Read the full stored bill text
84
13-2-1
13-2-1
13-11-4
13-82-101
13-82-102
13-82-103
13-82-104
13-82-105
13-82-106
53-6-102
53-6-202
53-32-101
53-32-102
63I-1-253
13-2-1
13-2-1
13-11-4
13-82-101
13-82-102
13-82-103
13-82-104
13-82-105
13-82-106
53-6-102
53-6-202
53-32-101
53-32-102
63I-1-253
0
Criminal Use of Cryptocurrency Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill creates cryptocurrency training requirements for law enforcement and consumer
protections for digital asset kiosks.
Highlighted Provisions:
This bill:
requires specialized cryptocurrency investigation training for designated officers;
requires local law enforcement agencies to report cryptocurrency investigation data to the
Commission on Criminal and Juvenile Justice (commission);
requires the commission to provide annual summary reports to the Legislature;
establishes consumer protection requirements for virtual currency kiosks, including
graduated transaction limits, disclosure requirements, fraud prevention warnings, annual
location reporting, and recordkeeping requirements;
provides enforcement authority to the Division of Consumer Protection, including
administrative penalties and civil actions for violations of virtual currency kiosk
regulations;
provides for legislative sunset review of cryptocurrency investigation reporting
requirements; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
13-2-1
Effective
05/06/26
Superseded
07/01/26
, as last amended by Laws of Utah
2025, Chapters 51, 181, 237, and 269
13-2-1
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 468
13-11-4
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 231, 442
53-6-102
Effective
05/06/26
, as last amended by Laws of Utah 2010, Chapter 313
53-6-202
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 112
63I-1-253
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
ENACTS:
13-82-101
Effective
05/06/26
, Utah Code Annotated 1953
13-82-102
Effective
05/06/26
, Utah Code Annotated 1953
13-82-103
Effective
05/06/26
, Utah Code Annotated 1953
13-82-104
Effective
05/06/26
, Utah Code Annotated 1953
13-82-105
Effective
05/06/26
, Utah Code Annotated 1953
13-82-106
Effective
05/06/26
, Utah Code Annotated 1953
53-32-101
Effective
05/06/26
, Utah Code Annotated 1953
53-32-102
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-2-1
is amended to read:
13-2-1
Effective
05/06/26
Superseded
07/01/26
. Consumer protection division
established -- Functions.
(1)
There is established within the Department of Commerce the Division of Consumer
Protection.
(2)
The division shall administer and enforce the following:
(a)
Chapter 10a, Music Licensing Practices Act;
(b)
Chapter 11, Utah Consumer Sales Practices Act;
(c)
Chapter 15, Business Opportunity Disclosure Act;
(d)
Chapter 20, New Motor Vehicle Warranties Act;
(e)
Chapter 21, Credit Services Organizations Act;
(f)
Chapter 22, Charitable Solicitations Act;
(g)
Chapter 23, Health Spa Services Protection Act;
(h)
Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)
Chapter 26, Telephone Fraud Prevention Act;
(j)
Chapter 28, Prize Notices Regulation Act;
(k)
Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
Transaction Information Act;
(l)
Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)
Chapter 41, Price Controls During Emergencies Act;
(n)
Chapter 42, Uniform Debt-Management Services Act;
(o)
Chapter 49, Immigration Consultants Registration Act;
(p)
Chapter 51, Transportation Network Company Registration Act;
(q)
Chapter 52, Residential Solar Energy Consumer Protection Act;
(r)
Chapter 53, Residential
,
Vocational
or
and
Life Skills Program Act;
(s)
Chapter 54, Ticket Website Sales Act;
(t)
Chapter 56, Ticket Transferability Act;
(u)
Chapter 57, Maintenance Funding Practices Act;
(v)
Chapter 61, Utah Consumer Privacy Act;
(w)
Chapter 64, Vehicle Value Protection Agreement Act;
(x)
Chapter 65, Utah Commercial Email Act;
(y)
Chapter 67, Online Dating Safety Act;
(z)
Chapter 68, Lawyer Referral Consultants Registration Act;
(aa)
Chapter 70, Automatic Renewal Contracts Act;
(bb)
Chapter 71, Utah Minor Protection in Social Media Act;
(cc)
Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;
and
(dd)
Chapter 78, Earned Wage Access Services Act
.
; and
(ee)
Chapter 82, Virtual Currency Kiosk Regulation.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to establish:
(a)
a public list that identifies a person that:
(i)
violates a chapter described in Subsection
(2)
;
(ii)
without proper legal justification, fails to comply with an order, subpoena,
judgment, or other legal process issued by:
(A)
the division; or
(B)
a court of competent jurisdiction; or
(iii)
breaches a settlement agreement, stipulation, assurance of voluntary compliance,
or similar instrument signed by the person and the division; and
(b)
a process by which a person may be removed from the list the division establishes as
described in Subsection
(3)(a)
.
