H.B. 203 Enrolled





Chief Sponsor: Edward H. Redd

Senate Sponsor: Lyle W. Hillyard

             7      LONG TITLE
             8      General Description:
             9          This bill modifies the Bail Bond Recovery Act regarding board membership
             10      qualifications.
             11      Highlighted Provisions:
             12          This bill:
             13          .    modifies the membership of the Bail Bond Recovery Licensure Board regarding the
             14      member who is required to be an owner of a bail bond surety company, so that the
             15      member may also be a bail enforcement agent or a bail recovery agent.
             16      Money Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          None
             20      Utah Code Sections Affected:
             21      AMENDS:
             22           53-11-104 , as last amended by Laws of Utah 2010, Chapter 286
             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 53-11-104 is amended to read:
             26           53-11-104. Board.
             27          (1) (a) There is established under the Department of Public Safety a Bail Bond
             28      Recovery Licensure Board consisting of five members appointed by the commissioner.
             29          (b) The commissioner may appoint, in accordance with this section, persons who are

             30      also serving in the same capacity on the Private Investigator Hearing and Licensure Board
             31      under Section 53-9-104 .
             32          (2) Each member of the board shall be a citizen of the United States and a resident of
             33      this state at the time of appointment:
             34          (a) one member shall be a person who is qualified for and is licensed under this
             35      chapter;
             36          (b) one member shall be a an attorney licensed to practice in the state;
             37          (c) one member shall be a chief of police or sheriff;
             38          (d) one member shall be an owner of a bail bond surety company [who is not a bail
             39      enforcement agent or a bail recovery agent]; and
             40          (e) one member shall be a public member who [does not have]:
             41          (i) does not have a financial interest in a bail bond surety or bail bond recovery
             42      business; and
             43          (ii) does not have an immediate family member or a household member, or a personal
             44      or professional acquaintance who is licensed or registered under this chapter.
             45          (3) (a) As terms of current board members expire, the commissioner shall appoint each
             46      new member or reappointed member to a four-year term, except as required by Subsection
             47      (3)(b).
             48          (b) The commissioner shall, at the time of appointment or reappointment, adjust the
             49      length of terms to ensure that the terms of board members are staggered so that approximately
             50      half of the board is appointed every two years.
             51          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             52      appointed for the unexpired term.
             53          (5) At its first meeting every year, the board shall elect a chair and vice chair from its
             54      membership.
             55          (6) A member may not receive compensation or benefits for the member's service, but
             56      may receive per diem and travel expenses in accordance with:
             57          (a) Section 63A-3-106 ;

             58          (b) Section 63A-3-107 ; and
             59          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             60      63A-3-107 .
             61          (7) A member may not serve more than one term, except that a member appointed to
             62      fill a vacancy or appointed for an initial term of less than four years under Subsection (3) may
             63      be reappointed for one additional full term.
             64          (8) The commissioner, after a board hearing and recommendation, may remove any
             65      member of the board for misconduct, incompetency, or neglect of duty.
             66          (9) Members of the board are immune from suit with respect to all acts done and
             67      actions taken in good faith in carrying out the purposes of this chapter.

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