All Roll Calls
Yes: 146 • No: 1
UtahS.B. 2182026 General SessionSenateWALLET
Constable Modifications
Sponsored By: Kirk A. Cullimore (Republican)
Signed by Governor
CountiesContracts and ObligationsCourtsBackground ChecksLaw Enforcement and Criminal JusticeMunicipalitiesPolitical Subdivisions (Local Issues)Office of Licensing and Background ChecksOccupational and Professional Licensing
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Bill Overview
Analyzed Economic Effects
16 provisions identified: 3 benefits, 5 costs, 8 mixed.
Constable violations bring fines and discipline
Maximum citation fines are $1,000 for a first offense, $2,000 for a second, and $2,000 daily for later continuing violations. Recipients generally have 20 days to request a hearing, with extensions for cause; citations must issue within one year after reporting. Unlawful conduct—including nonexempt unlicensed work, prohibited fees, and specified false fingerprint submissions—or ignoring a final citation is a class A misdemeanor. Fraud, gross negligence, specified crimes, false statements, and operating violations can bring license denial, suspension, revocation, restrictions, probation, reprimands, or cease-and-desist orders. Immediate suspension is authorized, and undisclosed criminal history can trigger immediate revocation with hearing rights; board-approved fine proceeds can fund education, investigations, and legal work.
Constables face new state licensing requirements
The law takes effect May 6, 2026, and requires constable licenses beginning January 1, 2027, with stated exemptions. It creates constable, deputy, and apprentice licenses that cannot be transferred or falsely claimed. Applicants must be at least 21, meet special-function officer training and certification rules, and carry insurance set by rule. They must disclose criminal history, submit fingerprints for state and FBI checks, and pay licensing and fingerprint fees. Disqualifying convictions, probation, parole, community supervision, outstanding warrants, and established violations can block licensing. Licenses generally last two years; renewal is required, and fee amounts are not specified.
Constables gain staffing options with limits
Contracted constables can hire deputies, who work under their control unless the county contract limits or prohibits deputy duties. Deputies must be licensed beginning July 1, 2027. Constables can serve multiple counties after written notice, but must meet every county's contract and legal duties. Peace officers working within their jobs, and people acting under another state-issued license, have licensing exemptions. Off-duty peace officers need written agency approval, written financial-responsibility policies, and compliance with income reporting and withholding rules.
Constables must clearly identify themselves
Constables must carry their license, show it on request, and prominently display credentials while working. When serving papers, they must identify themselves verbally and put required identifying details and a business phone number on each document's first page. Any uniform must say “constable” on the shirt and, when applicable, the jacket. Before January 1, 2027, service returns must show their name, constable role, business phone, and appointing or contracting city or county. Beginning that date, returns must contain the identifying information required by the new licensing law.
Equal course fees for constable applicants
Providers seeking board approval for required constable licensing courses must charge all applicants the same course fees. This applies to both initial and continuing instruction. Prices can differ between providers; the law does not set or lower course fees.
Licensed constables included in eviction proceedings
Utah's eviction and related proceedings law includes people acting as constables at a city's or county's direction. Beginning January 1, 2027, its definition also includes people licensed under the Constables Licensing Act. Licensed constables qualify whether they serve a government entity or a private client.
Interfering with constable service carries penalties
Interfering with a constable's lawful service of civil or criminal papers falls under the class B misdemeanor offense for interfering with a public servant. The constable must act at a city or county's direction, be visibly identifiable, and identify themselves as a constable. Beginning January 1, 2027, the constable must also hold a state license for this protection to apply.
Constables pay fees and renew licenses
Utah's licensing division sets initial, renewal, and late fees for each constable license type. Fingerprinting fees are separate, and the law does not state fee amounts. Licenses follow a two-year renewal cycle set by rule. The division can shorten or extend a renewal period by up to one year to spread out renewals. A license expires on its listed expiration date unless renewed.
Metal dealers face constable log inspections
Constables can inspect regulated-metal dealers' purchase logs and entries during regular business hours. The constable must hold a contract with a city or county where the dealer does business. The law adds inspection authority but states no new inspection fee.
Some constable claims face two-year deadlines
Claims over money a constable collected through court execution but did not pay must be filed within two years. A two-year deadline also applies to official-duty claims when the constable acted at a city or county's direction. The law removes constables from the general listing of officers covered by the two-year official-duty deadline. This deadline therefore no longer covers every constable official-duty claim merely because the person is a constable.
Civil constable services carry local fees
Residents and businesses can request civil constable services where their county has a contract and authorizes access. Counties can use sheriff service rates or adopt higher fees, collected by the county or directly by the constable. Recovering county-set fees above sheriff rates in court requires the requester's prior approval; a winning party also needs court approval that the service and fee were justified. Licensed constables can take private civil clients for agreed lawful fees, without county involvement, contract bans, conflicts, or interference with public duties. Courts also must find private process servers' excess charges justified before awarding them as case costs, using the expanded statutory rate comparison.
