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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Private Investigator Regulation Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ removes the state residency requirements related to obtaining or renewing a license
13 under the Private Investigator Regulation Act; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides a special effective date.
19 Utah Code Sections Affected:
20 AMENDS:
21 53-9-108, as last amended by Laws of Utah 2018, Chapter 287
22 53-9-111, as last amended by Laws of Utah 2018, Chapter 417
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53-9-108 is amended to read:
26 53-9-108. Qualifications for licensure.
27 (1) (a) An applicant under this chapter shall be [
28 least:
29 (i) 21 years of age to apply for an agency license or a registrant license; or
30 (ii) 18 years of age to apply for an apprentice license.
31 (b) An applicant may not have been:
32 (i) convicted of a felony;
33 (ii) convicted of an act involving illegally using, carrying, or possessing a dangerous
34 weapon;
35 (iii) convicted of an act of personal violence or force on any person or convicted of
36 threatening to commit an act of personal violence or force against another person;
37 (iv) convicted of an act constituting dishonesty or fraud;
38 (v) convicted of an act involving moral turpitude within the past 10 years unless the
39 conviction has been expunged under the provisions of Title 77, Chapter 40, Utah Expungement
40 Act;
41 (vi) placed on probation or parole;
42 (vii) named in an outstanding arrest warrant; or
43 (viii) convicted of illegally obtaining or disclosing private, controlled, or protected
44 records as provided in Section 63G-2-801.
45 (c) If previously or currently licensed in another state or jurisdiction, the applicant shall
46 be in good standing within that state or jurisdiction.
47 (2) In assessing if an applicant meets the requirements under Subsection (1)(b), the
48 board shall consider mitigating circumstances presented by an applicant.
49 (3) (a) An applicant for an agency license shall have:
50 (i) a minimum of 5,000 hours of investigative experience that consists of actual work
51 performed as a licensed private investigator, an investigator in the private sector, an
52 investigator for the federal government, or an investigator for a state, county, or municipal
53 government; or
54 (ii) if the applicant held a registrant license or an apprentice license under this chapter
55 on or before May 1, 2010, a minimum of 2,000 hours of investigative experience that consists
56 of actual work performed as a licensed private investigator, an investigator in the private
57 sector, an investigator for the federal government, or an investigator for a state, county, or
58 municipal government.
59 (b) An applicant for a registrant license shall have a minimum of 2,000 hours of
60 investigative experience that consists of actual investigative work performed as a licensed
61 private investigator, an investigator in the private sector, an investigator for the federal
62 government, an investigator for a state, county, or municipal government, or a process server.
63 (c) At least 1,000 hours of the investigative experience required under this Subsection
64 (3) shall have been performed within 10 years immediately prior to the application.
65 (d) An applicant shall substantiate investigative work experience required under this
66 Subsection (3) by providing:
67 (i) the exact details as to the character and nature of the investigative work on a form
68 prescribed by the bureau and certified by the applicant's employers; or
69 (ii) if the applicant is applying for the reinstatement of an agency license, internal
70 records of the applicant that demonstrate the investigative work experience requirement has
71 previously been met.
72 (e) (i) The applicant shall prove completion of the investigative experience required
73 under this Subsection (3) to the satisfaction of the board and the board may independently
74 verify the certification offered on behalf of the applicant.
75 (ii) The board may independently confirm the claimed investigative experience and the
76 verification of the applicant's employers.
77 (4) An applicant for an apprentice license, lacking the investigative experience required
78 for a registrant license, shall meet all of the qualification standards in Subsection (1), and shall
79 complete an apprentice application.
80 (5) An applicant for an agency or registrant license may receive credit toward the hours
81 of investigative experience required under Subsection (3) as follows:
82 (a) an applicant may receive credit for 2,000 hours of investigative experience if the
83 applicant:
84 (i) has an associate's degree in criminal justice or police science from an accredited
85 college or university; or
86 (ii) is certified as a peace officer; and
87 (b) an applicant may receive credit for 4,000 hours of investigative experience if the
88 applicant has a bachelor's degree in criminal justice or police science from an accredited
89 college or university.
90 (6) The board shall determine if the applicant may receive credit under Subsection (5)
91 toward the investigative and educational experience requirements under Subsection (3).
92 [
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94 Section 2. Section 53-9-111 is amended to read:
95 53-9-111. License and registration fees -- Deposit in General Fund.
96 (1) Fees for individual and agency licensure and renewal shall be in accordance with
97 Section 63J-1-504.
98 (2) (a) The bureau may renew a license granted under this chapter upon receipt of:
99 [
100 [
101 and
102 [
103 (b) (i) The renewal of a license requires the filing of all certificates of insurance or
104 proof of surety bond as required by this chapter.
105 (ii) Renewal of a license may not be granted more than 180 days after expiration.
106 (c) A licensee may not engage in activity subject to this chapter during the period
107 between the date of expiration of the license and the renewal of the license.
108 (3) (a) The bureau shall renew a suspended license if:
109 (i) the period of suspension has been completed;
110 (ii) the bureau has received a renewal application from the applicant on forms
111 prescribed by the bureau; and
112 (iii) the applicant has:
113 (A) filed all certificates of insurance or proof of surety bond as required by this
114 chapter; and
115 (B) paid the fees required by this section for renewal, including a delinquency fee if the
116 application is not received by the bureau within 30 days of the termination of the suspension.
117 (b) Renewal of the license does not entitle the licensee, while the license remains
118 suspended and until it is reinstated, to engage in activity regulated by this chapter, or in other
119 activity or conduct in violation of the order or judgment by which the license was suspended.
120 (4) The bureau may not reinstate a revoked license or accept an application for a
121 license from a person whose license has been revoked for at least one year from the date of
122 revocation.
123 (5) All fees, except the fingerprint processing fee, collected by the bureau under this
124 section shall be deposited in the General Fund.
125 Section 3. Effective date.
126 If approved by two-thirds of all the members elected to each house, this bill takes effect
127 upon approval by the governor, or the day following the constitutional time limit of Utah
128 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
129 the date of veto override.