1     
DRIVING PRIVILEGE CARD AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
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