SB 218 — Constable Modifications

- 8 - SB0218 compared with SB0218S02 (a) by the constable only if the constable [has received] receives prior approval for the increased fee from the party requesting the service;

and (b) by a prevailing party as a cost of the action,action[ [onlyonly] ]if, if the court finds the service and increased fee are justifiable.

(3)(3)(a) (a) A county may, by resolution or ordinance, establish fees for constable services in addition to or in excess of the fees described in Section 17-72-304.

(4) Nothing in this section prohibits a constable from charging a private client a fee in a civil matter in which the county is not involved according to mutually agreed upon terms between the constable and the private clientclient, , unless the fee is prohibited by another provision of law.

17-78-605.17-78-605 .

(1)(1)(a) (a) A constable may only take action in a criminal matter:

(ii)- according8 to- theEnrolled termsCopy ofS.B. the contract between the constable and the county;

218 (ii) according to the terms of the contract between the constable and the county;

(2)(2)(a) - 9 - SB0218 compared with SB0218S02 (a) Except as provided in [Subsections (3) and (6), a] Subsections (4) and (7), a county shall pay a contracted constable [shall be paid ]in criminal matters for each copy of a summons, subpoena, notice, court order, or other criminal paper as follows:

and (ii)(ii)(A) (A) mileage of $1 per mile for each mile necessarily traveled in going only, to be computed from either the courthouse, or when transmitted by mail, from the post office where received[.] ;

[(3)] (4)(4)(a) (a) [A] A contracted constable acting under this chapter may charge a county a fee of $1 for each mile traveled for the purpose of serving, or to diligently attempt service of, a warrant of arrest, both in going to and returning from the defendant's address.

(c) A constable shall individually document each charge under this Subsection [(3) ] (4) on- the9 affidavit- ofS.B. return of service.

218 Enrolled Copy on the affidavit of return of service.

[(5)] (6)(6)[(a) [(a) Accounts against the county filed by constables for services in criminal cases shall be:] [(i) certified as correct by the county attorney or district attorney;

and] [(ii) presented to the auditor.] - 10 - SB0218 compared with SB0218S02 (a) Constables shall bill the county for services in criminal cases according to the terms of the constable's contract and this section.

17-78-606.17-78-606 .

58-1-301.5.58-1-301.5 .

(1)- As10 used- inEnrolled thisCopy section,S.B. "applicant" means an individual applying for licensure or certification, or with respect to a license or certification, applying for renewal, reinstatement, or relicensure or recertification, as required in:

218 (1) As used in this section, "applicant" means an individual applying for licensure or certification, or with respect to a license or certification, applying for renewal, reinstatement, or relicensure or recertification, as required in:

- 11 - SB0218 compared with SB0218S02 (d) Section 58-17b-304;

(3)- The11 division's- accessS.B. to criminal background information under this section:

218 Enrolled Copy (3) The division's access to criminal background information under this section:

- 12 - SB0218 compared with SB0218S02 (i) convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in abeyance, dismissed charges, and charges without a known disposition;

(6)(6)(a) (a) Upon receiving fingerprints from an applicant in accordance with Subsection (5), the division shall:

(b)- forward12 the- fingerprintsEnrolled toCopy theS.B. Federal Bureau of Investigation for a national criminal history background check;

and218 -(b) 13forward -the SB0218fingerprints comparedto with SB0218S02 (c) provide the resultsFederal fromBureau theof state,Investigation regional,for anda nationwidenational criminal history background checkscheck; to the division.

(8)and (a)(c) (i)provide Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the criminalresults backgroundfrom check required under this section demonstrates, after the applicantstate, isregional, licensedand ornationwide registered, that the applicant failed to accurately disclose a criminal history,history thebackground divisionchecks may provide notice to the applicantdivision. that the license or registration is immediately and automatically revoked.

(8)(a)(i) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the criminal background check required under this section demonstrates, after the applicant is licensed or registered, that the applicant failed to accurately disclose a criminal history, the division may provide notice to the applicant that the license or registration is immediately and automatically revoked.

(b)(b)(i) (i) An individual whose license has been revoked in accordance with Subsection (8)(a) is entitled to a hearing to challenge the revocation.

