This document includes House Committee Amendments incorporated into the bill on Thu, Mar 2, 2017 at 1:41 PM by ryoung.
1     
DEPARTMENT OF PUBLIC SAFETY FEE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Eric K. Hutchings

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill changes fee amounts for services provided by the Department of Public Safety.
10     Highlighted Provisions:
11          This bill:
12          ▸     increases certain fees for services provided by the Driver License Division;
13          ▸     increases certain fees for services provided by the Criminal Investigation and
14     Technical Services Division; and
15          ▸     increases fees for background checks when purchasing a firearm.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53-3-105, as last amended by Laws of Utah 2014, Chapters 225, 252, and 343
23          53-10-108, as last amended by Laws of Utah 2015, Chapters 255 and 389
24          76-10-526, as last amended by Laws of Utah 2014, Chapter 226
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53-3-105 is amended to read:
28          53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
29     and identification cards.
30          The following fees apply under this chapter:
31          (1) An original class D license application under Section 53-3-205 is [$25] $35.
32          (2) An original provisional license application for a class D license under Section
33     53-3-205 is [$30] $40.
34          (3) An original application for a motorcycle endorsement under Section 53-3-205 is
35     [$9.50] $12.
36          (4) An original application for a taxicab endorsement under Section 53-3-205 is [$7]
37     $10.
38          (5) A learner permit application under Section 53-3-210.5 is [$15] $20.
39          (6) A renewal of a class D license under Section 53-3-214 is [$25] $35 unless
40     Subsection (10) applies.
41          (7) A renewal of a provisional license application for a class D license under Section
42     53-3-214 is [$25] $35.
43          (8) A renewal of a motorcycle endorsement under Section 53-3-214 is [$9.50] $12.
44          (9) A renewal of a taxicab endorsement under Section 53-3-214 is [$7] $10.
45          (10) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
46     [$13] $15.
47          (11) An extension of a class D license under Section 53-3-214 is [$20] $30 unless
48     Subsection (15) applies.
49          (12) An extension of a provisional license application for a class D license under
50     Section 53-3-214 is [$20] $30.
51          (13) An extension of a motorcycle endorsement under Section 53-3-214 is [$9.50] $12.
52          (14) An extension of a taxicab endorsement under Section 53-3-214 is [$7] $10.
53          (15) An extension of a class D license for a person 65 and older under Section
54     53-3-214 is [$11] $13.
55          (16) An original or renewal application for a commercial class A, B, or C license or an
56     original or renewal of a provisional commercial class A or B license under Part 4, Uniform
57     Commercial Driver License Act, is:
58          (a) [$40] $50 for the knowledge test; and
59          (b) [$60] $70 for the skills test.
60          (17) Each original CDL endorsement for passengers, hazardous material, double or
61     triple trailers, or tankers is [$7] $10.
62          (18) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
63     Driver License Act, is [$7] $10.
64          (19) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
65     License Act, is [$7] $10.
66          (20) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is [$20]
67     $30.
68          (b) A retake of a CDL skills test provided for in Section 53-3-205 is [$40] $50.
69          (21) A retake of a CDL endorsement test provided for in Section 53-3-205 is [$7] $10.
70          (22) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is [$18]
71     $25.
72          (23) (a) A license reinstatement application under Section 53-3-205 is [$30] $40.
73          (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
74     combination of alcohol and any drug-related offense is [$35] $45 in addition to the fee under
75     Subsection (23)(a).
76          (24) (a) An administrative fee for license reinstatement after an alcohol, drug, or
77     combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or
78     53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
79     Part 4, Uniform Commercial Driver License Act, is [$230] $250.
80          (b) This administrative fee is in addition to the fees under Subsection (23).
81          (25) (a) An administrative fee for providing the driving record of a driver under
82     Section 53-3-104 or 53-3-420 is [$6] $7.
83          (b) The division may not charge for a report furnished under Section 53-3-104 to a
84     municipal, county, state, or federal agency.
85          (26) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
86          (27) (a) Except as provided under Subsections (27)(b) and (c), an identification card
87     application under Section 53-3-808 is [$18] $25.
88          (b) An identification card application under Section 53-3-808 for a person with a
89     disability, as defined in 42 U.S.C. Sec. 12102, is $13.
