S.B. 204 Enrolled

REPEAL OF LICENSING ALARM RESPONSE RUNNERS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Dan R. Eastman
This act modifies the Security Personnel Licensing Act by repealing the licensure
requirement for alarm response runners. The act makes other technical changes to correct
references to alarm response runners.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-63-102, as last amended by Chapters 79 and 228, Laws of Utah 1996
58-63-301, as last amended by Chapter 228, Laws of Utah 1996
58-63-302, as last amended by Chapter 375, Laws of Utah 1997
58-63-305, as enacted by Chapter 215, Laws of Utah 1995
58-63-308, as enacted by Chapter 215, Laws of Utah 1995
58-63-310, as enacted by Chapter 228, Laws of Utah 1996
58-63-501, as last amended by Chapter 228, Laws of Utah 1996
58-63-502, as last amended by Chapter 228, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-63-102 is amended to read:
58-63-102. Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
[(1) "Alarm response runner" means an individual:]
[(a) employed by a contract security company;]
[(b) whose primary responsibility is to respond to security system signals of that company;
and]
[(c) whose sole function is not to maintain or repair security systems.]
[(2)] (1) "Armed courier service" means a person engaged in business as a contract security
company who transports or offers to transport tangible personal property from one place or point
to another under the control of an armed security officer employed by that service.

[(3)] (2) "Armed private security officer" means an individual:
(a) employed by a contract security company;
(b) whose primary duty is that of guarding personal or real property, or providing protection
or security to the life and well being of humans or animals; and
(c) who wears, carries, possesses, or has immediate access to a firearm at any time in the
performance of the individual's duties.
[(4)] (3) "Armored car service" means a person engaged in business as a contract security
company who transports or offers to transport tangible personal property from one place or point to
another under the control of an armed or unarmed private security officer employed by the company
using a specially equipped motor vehicle offering a high degree of security.
[(5)] (4) "Board" means the Security Services Licensing Board created in Section 58-63-201 .
[(6)] (5) "Contract security company" means a person engaged in business to provide
security or guard services to another person for the purpose of protecting tangible personal property,
real property, or the life and well being of human or animal life by assignment of security officers
employed by the company and the use of specialized resources, motor vehicles, or equipment.
[(7)] (6) "Identification card" means a personal pocket or wallet size card issued by the
division to each security officer licensed under this chapter.
[(8)] (7) "Officer" means a president, vice president, secretary, treasurer, or other officer of
a corporation or limited liability company listed as an officer in the files with the Division of
Corporations and Commercial Code.
[(9)] (8) "Owner" means a proprietor or general partner of a proprietorship or partnership.
[(10)] (9) "Peace officer" means a person who:
(a) is a certified peace officer as defined in Title 53, Chapter 6, Peace Officer Standards and
Training Act; and
(b) derives total or special law enforcement powers from, and is an employee of the federal
government, the state, or any political subdivision, agency, department, branch, or service of either,
of any municipality, or of any other unit of local government.
[(11)] (10) "Regular basis" means 20 or more hours per month.

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[(12)] (11) (a) "Security officer" means an individual who:
(i) is employed by a contract security company securing, guarding, or otherwise protecting
tangible personal property, real property, or the life and well being of human or animal life against:
(A) trespass or other unlawful intrusion or entry;
(B) larceny;
(C) vandalism or other abuse;
(D) arson or any other criminal activity; or
(E) personal injury caused by another person or as a result of acts or omissions by another
person;
(ii) is controlling, regulating, or directing the flow of movements of individuals or vehicles;
or
(iii) providing street patrol service.
(b) "Security officer" does not include an individual whose duties are limited to custodial
or other services even though the presence of that individual may act to provide some of the services
set forth under Subsection [(12)] (11)(a).
[(13)] (12) "Security system" means equipment, devices, or instruments installed for the
purpose of:
(a) detecting and signaling entry or intrusion by some individual into or onto, or exit from
the premises protected by the system; or
(b) signaling the commission of a robbery or other criminal activity at the election of an
individual having control of the features of the security system.
[(14)] (13) "Street patrol service" means a person engaged in business as a contract security
company who provides patrols by means of foot, vehicle, or other method of transportation using
public streets, thoroughfares, or property in the performance of their duties and responsibilities.
[(15)] (14) "Unarmed private security officer" means an individual:
(a) employed by a contract security company;
(b) whose primary duty is that of guarding personal or real property, or providing protection
or security to the life and well being of humans or animals;

