Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 388 (2017GS)

Sponsor

Rep. Hutchings, E.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• increases certain fees for services provided by the Driver License Division;
• increases certain fees for services provided by the Criminal Investigation and Technical Services Division; and
• increases fees for background checks when purchasing a firearm.

Every vote on this bill

Bill text

DEPARTMENT OF PUBLIC SAFETY FEE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
 Daniel W. Thatcher
LONG TITLE
General Description:
This bill changes fee amounts for services provided by the Department of Public Safety.
Highlighted Provisions:
This bill:
▸ increases certain fees for services provided by the Driver License Division;
▸ increases certain fees for services provided by the Criminal Investigation and
Technical Services Division; and
▸ increases fees for background checks when purchasing a firearm.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-105
, as last amended by Laws of Utah 2014, Chapters 225, 252, and 343
53-10-108
, as last amended by Laws of Utah 2015, Chapters 255 and 389
76-10-526
, as last amended by Laws of Utah 2014, Chapter 226
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-105
 is amended to read:
53-3-105.
Fees for licenses, renewals, extensions, reinstatements, rescheduling,
and identification cards.
The following fees apply under this chapter:
(1) An original class D license application under Section 
53-3-205
 is [
$25
] 
$35
.
(2) An original provisional license application for a class D license under Section
53-3-205
 is [
$30
] 
$40
.
(3) An original application for a motorcycle endorsement under Section 
53-3-205
 is
[
$9.50
] 
$12
.
(4) An original application for a taxicab endorsement under Section 
53-3-205
 is [
$7
]
$10
.
(5) A learner permit application under Section 
53-3-210.5
 is [
$15
] 
$20
.
(6) A renewal of a class D license under Section 
53-3-214
 is [
$25
] 
$35
 unless
Subsection (10) applies.
(7) A renewal of a provisional license application for a class D license under Section
53-3-214
 is [
$25
] 
$35
.
(8) A renewal of a motorcycle endorsement under Section 
53-3-214
 is [
$9.50
] 
$12
.
(9) A renewal of a taxicab endorsement under Section 
53-3-214
 is [
$7
] 
$10
.
(10) A renewal of a class D license for a person 65 and older under Section 
53-3-214
 is
[
$13
] 
$15
.
(11) An extension of a class D license under Section 
53-3-214
 is [
$20
] 
$30
 unless
Subsection (15) applies.
(12) An extension of a provisional license application for a class D license under
Section 
53-3-214
 is [
$20
] 
$30
.
(13) An extension of a motorcycle endorsement under Section 
53-3-214
 is [
$9.50
] 
$12
.
(14) An extension of a taxicab endorsement under Section 
53-3-214
 is [
$7
] 
$10
.
(15) An extension of a class D license for a person 65 and older under Section
53-3-214
 is [
$11
] 
$13
.
(16) An original or renewal application for a commercial class A, B, or C license or an
original or renewal of a provisional commercial class A or B license under Part 4, Uniform
Commercial Driver License Act, is:
(a) [
$40
] 
$50
 for the knowledge test; and
(b) [
$60
] 
$70
 for the skills test.
(17) Each original CDL endorsement for passengers, hazardous material, double or
triple trailers, or tankers is [
$7
] 
$10
.
(18) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
Driver License Act, is [
$7
] 
$10
.
(19) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
License Act, is [
$7
] 
$10
.
(20) (a) A retake of a CDL knowledge test provided for in Section 
53-3-205
 is [
$20
]
$30
.
(b) A retake of a CDL skills test provided for in Section 
53-3-205
 is [
$40
] 
$50
.
(21) A retake of a CDL endorsement test provided for in Section 
53-3-205
 is [
$7
] 
$10
.
(22) A duplicate class A, B, C, or D license certificate under Section 
53-3-215
 is [
$18
]
$25
.
(23) (a) A license reinstatement application under Section 
53-3-205
 is [
$30
] 
$40
.
(b) A license reinstatement application under Section 
53-3-205
 for an alcohol, drug, or
combination of alcohol and any drug-related offense is [
$35
] 
$45
 in addition to the fee under
Subsection (23)(a).
(24) (a) An administrative fee for license reinstatement after an alcohol, drug, or
combination of alcohol and any drug-related offense under Section 
41-6a-520
, 
53-3-223
, or
53-3-231
 or an alcohol, drug, or combination of alcohol and any drug-related offense under
Part 4, Uniform Commercial Driver License Act, is [
$230
] 
$250
.