Section 2. Section
13-2-1
is amended to read:
13-2-1
Effective
07/01/26
. Consumer protection division established --
Functions.
(1)
There is established within the Department of Commerce the Division of Consumer
Protection.
(2)
The division shall administer and enforce the following:
(a)
Chapter 10a, Music Licensing Practices Act;
(b)
Chapter 11, Utah Consumer Sales Practices Act;
(c)
Chapter 15, Business Opportunity Disclosure Act;
(d)
Chapter 20, New Motor Vehicle Warranties Act;
(e)
Chapter 21, Credit Services Organizations Act;
(f)
Chapter 22, Charitable Solicitations Act;
(g)
Chapter 23, Health Spa Services Protection Act;
(h)
Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)
Chapter 26, Telephone Fraud Prevention Act;
(j)
Chapter 28, Prize Notices Regulation Act;
(k)
Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
Transaction Information Act;
(l)
Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)
Chapter 41, Price Controls During Emergencies Act;
(n)
Chapter 42, Uniform Debt-Management Services Act;
(o)
Chapter 49, Immigration Consultants Registration Act;
(p)
Chapter 51, Transportation Network Company Registration Act;
(q)
Chapter 52, Residential Solar Energy Consumer Protection Act;
(r)
Chapter 53, Residential
,
Vocational
or
and
Life Skills Program Act;
(s)
Chapter 54, Ticket Website Sales Act;
(t)
Chapter 56, Ticket Transferability Act;
(u)
Chapter 57, Maintenance Funding Practices Act;
(v)
Chapter 61, Utah Consumer Privacy Act;
(w)
Chapter 64, Vehicle Value Protection Agreement Act;
(x)
Chapter 65, Utah Commercial Email Act;
(y)
Chapter 67, Online Dating Safety Act;
(z)
Chapter 68, Lawyer Referral Consultants Registration Act;
(aa)
Chapter 70, Automatic Renewal Contracts Act;
(bb)
Chapter 71, Utah Minor Protection in Social Media Act;
(cc)
Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;
(dd)
Chapter 78, Earned Wage Access Services Act;
and
(ee)
Chapter 81, Utah Digital Choice Act
.
; and
(ff)
Chapter 82, Virtual Currency Kiosk Regulation.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to establish:
(a)
a public list that identifies a person that:
(i)
violates a chapter described in Subsection
(2)
;
(ii)
without proper legal justification, fails to comply with an order, subpoena,
judgment, or other legal process issued by:
(A)
the division; or
(B)
a court of competent jurisdiction; or
(iii)
breaches a settlement agreement, stipulation, assurance of voluntary compliance,
or similar instrument signed by the person and the division; and
(b)
a process by which a person may be removed from the list the division establishes as
described in Subsection
(3)(a)
.
Section 3. Section
13-11-4
is amended to read:
13-11-4
Effective
05/06/26
. Deceptive act or practice by supplier.
(1)
A supplier that engages in a deceptive act or practice in connection with a consumer
transaction violates this chapter, whether the deceptive act or practice occurs before,
during, or after the transaction.
(2)
Without limiting the scope of Subsection
(1)
, a supplier commits a deceptive act or
practice if the supplier:
(a)
indicates that the subject of a consumer transaction has sponsorship, approval,
performance characteristics, accessories, uses, or benefits, if the subject has not;
(b)
indicates that the subject of a consumer transaction is of a particular standard,
quality, grade, style, or model, if the subject is not;
(c)
indicates that the subject of a consumer transaction is new, or unused, if the subject is
not, or has been used to an extent that is materially different from the fact;
(d)
indicates that the subject of a consumer transaction is available to the consumer for a
reason that does not exist, including any of the following reasons falsely used in an
advertisement:
(i)
"going out of business";
(ii)
"bankruptcy sale";
(iii)
"lost our lease";
(iv)
"building coming down";
(v)
"forced out of business";
(vi)
"final days";
(vii)
"liquidation sale";
(viii)
"fire sale";
(ix)
"quitting business"; or
(x)
an expression similar to any of the expressions in Subsections
(2)(d)(i)
through
(ix)
;
(e)
indicates that the subject of a consumer transaction has been supplied in accordance
with a previous representation, if the subject has not;
(f)
indicates that the subject of a consumer transaction will be supplied in greater
quantity than the supplier intends;
(g)
indicates that replacement or repair is needed, if the replacement or repair is not;
(h)
indicates that a specific price advantage exists, if the specific price advantage does
not;
(i)
indicates that the supplier has a sponsorship, approval, license, certification, or
affiliation the supplier does not have;
(j)
(i)
indicates that a consumer transaction involves or does not involve a warranty, a
disclaimer of warranties, particular warranty terms, or other rights, remedies, or
obligations, if the representation is false; or
(ii)
fails to honor a warranty or a particular warranty term;
(k)
indicates that the consumer will receive a rebate, discount, or other benefit as an
inducement for entering into a consumer transaction in return for giving the supplier
the names of prospective consumers or otherwise helping the supplier to enter into
other consumer transactions, if receipt of the benefit is contingent on an event
occurring after the consumer enters into the transaction;
(l)
after receipt of payment for goods or services, fails to ship the goods or furnish the
services within the time advertised or otherwise represented or, if no specific time is
advertised or represented, fails to ship the goods or furnish the services within 30
days, unless within the applicable time period the supplier provides the buyer with
the option to:
(i)
cancel the sales agreement and receive a refund of all previous payments to the