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(c) who never wears, carries, possesses, or has immediate access to a firearm at any time in
the performance of his duties; and
(d) who wears clothing of distinctive design or fashion bearing any symbol, badge, emblem,
insignia, or other device that identifies or tends to identify the wearer as a security officer.
[(16)] (15) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-63-501 .
[(17)] (16) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-63-502 and
as may be further defined by rule.
Section 2. Section 58-63-301 is amended to read:
58-63-301. Licensure required -- License classifications.
(1) A license is required to engage in the practice [as] of a contract security company, [alarm
response runner,] armed private security officer, or unarmed private security officer, except as
specifically provided in Section 58-63-304 , 58-63-310 , or 58-1-307 .
(2) The division shall issue to a person who qualifies under this chapter a license in the
classifications:
(a) contract security company;
(b) armed private security officer; or
(c) unarmed private security officer[; or].
[(d) alarm response runner.]
Section 3. Section 58-63-302 is amended to read:
58-63-302. Qualifications for licensure.
(1) Each applicant for licensure as a contract security company shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) have a qualifying agent who is a resident of the state and an officer, director, partner,
proprietor, or manager of the applicant who:
(i) passes an examination component established by rule by the division in collaboration
with the board; and
(ii) (A) demonstrates 6,000 hours of experience as a manager, supervisor, or administrator

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of a contract security company; or
(B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
collaboration with the board with a federal, United States military, state, county, or municipal law
enforcement agency;
(d) if a corporation, provide:
(i) the names, addresses, dates of birth, and social security numbers of all corporate officers,
directors, and those responsible management personnel employed within the state or having direct
responsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, and social security numbers, of all shareholders
owning 5% or more of the outstanding shares of the corporation, except this may not be required if
the stock is publicly listed and traded;
(e) if a limited liability company, provide:
(i) the names, addresses, dates of birth, and social security numbers of all company officers,
and those responsible management personnel employed within the state or having direct
responsibility for managing operations of the applicant within the state; and
(ii) the names, addresses, dates of birth, and social security numbers of all individuals
owning 5% or more of the equity of the company;
(f) if a partnership, the names, addresses, dates of birth, and social security numbers of all
general partners, and those responsible management personnel employed within the state or having
direct responsibility for managing operations of the applicant within the state;
(g) if a proprietorship, the names, addresses, dates of birth, and social security numbers of
the proprietor, and those responsible management personnel employed within the state or having
direct responsibility for managing operations of the applicant within the state;
(h) be of good moral character in that officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not been
convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
considered with the duties and responsibilities of a contract security company is considered by the
division and the board to indicate that the best interests of the public are not served by granting the

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applicant a license;
(i) document that none of the applicant's officers, directors, shareholders described in
Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
(i) have been declared by any court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored; and
(ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
(j) file and maintain with the division evidence of:
(i) comprehensive general liability insurance in form and in amounts to be established by
rule by the division in collaboration with the board;
(ii) workers' compensation insurance that covers employees of the applicant in accordance
with applicable Utah law;
(iii) registration with the Division of Corporations and Commercial Code; and
(iv) registration as required by applicable law with the:
(A) Division of Workforce Information and Payment Services in the Department of
Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
(B) State Tax Commission; and
(C) Internal Revenue Service; and
(k) meet with the division and board if requested by the division or board.
(2) Each applicant for licensure as an armed private security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character in that the applicant has not been convicted of a felony, a
misdemeanor involving moral turpitude, or any other crime that when considered with the duties and
responsibilities of an armed private security officer is considered by the division and the board to
indicate that the best interests of the public are not served by granting the applicant a license;
(d) not have been declared by any court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored;
(e) not be currently suffering from habitual drunkenness or from drug addiction or

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dependence;
(f) successfully complete basic education and training requirements established by rule by
the division in collaboration with the board;
(g) successfully complete firearms training requirements established by rule by the division
in collaboration with the board;
(h) pass the examination requirement established by rule by the division in collaboration
with the board; and
(i) meet with the division and board if requested by the division or the board.
(3) Each applicant for licensure as an unarmed private security officer shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(c) be of good moral character in that the applicant has not been convicted of a felony, a
misdemeanor involving moral turpitude, or any other crime that when considered with the duties and
responsibilities of an unarmed private security officer is considered by the division and the board to
indicate that the best interests of the public are not served by granting the applicant a license;
(d) not have been declared by any court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored;
(e) not be currently suffering from habitual drunkenness or from drug addiction or
dependence;
(f) successfully complete basic education and training requirements established by rule by
the division in collaboration with the board;
(g) pass the examination requirement established by rule by the division in collaboration
with the board; and
(h) meet with the division and board if requested by the division or board.
[(4) Each applicant for licensure as an alarm response runner shall:]
[(a) submit an application in a form prescribed by the division;]
[(b) pay a fee determined by the department under Section 63-38-3.2 ;]
[(c) be of good moral character in that the applicant has not been convicted of a felony, a

