Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 184 (2015GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that every applicant for an original driving privilege card shall submit with the application:
• fingerprints and a photograph; and
• a signed waiver from the person for participation in certain criminal records databases;
• provides that if the person has not submitted fingerprints and a photograph to the Driver License Division before a certain date, the person renewing a driving privilege card shall submit:
• fingerprints and a photograph; and
• a signed waiver from the person for participation in certain criminal records databases;
• amends the Bureau of Criminal Identification's maintenance, notification, and submission requirements for the fingerprints and photographs submitted with a driving privilege card application or renewal; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DRIVING PRIVILEGE CARD APPLICATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
 Lee B. Perry
LONG TITLE
General Description:
This bill modifies the Uniform Driver License Act by amending provisions relating to
driving privilege card applicant fingerprint and photograph submissions.
Highlighted Provisions:
This bill:
▸ provides that every applicant for an original driving privilege card shall submit with
the application:
• fingerprints and a photograph; and
• a signed waiver from the person for participation in certain criminal records
databases;
▸ provides that if the person has not submitted fingerprints and a photograph to the
Driver License Division before a certain date, the person renewing a driving
privilege card shall submit:
• fingerprints and a photograph; and
• a signed waiver from the person for participation in certain criminal records
databases;
▸ amends the Bureau of Criminal Identification's maintenance, notification, and
submission requirements for the fingerprints and photographs submitted with a
driving privilege card application or renewal; 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:
53-3-205.5
, as enacted by Laws of Utah 2011, Chapter 428
53-10-202
, as last amended by Laws of Utah 2014, Chapter 226
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-205.5
 is amended to read:
53-3-205.5.
Fingerprint and photograph submission required for driving
privilege card applicants and cardholders.
(1) (a) Every applicant for [
a
] 
an original
 driving privilege card shall submit 
the
following with the application to the division:
(i)
 fingerprints and a photograph in a sealed envelope provided by the Bureau of
Criminal Identification or a law enforcement agency [
with the application to the division.
]
; and
(ii) a signed waiver from the person whose fingerprints are being registered in the
Federal Bureau of Investigation's Next Generation Identification system's Rap Back Service.
(b) [
A
] 
If a person has not submitted fingerprints and a photograph to the division on
or after July 1, 2015, the
 person that renews a driving privilege card shall submit
:
(i)
 fingerprints and a photograph in a sealed envelope provided by the Bureau of
Criminal Identification or a law enforcement agency [
to the division if the person has not
previously submitted fingerprints and a photograph to the division.
]
; and
(ii) a signed waiver from the person whose fingerprints are being registered in the
Federal Bureau of Investigation's Next Generation Identification system's Rap Back Service.
(c) The fingerprinting and photograph submission required under this Subsection (1)
shall be conducted by:
(i) the Bureau of Criminal Identification; or
(ii) a law enforcement agency that has the capability of handling fingerprint and
photograph submissions.
(2) The division shall submit fingerprints for each person described in Subsection (1)
to the Bureau of Criminal Identification established in Section 
53-10-201
.
(3) 
(a)
 The Bureau of Criminal Identification shall[
: (a)
] check the fingerprints
submitted under Subsection (1) against the applicable state and regional criminal records
databases[
;
] and 
submit the fingerprints to national criminal records databases, including the
Federal Bureau of Investigation's Next Generation Identification system.
[
(b) notify:
]
[
(i) the federal Immigration and Customs Enforcement Agency of the United States
Department of Homeland Security if the person has a felony in the person's criminal history
record; or
]
[
(ii) the law enforcement agency that is directed to execute a warrant of arrest if an
outstanding warrant of arrest has been issued against the person.
