S.B. 38 Consumer Protection Modifications

What this bill does

This bill changes the division's investigation and enforcement powers, including the penalties it can impose and when it can deny, suspend, or revoke documents. It requires businesses to keep a registered agent in Utah and to correct incorrect filings, and it lets the division recover costs from a surety bond or certificate of deposit.

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Every vote

• 24 yes, 0 no, 5 absentFinal Senate vote · Jan 21, 2026Who voted how
• 13 yes, 0 no, 3 absentHouse Business, Labor, and Commerce Committee: vote to change the bill · Feb 12, 2026Who voted how
• 14 yes, 0 no, 2 absentHouse Business, Labor, and Commerce Committee: vote to approve it · Feb 12, 2026Who voted how
• 46 yes, 1 no, 28 absentFinal House vote · Feb 26, 2026Who voted how
• 22 yes, 0 no, 7 absentSenate vote to accept the other chamber's changes · Feb 27, 2026

Hearings and debates

• Jan 21, 2026 Senate floor debate▶ Watch
  Transcript (13 turns)

  1. Sen. Todd Weiler27:47

     This is a bill that came through the Business Interim Committee and I'm, I'm not sure, uh, what I did to Senator Vickers to get assigned this, but I will apologize to him after this presentation so it doesn't happen again. But this is a very technical bill. Um, he's not listening, but this bill amends the division's investigatory, uh, authority to conduct investigations related to statutes. The division administers and enforces amends filing requirements for a person to make with the division amends provisions related to an entity surety bond and certificate of deposit provides circumstances under which the division may recover costs from a surety bond or a certificate of deposit. Provides that a person correct information contained in a filing the person makes with the division. If the information becomes incorrect or incomplete, provides that certain persons may not represent the division or the state endorses or approves the person, clarifies the issuance of certain documents, does not constitute approval or endorsement by the state or division. Provides circumstances under which the division may deny, suspend, or revoke certain documents. Requires that a person registers with the division, maintain a registered agent in the state. That's important. Provides requirements for the information a person shall maintain for a registered agent in the state. By the way, a registered agent is where a company says, if you're gonna sue me, this is where, this is the person you serve the lawsuit on, or a subpoena amends provisions relating to the division's, enforcement powers and penalties the division may impose and a whole bunch of other stuff. So with that, I'll yield to any questions.

  2. Senate President Adams (presiding)29:23

     Senator, there's no question. Before you make a motion, I'm gonna have you make a, uh, a pre, uh, a motion that we suspend the constitutional three.

  3. Sen. Todd Weiler29:31

     Oh, thank you. Uh, Mr. President, as permitted by the Utah Constitution. I move that we suspend the three reading requirements.

  4. Unknown speaker29:43speaker not certain

     Let me think about that for a second. Uh, can we do that in the middle of a bill presentation? Maybe we ought to circle the bill.

  5. Sen. Todd Weiler29:51speaker not certain

     I'll circle move motion Circle. Yeah. Can we do that now?

  6. Senate President Adams (presiding)29:54

     Motion Circle? We can. Okay. If we can do it. Let's see. You're the parliamentary if we do it. No, I think we can. I think we can. Okay, let's go ahead. I'll, I'll I just did it, but I'll, I'll rule that we accept that and so I'm gonna, I'm gonna place the motion. Those in favor say aye. Aye. Any opposed? Without objection. There we go. Uh, thank you.

  7. Sen. Todd Weiler30:14

     So now that, that is a purpose for, uh, moving the bill straight across today Under suspension of the rules.

  8. Sen. Todd Weiler30:22

     Mr. President, I move that SB 38 pass.

  9. Senate President Adams (presiding)30:25

     Thank you. And the question is under suspension of the rule, shall Senate Bill 38 pass Roll call vote.

