SB 38 — Consumer Protection Modifications
Last action — Governor Signed
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 22, 2025. Enacted.
Signed by Governor Spencer Cox (Republican) on March 17, 2026.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 R · 1 D) — cross-party backing.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
9075 added · 8440 removedPlain-language change summary
The updated version of Bill SB 38 includes important changes aimed at enhancing consumer protections, particularly concerning generative artificial intelligence. It adds a new chapter specifically addressing consumer disclosures and enforcement related to AI, which is essential as this technology becomes more prevalent. Additionally, the bill clarifies the division's authority to investigate relevant conduct, require proper filing procedures, and manage financial securities like surety bonds. These amendments are significant because they reinforce the regulatory framework to keep up with evolving technologies and ensure consumer safety.
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Consumer Protection Modifications GENERAL SESSION STATE OF UTAH Chief Sponsor:
Todd Weiler House Sponsor:Ashlee Matthews 3 LONG TITLE General Description:
▸ adds Title 13, Chapter 77, Generative Artificial Intelligence - Consumer Disclosures and Enforcement, to the list of chapters the Division of Consumer Protection (division) enforcSs;enforces;
3 SB0038 compared with SB0038S02 ▸ amends provisions relating to an entity's surety bond and certificate of deposit;
▸ clarifies that the issuance of certain documents does not constitute an approval or endorsementS.B. by the division or the state;
38 Enrolled Copy endorsement by the division or the state;
▸ - 2 - SB0038 compared with SB0038S02 amends provisions relating to an annual report a person is required to file with the division;
{and} ▸ removes references to the attorney general's enforcement powers in relation to the division;
AMENDS:- 2 - Enrolled Copy S.B.
10-3-20938 (EffectiveAMENDS: 05/06/26), as last amended by Laws of Utah 2024, Chapter 447 13-11-8 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 442 13-11-16 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 302, 442 13-11-17 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 442 13-15-102 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2022, Chapter 243 13-15-201 (Effective 05/06/26), as enacted by Laws of Utah 2022, Chapter 243 13-15-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2022, Chapter 243 13-25a-105 (Effective 05/06/26), as last amended by Laws of Utah 2021, Chapter 289 13-28-7 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 302 13-32a-102.5 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 284 13-32a-106.5 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 201 13-34-102 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-103 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-104 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-105 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-106 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-108 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-109 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 19 13-34-111 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-201 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 - 3 - SB0038 compared with SB0038S02 13-34-202 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 458 13-34-302 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 458 13-41-202 (Effective 05/06/26), as last amended by Laws of Utah 2021, Chapter 226 13-42-102 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-103 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-104 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-105 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-106 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-107 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-108 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-109 (Effective 05/06/26), as last amended by Laws of Utah 2009, Chapter 183 13-42-110 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-111 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-112 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-113 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-114 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-118 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-119 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-121 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-122 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-123 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-128 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-129 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-132 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-133 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-134 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-135 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-49-102 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-201 (Effective 05/06/26), as last amended by Laws of Utah 2016, Chapter 348 13-49-202 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-204 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 - 4 - SB0038 compared with SB0038S02 13-49-301 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-302 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-49-303 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-305 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-401 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-49-402 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-403 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-49-404 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-51-102 (Effective 05/06/26), as last amended by Laws of Utah 2019, Chapter 459 13-51-104 (Effective 05/06/26), as enacted by Laws of Utah 2015, Chapter 461 13-51-105 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 351 13-52-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 181 13-52-202 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 181 13-52-207 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 136 13-52-301 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 136 13-52-302 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 181 13-53-103 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-53-104 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-53-105 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-53-108 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-53-110 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-57-102 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-201 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-202 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-203 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-302 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-401 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-402 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-502 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-61-101 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 186 13-64-101 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 509 - 5 - SB0038 compared with SB0038S02 13-64-301 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 509 13-65-203 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 377 13-68-101 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-201 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-202 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-204 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-301 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-302 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-303 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-401 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 209 13-68-402 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-403 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-404 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-70-101 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 132 13-70-301 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 132 13-71-101 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 206 13-71-301 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 206 13-72a-101 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 269 13-72a-204 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 269 13-76-101 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 446 13-77-101 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 465 13-77-102 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 465 13-78-101 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 237 13-78-102 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 237 13-78-103 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 237 13-78-104 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 237 16-6a-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 9 16-6a-203 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 102 16-6a-1503 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 102 - 6 - SB0038 compared with SB0038S02 17-70-401 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 20A-11-104 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 447 36-11-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 16 51-9-801 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 167 54-8b-18 (Effective 05/06/26), as enacted by Laws of Utah 1999, Chapter 113 58-16a-305 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 256 63G-2-305 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 17 63G-26-103 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 416 71A-4-101 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 231 76-5c-401 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, Chapter 173 76-5c-402 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, Chapter 173 78B-3-112 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 365 ENACTS:
10-3-209 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 447 13-11-8 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 442 13-11-16 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 302, 442 13-11-17 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 442 13-15-102 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2022, Chapter 243 13-15-201 (Effective 05/06/26), as enacted by Laws of Utah 2022, Chapter 243 13-15-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2022, Chapter 243 13-25a-105 (Effective 05/06/26), as last amended by Laws of Utah 2021, Chapter 289 13-28-7 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 302 13-32a-102.5 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 284 13-32a-106.5 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 201 13-34-102 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-103 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-104 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-105 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-106 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-108 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-109 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 19 13-34-111 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-201 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2023, Chapter 458 13-34-202 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 458 13-34-302 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 458 13-41-202 (Effective 05/06/26), as last amended by Laws of Utah 2021, Chapter 226 - 3 - S.B.
38 Enrolled Copy 13-42-102 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-103 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-104 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-105 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-106 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-107 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-108 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-109 (Effective 05/06/26), as last amended by Laws of Utah 2009, Chapter 183 13-42-110 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-111 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-112 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-113 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-114 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-118 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-119 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-121 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-122 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-123 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-128 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-129 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-132 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-133 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-134 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-42-135 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 152 13-49-102 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-201 (Effective 05/06/26), as last amended by Laws of Utah 2016, Chapter 348 13-49-202 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-204 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-301 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-302 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-49-303 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-305 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-49-401 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-49-402 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 - 4 - Enrolled Copy S.B.
38 13-49-403 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-49-404 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-51-102 (Effective 05/06/26), as last amended by Laws of Utah 2019, Chapter 459 13-51-104 (Effective 05/06/26), as enacted by Laws of Utah 2015, Chapter 461 13-51-105 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 351 13-52-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 181 13-52-202 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 181 13-52-207 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 136 13-52-301 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 136 13-52-302 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 181 13-53-103 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-53-104 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-53-105 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-53-108 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-53-110 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-57-102 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-201 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-202 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-203 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-302 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-401 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-402 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-57-502 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-61-101 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 186 13-64-101 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 509 13-64-301 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 509 13-65-203 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 377 13-68-101 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-201 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-202 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-204 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-301 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-302 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-303 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 - 5 - S.B.