Section 958-91-101 is enacted to read:

58-91-101.CHAPTER 91.

Constables Licensing Act Part 1.

General Provisions 58-91-101 .

91.In addition to the definitions in Section 58-1-102, as used in this chapter:

Constables Licensing Act 1.

General Provisions In addition to the definitions in Section 58-1-102, as used in this chapter:

- 14 - SB0218 compared with SB0218S02 (2) "Advertising" means the submission of bids, contracting or making known by any public notice, publication, or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration.

(3) "Applicant" means a person who has submitted to the division a completed application and- all13 required- applicationS.B. and processing fees.

218 Enrolled Copy and all required application and processing fees.

(4){(5)}(5) "Board" means the Constables Licensing Board established in Section 58-91-201.

(5){(6)}(6) "Client" means a private individual or private entity that requests civil services from a licensed constable for pay.

(6){(7)}(7) "Constable" means an individual who is licensed as a constable under this chapter and who performs one or more of the duties described in Section 58-91-301.

(7){(8)}(8) "Contracting governmental entity" means:

(8){(9)}(9) "Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended.

(9){(11)}(11) "Emergency action" means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare.

(10){(12)}(12) "Identification card" means a personal pocket- or wallet-size card issued by the division to a licensee.

(11){(13)}(13) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.

(12){(14)}(14) "Licensee" means a person to whom a license is issued under this chapter.

(13){(15)}(15) "Occupied structure" means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons.

-(16) 15 - SB0218 compared with SB0218S02 (14){(16)} "Peace officer" means the same as that term is defined in Section 53-1-102.

(15){(17)}(17) "Prisoner" means the same as that term is defined in Section 17-72-101.

(16){(18)}(18) "Special function officer" means the same as that term is defined in Section 53-13-105.

(17){(19)}- "Supervision"14 means- theEnrolled employingCopy licenseeS.B. is responsible for and authorizes the type and extent of work assigned to an employee or independent contractor.

(18){(20)}218 "Unlawful(19) conduct""Supervision" means the sameemploying aslicensee thatis termresponsible isfor definedand inauthorizes Sectionsthe 58-1-501type and 58-91-801.extent of work assigned to an employee or independent contractor.

(19){(21)}(20) "Unprofessional"Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-91-802,58-91-801. and as may be further defined by the board by rule.

(21) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-91-802, and as may be further defined by the board by rule.

Section 1058-91-102 is enacted to read:

58-91-102.58-91-102 .

(4)(4)(a) (a) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer this chapter.

Section 1158-91-103 is enacted to read:

-58-91-103 16. - SB0218 compared with SB0218S02 58-91-103.

and (c)- apprentice15 constable.- S.B.

(1)(2)218 AnEnrolled applicantCopy for(c) aapprentice licenseconstable. described in this chapter shall:

(2) An applicant for a license described in this chapter shall:

(2)(3)(3)(a) (a) The division shall set initial licensing fees, renewal fees, and delinquency fees:

(i) by license classification, as described in Sectionthis 58-91-103;section;

(3)(4)(4) A person may not:

(4)(5)(5) The division shall, under the direction of the board, issue licenses to applicants who qualify for a license under this chapter.

(5)(6)(6) A license issued under this chapter is not transferable or assignable.

Section 1258-91-104 is enacted to read:

58-91-104.58-91-104 .

and - 17 - SB0218 compared with SB0218S02 (3) enforcing this chapter by:

Section 1358-91-201 is enacted to read:

58-91-201.Part 2.

Board 58-91-201 .

2.- 16 - Enrolled Copy S.B.

Board218 (1) There is created the Constables Licensing Board.

(b)(b)(i) (i) before January 1, 2027, an individual who has at least five years' experience acting as a constable in the state;

or (ii) beginning January 1, 2027, an individual who is licensed as a constable under {Title 58, Chapter 91, Constables Licensing Act} this chapter;

(c) {a } an individual serving as the sheriff or chief of police{;}police for a jurisdiction that has:

and (ii) does not have an immediate family member or a household member, or a personal or professional acquaintance, who is licensed {or registered } under this chapter.

-(4)(a)(i) 18 - SB0218 compared with SB0218S02 (3){(4)} (a) (i) The executive director shall appoint board members in accordance with Section 58-1-201.