  10. Unknown speaker (roll call)30:30

      Senator Vickers Baldy Lein Brammer Bus Comore. Ms. Camilla Escamilla Aye. Fillmore Grover Aye. Harper Aye. Kins Aye. Ipson Aye. Johnson Aye. Juab McKay? Aye. Macl Aye. Milner Musman Owens pitcher Plum Rebe Sandal Stevenson Stratton Bickers Aye. Weiler Aye. Wilson. Aye. Winterton President Adams

  11. Senate President Adams (presiding)31:22

      Aye. Senate bill 38, having received 24 yay votes, zero na votes, five being absent passes, this body will be sent to the house for their consideration. I'm gonna go to Senator, uh, Weiler, why don't you go ahead and make a motion. I think we, that dealt with just that Bill. So I'm gonna ask you to make a motion to suspend the three, Three Reading, reading, inquire The entire I do a proprietary moment and then make the motion. Is that okay? That's okay.

  12. Sen. Todd Weiler31:48

      A little bit of a personal privilege. So I'm hoping the interns are listening and, uh, I guess Senator Bus is not here. I just wanna explain. A lot of people don't understand why the house only, uh, reads and debates a bill once and the Senate does it twice. So both the House and the Senate have the three reading requirements. When we, when, um, when Mr. Lloyd reads in the bill, we count that as the first reading requirement, and then of course we know the second reading and the third reading. You're all familiar with that in the house. When they get the committee report and they read in the committee report, the house counts that as the second reading and that's why they do all bills on third reading. So it's a different chamber rule. So we both have the three reading requirement, we just interpret it differently. And with that explanation, Mr. President, I move that for the rest of the day as permitted by the Utah Constitution, we suspend the three reading requirement in the Senate. Thank

  13. Senate President Adams (presiding)32:48

      You. Do you have a motion? All in favor say aye. Aye. Any opposed? Will that motion passes? And again, if we have a bill that, uh, has a strong objection, we'll probably move it to third.

• Feb 12, 2026 House Business, Labor, and Commerce Committee▶ Watch
  Transcript (40 turns)

  1. Cochair Kyle (presiding)2:20:31

     s sp 38 Consumer protection modifications. Go. Go ahead, Senator.

  2. Sen. Todd Weiler2:20:37

     Thank you, Mr. Chair. This won't be nearly as exciting as the last bill. Um, I do have an amendment that I'm hoping, um, the committee, it's in Representative Matthews name, and I also walked out of the speaker presenting his only bill and my committee so I could be here. So I appreciate you taking me out of order. Um, so this, uh, I'll let you introduce yourself. Oh, sorry. Oh, please go ahead. Katie

  3. Katie Haas, Director, Division of Consumer Protection2:21:04

     Haas, director of the Division of Consumer Protection. Yeah. So,

  4. Sen. Todd Weiler2:21:06

     uh, Katie will be joining me. Ms. Haes will be joining me in my presentation. So this bill,

  5. Unknown speaker2:21:10speaker not certain

     Sorry, can, can we get that again? I didn't have your mic on Katie Haas. It's All good. Um, Katie, you muted it earlier.

  6. Katie Haas, Director, Division of Consumer Protection2:21:16

     I'm Katie Haas. I'm the Director of the Division of Consumer Protection. And I hope you have security ready just in case you know, lightning strikes twice. Thanks. So, um, this is an interim committee bill. Um, to my knowledge, uh, it has unanimous support. It's a technical, very technical update to Utah's consumer protection law. It clarifies the division's authority to investigate potential violations. It updates, filing and reporting requirements for both individuals and businesses. And it strengthens rules around surety bonds and certificates of deposits, including when the division can recover costs. It also ensures that regulated entities keep their information current. It clarifies that state issued documents do not imply endorsement. It establishes when the division can deny, suspend, or even revoke certain filings. And it requires businesses to eliminate, I'm sorry, to maintain registered agent in Utah for legal services of lawsuits and subpoenas. Um, so the, the key points are is it clarifies and strengthens division's, investigatory and enforcement powers to ensure compliance with consumer protection laws. It updates, filing and reporting requirements, strengthens surety bond rules and mandates that entities maintain that registered agent I mentioned and provides clear authority to correct errors, recover costs, and or deny, suspend or revoke registrations or documents when entities fail to meet legal obligations.

  7. Sen. Todd Weiler2:22:42

     With that, I'll, I'll kick it to Ms. Haw for a minute, a minute or two.