90          (c) A fee may not be charged for an identification card application if the person
91     applying:
92          (i) has not been issued a Utah driver license;
93          (ii) is indigent; and
94          (iii) is at least 18 years of age.
95          (28) An extension of a regular identification card under Subsection 53-3-807(5) for a
96     person with a disability, as defined in 42 U.S.C. Sec. 12102, is $13.
97          (29) An extension of a regular identification card under Subsection 53-3-807(6) is
98     [$18] $25.
99          (30) In addition to any license application fees collected under this chapter, the division
100     shall impose on individuals submitting fingerprints in accordance with Section 53-3-205.5 the
101     fees that the Bureau of Criminal Identification is authorized to collect for the services the
102     Bureau of Criminal Identification provides under Section 53-3-205.5.
103          (31) An original mobility vehicle permit application under Section 41-6a-1118 is $25.
104          (32) A renewal of a mobility vehicle permit under Section 41-6a-1118 is $25.
105          (33) A duplicate mobility vehicle permit under Section 41-6a-1118 is $10.
106          Section 2. Section 53-10-108 is amended to read:
107          53-10-108. Restrictions on access, use, and contents of division records -- Limited
108     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
109     -- Missing children records -- Penalty for misuse of records.
110          (1) As used in this section:
111          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
112     Bureau of Investigation.
113          (b) "Rap back system" means a system that enables authorized entities to receive
114     ongoing status notifications of any criminal history reported on individuals whose fingerprints
115     are registered in the system.
116          (c) "WIN Database" means the Western Identification Network Database that consists
117     of eight western states sharing one electronic fingerprint database.
118          (2) Dissemination of information from a criminal history record or warrant of arrest
119     information from division files is limited to:
120          (a) criminal justice agencies for purposes of administration of criminal justice and for
121     employment screening by criminal justice agencies;
122          (b) noncriminal justice agencies or individuals for any purpose authorized by statute,
123     executive order, court rule, court order, or local ordinance;
124          (c) agencies or individuals for the purpose of obtaining required clearances connected
125     with foreign travel or obtaining citizenship;
126          (d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
127     agency to provide services required for the administration of criminal justice; and
128          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
129     purposes for which given, and ensure the security and confidentiality of the data;
130          (e) agencies or individuals for the purpose of a preplacement adoptive study, in
131     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
132          (f) (i) agencies and individuals as the commissioner authorizes for the express purpose
133     of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
134     agency; and
135          (ii) private security agencies through guidelines established by the commissioner for
136     employment background checks for their own employees and prospective employees;
137          (g) a qualifying entity for employment background checks for their own employees and
138     persons who have applied for employment with the qualifying entity; and
139          (h) other agencies and individuals as the commissioner authorizes and finds necessary
140     for protection of life and property and for offender identification, apprehension, and
141     prosecution pursuant to an agreement.
142          (3) An agreement under Subsection (2)(f) or (2)(h) shall specifically authorize access
143     to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
144     anonymity of individuals to whom the information relates, and ensure the confidentiality and
145     security of the data.
146          (4) (a) Before requesting information under Subsection (2)(g), a qualifying entity must
147     obtain a signed waiver from the person whose information is requested.
148          (b) The waiver must notify the signee:
149          (i) that a criminal history background check will be conducted;
150          (ii) who will see the information; and
151          (iii) how the information will be used.
152          (c) Information received by a qualifying entity under Subsection (2)(g) may only be:
153          (i) available to persons involved in the hiring or background investigation of the
154     employee; and
155          (ii) used for the purpose of assisting in making an employment or promotion decision.
156          (d) A person who disseminates or uses information obtained from the division under
157     Subsection (2)(g) for purposes other than those specified under Subsection (4)(c), in addition to
158     any penalties provided under this section, is subject to civil liability.
159          (e) A qualifying entity that obtains information under Subsection (2)(g) shall provide
160     the employee or employment applicant an opportunity to:
161          (i) review the information received as provided under Subsection (9); and
162          (ii) respond to any information received.
163          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
164     division may make rules to implement this Subsection (4).
165          (g) The division or its employees are not liable for defamation, invasion of privacy,
166     negligence, or any other claim in connection with the contents of information disseminated
167     under Subsection (2)(g).