(ii) In making the appointment of the board member described in {Subsection } Subsections (2)(2)(a) (a)andand (c), the executive director shall consider nominees put forth by the Utah Association of Counties.

(4){(5)}(5)(a) (a) The board shall carry out the board's duties and responsibilities in accordance with Sections- 58-1-20217 and- 58-1-203.S.B.

(b)218 TheEnrolled boardCopy shallSections designate58-1-202 oneand board58-1-203. member , on a rotating or ongoing basis, to:

(b) The board shall designate one board member, on a rotating or ongoing basis, to:

(5){(6)}(6) A board member who, under Subsection (4), has reviewed a complaint or advised in a complaint's investigation is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.

Section 1458-91-301 is enacted to read:

58-91-202.Part 3.

PowersLicensing andConstables duties58-91-301 of. the board.

(1) The board shall:

(a) (i) review all applications for licensing and renewals of licenses submitted by the division under this chapter;

and (ii) approve or disapprove applications;

(b) review all complaints and take disciplinary action;

and (c) establish standards for and approve providers of courses required for licensure.

(2) The board may take and hear evidence, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents, and other information relating to:

- 19 - SB0218 compared with SB0218S02 (a) investigation of an applicant for licensure under this chapter;

or (b) a formal complaint against, or division investigation of, a constable.

Section 14.

Section 14 is enacted to read:

58-91-301.

3.(1) A constable may:

Licensing Constables (1) A constable may:

(3){(4)}(4) Upon termination of a contract between a constable and a contracting governmental entity,- the18 constable- shallEnrolled notifyCopy theS.B. division no later than five business days after the day on which the termination takes effect.

(4){(5)}218 Beginningentity, January 1, 2027, a license is required to engage in the practiceconstable ofshall anotify constable, whether the constabledivision engagesno alater client,than afive contractingbusiness governmentaldays entity,after orthe both,day excepton aswhich providedthe intermination Sectionstakes 58-1-307effect. and 58-91-304.

(5) Beginning January 1, 2027, a license is required to engage in the practice of a constable, whether the constable engages a client, a contracting governmental entity, or both, except as provided in Sections 58-1-307 and 58-91-304.

Section 1558-91-302 is enacted to read:

58-91-302.58-91-302 .

(a) be {19 } 21 years old or older;

- 20 - SB0218 compared with SB0218S02 (b) be trained and certified as a special function officer in the state, as described in Section 53-13-105;

(e) consent to and complete a criminal background check described in Section 58-1-301.558-1-301.5; (c){(f)} submit an application in a form the division approves;

(d){(g)}(f) paysubmit aan feeapplication determinedin bya form the departmentdivision underapproves; Section 63J-1-504;

(e){(h)}(g) providepay evidencea thatfee thedetermined {constableby } applicant carries or will carry the minimumdepartment requiredunder insurance;Section 63J-1-504;

and(h) (f){(i)}provide meetevidence withthat the divisionapplicant andcarries board,or ifwill requestedcarry by the divisionminimum orrequired theinsurance; board.

and (i) meet with the division and board, if requested by the division or the board.

(2){(3)}(3) The division and board shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the type of insurance coverage and minimum coverage- amounts19 required- for:S.B.

218 Enrolled Copy coverage amounts required for:

{and} (c) a licensed constable who provides only civil services for a client{.}client; ;

Section 1658-91-303 is enacted to read:

58-91-303.58-91-303 .

-(1)(a) 21 - SB0218 compared with SB0218S02 (1) (a) The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule.

Section 1758-91-304 is enacted to read:

58-91-304.58-91-304 .

and (c) the client, contracting governmental entity, or licensed constable employing the peace officer to work as a constable complies with state and federal income reporting and- withholding20 requirements- regardingEnrolled theCopy off-dutyS.B. {law enforcement } peace officer's wages.

218 and withholding requirements regarding the off-duty peace officer's wages.

Section 58-91-30558-91-305, which is renumbered from Section 17-78-607 is renumbered and amended to read:

[17-78-607] 58-91-305.58-91-305 .