  8. Katie Haas, Director, Division of Consumer Protection2:22:46

     Um, I think he covered that. This is really just streamlining. We have so many statutes that we enforce at the division. We have a, I think over 30 statutes and 30 employees. And so this is just to simplify most of our stuff. And there's a substitute, and the substitute speaks to our representation by the Attorney General's office. Um, that is covered in a different section of code. So this is striking all that language so that there's no inconsistencies. We've worked with the attorney general's office on this language, um, just to make sure that there's no conflicting language in any of our statutes compared to the overarching client attorney-client relationship that exists. So, um, I, I'm speaking a bit to the sub right now.

  9. Cochair Kyle (presiding)2:23:22

     Okay. Thank you. Does that include your pre conclude, your presentation center?

  10. Katie Haas, Director, Division of Consumer Protection2:23:26

      Yes. Thank you. Thank you. Okay.

  11. Cochair Kyle (presiding)2:23:28

      Um, we'll take it to the committee for clarifying questions. No, Representative Matthews?

  12. Rep. Ashlee Matthews2:23:38

      Yes. Well, this is such a tiny bill. I'm wondering if you could speak to line 4,600. Just kidding. It's like, oh crap. That might be hard.

  13. Cochair Kyle (presiding)2:23:49

      All right. Um, and we'll, uh, it doesn't appear there are any other questions. We'll, uh, is there anybody that would like to speak to this? In the public? In public comment? Is anybody online? Okay. Uh, no public comment. We'll take you to the Committee for Action Representative Matthews

  14. Rep. Ashlee Matthews2:24:09

      For real. This time, I promise, um, I move that we adopt the first substitute of SB 38.

  15. Cochair Kyle (presiding)2:24:15

      Would you like to speak to that? No. Okay.

  16. Rep. Ashlee Matthews2:24:17

      And to the, to the sponsor, It's technical. I, in fact, I said on the Senate floor, I, I didn't know what I had done to offend the interim committee chairs where they put this bill in my name, but I was going to repent and try to be better. So,

  17. Cochair Kyle (presiding)2:24:32

      And then we will, uh, take it to the committee.

  18. Rep. Ashlee Matthews2:24:35

      It was Katie. Katie suggested it. Okay, Now I know.

  19. Cochair Kyle (presiding)2:24:39

      All right. Uh, and we'll, uh, take back to the maker of the motion.

  20. Rep. Ashlee Matthews2:24:42speaker not certain

      I, okay.

  21. Cochair Kyle (presiding)2:24:44

      Uh, uh, motion is that we adopt the first substitute of House of Senate Bill 38. All in favor say aye. Aye. And those against, all right. The substitute is adopted. You wanna keep going? Representative Matthews, you

  22. Rep. Ashlee Matthews2:25:00

      Got it. Um, I make a motion that we favorably recommend First,

  23. Cochair Kyle (presiding)2:25:04

      Do you want, do you want your amendment?

  24. Rep. Ashlee Matthews2:25:05

      Oh, do the amendment. Oh, yes. There's amendment As a technical, Uh, the first amendment, I don't even show her mine, but yes, whatever the amendment is to this bill, It's, it's, it just changes the subsection. Uh, it was a mis fixing a typographical error. Oh, There it is. My apologies. Yes. My, my emotion is that we adopt, Sorry, one second. It

  25. Unknown speaker2:25:25speaker not certain

      looks like we have an amendment there. Was this adopted? I don't have an amendment. I think the Amendment was adopted. So, Oh, the amendment. It says that the amendment's to the original. Okay. Not the sub. So, so we don't need the amendment to the sub. I apologize. We don't need the amendment. Okay, because I thought you said you needed on in there. Yeah, I did to the original, but yeah, then the sub, it was the amendment Incorporated in The sub. Assume that, yeah. Okay,

  26. Rep. Ashlee Matthews2:25:44speaker not certain

      Got it.

  27. Rep. Ashlee Matthews2:25:46

      In that case, I retract my other, other motion. And my actual motion is that we favorably recommend first substitute SB 38.

  28. Cochair Kyle (presiding)2:25:56

      Would you like to speak to that? Nope. Okay. Um, to the sponsor,

  29. Rep. Ashlee Matthews2:26:01speaker not certain

      I'll waive. Okay.