(b) This administrative fee is in addition to the fees under Subsection (23).
(25) (a) An administrative fee for providing the driving record of a driver under
Section 
53-3-104
 or 
53-3-420
 is [
$6
] 
$7
.
(b) The division may not charge for a report furnished under Section 
53-3-104
 to a
municipal, county, state, or federal agency.
(26) A rescheduling fee under Section 
53-3-205
 or 
53-3-407
 is $25.
(27) (a) Except as provided under Subsections (27)(b) and (c), an identification card
application under Section 
53-3-808
 is [
$18
] 
$25
.
(b) An identification card application under Section 
53-3-808
 for a person with a
disability, as defined in 42 U.S.C. Sec. 12102, is $13.
(c) A fee may not be charged for an identification card application if the person
applying:
(i) has not been issued a Utah driver license;
(ii) is indigent; and
(iii) is at least 18 years of age.
(28) An extension of a regular identification card under Subsection 
53-3-807
(5) for a
person with a disability, as defined in 42 U.S.C. Sec. 12102, is $13.
(29) An extension of a regular identification card under Subsection 
53-3-807
(6) is
[
$18
] 
$25
.
(30) In addition to any license application fees collected under this chapter, the division
shall impose on individuals submitting fingerprints in accordance with Section 
53-3-205.5
 the
fees that the Bureau of Criminal Identification is authorized to collect for the services the
Bureau of Criminal Identification provides under Section 
53-3-205.5
.
(31) An original mobility vehicle permit application under Section 
41-6a-1118
 is $25.
(32) A renewal of a mobility vehicle permit under Section 
41-6a-1118
 is $25.
(33) A duplicate mobility vehicle permit under Section 
41-6a-1118
 is $10.
Section 2. Section 
53-10-108
 is amended to read:
53-10-108.
Restrictions on access, use, and contents of division records -- Limited
use of records for employment purposes -- Challenging accuracy of records -- Usage fees
-- Missing children records -- Penalty for misuse of records.
(1) As used in this section:
(a) "FBI Rap Back System" means the rap back system maintained by the Federal
Bureau of Investigation.
(b) "Rap back system" means a system that enables authorized entities to receive
ongoing status notifications of any criminal history reported on individuals whose fingerprints
are registered in the system.
(c) "WIN Database" means the Western Identification Network Database that consists
of eight western states sharing one electronic fingerprint database.
(2) Dissemination of information from a criminal history record or warrant of arrest
information from division files is limited to:
(a) criminal justice agencies for purposes of administration of criminal justice and for
employment screening by criminal justice agencies;
(b) noncriminal justice agencies or individuals for any purpose authorized by statute,
executive order, court rule, court order, or local ordinance;
(c) agencies or individuals for the purpose of obtaining required clearances connected
with foreign travel or obtaining citizenship;
(d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
agency to provide services required for the administration of criminal justice; and
(ii) the agreement shall specifically authorize access to data, limit the use of the data to
purposes for which given, and ensure the security and confidentiality of the data;
(e) agencies or individuals for the purpose of a preplacement adoptive study, in
accordance with the requirements of Sections 
78B-6-128
 and 
78B-6-130
;
(f) (i) agencies and individuals as the commissioner authorizes for the express purpose
of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
agency; and
(ii) private security agencies through guidelines established by the commissioner for
employment background checks for their own employees and prospective employees;
(g) a qualifying entity for employment background checks for their own employees and
persons who have applied for employment with the qualifying entity; and
(h) other agencies and individuals as the commissioner authorizes and finds necessary
for protection of life and property and for offender identification, apprehension, and
prosecution pursuant to an agreement.
(3) An agreement under Subsection (2)(f) or (2)(h) shall specifically authorize access
to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
anonymity of individuals to whom the information relates, and ensure the confidentiality and
security of the data.
(4) (a) Before requesting information under Subsection (2)(g), a qualifying entity must
obtain a signed waiver from the person whose information is requested.
(b) The waiver must notify the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used.
(c) Information received by a qualifying entity under Subsection (2)(g) may only be:
(i) available to persons involved in the hiring or background investigation of the
employee; and
(ii) used for the purpose of assisting in making an employment or promotion decision.
(d) A person who disseminates or uses information obtained from the division under
Subsection (2)(g) for purposes other than those specified under Subsection (4)(c), in addition to
any penalties provided under this section, is subject to civil liability.