- 22 - SB0218 compared with SB0218S02 (2) While performing a duty [described in Section 17-78-603] within the scope of practice of a constable, as described in Section 58-91-301, a constable shall prominently display a [badge or other ]visible form of credentials and identification identifying:

Section 1958-91-306 is enacted to read:

58-91-306.58-91-306 .

Section- 20.21 - S.B.

Section218 20Enrolled isCopy enactedSection to20. read:

58-91-401.Section 58-91-401 is enacted to read:

Part 4.

License Denial and Discipline 58-91-401 .

4.The division and board may, in accordance with Section 58-1-401, take any of the following actions:

License Denial and Discipline The division and board may, in accordance with Section 58-1-401, take any of the following actions:

- 23 - SB0218 compared with SB0218S02 (4) issue a public or private reprimand to a licensee;

Section 2158-91-501 is enacted to read:

58-91-501.Part 5.

Unlawful Conduct - Unprofessional Conduct - Penalties 58-91-501 .

5."Unlawful conduct" includes:

Unlawful Conduct - Unprofessional Conduct - Penalties "Unlawful conduct" includes:

Section 2258-91-502 is enacted to read:

58-91-502.58-91-502 .

(a) engaging or offering to engage by fraud or misrepresentation in any activities regulated- by22 this- chapter;Enrolled Copy S.B.

218 regulated by this chapter;

- 24 - SB0218 compared with SB0218S02 (e) making a fraudulent or untrue statement to the board or division;

Section 2358-91-503 is enacted to read:

58-91-503.58-91-503 .

(3)(3)(a) (a) If upon inspection or investigation, the division determines that a person has violated Section 58-91-501 or any rule made or order issued under those subsections, and that disciplinary action is warranted, the director or the director's designee shall promptly issue a written citation to the individual and:

(ii)- order23 the- individualS.B. to cease and desist from the violation;

218 Enrolled Copy (ii) order the individual to cease and desist from the violation;

- 25 - SB0218 compared with SB0218S02 (c) Except for a cease and desist order, the division may not impose the licensure sanctions listed in Section 58-91-401 through the issuance of a citation under this section.

(f)(f)(i) (i) If within 20 days from the service of a citation the individual to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review.

and (c) for a subsequent offense under Subsection (3)(a), a fine of up to $2,000 for each day of- continued24 violation.- Enrolled Copy S.B.

218 of continued violation.

- 26 - SB0218 compared with SB0218S02 (a) the division previously issued a final order determining that a person committed a first or second offense in violation of Section 58-91-501;

or (b)(b)(i) (i) the division initiated an action for a first or second offense;

(7)(7)(a) (a) The division shall deposit a fine imposed by the director under Subsection (4) into the General Fund as a dedicated credit for use by the division for the purposes listed in Section 58-91-104.

Section 2458-91-601 is enacted to read:

58-91-601.Part 6.

Regulatory Jurisdiction 58-91-601 .

6.(1) Notwithstanding Title 17, Chapter 78, Part 6, Constables, or Section 10-7-87, a political subdivision of this state may not enact any ordinance, adopt any resolution, or make any policies relating to the licensing or regulation of constables.

Regulatory(2) JurisdictionAny (1)ordinance, Notwithstandingresolution, Title 17, Chapter 78, Part 6, Constables, or Sectionpolicy 10-7-87,made aby any political subdivision of this state mayrelating notto enactthe anylicensing, ordinance,training, adopt any resolution, or makeregulation anyof policiesconstables relatingis tosuperseded theby licensingthis or- regulation25 of- constables.S.B.

(2)218 AnyEnrolled ordinance,Copy resolution, or policy made by any political subdivision of this state relating to the licensing, training, or regulation of constables is superseded by this chapter.

- 27 - SB0218 compared with SB0218S02 (3) This section does not prevent a contracting governmental entity from:

76-6-1403.76-6-1403 .

- 28 - SB0218 compared with SB0218S02 (4) The log and entries shall be open to inspection by the following [officials having jurisdiction- over]26 individuals- inEnrolled theCopy areaS.B. in which the dealer does business during regular business hours:

218 jurisdiction over] individuals in the area in which the dealer does business during regular business hours:

(7)(7)(a) (a) The dealer may maintain the information required by Subsection (2) for repeat sellers who use the same vehicle to bring regulated metal for each transaction in a relational database that allows the dealer to enter an initial record of the seller's information and then relate subsequent transaction records to that initial information, except under Subsection (7)(b).

