or contract with the registrant, if applicable;
(e)
a verified statement of the applicant's experience and qualifications as provided in 
Section 
53-9-108
; and
(f)
the fee 
prescribed in
required by
 Section 
53-9-111
.
(2)
An application for a registrant or apprentice license or renewal shall 
be accompanied by
include
 a surety bond in the amount of $10,000.
(3)
The surety bond required by this section shall:
(a)
be in effect throughout the entire licensing period; and
(b)
provide that the issuer of the surety bond 
will
shall
 notify the bureau if the 
surety 
bond is cancelled or expired.
(4)
(a)
The bureau shall cancel a license when 
it
the bureau
 receives notice from the 
insurer
issuer
 that the 
surety 
bond required in Subsection 
(2)
 has expired or been 
cancelled.
(b)
The 
bureau shall notify the 
licensee 
shall be notified by the bureau when a license 
has been cancelled under this Subsection 
(4)
and the licensee's sponsoring agent 
when the bureau cancels a license under Subsection 
(4)(a)
.
(c)
The 
bureau may reinstate a 
license 
may be reinstated 
when the licensee:
(i)
files proof of a 
surety 
bond for the remainder of the license period; and
(ii)
pays the reinstatement fee 
prescribed in
required by
 Section 
53-9-111
.
Section 2, Section 
53-9-111
 is amended to read:
53-9-111
. License fees -- Renewal, reinstatement of license -- Deposit of fees in 
General Fund.
(1)
Fees
The bureau shall set 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)
a renewal application on forms as 
prescribed
required
 by the bureau; and
(ii)
the fees 
prescribed in
required by
 Subsection 
(1)
.
(b)
(i)
The renewal of a license requires the filing of
:
(A)
all certificates of insurance or proof of surety bond as required by this chapter
.
; and
(B)
beginning May 7, 2027, documentation of 16 hours of continuing education.
(ii)
Renewal of a license may not be granted 
The bureau may not renew a license 
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
is complete
;
(ii)
the bureau has received a renewal application from the applicant on forms 
prescribed
as required
 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 bureau does not receive 
the application 
is not received by the bureau 
within 30 days 
of the termination of
after the day on which the bureau 
terminates
 the suspension.
(b)
Renewal of the license does not entitle the licensee, while the license remains 
suspended and until 
it
the license
 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
after
 the date 
of revocation.
(5)
All
The bureau shall deposit
 fees, except the fingerprint processing fee, collected by 
the bureau under this section 
shall be deposited in
into
 the General Fund.
Section 3, Section 
53-9-112
 is amended to read:
53-9-112
. Issuance of license and identification card to applicant -- License 
period -- Expiration of application -- Transfer of license prohibited.
(1)
(a)
The commissioner shall issue a license to an applicant who complies with the 
provisions of this chapter. 
(b)
Each license issued under this chapter shall:
(a)
(i)
contain the name and address of the licensee
 and the number of 
, 
the license, 
its
the license number, and the license's
 agency, registrant, or apprentice license 
designation; and
(b)
(ii)
be issued for a period of two years.
(2)
On the issuance of a license, an identification card shall:
(a)
be issued without charge to the licensee; and
(b)
state on 
its
the identification card's
 face
:
(i)
whether the bearer holds an agency, registrant, or apprentice license
.
;
(ii)
the license number;
(iii)
the expiration date; and
(iv)
a current photograph of the licensee.
(3)
(a)
A registrant identification card shall state that the licensee is under the direction of 
a licensed agency and may not do investigative work independently for the public.
(b)
An apprentice identification card shall state that the licensee is under the direct 
supervision of a licensed agency and may not do investigative work independently 
for the public.
(4)
Upon request by 
any person
a person having reasonable cause to verify the validity of 
the license
, the licensee shall immediately identify the 
agency 
name
, business address,
and 
the name and 
phone number of 
an agent of 
the licensed agency for which the 
licensee is an employee or independent contractor.
(5)
(a)
On notification by the commissioner to an applicant that the license is not 
complete, or is not ready for issuance pending additional information, the applicant 
shall complete the application process and provide the additional information within 
90 days.
(b)
Failure to complete the process shall result in the application being cancelled and all 
fees forfeited.
(c)
Subsequent application by the same applicant requires the payment of all application 
and license fees 
prescribed in
required by
 Section 
53-9-111
.
(6)
(a)
A licensee shall notify the commissioner of any change in the name or address of 
his
the licensee's
 business within 60 days of the change
 and 
.
(b)
(i)
failure to so notify will result in the automatic suspension of the license. 
If 
there is evidence that the licensee knowingly failed to notify the commissioner, 
the bureau shall suspend the license.