38 Enrolled Copy 13-68-401 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 209 13-68-402 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-403 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-404 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-70-101 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 132 13-70-301 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 132 13-71-101 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 206 13-71-301 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 206 13-72a-101 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 269 13-72a-204 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 269 13-76-101 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 446 13-77-101 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 465 13-77-102 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 465 13-78-101 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 237 13-78-102 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 237 13-78-103 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 237 13-78-104 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 237 16-6a-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 9 16-6a-203 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 102 16-6a-1503 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 102 17-70-401 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 20A-11-104 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 447 36-11-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 16 51-9-801 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 167 54-8b-18 (Effective 05/06/26), as enacted by Laws of Utah 1999, Chapter 113 58-16a-305 (Effective 05/06/26), as last amended by Laws of Utah 2012, Chapter 256 63G-2-305 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 17 63G-26-103 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 416 71A-4-101 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 231 76-5c-401 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, - 6 - Enrolled Copy S.B.
38 Chapter 173 76-5c-402 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, Chapter 173 78B-3-112 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 365 ENACTS:
13-2-102 (Effective 05/06/26) (Superseded 07/01/26), (Renumbered from 13-2-1, as last amended by Laws of Utah 2025, Chapters 51, 181, 237, and 269) 13-2-102 (Effective 07/01/26), (Renumbered from 13-2-1, as last amended by Laws of Utah 2025, Chapter 468) 13-2-103 (Effective 05/06/26), (Renumbered from 13-2-2, as last amended by Laws of Utah 1990, Chapter 93) - 7 - SB0038 compared with SB0038S02 13-2-104 (Effective 05/06/26), (Renumbered from 13-2-3, as last amended by Laws of Utah 2021, Chapter 344) 13-2-105 (Effective 05/06/26), (Renumbered from 13-2-4, as enacted by Laws of Utah 1983, Chapter 57) 13-2-106 (Effective 05/06/26), (Renumbered from 13-2-5, as last amended by Laws of Utah 2008, Chapter 382) 13-2-107 (Effective 05/06/26), (Renumbered from 13-2-6, as last amended by Laws of Utah 2025, Chapter 442) 13-2-108 (Effective 05/06/26), (Renumbered from 13-2-7, as last amended by Laws of Utah 1994, Chapter 177) 13-2-109 (Effective 05/06/26), (Renumbered from 13-2-8, as last amended by Laws of Utah 2023, Chapter 375) 13-2-110 (Effective 05/06/26), (Renumbered from 13-2-9, as last amended by Laws of Utah 2012, Chapter 347) 13-2-111 (Effective 05/06/26), (Renumbered from 13-2-10, as enacted by Laws of Utah 2023, Chapter 76) 13-2-112 (Effective 05/06/26), (Renumbered from 13-2-11, as enacted by Laws of Utah 2024, Chapter 101) 13-21-101 (Effective 05/06/26), (Renumbered from 13-21-2, as last amended by Laws of Utah 2011, Chapter 289) 13-21-102 (Effective 05/06/26), (Renumbered from 13-21-3, as last amended by Laws of Utah 2009, Chapter 183) 13-21-103 (Effective 05/06/26), (Renumbered from 13-21-3.5, as enacted by Laws of Utah 1994, Chapter 186) 13-21-104 (Effective 05/06/26), (Renumbered from 13-21-4, as last amended by Laws of Utah 2025, Chapter 302) 13-21-105 (Effective 05/06/26), (Renumbered from 13-21-5, as enacted by Laws of Utah 1985, Chapter 29) 13-21-106 (Effective 05/06/26), (Renumbered from 13-21-6, as last amended by Laws of Utah 1988, Chapter 96) - 87 - SB0038S.B. compared with SB0038S02 13-21-107 (Effective 05/06/26), (Renumbered from 13-21-7, as last amended by Laws of Utah 2007, Chapter 306) 13-21-108 (Effective 05/06/26), (Renumbered from 13-21-7.5, as enacted by Laws of Utah 2024, Chapter 109) 13-21-109 (Effective 05/06/26), (Renumbered from 13-21-8, as last amended by Laws of Utah 2024, Chapter 158) 13-21-110 (Effective 05/06/26), (Renumbered from 13-21-9, as last amended by Laws of Utah 1988, Chapter 96) 13-22-101 (Effective 05/06/26), (Renumbered from 13-22-2, as last amended by Laws of Utah 2024, Chapter 102) 13-22-102 (Effective 05/06/26), (Renumbered from 13-22-3, as last amended by Laws of Utah 2024, Chapter 158) 13-22-103 (Effective 05/06/26), (Renumbered from 13-22-4, as last amended by Laws of Utah 2024, Chapter 102) 13-22-104 (Effective 05/06/26), (Renumbered from 13-22-5, as last amended by Laws of Utah 2024, Chapter 102) 13-22-105 (Effective 05/06/26), (Renumbered from 13-22-9, as last amended by Laws of Utah 2024, Chapter 102) 13-22-106 (Effective 05/06/26), (Renumbered from 13-22-11, as last amended by Laws of Utah 2024, Chapter 102) 13-22-107 (Effective 05/06/26), (Renumbered from 13-22-12, as last amended by Laws of Utah 2024, Chapter 102) 13-22-108 (Effective 05/06/26), (Renumbered from 13-22-13, as last amended by Laws of Utah 2024, Chapter 102) 13-22-109 (Effective 05/06/26), (Renumbered from 13-22-14, as last amended by Laws of Utah 2024, Chapter 102) 13-22-110 (Effective 05/06/26), (Renumbered from 13-22-15, as repealed and reenacted by Laws of Utah 2024, Chapter 102) 13-22-111 (Effective 05/06/26), (Renumbered from 13-22-16, as last amended by Laws of Utah 2024, Chapter 102) - 9 - SB0038 compared with SB0038S02 13-22-112 (Effective 05/06/26), (Renumbered from 13-22-17, as last amended by Laws of Utah 2024, Chapter 102) 13-22-113 (Effective 05/06/26), (Renumbered from 13-22-19, as enacted by Laws of Utah 1993, Chapter 280) 13-22-114 (Effective 05/06/26), (Renumbered from 13-22-22, as last amended by Laws of Utah 2024, Chapter 102) 13-22-115 (Effective 05/06/26), (Renumbered from 13-22-23, as enacted by Laws of Utah 2001, Chapter 210) 13-22-116 (Effective 05/06/26), (Renumbered from 13-22-24, as enacted by Laws of Utah 2024, Chapter 102) 13-23-101 (Effective 05/06/26), (Renumbered from 13-23-2, as last amended by Laws of Utah 2022, Chapters 400, 415) 13-23-102 (Effective 05/06/26), (Renumbered from 13-23-3, as last amended by Laws of Utah 2022, Chapter 400) 13-23-103 (Effective 05/06/26), (Renumbered from 13-23-4, as last amended by Laws of Utah 2022, Chapter 274) 13-23-104 (Effective 05/06/26), (Renumbered from 13-23-5, as last amended by Laws of Utah 2022, Chapter 400) 13-23-105 (Effective 05/06/26), (Renumbered from 13-23-6, as last amended by Laws of Utah 2022, Chapter 400) 13-23-106 (Effective 05/06/26), (Renumbered from 13-23-7, as last amended by Laws of Utah 2021, Chapter 266) 13-23-107 (Effective 05/06/26), (Renumbered from 13-23-8, as last amended by Laws of Utah 2022, Chapter 400) 13-26-101 (Effective 05/06/26), (Renumbered from 13-26-2, as last amended by Laws of Utah 2022, Chapter 324) 13-26-102 (Effective 05/06/26), (Renumbered from 13-26-3, as last amended by Laws of Utah 2022, Chapter 324) 13-26-104 (Effective 05/06/26), (Renumbered from 13-26-4, as last amended by Laws of Utah 2022, Chapter 324) - 10 - SB0038 compared with SB0038S02 13-26-105 (Effective 05/06/26), (Renumbered from 13-26-5, as last amended by Laws of Utah 2022, Chapter 324) 13-26-106 (Effective 05/06/26), (Renumbered from 13-26-8, as last amended by Laws of Utah 2022, Chapter 324) 13-26-107 (Effective 05/06/26), (Renumbered from 13-26-10, as enacted by Laws of Utah 1991, Chapter 184) 13-26-108 (Effective 05/06/26), (Renumbered from 13-26-11, as last amended by Laws of Utah 2022, Chapter 324) REPEALS:
13-15-10138 (EffectiveEnrolled 05/06/26),Copy as13-2-111 renumbered and amended by Laws of Utah 2022, Chapter 243 13-21-1 (Effective 05/06/26), as(Renumbered enactedfrom by13-2-10, Laws of Utah 1985, Chapter 29 13-22-1 (Effective 05/06/26), as enacted by Laws of Utah 1987,2023, Chapter 12276) 13-23-113-2-112 (Effective 05/06/26), as(Renumbered enactedfrom by13-2-11, Laws of Utah 1987, Chapter 105 13-25a-101 (Effective 05/06/26), as enacted by Laws of Utah 1996,2024, Chapter 26101) 13-26-113-21-101 (Effective 05/06/26), as(Renumbered enactedfrom by13-21-2, Laws of Utah 1990, Chapter 154 13-32a-101 (Effective 05/06/26), as last amended by Laws of Utah 2022,2011, Chapter 201289) 13-32a-112.113-21-102 (Effective 05/06/26), (Renumbered from 13-21-3, as last amended by Laws of Utah 2022,2009, Chapter 201183) 13-42-10113-21-103 (Effective 05/06/26), (Renumbered from 13-21-3.5, as enacted by Laws of Utah 2006,1994, Chapter 154186) 13-42-14013-21-104 (Effective 05/06/26), (Renumbered from 13-21-4, as enactedlast amended by Laws of Utah 2006,2025, Chapter 154302) 13-49-10113-21-105 (Effective 05/06/26), (Renumbered from 13-21-5, as enacted by Laws of Utah 2012,1985, Chapter 37529) 13-49-20313-21-106 (Effective 05/06/26), (Renumbered from 13-21-6, as last amended by Laws of Utah 2016,1988, Chapter 34896) 13-49-30413-21-107 (Effective 05/06/26), (Renumbered from 13-21-7, as last amended by Laws of Utah 2015,2007, Chapter 236306) 13-51-10113-21-108 (Effective 05/06/26), (Renumbered from 13-21-7.5, as enacted by Laws of Utah 2015,2024, Chapter 461109) 13-51-20113-21-109 (Effective 05/06/26), (Renumbered from 13-21-8, as last amended by Laws of Utah 2018,2024, Chapter 111158) 13-51-20313-21-110 (Effective 05/06/26), (Renumbered from 13-21-9, as last amended by Laws of Utah 2018,1988, Chapter 11196) 13-51-20413-22-101 (Effective 05/06/26), as(Renumbered enactedfrom by13-22-2, Laws of Utah 2016, Chapter 359 13-52-101 (Effective 05/06/26), as enactedlast amended by Laws of Utah 2018,2024, Chapter 290102) 13-53-10113-22-102 (Effective 05/06/26), (Renumbered from 13-22-3, as last amended by Laws of Utah 2025,2024, Chapter 51158) 13-57-10113-22-103 (Effective 05/06/26), as(Renumbered enactedfrom by13-22-4, Laws of Utah 2020, Chapter 118 13-68-203 (Effective 05/06/26), as enactedlast amended by Laws of Utah 2023,2024, Chapter 536102) 13-68-30413-22-104 (Effective 05/06/26), (Renumbered from 13-22-5, as enactedlast amended by Laws of Utah 2023,2024, Chapter 536102) -13-22-105 11(Effective -05/06/26), SB0038(Renumbered comparedfrom with13-22-9, SB0038S02 13-68-305 (Effective 05/06/26), as enactedlast amended by Laws of Utah 2023,2024, Chapter 536102) Be- it8 enacted- byEnrolled theCopy LegislatureS.B. of the state of Utah:
38 13-22-106 (Effective 05/06/26), (Renumbered from 13-22-11, as last amended by Laws of Utah 2024, Chapter 102) 13-22-107 (Effective 05/06/26), (Renumbered from 13-22-12, as last amended by Laws of Utah 2024, Chapter 102) 13-22-108 (Effective 05/06/26), (Renumbered from 13-22-13, as last amended by Laws of Utah 2024, Chapter 102) 13-22-109 (Effective 05/06/26), (Renumbered from 13-22-14, as last amended by Laws of Utah 2024, Chapter 102) 13-22-110 (Effective 05/06/26), (Renumbered from 13-22-15, as repealed and reenacted by Laws of Utah 2024, Chapter 102) 13-22-111 (Effective 05/06/26), (Renumbered from 13-22-16, as last amended by Laws of Utah 2024, Chapter 102) 13-22-112 (Effective 05/06/26), (Renumbered from 13-22-17, as last amended by Laws of Utah 2024, Chapter 102) 13-22-113 (Effective 05/06/26), (Renumbered from 13-22-19, as enacted by Laws of Utah 1993, Chapter 280) 13-22-114 (Effective 05/06/26), (Renumbered from 13-22-22, as last amended by Laws of Utah 2024, Chapter 102) 13-22-115 (Effective 05/06/26), (Renumbered from 13-22-23, as enacted by Laws of Utah 2001, Chapter 210) 13-22-116 (Effective 05/06/26), (Renumbered from 13-22-24, as enacted by Laws of Utah 2024, Chapter 102) 13-23-101 (Effective 05/06/26), (Renumbered from 13-23-2, as last amended by Laws of Utah 2022, Chapters 400, 415) 13-23-102 (Effective 05/06/26), (Renumbered from 13-23-3, as last amended by Laws of Utah 2022, Chapter 400) 13-23-103 (Effective 05/06/26), (Renumbered from 13-23-4, as last amended by Laws of Utah 2022, Chapter 274) 13-23-104 (Effective 05/06/26), (Renumbered from 13-23-5, as last amended by Laws of Utah 2022, Chapter 400) 13-23-105 (Effective 05/06/26), (Renumbered from 13-23-6, as last amended by Laws of Utah 2022, Chapter 400) 13-23-106 (Effective 05/06/26), (Renumbered from 13-23-7, as last amended by Laws of Utah 2021, Chapter 266) - 9 - S.B.
38 Enrolled Copy 13-23-107 (Effective 05/06/26), (Renumbered from 13-23-8, as last amended by Laws of Utah 2022, Chapter 400) 13-26-101 (Effective 05/06/26), (Renumbered from 13-26-2, as last amended by Laws of Utah 2022, Chapter 324) 13-26-102 (Effective 05/06/26), (Renumbered from 13-26-3, as last amended by Laws of Utah 2022, Chapter 324) 13-26-104 (Effective 05/06/26), (Renumbered from 13-26-4, as last amended by Laws of Utah 2022, Chapter 324) 13-26-105 (Effective 05/06/26), (Renumbered from 13-26-5, as last amended by Laws of Utah 2022, Chapter 324) 13-26-106 (Effective 05/06/26), (Renumbered from 13-26-8, as last amended by Laws of Utah 2022, Chapter 324) 13-26-107 (Effective 05/06/26), (Renumbered from 13-26-10, as enacted by Laws of Utah 1991, Chapter 184) 13-26-108 (Effective 05/06/26), (Renumbered from 13-26-11, as last amended by Laws of Utah 2022, Chapter 324) REPEALS:
13-15-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2022, Chapter 243 13-21-1 (Effective 05/06/26), as enacted by Laws of Utah 1985, Chapter 29 13-22-1 (Effective 05/06/26), as enacted by Laws of Utah 1987, Chapter 122 13-23-1 (Effective 05/06/26), as enacted by Laws of Utah 1987, Chapter 105 13-25a-101 (Effective 05/06/26), as enacted by Laws of Utah 1996, Chapter 26 13-26-1 (Effective 05/06/26), as enacted by Laws of Utah 1990, Chapter 154 13-32a-101 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 201 13-32a-112.1 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 201 13-42-101 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-42-140 (Effective 05/06/26), as enacted by Laws of Utah 2006, Chapter 154 13-49-101 (Effective 05/06/26), as enacted by Laws of Utah 2012, Chapter 375 13-49-203 (Effective 05/06/26), as last amended by Laws of Utah 2016, Chapter 348 13-49-304 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 236 13-51-101 (Effective 05/06/26), as enacted by Laws of Utah 2015, Chapter 461 13-51-201 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 111 13-51-203 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 111 - 10 - Enrolled Copy S.B.
38 13-51-204 (Effective 05/06/26), as enacted by Laws of Utah 2016, Chapter 359 13-52-101 (Effective 05/06/26), as enacted by Laws of Utah 2018, Chapter 290 13-53-101 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 51 13-57-101 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 118 13-68-203 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-304 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 13-68-305 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 536 Be it enacted by the Legislature of the state of Utah:
10-3-209.10-3-209 (Effective 05/06/26).
(c)(c)(i) (i) "Personal use expenditure" means an expenditure that:
(I) clothing bearing the candidate's name or campaign slogan or logo that is used- in11 the- candidate'sS.B. campaign;
38 Enrolled Copy used in the candidate's campaign;
or - 12 - SB0038 compared with SB0038S02 (III) repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;
(i)(i)(A) (A) a mileage allowance at the rate established by the Division of Finance under Section 63A-3-107;
or (B)- for12 motor- fuelEnrolled orCopy specialS.B. fuel, as defined in Section 59-13-102;
38 (B) for motor fuel or special fuel, as defined in Section 59-13-102;
- 13 - SB0038 compared with SB0038S02 (iii) a travel expense, including an expense incurred for airfare or a rental vehicle;
(3)(3)(a) (a) A municipality may adopt an ordinance prohibiting a personal use expenditure by a candidate with requirements that are more stringent than the requirements provided in Subsection (4).