]
[
(4) (a) The Bureau of Criminal Identification shall maintain a separate file of
fingerprints submitted under Subsection (1) and notify the following persons when a new entry
is made in the applicable state and regional database against a person whose fingerprints are
held in the file:
]
[
(i) the federal Immigration and Customs Enforcement Agency of the United States
Department of Homeland Security if the person is involved in an arrest under state law
involving a felony; or
]
[
(ii) the law enforcement agency that is directed to execute a warrant of arrest if an
outstanding warrant of arrest is issued against the person.
]
(b) The Bureau of Criminal Identification shall:
(i) maintain a separate file of fingerprints submitted under Subsection (1) for search by
future submissions to the local and regional criminal records databases, including latent prints;
(ii) request that the fingerprints be retained in the Federal Bureau of Investigation's
Next Generation Identification system's Rap Back Service for search by future submissions to
national criminal records databases, including the Federal Bureau of Investigation's Next
Generation Identification system and latent prints; and
(iii) establish a privacy risk mitigation strategy to ensure that the entity only receives
notifications for individuals with whom the entity maintains an authorizing relationship.
(c) Notification of any existing criminal history record or existing or new warrant
information and any new criminal history record information entered in local, state, or federal
databases shall be made to the federal Immigration and Customs Enforcement Agency of the
United States Department of Homeland Security if the person has a criminal history or warrant
record or a new criminal history or warrant record is entered in local, state, or federal
databases.
[
(b)
] 
(d)
 Upon request of the agency described in Subsection [
(4)(a)(i)
] 
(3)(c)
, the
Bureau of Criminal Identification shall inform the agency whether a person whose arrest was
reported under Subsection [
(4)(a)(i)
] 
(3)(c)
 was subsequently convicted of the charge for which
the person was arrested.
[
(5)
] 
(4)
 In addition to any fees imposed under this chapter, the division shall:
(a) impose on individuals submitting fingerprints in accordance with this section the
fees that the Bureau of Criminal Identification is authorized to collect for the services the
Bureau of Criminal Identification 
or other authorized agency
 provides under this section; and
(b) remit the fees collected under Subsection [
(5)
] 
(4)
(a) to the Bureau of Criminal
Identification.
Section 2. Section 
53-10-202
 is amended to read:
53-10-202.
Criminal identification -- Duties of bureau.
The bureau shall:
(1) procure and file information relating to identification and activities of persons who:
(a) are fugitives from justice;
(b) are wanted or missing;
(c) have been arrested for or convicted of a crime under the laws of any state or nation;
and
(d) are believed to be involved in racketeering, organized crime, or a dangerous
offense;
(2) establish a statewide uniform crime reporting system that shall include:
(a) statistics concerning general categories of criminal activities;
(b) statistics concerning crimes that exhibit evidence of prejudice based on race,
religion, ancestry, national origin, ethnicity, or other categories that the division finds
appropriate; and
(c) other statistics as required by the Federal Bureau of Investigation;
(3) make a complete and systematic record and index of the information obtained
under this part;
(4) subject to the restrictions in this part, establish policy concerning the use and
dissemination of data obtained under this part;
(5) publish an annual report concerning the extent, fluctuation, distribution, and nature
of crime in Utah;
(6) establish a statewide central register for the identification and location of missing
persons, which may include:
(a) identifying data including fingerprints of each missing person;
(b) identifying data of any missing person who is reported as missing to a law
enforcement agency having jurisdiction;
(c) dates and circumstances of any persons requesting or receiving information from
the register; and
(d) any other information, including blood types and photographs found necessary in
furthering the purposes of this part;
(7) publish a quarterly directory of missing persons for distribution to persons or
entities likely to be instrumental in the identification and location of missing persons;
(8) list the name of every missing person with the appropriate nationally maintained
missing persons lists;
(9) establish and operate a 24-hour communication network for reports of missing
persons and reports of sightings of missing persons;
(10) coordinate with the National Center for Missing and Exploited Children and other
agencies to facilitate the identification and location of missing persons and the identification of
unidentified persons and bodies;
(11) receive information regarding missing persons, as provided in Sections 
26-2-27
and 
53A-11-502
, and stolen vehicles, vessels, and outboard motors, as provided in Section
41-1a-1401
;
(12) adopt systems of identification, including the fingerprint system, to be used by the
division to facilitate law enforcement;
(13) assign a distinguishing number or mark of identification to any pistol or revolver,
as provided in Section 
76-10-520
;
(14) check certain criminal records databases for information regarding motor vehicle
salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons,
and inform the Motor Vehicle Enforcement Division when new entries are made for certain
criminal offenses for motor vehicle salespersons in accordance with the requirements of
Section 
41-3-205.5
;
(15) check certain criminal records databases for information regarding driving
privilege card applicants or cardholders and maintain a separate file of fingerprints for driving
privilege applicants and cardholders and inform the federal Immigration and Customs
Enforcement Agency of the United States Department of Homeland Security [
or law
enforcement agencies
] when new entries are made in accordance with the requirements of
Section 
53-3-205.5
.