168          (5) (a) Any criminal history record information obtained from division files may be
169     used only for the purposes for which it was provided and may not be further disseminated,
170     except under Subsection (5)(b), (c), or (d).
171          (b) A criminal history provided to an agency pursuant to Subsection (2)(e) may be
172     provided by the agency to the person who is the subject of the history, another licensed
173     child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
174     adoption.
175          (c) A criminal history of a defendant provided to a criminal justice agency under
176     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
177     upon request during the discovery process, for the purpose of establishing a defense in a
178     criminal case.
179          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
180     Transit District Act, that is under contract with a state agency to provide services may, for the
181     purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
182     the state agency or the agency's designee.
183          (6) The division may not disseminate criminal history record information to qualifying
184     entities under Subsection (2)(g) regarding employment background checks if the information is
185     related to charges:
186          (a) that have been declined for prosecution;
187          (b) that have been dismissed; or
188          (c) regarding which a person has been acquitted.
189          (7) (a) This section does not preclude the use of the division's central computing
190     facilities for the storage and retrieval of criminal history record information.
191          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
192     unauthorized agencies or individuals.
193          (8) Direct access through remote computer terminals to criminal history record
194     information in the division's files is limited to those agencies authorized by the commissioner
195     under procedures designed to prevent unauthorized access to this information.
196          (9) (a) The commissioner shall establish procedures to allow an individual right of
197     access to review and receive a copy of the individual's criminal history report.
198          (b) A processing fee for the right of access service, including obtaining a copy of the
199     individual's criminal history report under Subsection (9)(a) is Ĥ→ [$15] $20 ←Ĥ . This fee
199a     remains in effect
200     until changed by the commissioner through the process under Section 63J-1-504.
201          (c) (i) The commissioner shall establish procedures for an individual to challenge the
202     completeness and accuracy of criminal history record information contained in the division's
203     computerized criminal history files regarding that individual.
204          (ii) These procedures shall include provisions for amending any information found to
205     be inaccurate or incomplete.
206          (10) The private security agencies as provided in Subsection (2)(f)(ii):
207          (a) shall be charged for access; and
208          (b) shall be registered with the division according to rules made by the division under
209     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
210          (11) Before providing information requested under this section, the division shall give
211     priority to criminal justice agencies needs.
212          (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
213     use, disclose, or disseminate a record created, maintained, or to which access is granted by the
214     division or any information contained in a record created, maintained, or to which access is
215     granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
216     policy of a governmental entity.
217          (b) A person who discovers or becomes aware of any unauthorized use of records
218     created or maintained, or to which access is granted by the division shall inform the
219     commissioner and the director of the Utah Bureau of Criminal Identification of the
220     unauthorized use.
221          (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
222     Subsection (2)(b) may request that the division register fingerprints taken for the purpose of
223     conducting current and future criminal background checks under this section with:
224          (i) the WIN Database rap back system, or any successor system;
225          (ii) the FBI Rap Back System; or
226          (iii) a system maintained by the division.
227          (b) A qualifying entity or an entity described in Subsection (2)(b) may only make a
228     request under Subsection (13)(a) if the entity:
229          (i) has the authority through state or federal statute or federal executive order;
230          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
231     and
232          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
233     notifications for individuals with whom the entity maintains an authorizing relationship.
234          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
235     be retained in the FBI Rap Back System for the purpose of being searched by future
236     submissions to the FBI Rap Back System, including latent fingerprint searches.
237          (15) (a) (i) The applicant fingerprint card fee under Subsection (2) is [$20] $25.
238          (ii) The name check fee under Subsection (2) is [$15] $20.
239          (iii) The fee to register fingerprints under Subsection (13)(a)(i) is $5.
240          (iv) The fees described in this Subsection (15)(a) remain in effect until changed by the
241     division through the process under Section 63J-1-504.
242          (b) Funds generated under this Subsection (15) shall be deposited into the General
243     Fund as a dedicated credit by the department to cover the costs incurred in providing the
244     information.
245          (c) The division may collect fees charged by an outside agency for services required
246     under this section.
247          Section 3. Section 76-10-526 is amended to read:
248          76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
249     Exemption for concealed firearm permit holders and law enforcement officers.
250          (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
251     include a temporary permit issued under Section 53-5-705.