(e) A qualifying entity that obtains information under Subsection (2)(g) shall provide
the employee or employment applicant an opportunity to:
(i) review the information received as provided under Subsection (9); and
(ii) respond to any information received.
(f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to implement this Subsection (4).
(g) The division or its employees are not liable for defamation, invasion of privacy,
negligence, or any other claim in connection with the contents of information disseminated
under Subsection (2)(g).
(5) (a) Any criminal history record information obtained from division files may be
used only for the purposes for which it was provided and may not be further disseminated,
except under Subsection (5)(b), (c), or (d).
(b) A criminal history provided to an agency pursuant to Subsection (2)(e) may be
provided by the agency to the person who is the subject of the history, another licensed
child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
adoption.
(c) A criminal history of a defendant provided to a criminal justice agency under
Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
upon request during the discovery process, for the purpose of establishing a defense in a
criminal case.
(d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
Transit District Act, that is under contract with a state agency to provide services may, for the
purposes of complying with Subsection 
62A-5-103.5
(5), provide a criminal history record to
the state agency or the agency's designee.
(6) The division may not disseminate criminal history record information to qualifying
entities under Subsection (2)(g) regarding employment background checks if the information is
related to charges:
(a) that have been declined for prosecution;
(b) that have been dismissed; or
(c) regarding which a person has been acquitted.
(7) (a) This section does not preclude the use of the division's central computing
facilities for the storage and retrieval of criminal history record information.
(b) This information shall be stored so it cannot be modified, destroyed, or accessed by
unauthorized agencies or individuals.
(8) Direct access through remote computer terminals to criminal history record
information in the division's files is limited to those agencies authorized by the commissioner
under procedures designed to prevent unauthorized access to this information.
(9) (a) The commissioner shall establish procedures to allow an individual right of
access to review and receive a copy of the individual's criminal history report.
(b) A processing fee for the right of access service, including obtaining a copy of the
individual's criminal history report under Subsection (9)(a) is $15. This fee remains in effect
until changed by the commissioner through the process under Section 
63J-1-504
.
(c) (i) The commissioner shall establish procedures for an individual to challenge the
completeness and accuracy of criminal history record information contained in the division's
computerized criminal history files regarding that individual.
(ii) These procedures shall include provisions for amending any information found to
be inaccurate or incomplete.
(10) The private security agencies as provided in Subsection (2)(f)(ii):
(a) shall be charged for access; and
(b) shall be registered with the division according to rules made by the division under
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(11) Before providing information requested under this section, the division shall give
priority to criminal justice agencies needs.
(12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
use, disclose, or disseminate a record created, maintained, or to which access is granted by the
division or any information contained in a record created, maintained, or to which access is
granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
policy of a governmental entity.
(b) A person who discovers or becomes aware of any unauthorized use of records
created or maintained, or to which access is granted by the division shall inform the
commissioner and the director of the Utah Bureau of Criminal Identification of the
unauthorized use.
(13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
Subsection (2)(b) may request that the division register fingerprints taken for the purpose of
conducting current and future criminal background checks under this section with:
(i) the WIN Database rap back system, or any successor system;
(ii) the FBI Rap Back System; or
(iii) a system maintained by the division.
(b) A qualifying entity or an entity described in Subsection (2)(b) may only make a
request under Subsection (13)(a) if the entity:
(i) has the authority through state or federal statute or federal executive order;
(ii) obtains a signed waiver from the individual whose fingerprints are being registered;
and
(iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
notifications for individuals with whom the entity maintains an authorizing relationship.
(14) The division is authorized to submit fingerprints to the FBI Rap Back System to
be retained in the FBI Rap Back System for the purpose of being searched by future
submissions to the FBI Rap Back System, including latent fingerprint searches.
(15) (a) (i) The applicant fingerprint card fee under Subsection (2) is [
$20
] 
$25
.
(ii) The name check fee under Subsection (2) is [
$15
] 
$20
.
(iii) The fee to register fingerprints under Subsection (13)(a)(i) is $5.
(iv) The fees described in this Subsection (15)(a) remain in effect until changed by the
division through the process under Section 
63J-1-504
.
(b) Funds generated under this Subsection (15) shall be deposited into the General
Fund as a dedicated credit by the department to cover the costs incurred in providing the
information.
(c) The division may collect fees charged by an outside agency for services required
under this section.
Section 3. Section 
76-10-526
 is amended to read:
76-10-526.