supplier if the refund is mailed or delivered to the buyer within 10 business days
after the day on which the seller receives written notification from the buyer of the
buyer's intent to cancel the sales agreement and receive the refund; or
(ii)
extend the shipping date to a specific date proposed by the supplier;
(m)
except as provided in Subsection
(3)(b)
, fails to furnish a notice meeting the
requirements of Subsection
(3)(a)
of the purchaser's right to cancel a direct
solicitation sale within three business days of the time of purchase if:
(i)
the sale is made other than at the supplier's established place of business pursuant
to the supplier's personal contact, whether through mail, electronic mail, facsimile
transmission, telephone, or any other form of direct solicitation; and
(ii)
the sale price exceeds $25;
(n)
promotes, offers, or grants participation in a pyramid scheme as defined under Title
76,
Chapter 6a, Pyramid Scheme Act
Chapter 17, Part 3, Offenses Concerning
Pyramid Schemes
;
(o)
in connection with a charitable solicitation:
(i)
falsely indicates that:
(A)
the supplier is affiliated with a charitable organization;
(B)
the supplier is an employee, officer, or representative of a public safety
agency;
(C)
the supplier has sponsorship or approval of a given charitable organization;
(D)
a charitable contribution will be provided to a given charitable organization;
(E)
providing a charitable contribution has an additional benefit, including a tax
benefit; or
(F)
the recipient of the solicitation has previously contributed to a given charitable
organization;
(ii)
uses a fictitious name or a name the supplier is not authorized to use; or
(iii)
with intent to deceive:
(A)
uses a name that is substantially similar to that of another charitable
organization; or
(B)
falsely indicates that a charitable contribution will be used for a particular
purpose;
(p)
if a consumer indicates the consumer's intention of making a claim for a motor
vehicle repair against the consumer's motor vehicle insurance policy:
(i)
commences the repair without first giving the consumer oral and written notice of:
(A)
the total estimated cost of the repair; and
(B)
the total dollar amount the consumer is responsible to pay for the repair,
which dollar amount may not exceed the applicable deductible or other copay
arrangement in the consumer's insurance policy; or
(ii)
requests or collects from a consumer an amount that exceeds the dollar amount a
consumer was initially told the consumer was responsible to pay as an insurance
deductible or other copay arrangement for a motor vehicle repair under Subsection
(2)(p)(i)
, even if that amount is less than the full amount the motor vehicle
insurance policy requires the insured to pay as a deductible or other copay
arrangement, unless:
(A)
the consumer's insurance company denies that coverage exists for the repair,
in which case, the full amount of the repair may be charged and collected from
the consumer; or
(B)
the consumer misstates, before the repair is commenced, the amount of money
the insurance policy requires the consumer to pay as a deductible or other
copay arrangement, in which case, the supplier may charge and collect from
the consumer an amount that does not exceed the amount the insurance policy
requires the consumer to pay as a deductible or other copay arrangement;
(q)
includes in any contract, receipt, or other written documentation of a consumer
transaction, or any addendum to any contract, receipt, or other written documentation
of a consumer transaction, any confession of judgment or any waiver of any of the
rights to which a consumer is entitled under this chapter;
(r)
charges a consumer for a consumer transaction or a portion of a consumer transaction
that has not previously been agreed to by the consumer;
(s)
solicits or enters into a consumer transaction with an individual who lacks the mental
ability to comprehend the nature and consequences of:
(i)
the consumer transaction; or
(ii)
the individual's ability to benefit from the consumer transaction;
(t)
solicits for the sale of a product or service by providing a consumer with an
unsolicited check or negotiable instrument the presentment or negotiation of which
obligates the consumer to purchase a product or service, unless the supplier is:
(i)
a depository institution under Section
7-1-103
;
(ii)
an affiliate of a depository institution; or
(iii)
an entity regulated under Title 7, Financial Institutions Act;
(u)
sends an unsolicited mailing to a person that appears to be a billing, statement, or
request for payment for a product or service the person has not ordered or used, or
that implies that the mailing requests payment for an ongoing product or service the
person has not received or requested;
(v)
issues a gift certificate, instrument, or other record in exchange for payment to
provide the bearer, upon presentation, goods or services in a specified amount
without printing in a readable manner on the gift certificate, instrument, packaging,
or record any expiration date or information concerning a fee to be charged and
deducted from the balance of the gift certificate, instrument, or other record;
(w)
misrepresents the geographical origin or location of the supplier's business;
(x)
fails to comply with the restrictions of Section
15-10-201
on automatic renewal
provisions;
(y)
violates Section
13-59-201
;
(z)
fails to comply with the restrictions of Subsection
13-54-202(2)
;
(aa)
states or implies that a registration or application administered or enforced by the
division is an endorsement, sanction, or approval by the division or a governmental
agency or office;
or
(bb)
fails to comply with the requirements of Section
71A-4-102
regarding assistance to
veterans for benefits
.