(16) review and approve or disapprove applications for license renewal that meet the
requirements for renewal;
(17) forward to the board those applications for renewal under Subsection (16) that do
not meet the requirements for renewal; and
(18) within funds appropriated by the Legislature for the purpose, implement and
manage the operation of a firearm safety program, in conjunction with the state suicide
prevention coordinator, as described in this section and Section 
62A-15-1101
, including:
(a) coordinating with the Department of Health, local mental health and substance
abuse authorities, the State Office of Education suicide prevention coordinator, and a
representative from a Utah-based nonprofit organization with expertise in the field of firearm
use and safety that represents firearm owners, to:
(i) produce a firearm safety brochure with information about the safe handling and use
of firearms that includes:
(A) rules for safe handling, storage, and use of firearms in a home environment;
(B) information about at-risk individuals and individuals who are legally prohibited
from possessing firearms;
(C) information about suicide prevention and awareness; and
(D) information about the availability of firearm safety packets;
(ii) procure cable-style gun locks for distribution pursuant to this section; and
(iii) produce a firearm safety packet that includes both the firearm safety brochure
described in Subsection (18)(a)(i) and the cable-style gun lock described in Subsection
(18)(a)(ii);
(b) distributing, free of charge, the firearm safety packet to the following persons, who
shall make the firearm safety packet available free of charge:
(i) health care providers, including emergency rooms;
(ii) mental health practitioners;
(iii) other public health suicide prevention organizations;
(iv) entities that teach firearm safety courses; and
(v) school districts for use in the seminar, described in Section 
53A-15-1302
, for
parents of students in the school district;
(c) creating and administering a redeemable coupon program described in this section
and Section 
76-10-526
, that may include:
(i) producing a redeemable coupon that offers between $10 and $200 off the purchase
of a gun safe from a participating federally licensed firearms dealer, as defined in Section
76-10-501
, by a Utah resident who has filed an application for a concealed firearm permit;
(ii) advertising the redeemable coupon program to all federally licensed firearms
dealers and maintaining a list of dealers who wish to participate in the program;
(iii) printing or writing the name of a Utah resident who has filed an application for a
concealed firearm permit on the redeemable coupon;
(iv) mailing the redeemable coupon and the firearm safety brochure to Utah residents
who have filed an application for a concealed firearm permit; and
(v) collecting from the participating dealers receipts described in Section 
76-10-526
and reimbursing the dealers;
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
making rules that establish procedures for:
(i) producing and distributing the firearm safety brochures and packets;
(ii) procuring the cable-style gun locks for distribution; and
(iii) administering the redeemable coupon program; and
(e) reporting to the Law Enforcement and Criminal Justice Interim Committee
regarding implementation and success of the firearm safety program:
(i) during the 2016 interim, before November 1; and
(ii) during the 2018 interim, before June 1.
Section 3. 
Effective date.
This bill takes effect on July 1, 2015.
Legislative Review Note
 as of 2-10-15 4:27 PM
Office of Legislative Research and General Counsel