Criminal background check prior to purchase of a firearm -- Fee --
Exemption for concealed firearm permit holders and law enforcement officers.
(1) For purposes of this section, "valid permit to carry a concealed firearm" does not
include a temporary permit issued under Section 
53-5-705
.
(2) (a) To establish personal identification and residence in this state for purposes of
this part, a dealer shall require an individual receiving a firearm to present one photo
identification on a form issued by a governmental agency of the state.
(b) A dealer may not accept a driving privilege card issued under Section 
53-3-207
 as
proof of identification for the purpose of establishing personal identification and residence in
this state as required under this Subsection (2).
(3) (a) A criminal history background check is required for the sale of a firearm by a
licensed firearm dealer in the state.
(b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
Licensee.
(4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
criminal background check, on a form provided by the bureau.
(b) The form shall contain the following information:
(i) the dealer identification number;
(ii) the name and address of the individual receiving the firearm;
(iii) the date of birth, height, weight, eye color, and hair color of the individual
receiving the firearm; and
(iv) the social security number or any other identification number of the individual
receiving the firearm.
(5) (a) The dealer shall send the information required by Subsection (4) to the bureau
immediately upon its receipt by the dealer.
(b) A dealer may not sell or transfer a firearm to an individual until the dealer has
provided the bureau with the information in Subsection (4) and has received approval from the
bureau under Subsection (7).
(6) The dealer shall make a request for criminal history background information by
telephone or other electronic means to the bureau and shall receive approval or denial of the
inquiry by telephone or other electronic means.
(7) When the dealer calls for or requests a criminal history background check, the
bureau shall:
(a) review the criminal history files, including juvenile court records, to determine if
the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
federal law;
(b) inform the dealer that:
(i) the records indicate the individual is prohibited; or
(ii) the individual is approved for purchasing, possessing, or transferring a firearm;
(c) provide the dealer with a unique transaction number for that inquiry; and
(d) provide a response to the requesting dealer during the call for a criminal
background check, or by return call, or other electronic means, without delay, except in case of
electronic failure or other circumstances beyond the control of the bureau, the bureau shall
advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
delay.
(8) (a) The bureau may not maintain any records of the criminal history background
check longer than 20 days from the date of the dealer's request, if the bureau determines that
the individual receiving the firearm is not prohibited from purchasing, possessing, or
transferring the firearm under state or federal law.
(b) However, the bureau shall maintain a log of requests containing the dealer's federal
firearms number, the transaction number, and the transaction date for a period of 12 months.
(9) If the criminal history background check discloses information indicating that the
individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
where the individual resides.
(10) If an individual is denied the right to purchase a firearm under this section, the
individual may review the individual's criminal history information and may challenge or
amend the information as provided in Section 
53-10-108
.
(11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
records provided by the bureau under this part are in conformance with the requirements of the
Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
(12) (a) (i) A dealer shall collect a criminal history background check fee of [
$7.50
]
$10
 for the sale of a firearm under this section.
(ii) This fee remains in effect until changed by the bureau through the process under
Section 
63J-1-504
.
(b) (i) The dealer shall forward at one time all fees collected for criminal history
background checks performed during the month to the bureau by the last day of the month
following the sale of a firearm.
(ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
the cost of administering and conducting the criminal history background check program.
(13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
required in this section for the purchase of a firearm if:
(a) the individual presents the individual's concealed firearm permit to the dealer prior
to purchase of the firearm; and
(b) the dealer verifies with the bureau that the individual's concealed firearm permit is
valid.
(14) A law enforcement officer, as defined in Section 
53-13-103
, is exempt from the
background check fee required in this section for the purchase of a personal firearm to be
carried while off-duty if the law enforcement officer verifies current employment by providing
a letter of good standing from the officer's commanding officer and current law enforcement
photo identification. This section may only be used by a law enforcement officer to purchase a
personal firearm once in a 24-month period.
(15) (a) A dealer may participate in the redeemable coupon program described in this
Subsection (15) and Subsection 
53-10-202
(18).
(b) A participating dealer shall:
(i) accept the redeemable coupon only from the individual whose name is on the
coupon and apply it only toward the purchase of a gun safe;
(ii) collect the receipts from the purchase of gun safes using the redeemable coupon
and send them to the Bureau of Criminal Identification for redemption; and
(iii) make the firearm safety brochure described in Subsection 
53-10-202
(18) available
to customers free of charge.
Legislative Review Note
Office of Legislative Research and General Counsel