(ii)
To relieve the suspension, the licensee 
must
shall
 apply for reinstatement and 
pay the fee 
prescribed in
required by
 Section 
53-9-111
.
(7)
A license issued under this chapter is not transferable or assignable.
Section 4, Section 
53-9-115
 is amended to read:
53-9-115
. Business name and address -- Posting of license -- Advertising -- 
Incapacitation, death of agent.
(1)
As used in this section, "no agent agency" means a licensed agency that has only one 
agent and for which the agent is incapacitated or dies.
(2)
(a)
Subject to the provisions of this chapter, a licensee may conduct an investigative 
business under a name other than the licensee's by:
(i)
complying with the requirements of 
Title 42, Chapter 2, Conducting Business 
Under Assumed Name
; and
(ii)
providing a copy of the filed certificate to the commissioner.
(b)
Failure to comply with Subsection 
(1)(a)
(2)(a)
 shall result in the suspension of the 
license.
(2)
(3)
(a)
Each licensee shall have at least one physical location from which the 
agency 
conducts 
normal business
 of the agency is conducted
. 
(b)
The address of this location shall be on file with the commissioner at all times and is 
not a public record 
pursuant to
in accordance with
 Subsection 
63G-2-301(2)(b)(ii)
.
(3)
(4)
The
A licensee shall post the
 license certificate issued by the commissioner 
shall 
be posted 
in a conspicuous place in the principal office of the licensee.
(4)
(5)
Subject to the provisions of this chapter, a licensee may solicit business through 
any accepted form of advertising.
(a)
Any advertisement shall contain the licensee's name and license number as 
it appears
the name and license number appear
 on the license certificate.
(b)
A licensee may not use false, deceptive, or misleading advertising.
(6)
(a)
The bureau, after receiving notice, shall allow an agent for an agency licensed 
under this chapter to act as the agent for a no agent agency until the next scheduled or 
emergency board meeting, where the board shall consider mitigating circumstances 
for the no agent agency to remain operating permanently or temporarily.
(b)
If the board allows the no agent agency to operate temporarily, the board shall allow 
sufficient time for the no agent agency to complete investigations that began before 
the incapacitation or death of the agent.
Section 5, Section 
53-9-117
 is amended to read:
53-9-117
. Authority to investigate complaint -- Filing of complaints -- Response 
-- Retention of records -- Appeal -- Penalties collected.
(1)
The bureau or board may initiate an investigation of any person advertising services or 
engaged in performing services that require a license under this chapter and shall 
investigate if a licensee is engaged in activities that do not comply with or are prohibited 
by this chapter.
(2)
The bureau shall enforce the provisions of this chapter without regard to the place or 
location in which a violation may have occurred, and on the complaint of any person, 
may investigate any alleged violation of this chapter or the business and business 
methods of any licensee or applicant for licensure under this chapter.
(3)
Complaints
A person shall file a complaint
 against any licensee 
shall be filed 
with the 
bureau in writing on forms 
prescribed
approved
 by the bureau.
(a)
Upon receipt of a complaint, or at the request of the board, the bureau shall assign 
the complaint to an investigator within the bureau.
(b)
The bureau 
will
shall
 provide a copy of the complaint to the licensee
,
 who shall 
answer the complaint in writing within 15 working days 
of
after
 the date 
on which 
the bureau sends 
the complaint 
is sent 
to the licensee by certified mail.
(4)
In any investigation undertaken by the bureau, each licensee on request shall provide 
records and truthfully respond to questions concerning activities regulated under this 
chapter.
(a)
These
The licensee shall maintain the
 records 
shall be maintained 
for five years at
:
(i)
the principal place of business of the licensee
;
 or 
(ii)
at 
another location 
approved by 
the board
 approves
 for a person whose license 
has been terminated, canceled, or revoked.
(b)
On request by the bureau
,
 the licensee shall:
(i)
during normal business hours or other time acceptable to the parties, make 
its
the 
licensee's
 records available immediately to the bureau unless the bureau 
determines that
grants
 an extension
 may be granted
; and
(ii)
provide copies of any business records 
requested by the bureau
the bureau 
requests
.
(5)
Upon completion of the investigation, the bureau shall report 
its
the bureau's
 findings 
of fact to the board
,
 and shall make a recommendation as to whether disciplinary 
action is warranted under Section 
53-9-118
, including whether emergency action should 
be taken under Subsection 
(8)
.
(6)
(a)
If the bureau recommends disciplinary action, 
the bureau shall send 
a notice of 
the recommendations in
a recommendation required by
 Subsection 
(5)
shall be sent 
by the bureau 
to the licensee by certified mail.