; or
(cc)
fails to comply with the requirements of Chapter 82,
Virtual Currency Kiosk
Regulation.
(3)
(a)
The notice required by Subsection
(2)(m)
shall:
(i)
be a conspicuous statement written in dark bold with at least 12-point type on the
first page of the purchase documentation; and
(ii)
read as follows: "YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT
ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (or time
period reflecting the supplier's cancellation policy but not less than three business
days) AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE
PRODUCT, WHICHEVER IS LATER."
(b)
A supplier is exempt from the requirements of Subsection
(2)(m)
if the supplier's
cancellation policy:
(i)
is communicated to the buyer; and
(ii)
offers greater rights to the buyer than Subsection
(2)(m)
.
(4)
(a)
A gift certificate, instrument, or other record that does not print an expiration date
in accordance with Subsection
(2)(v)
does not expire.
(b)
A gift certificate, instrument, or other record that does not include printed
information concerning a fee to be charged and deducted from the balance of the gift
certificate, instrument, or other record is not subject to the charging and deduction of
the fee.
(c)
Subsections
(2)(v)
and
(4)(b)
do not apply to a gift certificate, instrument, or other
record useable at multiple, unaffiliated sellers of goods or services if an expiration
date is printed on the gift certificate, instrument, or other record.
Section 4. Section
13-82-101
is enacted to read:
82. Virtual Currency Kiosk Regulation
13-82-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Transaction hash" means a unique identifier made up of a string of characters that act
as a record and provide proof the transaction was verified and added to the blockchain.
(2)
"Virtual currency" means a digital representation of value that is used as a medium of
exchange, unit of account, or store of value and is not money, whether or not
denominated in money.
(3)
"Virtual currency address" means an alphanumeric identifier associated with a virtual
currency wallet identifying the location to which a virtual currency transaction may be
sent.
(4)
"Virtual currency kiosk" means an electronic terminal acting as a mechanical agent of
the virtual currency kiosk operator to enable the virtual currency kiosk operator to
facilitate the exchange of virtual currency for money, bank credit, or other virtual
currency.
(5)
"Virtual currency kiosk operator" means a person that operates a virtual currency kiosk
in this state.
(6)
"Virtual currency kiosk transaction" means a transaction conducted or performed, in
whole or in part, by electronic means via a virtual currency kiosk to purchase virtual
currency with fiat currency or to sell virtual currency for fiat currency.
(7)
"Virtual currency wallet" means a software application or other mechanism providing a
means to hold, store, or transfer virtual currency.
Section 5. Section
13-82-102
is enacted to read:
13-82-102
Effective
05/06/26
. Transaction limits.
(1)
A virtual currency kiosk operator may not accept virtual currency kiosk transactions
from a single customer that exceed a cumulative total of:
(a)
during the three calendar days following the day on which the customer completes
the customer's first virtual currency kiosk transaction with the virtual currency kiosk
operator, $2,000 of cash or the equivalent in virtual currency per calendar day; or
(b)
after the three-day period described in Subsection
(1)(a)
, $5,000 of cash or the
equivalent in virtual currency per calendar day.
(2)
Subsection
(1)
applies to virtual currency kiosk transactions in this state via one or more
virtual currency kiosks operated by the same virtual currency kiosk operator.
Section 6. Section
13-82-103
is enacted to read:
13-82-103
Effective
05/06/26
. Disclosures and warnings -- Receipt
requirements.
(1)
A virtual currency kiosk operator shall disclose in a clear, conspicuous, and easily
readable manner in the chosen language of the customer:
(a)
all relevant terms and conditions generally associated with the products, services, and
activities of the virtual currency kiosk operator and virtual currency; and
(b)
that digital assets and transactions conducted through the virtual currency kiosk are
not insured or guaranteed by the Federal Deposit Insurance Corporation or the
Securities Investor Protection Corporation.
(2)
The virtual currency kiosk operator shall receive acknowledgment of receipt of all
disclosures required under this section via confirmation of consent.