- 1413 - SB0038S.B. compared with SB0038S02 (c) If a municipality fails to adopt a personal use expenditure ordinance described in Subsection (3)(a), a candidate shall comply with the requirements contained in Subsection (4).
Show all 500 changed lines (460 more)
38 Enrolled Copy (c) If a municipality fails to adopt a personal use expenditure ordinance described in Subsection (3)(a), a candidate shall comply with the requirements contained in Subsection (4).
Section 213-2-101 is enacted to read:
13-2-101.Part 1.
General Provisions 13-2-101 (Effective 05/06/26).
1.As used in this chapter:
General Provisions As used in this chapter:
Section 13-2-10213-2-102, which is renumbered from Section 13-2-1 is renumbered and amended to read:
[13-2-1] 13-2-102.13-2-102 (Effective 05/06/26) (Superseded 07/01/26).
(1)- There14 is- establishedEnrolled withinCopy theS.B. Department of Commerce the Division of Consumer Protection.
38 (1) There is established within the Department of Commerce the Division of Consumer Protection.
- 15 - SB0038 compared with SB0038S02 (a) Chapter 10a, Music Licensing Practices Act;
(cc) Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;[ and] (dd)- Chapter15 77, Generative Artificial Intelligence - ConsumerS.B. Disclosures and Enforcement;
and38 -Enrolled 16Copy -(dd) SB0038Chapter compared77, withGenerative SB0038S02Artificial [(dd)]Intelligence (ee)- ChapterConsumer 78,Disclosures Earnedand WageEnforcement; Access Services Act.
and [(dd)] (ee) Chapter 78, Earned Wage Access Services Act.
Section 13-2-10213-2-102, which is renumbered from Section 13-2-1 is renumbered and amended to read:
[13-2-1] 13-2-102.13-2-102 (Effective 07/01/26).
(k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction- Information16 Act;- Enrolled Copy S.B.
38 Transaction Information Act;
- 17 - SB0038 compared with SB0038S02 (n) Chapter 42, Uniform Debt-Management Services Act;
and (b) a process by which a person may be removed from the list the division establishes as described- in17 Subsection- (3)(a).S.B.
-38 18Enrolled -Copy SB0038described comparedin withSubsection SB0038S02(3)(a). Section 5.
Section 13-2-1035. is renumbered and amended to read:
[13-2-2]Section 13-2-103.13-2-103, which is renumbered from Section 13-2-2 is renumbered and amended to read:
[13-2-2] 13-2-103 (Effective 05/06/26).
Section 13-2-10413-2-104, which is renumbered from Section 13-2-3 is renumbered and amended to read:
[13-2-3] 13-2-104.13-2-104 (Effective 05/06/26).
(4)(4)(a) (a) [An] Subject to Subsection (4)(b), the director may designate an investigator employed [pursuant to] in accordance with Subsection (3) [may be designated] as a special function officer, as that term is defined in Section 53-13-105[, by the director,] .
Section 13-2-10513-2-105, which is renumbered from Section 13-2-4 is renumbered and amended to read:
[13-2-4] 13-2-105.13-2-105 (Effective 05/06/26).
(2) The director shall prepare and submit to the executive director a budget of the administrative- expenses18 for- theEnrolled division.Copy S.B.
38 administrative expenses for the division.
Section 13-2-10613-2-106, which is renumbered from Section 13-2-5 is renumbered and amended to read:
[13-2-5] 13-2-106.13-2-106 (Effective 05/06/26).
- 19 - SB0038 compared with SB0038S02 The director [has authority to] may:
Section 13-2-10713-2-107, which is renumbered from Section 13-2-6 is renumbered and amended to read:
[13-2-6] 13-2-107.13-2-107 (Effective 05/06/26).
(c) an internet connection by a resident or inhabitant of this state with a resident- or nonresident-nonresident-maintained maintained internet site;
[(1)] (2) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division- [shall19 have- authorityS.B. to] may convene administrative hearings, issue cease and desist orders, and impose fines under all the chapters identified in Section [13-2-1] 13-2-102.
38 Enrolled Copy division [shall have authority to] may convene administrative hearings, issue cease and desist orders, and impose fines under all the chapters identified in Section [13-2-1] 13-2-102.
- 20 - SB0038 compared with SB0038S02 [(3)] (4) If the division has reasonable cause to believe that a person has violated or is violating any chapter listed in Section [13-2-1] 13-2-102, the division may promptly issue the alleged violator a citation signed by the division's director or the director's designee.
(c)(c)(i) (i) Except as provided in Subsection [(3)(c)(iii)] (4)(c)(iii), if the presiding officer finds that there is not substantial evidence that the recipient violated a chapter listed in Section [13-2-1] 13-2-102:
(iii) For a citation issued for a violation of Chapter 41, Price Controls During Emergencies Act, if the presiding officer finds that there is not clear and convincing- evidence20 that- theEnrolled recipientCopy violatedS.B. the chapter:
38 convincing evidence that the recipient violated the chapter:
and - 21 - SB0038 compared with SB0038S02 (B) the division may enter a cease and desist order against the recipient.
(d)(d)(i) (i) A citation issued under this chapter may be personally served upon a person upon whom a summons may be served in accordance with the Utah Rules of Civil Procedure.
(e)(e)(i) (i) If the recipient fails to make a request for review within 20 calendar days after the day on which the division issues the citation, the citation shall become the final order of the division.
[(4)] (5)(5)[(a)] [(a)] A person [who][who ] that [has ]has violated, is violating, or has attempted[ ] to violate a chapter identified in Section [13-2-1] 13-2-102 is subject to the division's jurisdiction if:
[(b) As used in this section, "transactional resources" means:] [(i) a mail drop or mail box, regardless of whether the mail drop or mail box is located on the premises of a United States Post Office;] [(ii) a telephone or facsimile transmission device;] [(iii) an Internet connection by a resident or inhabitant of this state with a resident- or nonresident-nonresident-maintained maintained Internet site;] [(iv)- a21 business- officeS.B. or private residence used for a business-related purpose;] [(v) an account with or services of a financial institution;] [(vi) the services of a common or private carrier;
or]38 [(vii)Enrolled theCopy use[(iv) of a city,business county,office or stateprivate assetresidence orused facility,for including a roadbusiness-related orpurpose;] highway.][(v) [(5)]an (6)account Thewith director or theservices director'sof designee, for the purposes outlined in a chapterfinancial administeredinstitution;] by[(vi) the division,services may administer oaths, issue subpoenas, compel the attendance of witnesses,a conductcommon - 22 - SB0038 compared with SB0038S02 audits, compel sworn responses to written questions, or compelprivate thecarrier; production of papers, books, accounts, documents, or evidence.
[(6)]or] (7)[(vii) (a)the Anuse administrativeof actiona filedcity, undercounty, thisor chapterstate asset or facility, including a chapterroad listedor highway.] [(5)] (6) The director or the director's designee, for the purposes outlined in Sectiona [13-2-1]chapter 13-2-102administered shallby bethe commenceddivision, nomay lateradminister thanoaths, 10issue yearssubpoenas, aftercompel the dayattendance onof whichwitnesses, conduct audits, compel sworn responses to written questions, or compel the allegedproduction violationof occurs.papers, books, accounts, documents, or evidence.
[(6)] (7)(a) An administrative action filed under this chapter or a chapter listed in Section [ 13-2-1] 13-2-102 shall be commenced no later than 10 years after the day on which the alleged violation occurs.
Section 13-2-10813-2-108, which is renumbered from Section 13-2-7 is renumbered and amended to read:
[13-2-7] 13-2-108.13-2-108 (Effective 05/06/26).
Section 13-2-10913-2-109, which is renumbered andfrom amendedSection to13-2-8 read:is renumbered - 22 - Enrolled Copy S.B.
[13-2-8]38 13-2-109.and amended to read:
[13-2-8] 13-2-109 (Effective 05/06/26).
(1) There is created an expendable special revenue fund known as the "Consumer Protection Education and Training Fund." (2)(2)(a) (a) Unless otherwise provided by a chapter listed in Section [13-2-1] 13-2-102, the division shall deposit into the Consumer Protection Education and Training Fund all money not distributed as consumer restitution that [is received by the division] the division receives from:
- 23 - SB0038 compared with SB0038S02 (i) administrative fines and settlements[, ] ;
(c) [All ] The division shall deposit all interest earned on fund money [shall be deposited ]into] into the [fund] Consumer Protection Education and Training Fund.
Section 13-2-11013-2-110, which is renumbered from Section 13-2-9 is renumbered and amended to read:
[13-2-9] 13-2-110.13-2-110 (Effective 05/06/26).
(1) The Division of Consumer Protection shall, subject to appropriation, contract with a person- to23 make- publicS.B. service announcements advising consumers about the dangers of using the Internet, especially:
38 Enrolled Copy person to make public service announcements advising consumers about the dangers of using the Internet, especially:
- 24 - SB0038 compared with SB0038S02 (2) Money appropriated under Subsection (1) shall be paid by the Division of Consumer Protection to a person only if:
Section 13-2-11113-2-111, which is renumbered from Section 13-2-10 is renumbered and amended to read:
[13-2-10] 13-2-111.13-2-111 (Effective 05/06/26).
(a)- make24 rules- inEnrolled accordanceCopy withS.B. Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish and operate the system described in Subsection (2);
38 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish and operate the system described in Subsection (2);
Section 13-2-11213-2-112, which is renumbered from Section 13-2-11 is renumbered and amended to read:
[13-2-11] 13-2-112.13-2-112 (Effective 05/06/26).
- 25 - SB0038 compared with SB0038S02 (i) is provided to the division;
(2)(2)(a) (a) A consumer complaint is a protected record as provided in Subsection 63G-2-305(87).
(i)(i)(A) (A) the consumer complaint is one of at least 10 consumer complaints filed with the division against the same person, alleging the same or similar conduct, and during the 12-month period immediately preceding the day on which the filer files the consumer complaint;
(B)- the25 consumer- complaintS.B. does not contain information that an agreement with another state or federal agency or a condition of participation in an investigation or litigation requires the division keep confidential;
38 Enrolled Copy (B) the consumer complaint does not contain information that an agreement with another state or federal agency or a condition of participation in an investigation or litigation requires the division keep confidential;
- 26 - SB0038 compared with SB0038S02 (4) In determining the number of complaints against the same person in accordance with Subsection (3)(a)(i)(A), the division may consider consumer complaints that are filed against multiple entities under common ownership as consumer complaints against the same person.
(a)- bank26 account- information;Enrolled Copy S.B.
38 (a) bank account information;
13-11-8.13-11-8 (Effective 05/06/26).
In addition to the authority described in Sections [13-2-5] 13-2-106 and [13-2-6] 13-2-107, the division may conduct research, hold public hearings, make inquiries, and publish studies - 27 - SB0038 compared with SB0038S02 relating to consumer sales acts or practices.
13-11-16.13-11-16 (Effective 05/06/26).
(2)(2)(a) (a) If the matter that the division subpoenas is located outside this state, the person subpoenaed may either make the matter available to the division at a convenient location within the state or pay the reasonable and necessary expenses for the division or the division's representative to examine the matter at the place where the matter is located.
13-11-17.- 27 - S.B.
38 Enrolled Copy 13-11-17 (Effective 05/06/26).
(2)(2)(a) - 28 - SB0038 compared with SB0038S02 (a) The division may bring a class action on behalf of consumers for the actual damages caused by an act or practice specified as violating this chapter in a rule adopted by the division under Section 13-11-9 before the consumer transactions on which the action is based, or declared to violate Section 13-11-4 or 13-11-5 by final judgment of courts of general jurisdiction and appellate courts of this state that was either reported officially or made available for public dissemination under Subsection 13-11-7(1)(c) by the division 10 days before the consumer transactions on which the action is based, or, with respect to a supplier who agreed to a consent judgment, was prohibited specifically by the terms of a consent judgment that became final before the consumer transactions on which the action is based.
(b)(b)(i) (i) On motion of the division and without bond in an action under this Subsection (2), the court may make appropriate orders, including appointment of a master or receiver or sequestration of assets, but only if it appears that the defendant is threatening or is about to remove, conceal, or dispose of the defendant's property to the damage of persons for whom relief is requested.
