1. (1) In addition to the exemptions from licensure in Section 58-1-307, an individual may engage in acts regulated under this chapter without being licensed under this chapter if the individual is:

   1. (a) a peace officer employed by a constable as provided in Subsection (2);
   2. (b) licensed by the division under another chapter of this title to engage in the act; or
   3. (c) a peace officer acting in the scope of the peace officer's employment.

2. (2) A peace officer may only engage in off-duty employment with a constable if:

   1. (a) the law enforcement agency employing the peace officer has a written policy regarding peace officer employees working while off duty as a constable and the written policy addresses the issue of financial responsibility;
   2. (b) the law enforcement agency's chief administrative officer, or that officer's designee, provides written authorization for an off-duty peace officer to work as a constable; and
   3. (c) the client, contracting governmental entity, or licensed constable employing the peace officer to work as a constable complies with state and federal income reporting and withholding requirements regarding the off-duty peace officer's wages.

Enacted by Chapter 130, 2026 General Session