(3)
Each virtual currency kiosk shall include a fraud prevention warning in English and
Spanish, written prominently and in bold type.
(4)
The fraud prevention warning described in Subsection
(3)
shall state: "WARNING:
NEVER SEND MONEY TO SOMEONE YOU DO NOT KNOW. THESE
TRANSACTIONS ARE IRREVERSIBLE. NO GOVERNMENT AGENCY OR
OFFICIAL WILL EVER REQUEST PAYMENT USING THIS KIOSK. IF YOU
SUSPECT FRAUD, CALL LOCAL LAW ENFORCEMENT BEFORE
PROCEEDING."
(5)
After the completion of each transaction, the virtual currency kiosk operator shall
provide an individual with a receipt in the language chosen by the customer.
(6)
The receipt described in Subsection
(5)
shall contain:
(a)
the virtual currency kiosk operator's name and contact information, including a
telephone number to answer questions and register complaints;
(b)
the relevant state law enforcement or government agency for reporting fraud;
(c)
the type, value, date, and precise time of the transaction;
(d)
the transaction hash;
(e)
each applicable virtual currency address;
(f)
the transaction amount in both virtual currency and United States dollars;
(g)
all fees charged;
(h)
the exchange rate of the virtual currency to United States dollars;
(i)
customer service contact information; and
(j)
a statement of the virtual currency kiosk operator's refund policy.
(7)
A virtual currency kiosk operator performing business in this state shall provide a
toll-free customer service line, available 24 hours per day, seven days per week, and
display the number for the toll-free customer service line on the virtual currency kiosk or
the virtual currency kiosk screens.
Section 7. Section
13-82-104
is enacted to read:
13-82-104
Effective
05/06/26
. Recordkeeping and law enforcement cooperation.
(1)
Each virtual currency kiosk operator shall maintain complete and accurate records of all
virtual currency kiosk transactions and related customer information as required under
applicable state and federal law.
(2)
At a minimum, the records described in Subsection
(1)
shall be preserved for the period
of time required by:
(a)
rules made by the division under Section
13-82-106
; or
(b)
other applicable law.
(3)
A virtual currency kiosk operator shall cooperate with law enforcement authorities in
the investigation and prevention of fraud and other unlawful activity, including:
(a)
promptly complying with lawful subpoenas, court orders, and other official requests
for records or information relating to virtual currency kiosk transactions or customers;
(b)
responding in good faith to lawful requests from the division or law enforcement
relating to fraud involving a virtual currency kiosk; and
(c)
designating a point of contact within the operator's organization for communication
with the division and law enforcement regarding fraud-related matters.
(4)
Upon request by the division, a virtual currency kiosk operator shall make the operator's
records available to the division for examination or audit to verify compliance with this
chapter.
Section 8. Section
13-82-105
is enacted to read:
13-82-105
Effective
05/06/26
. Annual location reporting.
(1)
Each virtual currency kiosk operator shall submit to the division an annual report listing
all virtual currency kiosk locations operated by the operator in this state.
(2)
The report described in Subsection
(1)
shall be:
(a)
filed in accordance with rules made by the division under Section
13-82-106
; and
(b)
filed at least once per calendar year.
(3)
The report described in Subsection
(1)
shall include, for each virtual currency kiosk
location:
(a)
the name of the business or establishment where the virtual currency kiosk is located;
(b)
the physical address of the location, including street address, city, and ZIP code;
(c)
the date on which the virtual currency kiosk began operation at that location; and
(d)
if applicable, the date on which the virtual currency kiosk ceased operation at that
location.
(4)
In addition to the annual report required under Subsection
(1)
, a virtual currency kiosk
operator shall notify the division within 30 days after:
(a)
installing a new virtual currency kiosk at a location in this state; or
(b)
removing a virtual currency kiosk from a location in this state.
Section 9. Section
13-82-106
is enacted to read:
13-82-106
Effective
05/06/26
. Enforcement -- Rulemaking.
(1)
The division shall administer and enforce the provisions of this part.
(2)
The division may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules:
(a)
establishing the time period, format, and content requirements for records maintained
under Section
13-82-104
; and
(b)
establishing the form, content, filing date, and submission procedures for the report
described in Section
13-82-105
.
(3)
(a)
In addition to the division's enforcement powers under Title 13, Chapter 2,
Division of Consumer Protection:
(i)
the division director may impose an administrative fine of up to $2,500 for each
violation of this part; and
(ii)
the division may bring an action in court to enforce a provision of this part.
(b)
In a court action by the division to enforce a provision of this part, the court may:
(i)
declare that the act or practice violates a provision of this part;
(ii)
enjoin actions that violate this part;
(iii)
order disgorgement of any money received in violation of this part;
(iv)
order payment of disgorged money to an injured purchaser or consumer;
(v)
impose a civil penalty of up to $2,500 for each violation of this part;
(vi)
award actual damages to an injured purchaser or consumer; and
(vii)
award any other relief that the court deems reasonable and necessary.