(c)- If28 an- actEnrolled orCopy practiceS.B. that violates this chapter unjustly enriches a supplier and damages can be computed with reasonable certainty, damages recoverable on behalf of consumers who cannot be located with due diligence shall be transferred to the state treasurer in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
38 (c) If an act or practice that violates this chapter unjustly enriches a supplier and damages can be computed with reasonable certainty, damages recoverable on behalf of consumers who cannot be located with due diligence shall be transferred to the state treasurer in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
(3)(3)(a)(i) - 29 - SB0038 compared with SB0038S02 (a) (i) The division may terminate an investigation or an action other than a class action upon acceptance of the supplier's written assurance of voluntary compliance with this chapter.
(b)(b)(i) (i) An assurance is not evidence of a prior violation of this chapter.
(4)(4)(a) (a) In addition to other penalties and remedies set out under this chapter, and in addition to the division's other enforcement powers under Chapter 2, Division of Consumer Protection, the division director may issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
(5)(5)(a) (a) Within 30 days after agency review or, if appealed to a court with jurisdiction, 30 days after judicial review of a final division order imposing an administrative fine, the supplier on whom the fine is imposed shall pay the fine in full.
(6) A court shall determine the fine imposed under Subsection (1)(e) or Subsection (2)(b)(ii)(D)- after29 considering- theS.B. following factors:
38 Enrolled Copy (2)(b)(ii)(D) after considering the following factors:
- 30 - SB0038 compared with SB0038S02 (c) cooperation by the supplier in an inquiry or investigation conducted by the division concerning the violation;
13-15-102.13-15-102 (Effective 05/06/26).
(1)(1)(a) (a) "Business opportunity" means an arrangement under which a person:
(C) the person will provide the buyer or lessee with a guarantee that the buyer or lessee will receive income from the product, equipment, supply, or service the buyer or lessee buys or leases from the person that exceeds the amount the buyer- or30 lessee- paysEnrolled toCopy buyS.B. or lease the product, equipment, supply, or service, and if not the person will repurchase the product, equipment, supply, or service, if the buyer or lessee is dissatisfied;
or38 -buyer 31or -lessee SB0038pays comparedto withbuy SB0038S02or (D)lease the buyerproduct, orequipment, lesseesupply, will or mayservice, deriveand incomeif fromnot the businessperson describedwill inrepurchase Subsectionthe (1)(a)(i)product, thatequipment, exceedssupply, theor amountservice, if the buyer or lessee paysis todissatisfied; buy or lease the product, equipment, supply, or service.
or (D) the buyer or lessee will or may derive income from the business described in Subsection (1)(a)(i) that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service.
(5)(5)(a) (a) "Initial required consideration" means the total amount a purchaser is obligated to pay under the terms of a business opportunity:
(7) "Purchaser" means a person who buys or leases from another person a business opportunity.- 31 - S.B.
-38 32Enrolled -Copy SB0038opportunity. compared with SB0038S02 (8) "Registered trademark" or "service mark" means a trademark, trade name, or service mark registered with the United States Patent and Trademark Office, or Utah, or the state of incorporation if a corporation.
(9)(8) (a)"Registered "Seller"trademark" or "service mark" means a persontrademark, whotrade offersname, toor sell,service offersmark toregistered lease,with sells,the orUnited leasesStates toPatent anotherand personTrademark aOffice, businessor opportunityUtah, or the state of incorporation if a franchise.corporation.
(9)(a) "Seller" means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity or a franchise.
13-15-201.13-15-201 (Effective 05/06/26).
(1)(1)(a) (a) Except as provided in Subsection (2), before a person may act as a seller in the state, the person shall obtain a proof of disclosure receipt from the division.
(2)(2)(a) (a) Before a person offers for sale or sells a franchise to be located in the state or to a resident of the state, the person shall obtain a proof of notice receipt from the division.
- 33 - SB0038 compared with SB0038S02 (A) the franchisor is in substantial compliance with the requirements of the Federal Trade Commission rule found at Title 16, Chapter I, Subchapter d, Trade Regulation Rules, Part 436, Disclosure Requirements and Prohibitions Concerning Franchising;
(B)- the32 name- ofEnrolled theCopy applicant;S.B.
38 (B) the name of the applicant;
- 34 - SB0038 compared with SB0038S02 (b) omit from a filing with the division a material statement of fact required by this chapter or rule made by the division in accordance with this chapter;
or (c) include in a filing with the division a material statement of fact that the seller or the seller's principal knew or should have known is false, deceptive, inaccurate, or misleading.- 33 - S.B.
38 Enrolled Copy misleading.
13-15-301.13-15-301 (Effective 05/06/26).
[(2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this chapter.] [(3)] (2)(2)(a) (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
[(5)] (4)(4)(a) (a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation.
- 35 - SB0038 compared with SB0038S02 (b) A civil penalty authorized under this section may be imposed in any civil action brought by [the attorney general on behalf of ]the division.
Section 2113-15-303 is enacted to read:
13-15-303.- 34 - Enrolled Copy S.B.
38 13-15-303 (Effective 05/06/26).
and (2)(2)(a) (a) the filing is incomplete, false, or misleading;
Section 13-21-10113-21-101, which is renumbered from Section 13-21-2 is renumbered and amended to read:
General Provisions [13-21-2] 13-21-101.13-21-101 (Effective 05/06/26).
- 36 - SB0038 compared with SB0038S02 As used in this chapter:
(2) "Credit report" {meas } means a written, oral, or other communication of information by a consumer reporting agent relating to a consumer's credit worthiness, credit standing, credit- capacity,35 character,- generalS.B. reputation, personal characteristics, or mode of living that the consumer reporting agent uses or collects to serve as a factor in establishing the consumer's eligibility for credit for personal, family, or household purposes.
38 Enrolled Copy credit capacity, character, general reputation, personal characteristics, or mode of living that the consumer reporting agent uses or collects to serve as a factor in establishing the consumer's eligibility for credit for personal, family, or household purposes.
(4)(4)(a) (a) "Credit score" means a numerical value or a categorization that a person:
[(3)] (5)(5)(a) (a) "Credit services organization" means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
- 37 - SB0038 compared with SB0038S02 (i) a person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States and who derives at least 35% of the person's income from making loans and extensions of credit;
(iii) a person licensed as a principal broker under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, if the person is acting within the course and scope of that- license;36 - Enrolled Copy S.B.
38 that license;
Section 13-21-10213-21-102, which is renumbered from Section 13-21-3 is renumbered and amended to read:
[13-21-3] 13-21-102.13-21-102 (Effective 05/06/26).
and - 38 - SB0038 compared with SB0038S02 (ii) unless exempted under Section [13-21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $100,000] 13-21-104, maintaining the following in a manner the division approves and in an amount of $100,000:
[(b)- make37 a- falseS.B. statement, or fail to state a material fact, in connection with an application for registration with the division;] [(c)] (b) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer;
38 Enrolled Copy [(b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division;] [(c)] (b) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer;
- 39 - SB0038 compared with SB0038S02 (i) include in a filing with the division a material statement of fact that the credit service organization or credit service organization's principal knew or should have known to be false, deceptive, inaccurate, or misleading;
[(h) transact any business as a credit services organization, as defined in Section 13-21-2, without first having registered with the division by paying an annual fee set pursuant to- Section38 63J-1-504- andEnrolled filingCopy proofS.B. that it has obtained a bond or letter of credit as required by Subsection (2).] (2) (a) The division may claim a credit service organization's surety bond or certificate of deposit for the benefit of a buyer who incurs damages as the result of the credit service organization's failure to comply with this chapter.
38 to Section 63J-1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).] (2)(a) The division may claim a credit service organization's surety bond or certificate of deposit for the benefit of a buyer who incurs damages as the result of the credit service organization's failure to comply with this chapter.
[(2)[(2)(a) (a) A bond, letter of credit from a Utah depository, or certificate of deposit posted with the division shall be used to cover the losses of any person arising from a violation of this chapter by the posting credit services organization.
Section 13-21-10313-21-103, which is renumbered from Section 13-21-3.5 is renumbered and amended to read:
[13-21-3.5] 13-21-103.13-21-103 (Effective 05/06/26).
- 40 - SB0038 compared with SB0038S02 (a) the name, [complete] mailing and physical address, and telephone number of the credit services organization;
(d)- the39 credit- serviceS.B. organization's registered agent for service of process in the state, and the registered agent's:
38 Enrolled Copy (d) the credit service organization's registered agent for service of process in the state, and the registered agent's:
[(d)] (e)(e)(i) (i) the case title, docket number, the names and addresses of all parties, and a detailed explanation of any administrative, civil, or criminal action in which the organization or any person identified in Subsection [(1)(b)] (2)(b) or (c) is a party to an administrative, civil, or criminal action that arose in this state or any other jurisdiction involving the offer to provide or the provision of services described in Subsection [Section 13-21-2(3)(a)] 13-21-101(5)(a);
or (ii) [a notarized statement of the ] an unsworn declaration made in accordance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, made by the credit services organization's chief executive officer or principal that neither the organization nor any person identified in Subsection [(1)(b)] (2)(2)(b) (b) or (c) is a party to any administrative, civil, or criminal action described in Subsection [(1)(d)[(1)(d)(i)] (i)] (2)(e)(i);
[(e)] (f) a detailed outline of the credit services organization's credit services program [to be offered in] that the credit services organization will offer in this state;[,state[, including two copies of any contract, form, sales literature, or other relevant document that will be used by the organization;
and] (g); a copy of any contract and other document that the credit services organization requires the consumer to sign;
(g) a copy of any contract and other document that the credit services organization requires the consumer to sign;
- 41 - SB0038 compared with SB0038S02 (3) A credit services organization shall update registration information within 30 days after the day on which any information the credit services organization provided on the application described in Subsection (1) becomes incorrect or incomplete.
and- (b)40 (i)- theEnrolled registrationCopy isS.B. incomplete, false, or misleading;
38 and (b)(i) the registration is incomplete, false, or misleading;
(5) To renew a registration, a credit services organization shall submit a registration application at least 30 days before the day on which the credit service organization's current registration expires.
or] - 42 - SB0038 compared with SB0038S02 [(b) a person described in Subsection (1)(b) or (c) has been found in an administrative, civil, or criminal action in any jurisdiction to have violated a law relating to the offer to provide or provision of the types of services described in Subsection 13-21-2(3)(a).] Section 25.
Section 13-21-10413-21-104, which is renumbered from Section 13-21-4 is renumbered and amended to read:
[13-21-4]- 13-21-104.41 - S.B.
38 Enrolled Copy [13-21-4] 13-21-104 (Effective 05/06/26).
Section 13-21-10513-21-105, which is renumbered from Section 13-21-5 is renumbered and amended to read:
[13-21-5] 13-21-105.13-21-105 (Effective 05/06/26).
Section 13-21-10613-21-106, which is renumbered from Section 13-21-6 is renumbered and amended to read:
[13-21-6] 13-21-106.13-21-106 (Effective 05/06/26).
- 43 - SB0038 compared with SB0038S02 (1) a complete and accurate statement of the buyer's right to review any file on the buyer [maintained[ maintained by any] a credit reporting agency maintains, as provided under 15 U.S.C.
(2) a statement that the credit reporting agency that issued a report upon which a credit denial was based shall conduct a review of the file on the buyer [will be conducted ]free of- charge42 [by- theEnrolled creditCopy reportingS.B. agency that issued a report upon which a credit denial was based], if requested within 30 days [of the buyer receiving] after the day on which the buyer receives a notice of a denial of credit;
38 of charge[ by the credit reporting agency that issued a report upon which a credit denial was based], if requested within 30 days [of the buyer receiving] after the day on which the buyer receives a notice of a denial of credit;
Section 13-21-10713-21-107, which is renumbered from Section 13-21-7 is renumbered and amended to read:
[13-21-7] 13-21-107.13-21-107 (Effective 05/06/26).
- 44 - SB0038 compared with SB0038S02 (c) a full and detailed description of the services [to be performed by ]the credit services organization will perform for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the credit services organization will perform the services[ are to be performed], or estimated length of time for performing the services;
and (d) the credit services organization's principal business address and the name and address- of43 its- agent,S.B. in Utah, authorized to receive service of process.
