S.B. 92 Enrolled

1

PRIVATE SECURITY SERVICES
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Margaret Dayton
5 House Sponsor: Keith Grover
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Security Personnel and Licensing Act and the Public Safety Code
10 regarding peace officers.
11 Highlighted Provisions:
12 This bill:
13 . requires that law enforcement agencies establish a written policy regarding peace
14 officers working as security officers while off-duty including the issue of financial
15 responsibility;
16 . requires that law enforcement agencies provide written authorization for a peace
17 officer to work while off-duty as a security officer; and
18 . requires that the employer of the off-duty officer comply with state and federal
19 income reporting and withholding requirements.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-63-304, as last amended by Laws of Utah 2008, Chapter 382
27 ENACTS:
28 53-13-114, Utah Code Annotated 1953
29

30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53-13-114 is enacted to read:
32 53-13-114. Off-duty peace officer working as a security officer.
33 A peace officer may engage in off-duty employment as a security officer under Section
34 58-63-304 only if:
35 (1) the law enforcement agency employing the peace officer has a written policy
36 regarding peace officer employees working while off-duty as security officers;
37 (2) the agency's chief administrative officer, or that officer's designee, provides written
38 authorization for an off-duty peace officer to work as a security officer; and
39 (3) the business or entity employing the off-duty peace officer to work as a security
40 officer complies with state and federal income reporting and withholding requirements
41 regarding the off-duty officer's wages.
42 Section 2. Section 58-63-304 is amended to read:
43 58-63-304. Exemptions from licensure.
44 (1) In addition to the exemptions from licensure in Section 58-1-307 , the following
45 individuals may engage in acts regulated under this chapter without being licensed under this
46 chapter:
47 (a) a peace officer employed by or licensed as a contract security company, as provided
48 in Subsection (2); and
49 (b) a person employed by a contract security company for the sole purpose of operating
50 or staffing security apparatus, including a magnetometer, magnetometer wand, x-ray viewing
51 device, or other device approved by rule of the division.
52 (2) A peace officer may only engage in off-duty employment as a security officer if:
53 (a) the law enforcement agency employing the peace officer has a written policy
54 regarding peace officer employees working while off-duty as a security officer and the policy
55 shall address the issue of financial responsibility;
56 (b) the agency's chief administrative officer, or that officer's designee, provides written
57 authorization for an off-duty peace officer to work as a security officer; and

58 (c) the business or entity employing the off-duty peace officer to work as a security
59 officer complies with state and federal income reporting and withholding requirements
60 regarding the off-duty officer's wages.
61 [(2)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
62 Act, the division may make rules approving security apparatus under Subsection (1)(b).