(c)
If a court grants judgment or injunctive relief to the division, the court shall award
the division:
(i)
reasonable attorney fees;
(ii)
court costs; and
(iii)
investigative fees.
(4)
(a)
A person who violates an administrative or court order issued for a violation of
this part is subject to a civil penalty of no more than $5,000 for each violation.
(b)
A civil penalty authorized under this section may be imposed in a civil action.
(5)
A violation of this part constitutes a deceptive act or practice under Title 13, Chapter 11,
Utah Consumer Sales Practices Act.
Section 10. Section
53-6-102
is amended to read:
53-6-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Addiction" means the unlawful or habitual use of alcohol or a controlled substance
which endangers public health and safety.
(2)
"Certified academy" means a peace officer training institution certified in accordance
with the standards developed under Section
53-6-105
.
(3)
"Council" means the Peace Officer Standards and Training Council created in Section
53-6-106
.
"Commission" means the State Commission on Criminal and Juvenile Justice
created in Section
63M-7-201
.
(4)
"Conviction" means an adjudication of guilt regarding criminal conduct, including:
(a)
a finding of guilt by a court or a jury;
(b)
a guilty plea;
(c)
a plea of nolo contendere;
(d)
a plea which is held in abeyance pending the successful completion of:
(i)
a probationary period; or
(ii)
a diversion agreement; or
(e)
a conviction which has been expunged or dismissed.
(5)
"Council" means the Peace Officer Standards and Training Council created in Section
53-6-106
.
(6)
"Cryptocurrency" means a digital asset that functions as a medium of exchange, a unit
of account, or a store of value, and is secured by cryptography.
(7)
"Cryptocurrency investigation" means a law enforcement investigation involving the
tracing, analysis, or recovery of cryptocurrency or digital assets.
(8)
"Digital asset" means the same as that term is defined in Section
13-62-101
.
(5)
(9)
"Director" means the director of the Peace Officer Standards and Training Division
appointed under Section
53-6-104
.
(6)
(10)
"Dispatcher" means an employee of a public safety agency of the state or any of
its political subdivisions and whose primary duties are to:
(a)
(i)
receive calls for one or a combination of, emergency police, fire, and medical
services, and to dispatch the appropriate personnel and equipment in response to
the calls; and
(ii)
in response to emergency calls, make urgent decisions affecting the life, health,
and welfare of the public and public safety employees; or
(b)
supervise dispatchers or direct a dispatch communication center.
(7)
(11)
"Division" means the Peace Officer Standards and Training Division created in
Section
53-6-103
.
(8)
(12)
"POST" means the division.
Section 11. Section
53-6-202
is amended to read:
53-6-202
Effective
05/06/26
. Basic training course -- Completion required --
Annual training -- Prohibition from exercising powers -- Reinstatement.
(1)
(a)
The director shall:
(i)
(A)
suggest and prepare subject material; and
(B)
schedule instructors for basic training courses; or
(ii)
review the material and instructor choices submitted by a certified academy.
(b)
The subject material, instructors, and schedules shall be approved or disapproved by
a majority vote of the council.
(2)
The materials shall be reviewed and approved by the council on or before July 1st of
each year and may from time to time be changed or amended by majority vote of the
council.
(3)
The basic training in a certified academy:
(a)
shall be appropriate for the basic training of peace officers in the techniques of law
enforcement in the discretion of the director;
(b)
may not include the use of chokeholds, carotid restraints, or any act that impedes the
breathing or circulation of blood likely to produce a loss of consciousness, as a valid
method of restraint; and
(c)
shall include instruction on identifying, responding to, and reporting a criminal
offense that is motivated by a personal attribute as that term is defined in Section
76-3-203.14
.
(4)
(a)
All peace officers shall satisfactorily complete the basic training course or the
waiver process provided for in this chapter as well as annual certified training of not
less than 40 hours as the director, with the advice and consent of the council, directs.
(b)
A peace officer who fails to satisfactorily complete the annual training described in
Subsection
(4)(a)
shall automatically be prohibited from exercising peace officer
powers until any deficiency is made up.
(c)
The annual training described in Subsection
(4)(a)
shall include training focused on
arrest control and de-escalation training.
(5)
(a)
Beginning July 1, 2024, all peace officers who are currently employed shall
participate in a training at least every three years focused on the following:
(i)
mental health and other crisis intervention responses;
(ii)
intervention responses for mental illnesses, autism spectrum disorder, and other
neurological and developmental disorders; and
(iii)
responses to sexual traumas and investigations of sexual assault and sexual abuse
in accordance with Section
53-10-908
.