38 Enrolled Copy address of its agent, in Utah, authorized to receive service of process.
and (b) all[ ]all other documents the credit services organization requires the buyer to sign at the time [they are signed] the buyer signs the documents.
Section 13-21-10813-21-108, which is renumbered from Section 13-21-7.5 is renumbered and amended to read:
[13-21-7.5] 13-21-108.13-21-108 (Effective 05/06/26).
[(1) As used in this section:] [(a) "Consumer reporting agency" means the same as that term is defined in Section 13-45-102.] [(b) "Credit report" means the same as that term is defined in Section 13-45-102.] - 45 - SB0038 compared with SB0038S02 [(c) "Credit score" means the same as that term is defined in Section 31A-22-320.] [(2)] When a [consumer ]credit services organization provides a credit report to a buyer, the credit services organization shall provide to the buyer a written disclosure that identifies:
and [(c)] (3) the minimum and maximum possible scores under the credit score model [used by ]the] credit- reporting44 agency- usesEnrolled inCopy theS.B. credit report.
38 the credit reporting agency uses in the credit report.
Section 13-21-10913-21-109, which is renumbered from Section 13-21-8 is renumbered and amended to read:
[13-21-8] 13-21-109.13-21-109 (Effective 05/06/26).
(1)(1)[(a) [(a) Any] A waiver by a buyer of [any] a part of this chapter is void.
(3)(3)(a) (a) [Any ] A person who violates this chapter is guilty of a class A misdemeanor.
(6)(6)[(a)] [(a)] In addition to [other penalties under this section, the division director may issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.] the - 46 - SB0038 compared with SB0038S02 division's enforcement powers described in Chapter 2, Division of Consumer Protection, the division may:
and (f)- award45 any- otherS.B. relief the court deems reasonable and necessary.
38 Enrolled Copy (f) award any other relief the court deems reasonable and necessary.
Section 13-21-11013-21-110, which is renumbered from Section 13-21-9 is renumbered and amended to read:
[13-21-9] 13-21-110.13-21-110 (Effective 05/06/26).
[(3)] (4)(4)(a) (a) The [Division of Consumer Protection] division may maintain an action for damages or injunctive relief on behalf of [itself] the division or [any other] another person to enforce compliance with this chapter.
Section 13-22-10113-22-101, which is renumbered from Section 13-22-2 is renumbered and amended to read:
- 47 - SB0038 compared with SB0038S02 Part 1.
General Provisions [13-22-2] 13-22-101.13-22-101 (Effective 05/06/26).
(2)(2)(a) (a) "Charitable organization" [or "organization" ]means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity that:
(i) [who ]is or [holds itself out] claims to be[:] [(A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious- or46 eleemosynary,- socialEnrolled welfareCopy orS.B. advocacy, public health, environmental or conservation, or civic organization;] [(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association;
38 religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;] [(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association;
(5)(5)(a) - 48 - SB0038 compared with SB0038S02 (a) ["Charitable solicitation" or "solicitation"] "Charitable solicitation" means [any] a person's request, directly or indirectly, for money, credit, property, financial assistance, or [any other] another thing of value based on the plea or representation that [it will be used] the person will use the money, credit, property, financial assistance, or any other thing of value for a charitable purpose.
or (C) an application or other request for a [a ]private grant or, if made by an individual,- a47 public- grant;[S.B. or] (ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which [any] a person makes an appeal [is made for any] for a charitable purpose;
38 Enrolled Copy individual, a public grant;[ or] (ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which [any] a person makes an appeal [is made for any] for a charitable purpose;
or[, ] (iv) in connection with [any] a sale or donation, a person stating or implying that the [whole][ whole] person will give or donate all or [any] a part of the proceeds of [any] a sale or donation [will go to or be donated ]to [any] a charitable purpose.
(7)(7)(a) (a) "Contribution" means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
or - 49 - SB0038 compared with SB0038S02 (iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution.
(11)(11)(a) (a) "Exempt function" means the function of influencing or attempting to influence the selection, nomination, election, or appointment of an individual to a federal, state, or- local48 public- officeEnrolled orCopy anS.B. office in a political organization, or the election of presidential or vice-presidential electors, regardless of whether the individual or the electors are selected, nominated, elected, or appointed.
(b)38 "Exemptor function"local includespublic makingoffice or an expenditureoffice relatingin toa anpolitical officeorganization, describedor inthe Subsectionelection (11)of (a)presidential which,or ifvice-presidential incurredelectors, byregardless theof individual,whether wouldthe beindividual allowableor asthe aelectors deductionare underselected, sectionnominated, 162(a)elected, ofor I.R.C.appointed.
(b) "Exempt function" includes making an expenditure relating to an office described in Subsection (11)(a) which, if incurred by the individual, would be allowable as a deduction under section 162(a) of 26 I.R.C.
(16)(16)(a) (a) "Professional [fund raiser] fundraiser" means a person [who] that:
- 50 - SB0038 compared with SB0038S02 (A) solicits [contributions] a contribution;
(ii)(ii)(A) (A) for compensation or [any ]other consideration, plans, manages, consults, or prepares material for, or with respect to, the charitable solicitation of contributions for a charitable organization that is a nonprofit corporation, or [any[ any ]other person that is not a political organization;
(b)- "Professional49 [fund- raiser]S.B. fundraiser" does not include:
(i)38 anEnrolled individualCopy acting(b) in"Professional the[fund individual'sraiser] capacityfundraiser" asdoes anot bonainclude: fide officer, director, volunteer, or full- time employee of a charitable organization;
(i) an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization;
(17)(17)(a) (a) "Professional [fund raising] fundraising consultant" means [a person] an individual who:
and - 51 - SB0038 compared with SB0038S02 (iv) does not employ, procure, or engage any compensated person to solicit or receive contributions.
(i) an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-full-time time employee of a charitable organization;
or (C) creates a graphic design or other artwork without providing strategic or campaign-related- input.50 - Enrolled Copy S.B.
38 campaign-related input.
(19)(19)(a) (a) "Vending device" means a container used by a charitable organization or professional [fund raiser] fundraiser, for the purpose of collecting a charitable solicitation, contribution, or donation whether or not the device offers a product or item in return for the contribution or donation.
Section 13-22-10213-22-102, which is renumbered from Section 13-22-3 is renumbered and amended to read:
[13-22-3] 13-22-102.13-22-102 (Effective 05/06/26).
[(2) Upon request, the attorney general shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this chapter.] [(3)] (2)(2)(a) - 52 - SB0038 compared with SB0038S02 (a) The division may audit or investigate as necessary to determine whether a person is violating, has violated, or is about to violate a provision of this chapter or a rule made or order issued under this chapter.
(b) [ ]As part of [the] an investigation the division conducts in accordance with this Subsection {(3)} (2), the division may:
[(4)] (3) In addition to the division's enforcement powers under Chapter 2, Division of Consumer- Protection:51 - S.B.
38 Enrolled Copy Consumer Protection:
or (b) the division may bring an action in a court with jurisdiction to enjoin the [acts] act or [practices][ practices] practice constituting the violation or to enforce compliance with this chapter or a rule made or order issued under this chapter.
[(5)] (4) Upon a proper showing, the court hearing an action brought under Subsection [(4)(b)][ (4)(b)] (3)(b) may:
(e) order payment of money described in Subsection {(5)(d) } (4)(d) to an injured consumer;
- 53 - SB0038 compared with SB0038S02 (b) court costs;
[(7)] (6) In assessing the amount of a fine or penalty under Subsection [(4)(a), {[} (5)(f), or {]} (5)(g), ]{or] (5)(h), } (3)(a), or (4)(g) the director or court imposing the fine or penalty may consider the gravity of the violation.
[(8)] (7)(7)(a) (a) A person [who] that violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of up to $5,000 for each violation.
[(9)] (8)(8)(a) (a) The division may provide or contract to provide public education and voluntary education for applicants and registrants under this chapter.
(b) The public education that the division provides or contracts to provide under this Subsection {(9) } (8) may:
(i)- [52 ]be- inEnrolled theCopy formS.B. of publications, advertisements, seminars, courses, or other appropriate means[.] ;
38 (i) [ ]be in the form of publications, advertisements, seminars, courses, or other appropriate means[.] ;
Section 13-22-10313-22-103, which is renumbered from Section 13-22-4 is renumbered and amended to read:
[13-22-4] 13-22-103.13-22-103 (Effective 05/06/26).
Section 13-22-10413-22-104, which is renumbered from Section 13-22-5 is renumbered and amended to read:
[13-22-5] 13-22-104.13-22-104 (Effective 05/06/26).
- 54 - SB0038 compared with SB0038S02 (1) Unless a person acting as a professional [fund raiser is registered ] fundraiser registers with the division in accordance with Section [13-22-9] 13-22-105, the person may not:
(3) Registration as a professional fundraiser or professional fundraising consultant does not mean- the53 division- orS.B. the state approves or endorses the professional fundraiser or professional fundraising consultant.
38 Enrolled Copy mean the division or the state approves or endorses the professional fundraiser or professional fundraising consultant.
Section 13-22-10513-22-105, which is renumbered from Section 13-22-9 is renumbered and amended to read:
[13-22-9] 13-22-105.13-22-105 (Effective 05/06/26).
and (b) submit a written application[, verified under oath,] [on] in a form [approved by]by the]the division approves that includes:
(vi) the [name and address of the ]applicant's registered agent for service of process[process [ and a consent to service of process] in this state, and the registered agent's:
- 55 - SB0038 compared with SB0038S02 (B) street address;
(B) the method by which the person will conduct the charitable solicitation [will be conducted]conducted and]and the projected length of time [it is to be conducted] the person will conduct the charitable solicitation;
(C)- a54 statement- identifyingEnrolled howCopy theS.B. person will be paid, and if the person charges a flat fee, the amount of the flat fee;
38 (C) a statement identifying how the person will be paid, and if the person charges a flat fee, the amount of the flat fee;
- 56 - SB0038 compared with SB0038S02 [(C) the anticipated expenses of the plan, management, advice, or preparation of materials for, or with respect to, the solicitation, including all commissions, costs of collection, salaries, and other expenses;] [(D)] (C) a statement of [total fees to be earned or received from the charitable organization declared in the application, and what] the percentage of the contributions [collected] the person collects as a result of the plan, management, advice, or preparation of materials for, or with respect to, the charitable solicitation are projected after deducting the total fees [to be earned or received] the person will earn or receive remain available to the charitable organization- declared55 in- theS.B. application[, including a satisfactory statement of the factual basis for the projected percentage and projected anticipated revenues provided to the charitable organization, and if a flat fee is charged, documentation to support the reasonableness of such flat fee];
and38 [(E)]Enrolled (D)Copy aorganization statementdeclared ofin total net fees [earned or received] the personapplication[, earns or receives within the calendar year immediately preceding the [date of the application] day on which the person submits the applicant's application, including a descriptionsatisfactory statement of the expendituresfactual [made]basis thefor person makes from or [the use] uses of the netprojected [earnedpercentage orand receivedprojected ]feesanticipated therevenues personprovided earnsto or receives in the planning,charitable management,organization, advising,and orif preparationa offlat materialsfee for,is orcharged, withdocumentation respectto to,support the charitablereasonableness solicitation and use of thesuch contributionsflat solicitedfee]; for the charitable organization;
and [(E)] (D) a statement of total net fees [earned or received] the person earns or receives within the calendar year immediately preceding the [date of the application] day on which the person submits the applicant's application, including a description of the expenditures [made] the person makes from or [ the use] uses of the net [earned or received ]fees the person earns or receives in the planning, management, advising, or preparation of materials for, or with respect to, the charitable solicitation and use of the contributions solicited for the charitable organization;
[(xii) a copy of all agreements to which the applicant is, or proposes to be, a party regarding the use of proceeds;] - 57 - SB0038 compared with SB0038S02 [(xiii)] (xii) an acknowledgment that [fund raising] fundraising in the state will not commence until both the professional [fund raiser] fundraiser or professional [fund raising] fundraising consultant [and the charity, and its parent foundation, if any, are ] are registered and in compliance with this chapter;
(2) If information contained in the application for registration becomes incorrect or incomplete, the applicant or registrant shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information required- by56 the- division.Enrolled Copy S.B.
38 required by the division.
Section 13-22-10613-22-106, which is renumbered from Section 13-22-11 is renumbered and amended to read:
[13-22-11] 13-22-106.13-22-106 (Effective 05/06/26).
