S.B. 92

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;
15 . requires that law enforcement agencies provide written authorization for a peace
16 officer to work while off-duty as a security officer; and
17 . requires that the employer of the off-duty officer comply with state and federal
18 income reporting and withholding requirements.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 58-63-304, as last amended by Laws of Utah 2008, Chapter 382
26 ENACTS:
27 53-13-114, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53-13-114 is enacted to read:
31 53-13-114. Off-duty peace officer working as a security officer.
32 A peace officer may engage in off-duty employment as a security officer under Section
33 58-63-304 only if:
34 (1) the law enforcement agency employing the peace officer has a written policy
35 regarding peace officer employees working while off-duty as security officers;
36 (2) the agency's chief administrative officer, or that officer's designee, provides written
37 authorization for an off-duty peace officer to work as a security officer; and
38 (3) the business or entity employing the off-duty peace officer to work as a security
39 officer complies with state and federal income reporting and withholding requirements
40 regarding the off-duty officer's wages.
41 Section 2. Section 58-63-304 is amended to read:
42 58-63-304. Exemptions from licensure.
43 (1) In addition to the exemptions from licensure in Section 58-1-307 , the following
44 individuals may engage in acts regulated under this chapter without being licensed under this
45 chapter:
46 (a) a peace officer employed by or licensed as a contract security company, as provided
47 in Subsection (2); and
48 (b) a person employed by a contract security company for the sole purpose of operating
49 or staffing security apparatus, including a magnetometer, magnetometer wand, x-ray viewing
50 device, or other device approved by rule of the division.
51 (2) A peace officer may only engage in off-duty employment as a security officer if:
52 (a) the law enforcement agency employing the peace officer has a written policy
53 regarding peace officer employees working while off-duty as a security officer;
54 (b) the agency's chief administrative officer, or that officer's designee, provides written
55 authorization for an off-duty peace officer to work as a security officer; and
56 (c) the business or entity employing the off-duty peace officer to work as a security
57 officer complies with state and federal income reporting and withholding requirements
58 regarding the off-duty officer's wages.

59 [(2)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
60 Act, the division may make rules approving security apparatus under Subsection (1)(b).




Legislative Review Note
as of 2-2-11 1:14 PM

Office of Legislative Research and General Counsel