(b)
Any training in which a peace officer participates as described in Subsection
(5)(a)
shall count toward the peace officer's 40-hour required annual training described in
Subsection
(4)(a)
for the year in which the peace officer participated in the training.
(6)
(a)
The director or the director's designee, in coordination with the council, shall
promulgate the standards for the trainings described in Subsection
(4)
.
(b)
The chief law enforcement officer or executive officer of the peace officer's
employing agency shall determine if a peace officer has complied with the standards
established under Subsection
(6)(a)
.
(7)
(a)
Beginning July 1, 2026, each local law enforcement agency shall ensure that at
least one peace officer employed by the agency completes specialized cryptocurrency
investigation training at least once every three years, focused on:
(i)
advanced cryptocurrency tracing and blockchain analysis techniques;
(ii)
digital asset seizure procedures and evidence preservation;
(iii)
use of cryptocurrency investigation tools and software;
(iv)
legal requirements for cryptocurrency search warrants and subpoenas;
(v)
coordination with federal agencies and cryptocurrency exchanges; and
(vi)
recovery and liquidation of seized digital assets.
(b)
The director or the director's designee, in coordination with the council, shall create
standards for the trainings described in Subsection
(7)(a)
.
(c)
The chief law enforcement officer or executive officer of the peace officer's
employing agency shall determine if a peace officer has complied with the standards
created under Subsection
(7)(b)
.
(d)
A peace officer who completes the specialized training described in Subsection
(7)(a)
may assist other local law enforcement agencies with cryptocurrency investigations.
Section 12. Section
53-32-101
is enacted to read:
32. Cryptocurrency Investigations
53-32-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Cryptocurrency" means a digital asset that functions as a medium of exchange, a unit
of account, or a store of value, and is secured by cryptography.
(2)
"Cryptocurrency investigation" means a law enforcement investigation involving the
tracing, analysis, or recovery of cryptocurrency or digital assets.
(3)
"Digital asset" means the same as that term is defined in Section
13-62-101
.
(4)
"Local law enforcement agency" means the same as that term is defined in Section
53-13-101
.
Section 13. Section
53-32-102
is enacted to read:
53-32-102
Effective
05/06/26
. Cryptocurrency investigation reporting.
(1)
Each local law enforcement agency and the Division of Securities created in Section
61-1-18
shall report the following information to the commission on a quarterly basis:
(a)
the number of cases involving cryptocurrency opened during the reporting period;
(b)
the number of cryptocurrency traces conducted during the reporting period;
(c)
the number of cases involving cryptocurrency closed during the reporting period; and
(d)
the disposition of closed cases, including:
(i)
arrests made;
(ii)
charges filed;
(iii)
convictions obtained; and
(iv)
digital assets recovered or seized.
(2)
The commission shall:
(a)
collect and analyze the information reported under Subsection
(1)
;
(b)
prepare an annual summary report of statewide cryptocurrency investigation
activities; and
(c)
on or before November 30 of each year, provide the annual summary report to the
Law Enforcement and Criminal Justice Interim Committee.
(3)
Information reported under this section is protected from disclosure under Title
63G,
Chapter 2
, Government Records Access and Management Act, if disclosure would
compromise an ongoing investigation or reveal investigative techniques.
Section 14. Section
63I-1-253
is amended to read:
63I-1-253
Effective
05/06/26
. Repeal dates: Titles 53 through 53G.
(1)
Section
53-1-122
, Road Rage Awareness and Prevention Restricted Account, is
repealed July 1, 2028.
(2)
Section
53-2a-105
, Emergency Management Administration Council created --
Function -- Composition -- Expenses, is repealed July 1, 2029.
(3)
Section
53-2a-1103
, Search and Rescue Advisory Board -- Members -- Compensation,
is repealed July 1, 2030.
(4)
Section
53-2a-1104
, General duties of the Search and Rescue Advisory Board, is
repealed July 1, 2027.
(5)
Title 53, Chapter 2a, Part 15, Grid Resilience Committee
, is repealed July 1, 2027.
(6)
Section
53-2d-104
, State Emergency Medical Services Committee -- Membership --
Expenses, is repealed July 1, 2029.
(7)
Section
53-2d-503
, Establishment of maximum rates, is repealed July 1, 2027.
(8)
Section
53-5a-302
, Concealed Firearm Review Board -- Membership -- Compensation
-- Terms -- Duties, is repealed July 1, 2029.
(9)
Section
53-11-104
, Board, is repealed July 1, 2029.
(10)
Title
53, Chapter 31
, Department Interaction With Local Law Enforcement, is repealed
July 1, 2027.
(11)
Section
53-32-102
, Cryptocurrency investigation reporting, is repealed July 1, 2030.
(12)
Subsection
53C-3-203
(4)(b)(vii)
, regarding the distribution of money from the Land
Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12)
(13)
Subsection
53E-1-201
(1)(q)
, regarding the Higher Education and Corrections
Council, is repealed July 1, 2027.