Section 13-22-10713-22-107, which is renumbered from Section 13-22-12 is renumbered and amended to read:
[13-22-12] 13-22-107.13-22-107 (Effective 05/06/26).
[The director may, in ] In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, [issue an order]theorder] the division may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration[, upon a finding that the order is in the public interest and that] if:
and - 58 - SB0038 compared with SB0038S02 [(1)] (2)(2)(a) (a) the application [for] or registration [or renewal ]is incomplete or misleading in [any][ any] a material respect;
[(a)] (i) [violated ] violates this chapter[ or committed a prohibited act or practice described- in57 this- chapter]S.B. , causes a violation of this chapter, allows a violation of this chapter, or fails to satisfy the requirements of a provision of:
38 Enrolled Copy described in this chapter] , causes a violation of this chapter, allows a violation of this chapter, or fails to satisfy the requirements of a provision of:
[(e) materially misrepresented or caused to be misrepresented the purpose and manner in which contributed funds and property will be used in connection with a solicitation;] [(f) caused or allowed a paid solicitor to violate a rule made or order issued under this chapter by the division;] [(g) failed to take corrective action with a solicitor that has violated this chapter or committed an act or practice prohibited by this chapter;] - 59 - SB0038 compared with SB0038S02 [(h) used, or attempted to use a name that is deceptive or is reasonably likely to cause confusion;] [(i) failed to timely file with the division a report or information required in this chapter or by rules made under this chapter;
or] [(j)- failed58 to- payEnrolled aCopy fineS.B. imposed by the division in accordance with Section 13-22-3.] Section 39.
Section38 13-22-108[(j) isfailed renumberedto andpay amendeda tofine read:imposed by the division in accordance with Section 13-22-3.] Section 39.
[13-22-13]Section 13-22-108.13-22-108, which is renumbered from Section 13-22-13 is renumbered and amended to read:
[13-22-13] 13-22-108 (Effective 05/06/26).
Section 13-22-10913-22-109, which is renumbered from Section 13-22-14 is renumbered and amended to read:
[13-22-14] 13-22-109.13-22-109 (Effective 05/06/26).
(1)(1)(a) (a) By issuing a registration, the state does not guarantee the accuracy of any representation contained in the registration, nor does [it] the state warrant that [any] a statement made by the holder of the registration is truthful.
Section 13-22-11013-22-110, which is renumbered from Section 13-22-15 is renumbered and amended to read:
[13-22-15] 13-22-110.13-22-110 (Effective 05/06/26).
(1)(1)(a) - 60 - SB0038 compared with SB0038S02 (a) [Beginning January 1, 2025, and subject ] Subject to Subsection (2), a charitable organization that is a nonprofit corporation, or that is a foreign nonprofit corporation, shall annually file with the Division of Corporations and Commercial Code an unredacted- copy59 of- theS.B. charitable organization's most [recent] recently filed IRS Form 990, 990-EZ, 990-N, or 990-PF.
38 Enrolled Copy unredacted copy of the charitable organization's most [recent] recently filed IRS Form 990, 990-EZ, 990-N, or 990-PF.
(2)(2)(a)(i) (a) (i) The division may not require a charitable organization to file Schedule B of a form described in Subsection (1).
(c) If a charitable organization files a tax exempt determination letter in accordance with Subsection (2)(2)(b), (b), that filing satisfies the filing requirement described in Subsection (1).
and (ii) the process by which a charitable organization [is required to] shall file the forms [ ]described] described in Subsection (1).
Section 13-22-11113-22-111, which is renumbered from Section 13-22-16 is renumbered and amended to read:
[13-22-16] 13-22-111.13-22-111 (Effective 05/06/26).
(1)(1)(a) - 61 - SB0038 compared with SB0038S02 (a) [Each] A professional [fund raiser] fundraiser shall segregate and maintain all contributed funds in an account held separately from the professional [fund raiser's] fundraiser's operating account.
(b) [Each ] A professional fundraiser shall deposit each contribution in the control or custody- of60 the- professionalEnrolled [fundCopy raiserS.B. shall, no later than 10 days after the day on which the contribution is received, be deposited ] fundraiser into an account at a bank or other federally insured financial institution that is in the name of the charitable organization no later than 10 days after the day on which the professional fundraiser receives the contribution.
38 custody of the professional [fund raiser shall, no later than 10 days after the day on which the contribution is received, be deposited ] fundraiser into an account at a bank or other federally insured financial institution that is in the name of the charitable organization no later than 10 days after the day on which the professional fundraiser receives the contribution.
Section 13-22-11213-22-112, which is renumbered from Section 13-22-17 is renumbered and amended to read:
[13-22-17] 13-22-112.13-22-112 (Effective 05/06/26).
Section 13-22-11313-22-113, which is renumbered from Section 13-22-19 is renumbered and amended to read:
- 6261 - SB0038S.B. compared with SB0038S02 [13-22-19] 13-22-113.
38 Enrolled Copy [13-22-19] 13-22-113 (Effective 05/06/26).
(1) The division may convey or exchange information obtained under this chapter with [other[ other agencies having] another agency that has regulatory authority over charitable organizations.
(2) The division may accept information that a charitable organization, [or ]professional [fund[ fund raiser] fundraiser, or fundraising consultant files in another state or with [any] a federal agency or other organization in place of substantially similar information that is required to be filed under this chapter.
Section 13-22-11413-22-114, which is renumbered from Section 13-22-22 is renumbered and amended to read:
[13-22-22] 13-22-114.13-22-114 (Effective 05/06/26).
(EffectiveCharitable 05/06/26)Charitable sales promotions.
Section 13-22-11513-22-115, which is renumbered from Section 13-22-23 is renumbered and amended to read:
[13-22-23] 13-22-115.13-22-115 (Effective 05/06/26).
[Every] A person soliciting, collecting, or expending [contributions] a contribution for charitable purposes, and every officer, director, trustee, or employee of [any] a person concerned with the charitable solicitation, collection, or expenditure of [those contributions]thecontributions] the contribution for charitable purposes, [shall be considered to be] is a fiduciary and [acting] acts in a fiduciary capacity.
Section 13-22-11613-22-116, which is renumbered from Section 13-22-24 is renumbered and amended to read:
[13-22-24] 13-22-116.13-22-116 (Effective 05/06/26).
(b) bank account information for the bank account where the professional [fund raiser will- hold62 ]- fundraiserEnrolled holdsCopy contributionsS.B. collected in connection with the [fund raising] fundraising campaign;
-38 63will -hold SB0038] comparedfundraiser withholds SB0038S02contributions (c)collected thein charitableconnection solicitationwith scripts that will be used for the [fund raising] fundraising campaign;
(c) the charitable solicitation scripts that will be used for the [fund raising] fundraising campaign;
Section 13-23-10113-23-101, which is renumbered from Section 13-23-2 is renumbered and amended to read:
General Provisions [13-23-2] 13-23-101.13-23-101 (Effective 05/06/26).
(2)- "Consumer"63 means- aS.B. purchaser of [health spa] fitness center services for consideration.
38 Enrolled Copy (2) "Consumer" means a purchaser of [health spa] fitness center services for consideration.
(4)(4)(a) (a) ["Health spa] "Fitness center" means a business enterprise that provides access to a facility:
- 64 - SB0038 compared with SB0038S02 (i) for a charge or a fee;
(xiii)- a64 nonprofit- religious,Enrolled ethnic,Copy orS.B. community organization;
38 (xiii) a nonprofit religious, ethnic, or community organization;
- 65 - SB0038 compared with SB0038S02 (xvi) a business enterprise that only offers a credit for a service that a separate business enterprise offers;
(6)(6)(a) (a) ["Health spa ] "Fitness center service" means instruction, a service, a privilege, or a right that a [health spa] fitness center offers for sale.
Section 13-23-10213-23-102, which is renumbered from Section 13-23-3 is renumbered and amended to read:
[13-23-3] 13-23-102.13-23-102 (Effective 05/06/26).
(1)(1)(a) (a) A contract for the purchase of a [health spa] fitness center service shall be in writing.- 65 - S.B.
38 Enrolled Copy writing.
(2)(2)(a) - 66 - SB0038 compared with SB0038S02 (a) The [health spa] fitness center shall provide the consumer with a fully completed copy of the contract required by Subsection (1):
(3)(3)(a) (a) A contract described in Subsection (1):
(5) A contract described in Subsection (1) shall specify which equipment or facility of the [health[ health spa] fitness center:
and (b) provide an email address and a mailing address where the consumer can send the [health[ health spa] fitness center a notice of intent to rescind the contract.
(7)(7)(a) - 67 - SB0038 compared with SB0038S02 (a) If a consumer and a [health spa] fitness center enter into a contract described in Subsection- (1)66 before- MayEnrolled 4,Copy 2022,S.B. the [health spa] fitness center may:
38 Subsection (1) before May 4, 2022, the [health spa] fitness center may:
and (B) states that the [health spa] fitness center may assign the contract to another [health[ health spa] fitness center requiring the consumer to obtain a contracted [health spa] fitness center service at another facility within five driving miles from the consumer's initial primary location;
or (ii) change the consumer's primary location to a [health spa] fitness center facility within five driving miles from the consumer's initial primary location, unless the [health[ health spa] fitness center includes in the contract a disclaimer that:
(8)(8)(a) (a) Except as permitted under Subsection (8)(b), a [health spa] fitness center may not assign a contract for a [health spa] fitness center service to a [health spa] fitness center that requires the consumer to obtain a contracted [health spa] fitness center service at a [health spa] fitness center facility farther than five driving miles from the consumer's initial primary location, unless the [health spa] fitness center:
- 68 - SB0038 compared with SB0038S02 (b) A [health spa] fitness center may assign a consumer's contract for a [health spa] fitness- center67 service- withoutS.B. complying with Subsection (8)(a), if:
38 Enrolled Copy fitness center service without complying with Subsection (8)(a), if:
(9)(9)(a) (a) Except as permitted under Subsection (9)(b), before a [health spa] fitness center changes a consumer's primary location to a [health spa] fitness center facility farther than five driving miles from the consumer's initial primary location, the [health spa] fitness center shall provide the consumer the option to:
or (ii)(ii)(A) (A) continue the contract at the new [health spa] fitness center facility;
(i) during the 60-day period immediately before the day on which the [health spa] fitness center changes the consumer's primary location, the consumer uses a [health[ health spa] fitness center facility other than the consumer's primary location more frequently than the consumer's primary location;
and (ii) the [health spa] fitness center changes the consumer's primary location to the [health[ health spa] fitness center facility described in Subsection (9)(b)(i).
Section 13-23-10313-23-103, which is renumbered from Section 13-23-4 is renumbered and amended to read:
[13-23-4] 13-23-103.13-23-103 (Effective 05/06/26).
- 69 - SB0038 compared with SB0038S02 (a) to the email address or mailing address the [health spa provided ] fitness center provides in the contract, [as described in] in accordance with Subsection [13-23-3(6)(b)][ 13-23-3(6)(b)] 13-23-102(6)(b);
and (b)- (i)68 before- midnightEnrolled ofCopy theS.B. third business day after the day on which the consumer and [health spa] fitness center execute the contract, as recorded by timestamp or postmark;
38 (b)(i) before midnight of the third business day after the day on which the consumer and [health spa] fitness center execute the contract, as recorded by timestamp or postmark;
(2)(2)[(a)] [(a)] A consumer who rescinds a contract under this section is entitled to a refund of every payment the consumer made, less the reasonable value of any [health spa] fitness center service the consumer actually received.
[(b)] (3) The preparation and processing of the contract or [another] other document is not a [health[ health spa] fitness center service [that is deductible] that the fitness center may deduct under Subsection [(2)(a)] (2) from any refundable amount.
Section 13-23-10413-23-104, which is renumbered from Section 13-23-5 is renumbered and amended to read:
[13-23-5] 13-23-104.13-23-104 (Effective 05/06/26).
(1)(1)[(a)(i)] [(a) (i)] A [health spa] fitness center may not operate a [health spa] fitness center facility in this state unless the [health spa] fitness center registers the [health spa] fitness center facility with the division in accordance with this section.
- 70 - SB0038 compared with SB0038S02 (a) in a manner the division determines;
(ii) a designated registered agent for service of process in the state and the registered agent's:- 69 - S.B.
