1. (1) In addition to the requirements of Section 58-93-302, an applicant for licensure as a bail bond agency shall:

   1. (a) submit an application in a form the division approves;
   2. (b) pay a fee determined by the department under Section 63J-1-504;

   3. (c) identify a qualifier for the applicant who:

      1. (i) meets with the division and the board, if requested, and demonstrates that the applicant and the qualifier meet the requirements of this section;
      2. (ii) is a resident of the state;
      3. (iii) is licensed and in good standing as a bail enforcement agent or bail recovery agent under this chapter;
      4. (iv) exercises material day-to-day authority in the conduct of the applicant's business by making substantive technical and administrative decisions and whose primary employment is with the applicant;
      5. (v) is not concurrently acting as a qualifier or employee of another bail bond agency;
      6. (vi) is not involved in an activity that would conflict with the qualifier's duties and responsibilities under this chapter; and
      7. (vii) is not an employee of a government agency; and

   4. (d) file and maintain with the division evidence of:

      1. (i) comprehensive general liability insurance in a form and in an amount the division establishes by rule in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
      2. (ii) workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law;
      3. (iii) registration with the Division of Corporations and Commercial Code; and

      4. (iv) registration as required by applicable law with the:

         1. (A) Unemployment Insurance Division in the Department of Workforce Services, in accordance with Title 35A, Chapter 4, Employment Security Act;
         2. (B) State Tax Commission; and
         3. (C) Internal Revenue Service.

2. (2) An application described in Subsection (1) shall include an affidavit that:

   1. (a) lists each of the applicant's officers, owners, proprietors, trustees, and responsible management personnel; and

   2. (b) a representative of the applicant signs and states under penalty of perjury that none of the listed parties:

      1. (i) have been convicted of:

         1. (A) a felony;
         2. (B) an act involving illegally using, carrying, or possessing a dangerous weapon;
         3. (C) an act of personal violence or force on a person or threatening to commit an act of personal violence or force against another person;
         4. (D) an act constituting dishonesty or fraud;
         5. (E) impersonating a peace officer; or
         6. (F) an act that, when considered with the functions and duties of a licensee under this chapter, bears a substantial relationship to the individual's ability to safely or competently perform the duties expected of a licensee or indicates that the best interests of the public are not served by granting the applicant a license;
      2. (ii) have been named in an outstanding arrest warrant; or
      3. (iii) are currently on probation, parole, community supervision, or named in an outstanding arrest warrant.

Enacted by Chapter 44, 2026 General Session