(b)
The notice shall include the date and time of the meeting where the board will 
consider the bureau's recommendation.
(c)
The board shall give the licensee an opportunity at the meeting to present testimony 
and evidence in response to the bureau's recommendation.
(7)
If the board finds, based on the investigation or hearing, that a violation of Section 
53-9-118
 has occurred, 
the board shall send 
notice of the board's decision 
shall be sent 
to
:
(a)
the licensee at the licensee's most recent address in the bureau's files by certified 
mail, return receipt requested
.
; and
(b)
the licensee's sponsoring agent if the licensee is an apprentice or a registrant.
(8)
Based on information the board receives from the investigation or during a hearing, the 
board may:
(a)
dismiss the complaint if the board finds 
it
the complaint
 is without merit;
(b)
take emergency action;
(c)
issue a letter of concern, if applicable;
(d)
impose a civil penalty not to exceed $500;
(e)
place the license on suspension for a period of not more than 12 months;
(f)
revoke the license; and
(g)
place all records, evidence findings, and conclusion, and any other information 
pertinent to the investigation, in a confidential and protected records section of the 
licensee's file maintained at the bureau.
(9)
A letter of concern issued for a violation of Section 
53-9-118
 is a document that is 
retained by the bureau and may be used in future disciplinary actions against a licensee.
(10)
(a)
Appeal of the board's decision shall be made in writing to the commissioner 
within 15 days from the date 
the board mails 
the board's decision 
is mailed 
to the 
licensee.
(b)
The commissioner shall review the board's finding and may affirm, return to the 
board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the 
recommendation of the board.
(11)
(a)
The commissioner shall issue a final written order within 30 days outlining the 
decision on appeal.
(b)
The final order is final agency action for purposes of judicial review under Section 
63G-4-402
.
(12)
(a)
If the board finds, based on the bureau's investigation, that the public health, 
safety, or welfare requires emergency action, the board may order a summary 
suspension of a license pending proceedings for revocation or other action.
(b)
(i)
If the board issues a summary suspension order, the board shall issue to the 
licensee a written notice of the order and indicate the licensee's right to request a 
formal hearing before the board. 
(ii)
The 
board shall mail 
notice 
shall be mailed 
to the licensee by certified mail, 
return receipt requested.
(c)
The licensee's
A licensee shall
 request 
for
 a formal hearing 
shall be 
in writing 
and 
mailed
mail the request
 to the bureau within 30 working days of the date the 
board mailed the 
summary suspension 
was mailed
order
 to the licensee.
(13)
All penalties collected under this section shall be deposited 
in
into
 the General Fund.
Section 6, Section 
53-9-118
 is amended to read:
53-9-118
. Grounds for disciplinary action.
The board may suspend or revoke a
 licensee's
 license 
or registration 
or deny an 
application for a license if a person
 engages in
:
(1)
engages in 
fraud or willful misrepresentation in applying for an original license or 
renewal of an existing license;
(2)
using
uses
 any letterhead, advertising, or other printed matter in any manner 
representing that the licensee is an instrumentality of the federal government, a state, or 
any political subdivision of a state;
(3)
using
uses
 a name different from that under which the licensee is currently licensed for 
any advertising, solicitation, or contract to secure business unless the name is an 
authorized fictitious name;
(4)
impersonating, permitting, or aiding and abetting
impersonates, permits, or aids and 
abets
 an employee or independent contractor to impersonate a peace officer or employee 
of the United States, any state, or a political subdivision of a state;
(5)
knowingly 
violating, advising, encouraging, or assisting
violates, advises, encourages, 
or assists in
 the violation of any statute, court order, or injunction in the course of a 
business regulated under this chapter;
(6)
falsifying 
falsifies 
fingerprints or photographs while operating under this chapter;
(7)
conviction
is convicted
 of a felony;
(8)
conviction 
is convicted 
of any act involving illegally using, carrying, or possessing a 
dangerous weapon;
(9)
conviction 
is convicted 
of any act involving moral turpitude;
(10)
conviction
is convicted
 of any act of personal violence or force against any person or 
conviction of threatening to commit any act of personal violence or force against any 
person;
(11)
soliciting 
solicits 
business for an attorney in return for compensation;
(12)
conviction
is convicted
 of any act constituting dishonesty or fraud;
(13)
being 
is 
placed on probation, parole, or named in an outstanding arrest warrant;
(14)
committing or permitting
commits or permits
 any employee or independent contractor 
to commit any act during the period when the license is expired or suspended;
(15)
willfully 
neglecting
neglects
 to render to a client services or a report as agreed 
between the parties and for which 
the client paid or tendered 
compensation 
has been 
paid or tendered 