38 Enrolled Copy agent's:
[(iii)] (3)(3)(a) (a) A fitness center facility's registration is effective for one year after the day on which the division approves the fitness center's registration application.
(b) To renew a [health spa] fitness center facility registration under this section, the [health[ health spa] fitness center shall submit a registration renewal application [to the division] in accordance with Subsection (2) at least 30 days before the day on which the [health spa] fitness center facility's registration expires.
during normal working days.] - 71 - SB0038 compared with SB0038S02 [(d) The division shall charge and collect a fee for registration and registration renewal under guidelines provided in Section 63J-1-504.] [(e) If a health spa fails to submit a complete registration renewal application before the day on which a health spa facility's registration expires, the health spa shall pay a fee of $25 for each month or part of a month that passes:] [(i) after the day on which the registration expires;
and] [(ii) before the day on which the health spa submits a complete registration renewal application.]- [(f)70 The- feeEnrolled describedCopy inS.B. Subsection (1)(e) is in addition to the registration renewal fee described in Subsection (1)(d).] [(g) A health spa registering or renewing a registration shall provide the division a copy of the liability insurance policy that:] [(i) covers the health spa;
38 application.] [(f) The fee described in Subsection (1)(e) is in addition to the registration renewal fee described in Subsection (1)(d).] [(g) A health spa registering or renewing a registration shall provide the division a copy of the liability insurance policy that:] [(i) covers the health spa;
[(2)] (7)(7)(a) (a) Except as provided in Section [13-23-6] 13-23-105, for each [health spa] fitness center facility a [health spa] fitness center operates, the [health spa] fitness center shall obtain and maintain:
or - 72 - SB0038 compared with SB0038S02 [(ii) an irrevocable letter of credit issued by a financial institution authorized to do business in this state;
(b) The fitness center shall make the bond[, letter of credit,] or certificate of deposit described in Subsection [(2)(a)][(2)(a) (7)(a)shall [shall be ]payable] (7)(a) payable to the division for the benefit of a consumer who incurs damages as the result of the [health spa] fitness center:
or (ii)- going71 out- ofS.B. business.
(c)38 [(i)]Enrolled AfterCopy each(ii) consumergoing [hasout fully recovered] recovers actual damages, the division may recover from the surety bond[, letter of credit,]business. or certificate of deposit described in Subsection [(2)(a)] [the costs of collecting and distributing funds under this section, in an amount up to 10% of the face value of the bond, letter of credit, or certificate of deposit] (7)(a) any administrative fine, civil penalty, investigative cost, attorney fees, or other cost of collecting and distributing funds in accordance with this chapter.
[(ii)(c)[(i)] TheAfter totaleach liabilityconsumer of[has thefully issuerrecovered] ofrecovers theactual bond,damages, letterthe ofdivision credit, or certificate of deposit described in this Subsection (2) may notrecover exceedfrom the amountsurety ofbond[, the bond, letter of credit,credit,] or certificate of deposit.] [(iii) A health spa shall maintain a bond, letter of credit, or certificate of deposit described in this Subsection (2)[(2)(a) in force for one year after the daycosts onof whichcollecting theand healthdistributing spafunds notifies the division in writing that the health spa has ceased all activities regulated under this chaptersection, atin thean healthamount spaup facility.] (d) [(i) The division may impose a fine against a health spa that fails to comply10% withof the requirementsface ofvalue this Subsection (2) of up to $100 per day that the healthbond, spaletter remains out of compliance.]credit, [(ii)or Thecertificate divisionof shalldeposit] deposit(7)(a) eachany fineadministrative thefine, divisioncivil collectspenalty, underinvestigative thiscost, Subsectionattorney (2)(d)fees, intoor theother Consumercost Protectionof Educationcollecting and Trainingdistributing Fundfunds created in Section 13-2-8.] [(3)] (8) (a) In accordance with thethis schedulechapter. established in Subsection [(3)(b)] (8)(b), a [health spa] fitness center shall base the minimum principal amount of the bond[, letter of credit,] or certificate of deposit required under Subsection [(2)] (7) on:
-[(ii) 73The -total SB0038liability comparedof withthe SB0038S02issuer (i)of the numberbond, letter of unexpiredcredit, contractsor forcertificate of deposit described in this Subsection (2) may not exceed the amount of the bond, letter of credit, or certificate of deposit.] [(iii) A health spa shall maintain a [healthbond, spa]letter fitnessof centercredit, service,or atcertificate of deposit described in this Subsection (2) in force for one year after the timeday on which the [healthhealth spa]spa fitnessnotifies centerthe submitsdivision in writing that the [healthhealth spa]spa fitnesshas centerceased facilityall registrationactivities orregulated registrationunder renewalthis application,chapter at the health spa facility.] (d)[(i) The division may impose a fine against a health spa that designatefails to comply with the [healthrequirements of this Subsection (2) of up to $100 per day that the health spa remains out of compliance.] [(ii) The division shall deposit each fine the division collects under this Subsection (2)(d) into the Consumer Protection Education and Training Fund created in Section 13-2-8.] [(3)] (8)(a) In accordance with the schedule established in Subsection [(3)(b)] (8)(b), a [ health spa] fitness center facilityshall asbase the consumer'sminimum primaryprincipal location;amount of the bond[, letter of credit,] or certificate of deposit required under Subsection [(2)] (7) on:
or(i) (ii) if at the timenumber theof [healthunexpired spa]contracts fitnessfor centera submits the [health spa] fitness center facilityservice, registrationat application the [healthtime spa]the fitness center has not executed a contract for a [health spa] fitness center servicesubmits that designates the [health spa] fitness center facility asregistration aor consumer'sregistration primaryrenewal location,application, thethat numberdesignate of contracts for a [health spa] fitness center service designating the [health spa] fitness center facility as athe consumer's primary locationlocation; that the [health spa] fitness center reasonably expects to execute during the [health spa] fitness center facility's first year of registration.
or (ii) if at the time the [health spa] fitness center submits the [health spa] fitness center facility registration application the [health spa] fitness center has not executed a contract for a [health spa] fitness center service that designates the [health spa] fitness center facility as a consumer's primary location, the number of contracts for a [health spa] fitness center service designating the [health spa] fitness center facility as a consumer's primary location that the [health spa] fitness center - 72 - Enrolled Copy S.B.
38 reasonably expects to execute during the [health spa] fitness center facility's first year of registration.
and - 74 - SB0038 compared with SB0038S02 (b) open the records described in Subsection [(5)(a)] (10)(a) to inspection by the division at any time during normal business hours.
[(6)] (11)(11)(a) (a) A [health spa] fitness center with a [health spa] fitness center facility registered under this section shall submit a new initial registration for the [health spa] fitness center facility, if the [health spa] fitness center:
(b)- The73 former- ownerS.B. of a [health spa] fitness center may not release, cancel, or terminate the owner's liability under any surety bond[, letter of credit,] or certificate of deposit previously filed with the division, unless:
38 Enrolled Copy (b) The former owner of a [health spa] fitness center may not release, cancel, or terminate the owner's liability under any surety bond[, letter of credit,] or certificate of deposit previously filed with the division, unless:
Section 13-23-10513-23-105, which is renumbered from Section 13-23-6 is renumbered and amended to read:
-[13-23-6] 7513-23-105 -(Effective SB003805/06/26). compared with SB0038S02 [13-23-6] 13-23-105.
(c)- the74 purchase- ofEnrolled aCopy monthlyS.B. membership or pass, payment for which the [health spa] fitness center does not collect from a consumer more than two months in advance;
38 (c) the purchase of a monthly membership or pass, payment for which the [health spa] fitness center does not collect from a consumer more than two months in advance;
Section 13-23-10613-23-106, which is renumbered from Section 13-23-7 is renumbered and amended to read:
[13-23-7] 13-23-106.13-23-106 (Effective 05/06/26).
[(1)[(1)(a) - 76 - SB0038 compared with SB0038S02 (a) The division may, on behalf of a consumer or on the division's own behalf, file an action for injunctive relief, damages, or both to enforce this chapter.] [(b) In addition to any relief granted, the division is entitled to an award for reasonable attorney's fees, court costs, and reasonable investigative expenses.] (1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, the division may:
(a)- impose75 an- administrativeS.B. fine of up to $2,500 for a violation of this chapter;
38 Enrolled Copy (a) impose an administrative fine of up to $2,500 for a violation of this chapter;
[(2)] (3)(3)(a) (a) A person who willfully violates a provision of this chapter, either by failing to comply with any requirement or by doing any act prohibited in this chapter, is guilty of a class B misdemeanor.
[(3)[(3)(a) (a) In addition to any other penalty available under this chapter, a person who violates this chapter is subject to:] [(i) a cease and desist order;
and] [(ii) an administrative fine of up to $2,500 for each separate violation that is not a violation described in Subsection 13-23-5(2)(d) up to $10,000 for any series of violations arising out of the same operative facts.] [(b) The division shall deposit all administrative fines collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.] - 77 - SB0038 compared with SB0038S02 Section 54.
Section 13-23-10713-23-107, which is renumbered from Section 13-23-8 is renumbered and amended to read:
[13-23-8] 13-23-107.13-23-107 (Effective 05/06/26).
(1)- the76 division- findsEnrolled thatCopy theS.B. denial, suspension, or revocation is in the public interest;
[(1)]38 (2)(1) (a) the applicationdivision forfinds registrationthat orthe renewaldenial, issuspension, incomplete or misleadingrevocation is in athe materialpublic respect;interest;
[(1)] (2)(a) the application for registration or renewal is incomplete or misleading in a material respect;
[(d)] (iv) [obtained ] obtains or [attempted] attempts to obtain a registration by [misrepresentation][ misrepresentation] misrepresenting a material fact;
- 78 - SB0038 compared with SB0038S02 (4) the applicant or registrant requested an exemption from maintaining a surety bond[, letter of credit,] or certificate of deposit under Section [13-23-6] 13-23-105, but does not meet the requirements for exemption;
(5) the applicant or registrant excluded from the principal amount calculation described in Subsection [13-23-5(3)] 13-23-104(8) for a surety bond[, letter of credit,] or certificate of deposit, a contract that did not meet the requirements for exclusion described in Section [13-23-6][ 13-23-6] 13-23-105;
13-25a-105.- 77 - S.B.
38 Enrolled Copy 13-25a-105 (Effective 05/06/26).
Section 13-26-10113-26-101, which is renumbered from Section 13-26-2 is renumbered and amended to read:
General Provisions [13-26-2] 13-26-101.13-26-101 (Effective 05/06/26).
- 79 - SB0038 compared with SB0038S02 (2) "Continuity plan" means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount.
[(5)] (7) "Material statement" [or "material fact" ]means [information] a statement a seller or a- solicitor78 makes- thatEnrolled aCopy personS.B. of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation.
38 a solicitor makes that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation.
or - 80 - SB0038 compared with SB0038S02 (ii) causes a telephone solicitation to be made;
[(9)] (12) ["Subscription arrangements," "standing ] "Standing order arrangements," ["supplements,"[ "supplements," and "series arrangements" mean products or services provided] means a product or service that a person provides, with the prior express request or consent of the buyer, for a specified period of time at a price dependent on the duration of service and to- complement79 an- initialS.B. purchase.
[(10)]38 (13)Enrolled (a)Copy "Telephoneto solicitation[,]"complement ["sale,"an "selling,"initial orpurchase. "solicitation of sale" ]means:
[(10)] (13)(a) "Telephone solicitation[,]" ["sale," "selling," or "solicitation of sale" ] means:
(A)(A)(I) (I) the seller solicits the sale over the telephone;
- 81 - SB0038 compared with SB0038S02 (b) "Telephone solicitation[,]" ["sale," "selling," or "solicitation of sale" ]does not include a sale or solicitation that occurs solely through [an Internet] a website without the use of a telephone call.
[(c) A solicitation of sale or telephone solicitation is considered complete when made, whether or not the person receiving the solicitation agrees to the sale or to make a charitable donation.] [(11) "Telephone solicitor" or "solicitor" means an individual who engages in a telephone solicitation on behalf of a seller.] Section- 57.80 - Enrolled Copy S.B.
38 Section 13-26-10257. is renumbered and amended to read:
[13-26-3]Section 13-26-102.13-26-102, which is renumbered from Section 13-26-3 is renumbered and amended to read:
[13-26-3] 13-26-102 (Effective 05/06/26).