(13)
(14)
Subsection
53E-2-304
(6)
, regarding foreclosing a private right of action or
waiver of governmental immunity, is repealed July 1, 2027.
(14)
(15)
Subsection
53E-3-503
(5)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(15)
(16)
Subsection
53E-3-503
(6)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(16)
(17)
Subsection
53E-4-202
(8)(b)
, regarding a standards review committee, is repealed
January 1, 2028.
(17)
(18)
Section
53E-4-203
, Standards review committee, is repealed January 1, 2028.
(18)
(19)
Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission
,
is repealed July 1, 2033.
(19)
(20)
Subsection
53E-7-207
(7)
, regarding a private right of action or waiver of
governmental immunity, is repealed July 1, 2027.
(20)
(21)
Section
53F-5-215
, Elementary teacher preparation assessment grant, is repealed
July 1, 2028.
(21)
(22)
Section
53F-5-219
, Local Innovations Civics Education Pilot Program, is
repealed July 1, 2026.
(22)
(23)
Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel
, is repealed July
1, 2027.
(23)
(24)
Subsection
53G-4-608
(2)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(24)
(25)
Subsection
53G-4-608
(4)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(25)
(26)
Section
53G-9-212
, Drinking water quality in schools, is repealed July 1, 2027.
(26)
(27)
Subsection
53G-9-703(4)
, regarding the parental video presentation concerning
student use of technology, is repealed January 1, 2030.
(27)
(28)
Subsection
53H-1-402(1)(j)
, regarding the Higher Education and Corrections
Council, is repealed July 1, 2027.
(28)
(29)
Section
53H-1-604
, Higher Education and Corrections Council, is repealed July
1, 2027.
(29)
(30)
Subsection
53H-4-210(3)
, regarding the creation of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(30)
(31)
Subsection
53H-4-210(4)
, regarding the appointment of the members of the
SafeUT and School Safety Commission, is repealed January 1, 2030.
(31)
(32)
Subsection
53H-4-210(5)
, regarding the attorney general designating the chair of
the SafeUT and School Safety Commission, is repealed January 1, 2030.
(32)
(33)
Subsection
53H-4-210(6)
, regarding the quorum requirements of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(33)
(34)
Subsection
53H-4-210(7)
, regarding a formal action of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(34)
(35)
Subsection
53H-4-210(8)
, regarding compensation for members of the SafeUT
and School Safety Commission, is repealed January 1, 2030.
(35)
(36)
Subsection
53H-4-210(9)
, regarding the support staff for the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(36)
(37)
Section
53H-4-306.1
, Definitions -- Electrification of Transportation
Infrastructure Research Center, is repealed July 1, 2028.
(37)
(38)
Section
53H-4-306.2
, Electrification of Transportation Infrastructure Research
Center -- Designation -- Duties, is repealed July 1, 2028.
(38)
(39)
Section
53H-4-306.3
, Electrification of Transportation Infrastructure Research
Center -- Steering committee, is repealed July 1, 2028.
(39)
(40)
Section
53H-4-306.4
, Electrification of Transportation Infrastructure Research
Center -- Industry advisory board, is repealed July 1, 2028.
(40)
(41)
Section
53H-4-306.5
, Electrification of Transportation Infrastructure Research
Center -- Duties of the project director, is repealed July 1, 2028.
(41)
(42)
Section
53H-4-306.6
, Electrification of Transportation Infrastructure Research
Center -- Project development and strategic objectives -- Reporting requirements, is
repealed July 1, 2028.
(42)
(43)
Section
53H-4-307.1
, Center for Civic Excellence, is repealed July 1, 2030.
(43)
(44)
Section
53H-4-307.2
, Center for Civic Excellence -- Duties -- Authority, is
repealed July 1, 2030.
(44)
(45)
Section
53H-4-307.3
, Center for Civic Excellence -- Leadership, is repealed July
1, 2030.
(45)
(46)
Section
53H-4-307.4
, Center for Civic Excellence -- Faculty, is repealed July 1,
2030.
(46)
(47)
Section
53H-4-307.5
, Center for Civic Excellence -- Curriculum, is repealed July
1, 2030.
(47)
(48)
Section
53H-4-307.6
, Center for Civic Excellence -- Oversight -- Reporting, is
repealed July 1, 2030.
(48)
(49)
Section
53H-4-313
, Food Security Council, is repealed July 1, 2027.
(49)
(50)
Section
53H-8-305
, Five-year performance goals, is repealed July 1, 2027.
(50)
(51)
Title
53H, Chapter 10, Part 4
, Education Savings Incentive Program, is repealed
July 1, 2028.
Section 15.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
The actions affecting Section 13-2-1
Effective
07/01/26
take effect on
July 1, 2026
.
3-6-26 10:13 AM