in accordance with the agreement of the parties unless the licensee 
chooses to withdraw from the case and returns the funds for work not yet completed;
(16)
engages in 
the unauthorized release of information acquired on behalf of a client by a 
licensee, or 
its
the client's
 employee or contract agent
,
 as a result of activities regulated 
under this chapter;
(17)
failing
fails
 to cooperate with, 
misrepresenting to, or refusing
misrepresents to, or 
refuses
 access to business or investigative records requested by the board or an 
authorized representative of the bureau engaged in an official investigation 
pursuant to
in accordance with
 this chapter;
(18)
employing or contracting 
employs or contracts 
with any unlicensed or improperly 
licensed person or agency to conduct activities regulated under this chapter if the 
licensure status was known or could have been ascertained by reasonable inquiry;
(19)
permitting, authorizing, aiding
permits, authorizes, aids
, or in any way 
assisting
assists
 an employee to conduct services as described in this chapter on an independent 
contractor basis and not under the authority of the licensed agency;
(20)
failure
fails
 to maintain in full force and effect liability or workers' compensation 
insurance, or a surety bond, if applicable;
(21)
conducting
conducts
 private investigation services regulated by this chapter on a 
revoked or suspended license;
(22)
accepting employment, contracting
accepts employment, contracts
, or in any way 
engaging
engages
 in employment that has an adverse impact on investigations being 
conducted on behalf of clients;
(23)
advertising
advertises
 in a false, deceptive, or misleading manner;
(24)
refusing
refuses
 to display the identification card issued by the bureau to any person 
having reasonable cause to verify the validity of the license;
(25)
committing
commits
 any act of unprofessional conduct;
(26)
conviction 
is convicted 
of any act of illegally obtaining or disseminating private, 
controlled, or protected records under Section 
63G-2-801
; 
or
(27)
fails to notify the bureau of a change of name or address within 60 days of the change; 
or
(27)
(28)
engages in 
any other conduct prohibited by this chapter.
Section 7, Section 
53-11-104
 is amended to read:
53-11-104
. Board.
(1)
There is established under the Department of Public Safety a Bail Bond Recovery and 
Private Investigator Licensure Board consisting of eight members appointed by the 
commissioner.
(2)
Each member of the board shall be a citizen of the United States and a resident of this 
state at the time of appointment:
(a)
one member shall be a person who is qualified for and is licensed under this chapter;
(b)
one member shall be a person who is qualified for and is licensed under 
Title 53, 
Chapter 9, Private Investigator Regulation Act;
(c)
one member shall be 
a 
an attorney licensed to practice in the state;
(d)
one member shall be a chief of police or sheriff;
(e)
one member shall be a supervisory investigator from the commissioner's office;
(f)
one member shall be an owner of a bail bond surety company;
(g)
one member shall be an owner of a private investigator agency;
 and
(h)
one member shall be a public member who:
(i)
does not have a financial interest in a bail bond surety or bail bond recovery 
business;
(ii)
does not have a financial interest in a private investigative agency; and
(iii)
does not have an immediate family member or a household member, or a 
personal or professional acquaintance
,
 who is licensed or registered under this 
chapter or 
Title 53, 
Chapter 9, Private Investigator Regulation Act.
(3)
(a)
As terms of current board members expire, the commissioner shall appoint each 
new member or reappointed member to a four-year term, except as required by 
Subsection (3)(b).
(b)
The commissioner shall, at the time of appointment or reappointment, adjust the 
length of terms to ensure that the terms of board members are staggered so that 
approximately half of the board is appointed every two years.
(4)
When a vacancy occurs in the membership for any reason, the replacement shall be 
appointed for the unexpired term.
(5)
At 
its
the board's
 first meeting every year, the board shall elect a chair and vice chair 
from 
its
the board's
 membership.
(6)
A member may not receive compensation or benefits for the member's service, but may 
receive per diem and travel expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance 
pursuant to
in accordance with
 Sections 
63A-3-106
 and 
63A-3-107
.
(7)
(a)
A member may not serve more than one
 consecutive
 term
, except that
 unless:
(i)
there is no other qualified applicant; or
(ii)
a member 
is 
appointed to fill a vacancy or appointed for an initial term of less 
than four years under Subsection (3)
 may be reappointed for one additional full 
term
.
(b)
The commissioner may reappoint a member described in Subsection 
(7)(a)(ii)
 for 
one additional full term.
(8)
The commissioner, after a board hearing and recommendation, may remove any 
member of the board for misconduct, incompetency, or neglect of duty.
(9)
Members of the board are immune from suit with respect to all acts done and actions 
taken in good faith in carrying out the purposes of this chapter.
Section 8. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 8:47 AM