Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 129 (2016GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/17/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends certain requirements for obtaining a driving privilege card;
• amends notification requirements regarding criminal history and warrants between law enforcement jurisdictions; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVING PRIVILEGE CARD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
 Daniel McCay
LONG TITLE
General Description:
This bill amends provisions related to driving privilege cards.
Highlighted Provisions:
This bill:
▸ amends certain requirements for obtaining a driving privilege card;
▸ amends notification requirements regarding criminal history and warrants between
law enforcement jurisdictions; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-205.5
, as last amended by Laws of Utah 2015, Chapter 348
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 an original driving privilege card shall submit [
the following
with the
]
:
(i) an
 application to the division[
:
]
; and
[
(i)
] 
(ii)
 fingerprints and a photograph in a sealed envelope provided by the Bureau of
Criminal Identification or a law enforcement agency[
; 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) 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)
] 
(b) If an applicant for a renewal of a driving privilege card has not previously
submitted fingerprints and a photograph to the division, the applicant shall submit
 fingerprints
and a photograph in a sealed envelope provided by the Bureau of Criminal Identification or a
law enforcement agency[
; 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
] 
(c) The Bureau of Criminal Identification or a
 law enforcement agency that has
the capability of handling fingerprint and photograph submissions 
shall take the applicant's
fingerprints and photo for submission under Subsection (1)
.
(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) The Bureau of Criminal Identification shall:
]
[
(i)
] 
(b)
 maintain a separate file of fingerprints submitted under Subsection (1) for
search by future submissions to the local
, state,
 and regional criminal records databases,
including latent prints; 
and
[
(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
] 
provide notice to the federal Immigration and Customs Enforcement
Agency of the United States Department of Homeland Security
 of any 
new or
 existing criminal
history record or 
new 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
] 
warrant information contained in
or entered in local, state, or regional databases
.
[
(d) Upon request of the agency described in Subsection (3)(c), the Bureau of Criminal
Identification shall inform the agency whether a person whose arrest was reported under
Subsection (3)(c) was subsequently convicted of the charge for which the person was arrested.
]
(4) In addition to any 
other
 fees [
imposed under
] 
authorized by
 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 (4)(a) to the Bureau of Criminal
Identification.
Legislative Review Note
Office of Legislative Research and General Counsel