S.B. 71 Enrolled

SECURITY PERSONNEL LICENSING
AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gene Davis
House Sponsor: Brent H. Goodfellow

LONG TITLE
General Description:
This bill amends the Security Personnel Licensing Act to provide that persons who
control entry to public events by duties such as taking tickets and checking bags are not
security officers under the act if these persons may not use force in their duties. This
bill also provides a definition of "specialized resources, motor vehicles, or equipment"
as this phrase is used in the act.
Highlighted Provisions:
This bill:
. provides an exception to the definition of security officer for persons whose duties
at public events:
. are limited to activities such as taking tickets, and checking bags and purses;
and
. may include denying entry, but do not involve use of physical force; and
. provides a definition of "specialized resources, motor vehicles, or equipment"
specifically designed for use by law enforcement or in security or guard services,
and also lists exemptions, such as uniforms that are not marked with the term
"security" or "guard," and items other than firearms that may be used for security or
guard services without modification.
Monies Appropriated in this Bill:
None
Other Special Clauses:

None
Utah Code Sections Affected:
AMENDS:
58-63-102, as last amended by Chapter 90, Laws of Utah 2004
58-63-304, 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) "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.
(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.
(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.
(4) "Board" means the Security Services Licensing Board created in Section 58-63-201 .
(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.

(6) "Identification card" means a personal pocket or wallet size card issued by the
division to each security officer licensed under this chapter.
(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.
(8) "Owner" means a proprietor or general partner of a proprietorship or partnership, a
lessee or assignee of the owner, the manager of the facility, or the event operator.
(9) "Peace officer" means a person who:
(a) is a certified peace officer as defined in Title 53, Chapter 13, Peace Officer
Classifications; 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.
(10) "Regular basis" means 20 or more hours per month.
(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 (11)(a).
(c) (i) "Security officer" does not include an individual whose duties include taking
admission tickets, checking credentials, ushering, or checking bags, purses, backpacks, or other
materials to be carried into a facility as described in Subsection (11)(c)(ii) if:
(A) the individual carries out these duties without the use or aid of any specialized
equipment;
(B) the authority of the individual is limited to denying entry or passage of a person into
or within the facility; and
(C) the individual is not authorized to use physical force in the performance of the duties
under this Subsection (11)(c).
(ii) As used in this Subsection (11)(c), "facility" means a sports, concert, or theatrical
venue or any convention center, fairgrounds, public assembly facility, or mass gathering location.
(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.
(13) "Specialized resources, motor vehicles, or equipment" means items of tangible
personal property specifically designed for use in law enforcement or in providing security or
guard services, or that have been specially equipped with devices or features specifically
designed for use in providing law enforcement, security, or guard services, but do not include:
(a) standardized clothing, whether or not bearing a company name or logo, if the clothing
does not bear the words "security" or "guard"; or
(b) items of tangible personal property, other than firearms or nonlethal weapons, that
may be used without modification in providing security or guard services.
[(13)] (14) "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.
[(14)] (15) "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;
(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.
[(15)] (16) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-63-501 .
[(16)] (17) "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 58-63-304 is amended to read:
58-63-304. Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307 , the following
individuals may engage in acts regulated under this chapter without being licensed under this
chapter:
(a) a peace officer employed by or licensed as a contract security company; and
(b) a person employed by a contract security company for the sole purpose of operating
or staffing security apparatus, including a magnetometer, magnetometer wand, x-ray viewing
device, or other device approved by rule of the division.
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
division may make rules approving security apparatus under Subsection (1)(b).