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misdemeanor involving moral turpitude, or any other crime that when considered with the duties and
responsibilities of an alarm response runner is considered by the division and board to indicate that
the best interests of the public are not served by granting the applicant a license;]
[(d) not have been declared by any court of competent jurisdiction incompetent by reason
of mental defect or disease and not been restored;]
[(e) not be currently suffering from habitual drunkenness or from drug addiction or
dependence; and]
[(f) meet with the division and board if requested by the division or board.]
[(5)] (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
the division may make rules establishing when Federal Bureau of Investigation records shall be
checked for applicants.
[(6)] (5) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
and (3)(c), [and (4)(c),] the division shall provide an appropriate number of copies of fingerprint
cards to the Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure under this chapter and each applicant's officers,
directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and responsible
management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the F.B.I. for criminal history information under this section.
[(7)] (6) The Department of Public Safety shall send to the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of a
fingerprint card from the division and a request for review of Department of Public Safety records;
and
(b) the results of the F.B.I. review concerning an applicant in a timely manner after receipt
of information from the F.B.I.
[(8)] (7) (a) The division shall charge each applicant a fee, in accordance with Section

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63-38-3.2 , equal to the cost of performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records reviews,
and the Department of Public Safety shall pay the F.B.I. the costs of records reviews under this
chapter.
[(9)] (8) Information obtained by the division from the reviews of criminal history records
of the Department of Public Safety and the F.B.I. shall be used or disseminated by the division only
for the purpose of determining if an applicant for licensure under this chapter is qualified for
licensure.
Section 4. Section 58-63-305 is amended to read:
58-63-305. Status of licenses held on the effective date of this chapter.
An individual holding a valid Utah license as a contract security company, armed private
security officer, or unarmed private security officer[, or alarm response runner] under Title 53,
Chapter 5, Part 4, Security Personnel Licensing and Regulation Act, on July 1, 1995, is:
(1) on or after July 1, 1995, considered to hold a current license under this chapter in the
comparable classification of contract security company, armed private security officer, or unarmed
private security officer[, or alarm response runner]; and
(2) subject to this chapter.
Section 5. Section 58-63-308 is amended to read:
58-63-308. Evidence of licensure.
An individual licensed as an armed private security officer[,] or unarmed private security
officer[, and alarm response runner] shall:
(1) carry a copy of the individual's license on the individual's person at all times while acting
as a licensee; and
(2) display the license upon the request of a peace officer, a representative of the division,
or a member of the public.
Section 6. Section 58-63-310 is amended to read:
58-63-310. Interim permits.
(1) Upon receipt of a complete application for licensure in accordance with Section

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58-63-302 , an applicant for licensure as an armed private security officer[,] or unarmed private
security officer[, or alarm response runner] may be issued an interim permit.
(2) (a) Each interim permit shall expire 90 days after it is issued or on the date on which the
applicant is issued a license, whichever is earlier.
(b) The division may reissue an interim permit if the delay in approving a license is beyond
the control or influence of the interim permit holder.
(3) An interim permit holder may engage in the scope of practice defined for the license
classification that the interim permit holder is seeking.
Section 7. Section 58-63-501 is amended to read:
58-63-501. Unlawful conduct.
"Unlawful conduct" includes:
(1) employing as a contract security company the services of an unlicensed armed private
security officer[,] or unarmed private security officer, [or alarm response runner,] except as provided
under Section 58-63-304 or 58-63-310 ; and
(2) filing with the division fingerprint cards for an applicant which are not those of the
applicant, or are in any other way false or fraudulent and intended to mislead the division in its
consideration of the qualifications of the applicant for licensure.
Section 8. Section 58-63-502 is amended to read:
58-63-502. Unprofessional conduct.
"Unprofessional conduct" includes:
(1) failing as a contract security company to notify the division of the cessation of
performance of its qualifying agent or failing to replace its qualifying agent, as required under
Section 58-63-306 ;
(2) failing as an armed private security officer[,] or unarmed private security officer, [or
alarm response runner,] to carry or display a copy of the licensee's license as required under Section
58-63-308 ;
(3) employment by a contract security company of a qualifying agent, armed private security
officer, or unarmed private security officer[, or alarm response runner] knowing that the individual

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has engaged in conduct that is inconsistent with the duties and responsibilities of a licensee under
this chapter; and
(4) failing to comply with operating standards established by rule.

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