76-8-301.76-8-301 .

(1)(1)(a) (a) As used in this section[,] :

(ii)- [27 "public]- "PublicS.B. servant" does not include a juror.

-218 29Enrolled -Copy SB0218(ii) compared[ with"public] SB0218S02"Public (b)servant" Termsdoes definednot ininclude Sectionsa 76-1-101.5juror. and 76-8-101 apply to this section.

(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

78B-2-304.78B-2-304 .

78B-6-801.78B-6-801 .

(2)(2)(a) (a) "Constable" means an individual acting at the direction of:

- 30 - SB0218 compared with SB0218S02 (i) a city, as described in Section 10-7-87;

or (ii)- a28 county,- asEnrolled describedCopy inS.B. Title 17, Chapter 78, Part 6, Constables.

218 (ii) a county, as described in Title 17, Chapter 78, Part 6, Constables.

[(6)] (7)(7)(a) (a) "Peaceable possession" means having a legal right to possession.

[(7)] (8)(8)(a) - 31 - SB0218 compared with SB0218S02 (a) "Tenant" means any natural person and any individual, including a commercial tenant.

[(8)] (9) "Trespasser" means a person or entity that occupies real property but never had possessory- rights29 in- theS.B. premises.

218 Enrolled Copy possessory rights in the premises.

78B-7-102.78B-7-102 .

(7)(7)(a) (a) "Cohabitant" means an emancipated individual under Section 15-2-1 or an individual who is 16 years old or older who:

- 32 - SB0218 compared with SB0218S02 (ii) is or was living as if a spouse of the other party;

(vi)- resides30 or- hasEnrolled residedCopy inS.B. the same residence as the other party;

218 (vi) resides or has resided in the same residence as the other party;

[(12)] (13)(13)(a) (a) "Dating partner" means an individual who:

(i)(i)(A) (A) is an emancipated individual under Section 15-2-1 or Title 80, Chapter 7, Emancipation;

[(13)] (14)(14)(a) (a) "Dating relationship" means a social relationship of a romantic or intimate nature, or a relationship which has romance or intimacy as a goal by one or both parties, regardless of whether the relationship involves sexual intimacy.

- 33 - SB0218 compared with SB0218S02 (i) all relevant factors shall be considered, including:

(D)- the31 ongoing- expectationsS.B. of the parties, individual or jointly, with respect to the relationship;

218 Enrolled Copy (D) the ongoing expectations of the parties, individual or jointly, with respect to the relationship;

- 34 - SB0218 compared with SB0218S02 [(20)] (21) "Intimate partner" means the same as that term is defined in 18 U.S.C.

[(23)] (24) "Peace officer" means those individuals specified in Title 53, Chapter 13, Peace Officer- Classifications.32 - Enrolled Copy S.B.

218 Officer Classifications.

78B-8-302.78B-8-302 .

or (e) a private investigator licensed in accordance with {[TitleTitle 53, Chapter 9, Private Investigator Regulation Act{]}Act. Title 58, Chapter 91, Constables Licensing Act}.

- 35 - SB0218 compared with SB0218S02 (3) A private investigator licensed in accordance with {[TitleTitle 53, Chapter 9, Private Investigator Regulation Act{]}Act, Title 58, Chapter 91, Constables Licensing Act}, may not make an arrest pursuant to a bench warrant.

and (iii) the name and address of the agency employing the investigator or, if the investigator is self-self-employed, employed, the address of the investigator's place of business;

and (c)- print33 on- theS.B. first page of each document served:

218 Enrolled Copy (c) print on the first page of each document served:

- 36 - SB0218 compared with SB0218S02 (c) sign the return of service in substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act;

Section- 31.34 - Enrolled Copy S.B.

218 Section 31.

78B-8-303.78B-8-303 .

If the rates charged by private process servers exceed the rates established by law for service of process by [persons under Subsection 78B-8-302(1)]individuals78B-8-302(1)] individuals described in Section 78B-8-302, the excess charge may be recovered as costs of an action only if the court determines the service and charge were justifiable under the circumstances.

Effective date.

2-23-26 5:39 PM - 3735 -