  30. Cochair Kyle (presiding)2:26:02

      And then to the committee, back to the sponsor.

  31. Rep. Ashlee Matthews2:26:07speaker not certain

      Waive, and then to the maker of the motion, I'll waive.

  32. Cochair Kyle (presiding)2:26:10

      Okay. Uh, motion is that we recommend favorably Senate bill 38. First substitute. All in favor say aye. Aye. Aye. And those against roll. That passes unanimously. Thank you, Senator. Thank you. Thank You.

  33. Sen. Todd Weiler2:26:24speaker not certain

      You.

  34. Cochair Kyle (presiding)2:26:26

      Have a great day. Was it Speaker Schultz that you walked out on? Yes. Yeah. Oh, then let's put this on consent. Anything for the Business and Labor Committee?

  35. Unknown speaker2:26:36speaker not certain

      That's, that's my motto. Yeah.

  36. Cochair Kyle (presiding)2:26:41

      Senator, just a note to check on that amendment to see.

  37. Sen. Todd Weiler2:26:46

      Okay. I'll double check that. Thank you.

  38. Cochair Kyle (presiding)2:26:52

      Okay, Representative Sawyers, uh, itching to say something. All right, we're going to go to the next, next Bill. Um, we've got, is, is, uh, Representative Walter here? He's not able to make it. Okay. So I think that, Yeah, he did. I forgot. So if he's not here, then, then we're done. So we'll entertain a final motion representative. So we pressed the button. I learned this from Senator Dunning or Representative Dunn. Again, our first, my first year. I, I did that and he got me. Representative Sawyer,

  39. Rep. Jake Sawyer2:27:32

      Mr. Chair. Motion to adjourn.

  40. Cochair Kyle (presiding)2:27:33

      That's an order. All in favor say aye. Aye. Aye. Thank you. Uh, rule that passes. Thank you. I've Never had an act Up.

• Feb 26, 2026 House floor debate▶ Watch
  Transcript (11 turns)

  1. Speaker (presiding)1:12:59

     First substitute Senate bill 38 Consumer Protection modifications by Senator Cullimore. This bill was heard in business and labor with a vote of 14 0 2. Representative Matthews,

  2. Speaker (presiding)1:13:12

     Uh, thank you Mr. Speaker brought to a motion to adopt second substitute SB 38. The motion is to adopt second substitute Senate bill 38. Would you like to speak to it?

  3. Rep. Ashlee Matthews1:13:22

     Um, sure. It just, uh, incorporates the two separate house amendments and then it also, um, removes some redundancy in, in the code

  4. Speaker (presiding)1:13:32

     Motion is to adopt second substitute Senate Bill 38. Discussion to the motion. See none represent Matthews. For summation,

  5. Rep. Ashlee Matthews1:13:39speaker not certain

     I'll waive Motion is

  6. Speaker (presiding)1:13:40

     to adopt Senate second substitute Senate bill 38. All in favor say aye. Aye. Opposed say no. Motion carries. The substitute is adopted. Representative Matthews.

  7. Rep. Ashlee Matthews1:13:52

     Thank you Mr. Speaker ProAm. I do wanna make sure to clarify that I'm not reading off of a paper, but this is a 9,500 line bill. So I do have some cliff notes, if that would be, I'll check on those. Um, but by and large, this bill is mostly, um, a technical update to Utah's consumer protection laws. Um, it clarifies the division's authority to investigate potential, uh, violations. Um, update, filing and reporting requirements for individuals and businesses and strengthens the rules and, uh, surety bonds certificates of deposit, um, and allows, um, for the division to recover costs. Um, it also requires that regulated entities keep their contact information current, uh, clarifies. State issued documents do not imply endorsement. Um, it establishes when the division can deny, suspend or revoke certain filings and requires businesses to maintain a registered agent in Utah for legal, um, services, lawsuits, subpoenas, that sort of thing. Um, and with that I'm open to questions.

  8. Speaker (presiding)1:15:03

     Thank you Representative Matthews discussion to the bill Representative Matthews. I see none. Oh, thank God to you for some

  9. Rep. Ashlee Matthews1:15:14speaker not certain

     I'll waive. Thank you,

  10. Speaker (presiding)1:15:17

      Uh, Representative Matthews for summation. I'll Waive. Thank You. Summation is waived.