(1)(1)(a) (a) Unless exempt under Section [13-26-4] 13-26-104, [each] a seller shall register annually with the division before engaging in telephone solicitations if:
- 82 - SB0038 compared with SB0038S02 (i) a registration application fee in an amount the division determines in accordance with Section 63J-1-504;
(B)- street81 address;- S.B.
38 Enrolled Copy (B) street address;
[(2) The division may impose an annual registration fee set in accordance with Section 63J-1-504 that may include the cost of the criminal background check described in Subsection (4).] [(3)[(3)(a) (a) Each seller subject to this chapter engaging in telephone solicitation or sales in this state shall obtain and maintain the following security:] [(i) a performance bond issued by a surety authorized to transact surety business in this state;] [(ii) an irrevocable letter of credit issued by a financial institution authorized under the laws of this state or the United States doing business in this state;
or] [(iii) a certificate of deposit held in this state in a financial institution authorized under the laws of this state or the United States to accept deposits from the public.] [(b) A seller's bond, letter of credit, or certificate of deposit shall be payable to the division for the benefit of any consumer who incurs damages as the result of the seller's violation of this chapter.] [(c) If the consumer has first recovered full damages, the division may recover from the bond, letter of credit, or certificate of deposit administrative fines, civil penalties, investigative costs, attorney fees, and other costs of collecting and distributing funds under this section.] [(d) A seller shall keep a bond, certificate of deposit, or letter of credit in force for one year after the day on which the seller notifies the division in writing that the seller has ceased all activities regulated by this chapter.] - 83 - SB0038 compared with SB0038S02 [(e)] (4) [The seller shall post a bond, irrevocable letter of credit, or certificate of deposit in the amount of] The surety bond or certificate of deposit described in Subsection (3) shall be:
(A)- [neither82 ]the- sellerEnrolled [norCopy any]S.B. or an affiliated person has not violated this chapter in the three-year period immediately before the day on which the seller files the application;
38 (A) [neither ]the seller [nor any] or an affiliated person has not violated this chapter in the three-year period immediately before the day on which the seller files the application;
- 84 - SB0038 compared with SB0038S02 (b) civil penalties;
(6)- A83 seller- shallS.B. submit to the division, as part of the seller's registration application:
38 Enrolled Copy (6) A seller shall submit to the division, as part of the seller's registration application:
Section 5813-26-103 is enacted to read:
13-26-103.13-26-103 (Effective 05/06/26).
- 85 - SB0038 compared with SB0038S02 In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration if:
and (2)- (a)84 the- registrationEnrolled isCopy incomplete,S.B. false, or misleading;
38 (2)(a) the registration is incomplete, false, or misleading;
Section 13-26-10413-26-104, which is renumbered from Section 13-26-4 is renumbered and amended to read:
[13-26-4] 13-26-104.13-26-104 (Effective 05/06/26).
- 86 - SB0038 compared with SB0038S02 (iii) a solicitation of sale made by a broadcaster licensed by a state or federal authority;
(iv) a nonprofit organization if no part of the net earnings from the sale inures to the benefit- of:85 - S.B.
38 Enrolled Copy benefit of:
- 87 - SB0038 compared with SB0038S02 (ii) is not selling an investment or an opportunity for an investment that is not registered with a state or federal authority;
and (iii)- is86 not- regularlyEnrolled engagedCopy inS.B. telephone sales;
38 (iii) is not regularly engaged in telephone sales;
(k) a person primarily soliciting the sale of a magazine or periodical sold by the publisher or the publisher's agent through a written agreement, or printed or recorded material through a contractual plan, such as a book or record club, continuity plan, [subscription,[ subscription, ] or standing order arrangement, [or supplement or series arrangement ]if:] if:
or (ii)(ii)(A) (A) the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis;
and - 88 - SB0038 compared with SB0038S02 (iii) neither the telephone marketing service company nor the telephone marketing service company's principals have been enjoined from doing business or subjected to criminal actions for the telephone marketing service company's or the telephone marketing- company's87 principal's- businessS.B. activities in this or any other state;
38 Enrolled Copy marketing company's principal's business activities in this or any other state;
and (n) a provider that holds a current registration with the division under Chapter 42, Uniform Debt-Debt-Management Management Services Act, if the provider's telephone solicitations are limited to the solicitation of services regulated under Chapter 42, Uniform Debt-Management Services Act.
Section 13-26-10513-26-105, which is renumbered from Section 13-26-5 is renumbered and amended to read:
[13-26-5] 13-26-105.13-26-105 (Effective 05/06/26).
[(2)] (3)(3)(a) (a) Except as provided in Subsections [(2)(b)] (3)(b) and (c), in addition to any right to otherwise revoke an offer, a person who makes a purchase from a seller may cancel the sale at or before [midnight of] 11:59 p.m.
- 89 - SB0038 compared with SB0038S02 (c) If the seller or the seller's solicitor fails to orally advise a purchaser of the seller's or the seller's solicitor's legal name, telephone number, and complete address at the time of a solicitation, the purchaser may cancel the sale at any time.
(d)- Except88 as- providedEnrolled inCopy SubsectionS.B. [(5)] (6), a seller shall provide a full refund to a purchaser who cancels a sale in accordance with this section.
38 (d) Except as provided in Subsection [(5)] (6), a seller shall provide a full refund to a purchaser who cancels a sale in accordance with this section.
(a) mailing a notice of cancellation to the seller or seller's solicitor's [correct ]address, [postage[ postage prepaid] or email address the seller or seller's solicitor provides in accordance with Subsection (2);
[(4)] (5)(5)(a) (a) If a purchaser cancels a sale and the seller or the seller's solicitor [provides the purchaser with the seller's correct address] complies with Subsection (2), the purchaser shall, within seven business days after the day on which the purchaser exercises the right to cancel, make a reasonable attempt to:
[(5)] (6)(6)(a) (a) If the purchaser who cancels a sale has used any portion of the services or goods purchased, the purchaser shall provide the seller a reasonable allowance for the value given.
Section 13-26-10613-26-106, which is renumbered from Section 13-26-8 is renumbered and amended to read:
[13-26-8] 13-26-106.13-26-106 (Effective 05/06/26).
-(1) 90 - SB0038 compared with SB0038S02 {(1) {The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this chapter.} } (2){(1)} In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection:
(3){(2)}- If89 the- divisionS.B. brings an action in accordance with Subsection {(2)(b)} (1)(b):
38 Enrolled Copy (2) If the division brings an action in accordance with Subsection (1)(b):
(4){(3)}(3)(a) (a) A person that violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation.
(b) A court may impose a civil penalty authorized under this section in a civil action brought by the {attorney general on behalf of the } division.
[(1)] (5){(4)}(4)(a) (a) A seller or solicitor who violates a provision of this chapter is guilty of:
or - 91 - SB0038 compared with SB0038S02 (iii) a final determination in an administrative adjudicative proceeding.
[(2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.] [(3)] (6){(5)}(5)[(a) [(a) The division may:] [(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter;] [(ii) bring a court action to enforce the provisions of this chapter;
and] [(iii) in addition to other penalties described in this chapter, issue a cease and desist order- and90 impose- anEnrolled administrativeCopy fineS.B. of up to $2,500 for each violation of this chapter.] [(b)] For purposes of this section, each telephone solicitation [made] a person makes in violation of this chapter is a separate violation.
38 order and impose an administrative fine of up to $2,500 for each violation of this chapter.] [(b)] For purposes of this section, each telephone solicitation [made] a person makes in violation of this chapter is a separate violation.
Section 13-26-10713-26-107, which is renumbered from Section 13-26-10 is renumbered and amended to read:
[13-26-10] 13-26-107.13-26-107 (Effective 05/06/26).
(EffectiveProvisions 05/06/26)Provisions of chapter not exclusive.
Section 13-26-10813-26-108, which is renumbered from Section 13-26-11 is renumbered and amended to read:
[13-26-11] 13-26-108.13-26-108 (Effective 05/06/26).
- 92 - SB0038 compared with SB0038S02 (e) unless the seller is exempt under Section [13-26-4] 13-26-104, fail to orally advise a purchaser of the purchaser's right to cancel under Section [13-26-5] 13-26-105;
(b)- in91 connection- withS.B. a telephone solicitation, make or cause to be made a false material statement or fail to disclose a material fact necessary to make the solicitor's statement not misleading;
38 Enrolled Copy (b) in connection with a telephone solicitation, make or cause to be made a false material statement or fail to disclose a material fact necessary to make the solicitor's statement not misleading;
13-28-7.13-28-7 (Effective 05/06/26).
- 93 - SB0038 compared with SB0038S02 (a) a cease and desist order;
Section- 65.92 - Enrolled Copy S.B.
38 Section 65.
13-32a-102.5.13-32a-102.5 (Effective 05/06/26).
13-32a-106.5.13-32a-106.5 (Effective 05/06/26).
- 94 - SB0038 compared with SB0038S02 (b) investigating a possible violation of the record keeping or reporting requirements of this chapter when the local law enforcement agency or the division, based on a review of the records and information received, has reason to believe that a violation has occurred;
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View plain text versions (6)
- Enrolled View text Current pdf
- Comparison to Original Bill View text pdf
- Comparison to Sub #1 View text pdf
- Substitute Substitute #1 pdf
- Substitute Substitute #2 pdf
- Introduced View text pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Governor Signed
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Senate/ to Governor
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Senate/ received enrolled bill from Printing
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Senate/ enrolled bill to Printing
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Enrolled Bill Returned to House or Senate
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Draft of Enrolled Bill Prepared
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Bill Received from Senate for Enrolling
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Senate/ signed by President/ sent for enrolling
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Senate/ received from House
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House/ to Senate
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House/ signed by Speaker/ returned to Senate
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House/ received from Senate
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Senate/ to House
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Senate/ concurs with House amendment
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Senate/ placed on Concurrence Calendar
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Senate/ received from House
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House/ to Senate
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House/ passed 3rd reading
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House/ substituted
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House/ 3rd reading
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House/ 2nd reading
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House/ Rules to 3rd Reading Calendar
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LFA/ fiscal note publicly available for SB0038S02
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LFA/ fiscal note sent to sponsor for SB0038S02
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LFA/ bill sent to agencies for fiscal input for SB0038S02
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LFA/ bill assigned to staff for fiscal analysis for SB0038S02
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LFA/ fiscal note publicly available for SB0038S01
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LFA/ fiscal note sent to sponsor for SB0038S01
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House/ return to Rules due to fiscal impact [House Rules Committee]
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House/ comm rpt/ substituted [House Business, Labor, and Commerce Committee]
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House Comm - Favorable Recommendation [House Business, Labor, and Commerce Committee]
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House Comm - Substitute Recommendation [House Business, Labor, and Commerce Committee]
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LFA/ bill sent to agencies for fiscal input for SB0038S01
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LFA/ bill assigned to staff for fiscal analysis for SB0038S01
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House/ to standing committee [House Business, Labor, and Commerce Committee]
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House/ 1st reading (Introduced)
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House/ received from Senate
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Senate/ to House
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Senate/ passed 2nd & 3rd readings/ suspension
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Senate/ 2nd & 3rd readings/ suspension
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Senate/ Rules to 2nd Reading Calendar
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Senate/ 1st reading (Introduced)
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Senate/ received fiscal note from Fiscal Analyst
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LFA/ fiscal note publicly available for SB0038
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LFA/ fiscal note sent to sponsor for SB0038
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Senate/ received bill from Legislative Research
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LFA/ bill sent to agencies for fiscal input for SB0038
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LFA/ bill assigned to staff for fiscal analysis for SB0038
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Numbered Bill Publicly Distributed
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Bill Numbered but not Distributed
Sponsors
- Ashlee Matthews · Cosponsor
- Todd Weiler · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 102 not signed on
Sponsors (1)
- Todd Weiler Republican
Co-sponsors (1)
- Ashlee Matthews Democrat
Not signed on (102)
102 members have not signed on to this bill.
Show all 102 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 38?
- SB 38 is sponsored by Ashlee Matthews (Democrat) and Todd Weiler (Republican).
- What is the current status of SB 38?
- This bill has been enacted into law. Introduced December 22, 2025. Enacted.
- Where can I track SB 38?
- Track SB 38 free on One Click Politics — get push/email alerts when it moves.
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