Constable criminal service payments have limits
Counties pay contracted constables $5 per defendant served, plus necessary mileage at $1 per mile or the contract's rate and method. Warrant service or attempts can bring round-trip mileage charges, plus $15 for an arrest or other warrant satisfaction. Contracts can establish different fees. Charges must be documented; process-service mileage beyond two trips needs requester approval, and warrant service allows no more than two additional mileage charges. Travel expenses for service in another county cannot exceed that county sheriff's fee.
Constables gain statewide powers with safeguards
Constables can serve legal papers statewide, including restitution orders and court orders to collect debts or seize property. A contracting government can direct statewide warrant arrests and prisoner transport; criminal work requires a county contract and authorized direction. Beginning January 1, 2027, criminal work also requires a license, and justice-court directions remain limited by law. Counties can require justice-court attendance and process service; constables must contact local law enforcement before specified out-of-county seizures or executions and give notice before executing warrants there. Constables must give the licensing division their contracts and report termination within five business days.
Counties and cities tighten constable contracts
Cities can hire constables on the same basis as counties; beginning January 1, 2027, contracted constables must be licensed. First- and second-class counties must use six-member nominating commissions; smaller counties can use recommendations from specified law-enforcement and legal officials. A constable cannot perform the listed county duties without a signed contract, which is exempt from the specified procurement process. Contracts must state services, payment, liability protection, minimum insurance, and any required bond; terms and written renewals cannot exceed four years each. Contracts must allow cancellation for cause and require cancellation for suspended or revoked peace-officer certification, or, beginning January 1, 2027, licensure.
Court service options gain licensing limits
Beginning January 1, 2027, constables serving Utah court papers must hold a state license and follow applicable law. Protective-order and stalking-injunction rules also use the definition that includes licensed constables beginning that date. A special-function officer constable with a qualifying local contract can serve process only when the document authorizes force or a breach of the peace is likely or imminent. When the sheriff is a party, or an affidavit alleges bias, a family relationship, or another conflict, the clerk must send process to a licensed constable.
State oversight replaces local constable rules
A new Constables Licensing Board represents counties, constables, law enforcement, the legal community, and the public. Appointment rules require Utah residency and U.S. citizenship, limit specified conflicts, and separate complaint advice from deciding that complaint. The licensing division and board can set operating standards, including rules for uniforms, badges, and how constables identify themselves. State law replaces local licensing, training, and regulatory rules, but allows nonconflicting contracts and directed arrest or transport procedures. Licensing records are publicly accessible under state records law, while licensees' home addresses and phone numbers remain protected.
Sponsors & Cosponsors
Sponsor
Kirk A. Cullimore
Republican • Senate
Cosponsors
Jordan D. Teuscher
Republican • House
Roll Call Votes
House vote • 3/5/2026
House/ uncircled
Yes: 0 • No: 0
House vote • 3/5/2026
House/ passed 3rd reading
Yes: 71 • No: 1
House vote • 3/5/2026
House/ circled
Yes: 0 • No: 0
House vote • 2/27/2026
House Comm - Favorable Recommendation
Yes: 12 • No: 0
Senate vote • 2/25/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/25/2026
Senate/ passed 3rd reading
Yes: 26 • No: 0
Senate vote • 2/24/2026
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 2/24/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/24/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/23/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/20/2026
Senate/ passed 2nd reading
Yes: 24 • No: 0
Senate vote • 2/6/2026
Senate Comm - Favorable Recommendation
Yes: 7 • No: 0
Senate vote • 2/6/2026
Senate Comm - Substitute Recommendation
Yes: 6 • No: 0
Actions Timeline
Governor Signed
3/18/2026Senate/ to Governor
3/13/2026SenateSenate/ received enrolled bill from Printing
3/13/2026SenateSenate/ enrolled bill to Printing
3/11/2026SenateEnrolled Bill Returned to House or Senate
3/11/2026Draft of Enrolled Bill Prepared
3/6/2026Bill Received from Senate for Enrolling
3/6/2026Senate/ signed by President/ sent for enrolling
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/5/2026HouseHouse/ signed by Speaker/ returned to Senate
3/5/2026HouseHouse/ passed 3rd reading
3/5/2026HouseHouse/ uncircled
3/5/2026HouseHouse/ circled
3/5/2026HouseHouse/ 3rd reading
3/5/2026HouseHouse/ 2nd reading
3/2/2026HouseHouse/ committee report favorable
3/2/2026HouseHouse Comm - Favorable Recommendation
2/27/2026House/ to standing committee
2/26/2026HouseHouse/ 1st reading (Introduced)
2/26/2026HouseHouse/ received from Senate
2/25/2026HouseSenate/ to House
2/25/2026SenateSenate/ passed 3rd reading
2/25/2026SenateSenate/ uncircled
2/25/2026SenateSenate/ circled
2/24/2026Senate
Bill Text
Enrolled
3/11/2026
Substitute #2
2/23/2026
Substitute #1
2/5/2026
Introduced
1/28/2026