  11. Speaker (presiding)1:15:21

      Voting is open on second substitute Senate bill 38 Consumer protection modifications, seeing all present, having voted voting will be closed. Second substitute Senate bill 38, having received 46 yay votes and one nay vote passes the house and will be transmitted to the Senate for further consideration. Madame Reading Clerk

• Feb 26, 2026 House floor debate▶ Watch
  Transcript (7 turns)

  1. Speaker (presiding)1:13:10

     Representative Matthews,

  2. Rep. Ashlee Matthews1:13:12

     Uh, thank you Mr. Speaker brought to a motion to adopt second substitute SB 38. The motion is to adopt second substitute Senate bill 38.

  3. Speaker (presiding)1:13:20

     Would you like to speak to it?

  4. Rep. Ashlee Matthews1:13:22

     Um, sure. It just, uh, incorporates the two separate house amendments and then it also, um, removes some redundancy in, in the code

  5. Speaker (presiding)1:13:32

     Motion is to adopt second substitute Senate Bill 38. Discussion to the motion. See none represent Matthews. For summation, I'll waive Motion is to adopt Senate second substitute Senate bill 38. All in favor say aye. Aye. Opposed say no. Motion carries. The substitute is adopted. Representative Matthews.

  6. Rep. Ashlee Matthews1:13:52

     Thank you Mr. Speaker ProAm. I do wanna make sure to clarify that I'm not reading off of a paper, but this is a 9,500 line bill. So I do have some cliff notes, if that would be, I'll check on those. Um, but by and large, this bill is mostly, um, a technical update to Utah's consumer protection laws. Um, it clarifies the division's authority to investigate potential, uh, violations. Um, update, filing and reporting requirements for individuals and businesses and strengthens the rules and, uh, surety bonds certificates of deposit, um, and allows, um, for the division to recover costs. Um, it also requires that regulated entities keep their contact information current, uh, clarifies. State issued documents do not imply endorsement. Um, it establishes when the division can deny, suspend or revoke certain filings and requires businesses to maintain a registered agent in Utah for legal, um, services, lawsuits, subpoenas, that sort of thing. Um, and with that I'm open to questions.

  7. Speaker (presiding)1:15:03

     Thank you Representative Matthews discussion to the bill Representative Matthews. I see none. Oh, thank God to you for some I'll waive. Thank you, Uh, Representative Matthews for summation. I'll Waive. Thank You. Summation is waived. Voting is open on second substitute Senate bill 38 Consumer protection modifications, seeing all present, having voted voting will be closed. Second substitute Senate bill 38, having received 46 yay votes and one nay vote passes the house and will be transmitted to the Senate for further consideration. Madame Reading Clerk

• Feb 27, 2026 Senate floor debate▶ Watch
  Transcript (4 turns)

  1. President (presiding)18:09

     Senator Weiler.

  2. Sen. Todd Weiler18:10

     Thank you Mr. President. I'm gonna move to Concur. Um, Representative Matthews took two house amendments, uh, to the first sub and rolled those into a second sub. They both just pointed to, uh, to the correct, uh, sections of the code. So they're very, very technical in nature. Did not change anything substantively, substantively. So I move to Concur.

  3. President (presiding)18:32

     Thank you. Have a motion to concur. Say no discussion. Replace the motion. All in favor say aye. Aye. Any opposed? Rule. The motion passes. Second substitute Senate bill 38 has been read three times. The question is, shall it pass? Roll call

  4. President (presiding)18:49

     Vote. Senator Vickers. Baldy Lewin Aye. Rammer. Thus Culmore. Escamilla. Aye. Fillmore Grover. Aye. Harper Kins. Aye. Ipson Aye. Johnson. Juab McKay. Mikel. Aye. Milner Musman. Aye. Milner a Owens pitcher Alum Aye. Rebe Sandal Stevenson Stratton. Yes. Vickers Weiler Wilson Winterton. President Adams Aye. Second substitute Senate Bill 38. Having received 22 yay votes, zero nay votes. Seven being absent passes this body and will be returned to the house for the signature of the speaker.