1 DRIVING PRIVILEGE CARD AMENDMENTS
2 2016 GENERAL SESSION3
STATE OF UTAH4
Chief Sponsor: Curtis S. Bramble
5 House Sponsor: Daniel McCay
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to driving privilege cards.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends certain requirements for obtaining a driving privilege card;
13 ▸ amends notification requirements regarding criminal history and warrants between
14 law enforcement jurisdictions; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53-3-205.5, as last amended by Laws of Utah 2015, Chapter 348
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53-3-205.5 is amended to read:
26 53-3-205.5. Fingerprint and photograph submission required for driving
27 privilege card applicants and cardholders.
28 (1) (a) Every applicant for an original driving privilege card shall submit [the following
29 with the]:
30 (i) an application to the division[:]; and
31 [(i)] (ii) fingerprints and a photograph in a sealed envelope provided by the Bureau of
32 Criminal Identification or a law enforcement agency[; and].
33 [(ii) a signed waiver from the person whose fingerprints are being registered in the
34 Federal Bureau of Investigation's Next Generation Identification system's Rap Back Service.]
35 [(b) If a person has not submitted fingerprints and a photograph to the division on or
36 after July 1, 2015, the person that renews a driving privilege card shall submit:]
37 [(i)] (b) If an applicant for a renewal of a driving privilege card has not previously
38 submitted fingerprints and a photograph to the division, the applicant shall submit fingerprints
39 and a photograph in a sealed envelope provided by the Bureau of Criminal Identification or a
40 law enforcement agency[; and].
41 [(ii) a signed waiver from the person whose fingerprints are being registered in the
42 Federal Bureau of Investigation's Next Generation Identification system's Rap Back Service.]
43 [(c) The fingerprinting and photograph submission required under this Subsection (1)
44 shall be conducted by:]
45 [(i) the Bureau of Criminal Identification; or]
46 [(ii) a] (c) The Bureau of Criminal Identification or a law enforcement agency that has
47 the capability of handling fingerprint and photograph submissions shall take the applicant's
48 fingerprints and photo for submission under Subsection (1).
49 (2) The division shall submit fingerprints for each person described in Subsection (1)
50 to the Bureau of Criminal Identification established in Section 53-10-201.
51 (3) [(a)] The Bureau of Criminal Identification shall:
52 (a) check the fingerprints submitted under Subsection (1) against the applicable state
53 and regional criminal records databases [and submit the fingerprints to national criminal
54 records databases, including the Federal Bureau of Investigation's Next Generation
55 Identification system.];
56 [(b) The Bureau of Criminal Identification shall:]
57 [(i)] (b) maintain a separate file of fingerprints submitted under Subsection (1) for
58 search by future submissions to the local, state, and regional criminal records databases,
59 including latent prints; and
60 [(ii) request that the fingerprints be retained in the Federal Bureau of Investigation's
61 Next Generation Identification system's Rap Back Service for search by future submissions to
62 national criminal records databases, including the Federal Bureau of Investigation's Next
63 Generation Identification system and latent prints; and]
64 [(iii) establish a privacy risk mitigation strategy to ensure that the entity only receives
65 notifications for individuals with whom the entity maintains an authorizing relationship.]
66 (c) [Notification] provide notice to the federal Immigration and Customs Enforcement
67 Agency of the United States Department of Homeland Security of any new or existing criminal
68 history record or new or existing [or new warrant information and any new criminal history
69 record information entered in local, state, or federal databases shall be made to the federal
70 Immigration and Customs Enforcement Agency of the United States Department of Homeland
71 Security if the person has a criminal history or warrant record or a new criminal history or
72 warrant record is entered in local, state, or federal databases] warrant information contained in
73 or entered in local, state, or regional databases.
74 [(d) Upon request of the agency described in Subsection (3)(c), the Bureau of Criminal
75 Identification shall inform the agency whether a person whose arrest was reported under
76 Subsection (3)(c) was subsequently convicted of the charge for which the person was arrested.]
77 (4) In addition to any other fees [imposed under] authorized by this chapter, the
78 division shall:
79 (a) impose on individuals submitting fingerprints in accordance with this section the
80 fees that the Bureau of Criminal Identification is authorized to collect for the services the
81 Bureau of Criminal Identification or other authorized agency provides under this section; and
82 (b) remit the fees collected under Subsection (4)(a) to the Bureau of Criminal
83 Identification.
Legislative Review Note
Office of Legislative Research and General Counsel