252          (2) (a) To establish personal identification and residence in this state for purposes of
253     this part, a dealer shall require an individual receiving a firearm to present one photo
254     identification on a form issued by a governmental agency of the state.
255          (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
256     proof of identification for the purpose of establishing personal identification and residence in
257     this state as required under this Subsection (2).
258          (3) (a) A criminal history background check is required for the sale of a firearm by a
259     licensed firearm dealer in the state.
260          (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
261     Licensee.
262          (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
263     criminal background check, on a form provided by the bureau.
264          (b) The form shall contain the following information:
265          (i) the dealer identification number;
266          (ii) the name and address of the individual receiving the firearm;
267          (iii) the date of birth, height, weight, eye color, and hair color of the individual
268     receiving the firearm; and
269          (iv) the social security number or any other identification number of the individual
270     receiving the firearm.
271          (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
272     immediately upon its receipt by the dealer.
273          (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
274     provided the bureau with the information in Subsection (4) and has received approval from the
275     bureau under Subsection (7).
276          (6) The dealer shall make a request for criminal history background information by
277     telephone or other electronic means to the bureau and shall receive approval or denial of the
278     inquiry by telephone or other electronic means.
279          (7) When the dealer calls for or requests a criminal history background check, the
280     bureau shall:
281          (a) review the criminal history files, including juvenile court records, to determine if
282     the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
283     federal law;
284          (b) inform the dealer that:
285          (i) the records indicate the individual is prohibited; or
286          (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
287          (c) provide the dealer with a unique transaction number for that inquiry; and
288          (d) provide a response to the requesting dealer during the call for a criminal
289     background check, or by return call, or other electronic means, without delay, except in case of
290     electronic failure or other circumstances beyond the control of the bureau, the bureau shall
291     advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
292     delay.
293          (8) (a) The bureau may not maintain any records of the criminal history background
294     check longer than 20 days from the date of the dealer's request, if the bureau determines that
295     the individual receiving the firearm is not prohibited from purchasing, possessing, or
296     transferring the firearm under state or federal law.
297          (b) However, the bureau shall maintain a log of requests containing the dealer's federal
298     firearms number, the transaction number, and the transaction date for a period of 12 months.
299          (9) If the criminal history background check discloses information indicating that the
300     individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
301     transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
302     where the individual resides.
303          (10) If an individual is denied the right to purchase a firearm under this section, the
304     individual may review the individual's criminal history information and may challenge or
305     amend the information as provided in Section 53-10-108.
306          (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
307     Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
308     records provided by the bureau under this part are in conformance with the requirements of the
309     Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
310          (12) (a) (i) A dealer shall collect a criminal history background check fee of [$7.50]
311     $10 for the sale of a firearm under this section.
312          (ii) This fee remains in effect until changed by the bureau through the process under
313     Section 63J-1-504.
314          (b) (i) The dealer shall forward at one time all fees collected for criminal history
315     background checks performed during the month to the bureau by the last day of the month
316     following the sale of a firearm.
317          (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
318     the cost of administering and conducting the criminal history background check program.
319          (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
320     Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
321     required in this section for the purchase of a firearm if:
322          (a) the individual presents the individual's concealed firearm permit to the dealer prior
323     to purchase of the firearm; and
324          (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
325     valid.
326          (14) A law enforcement officer, as defined in Section 53-13-103, is exempt from the
327     background check fee required in this section for the purchase of a personal firearm to be
328     carried while off-duty if the law enforcement officer verifies current employment by providing
329     a letter of good standing from the officer's commanding officer and current law enforcement
330     photo identification. This section may only be used by a law enforcement officer to purchase a
331     personal firearm once in a 24-month period.
332          (15) (a) A dealer may participate in the redeemable coupon program described in this
333     Subsection (15) and Subsection 53-10-202(18).
334          (b) A participating dealer shall:
335          (i) accept the redeemable coupon only from the individual whose name is on the
336     coupon and apply it only toward the purchase of a gun safe;
337          (ii) collect the receipts from the purchase of gun safes using the redeemable coupon
338     and send them to the Bureau of Criminal Identification for redemption; and
339          (iii) make the firearm safety brochure described in Subsection 53-10-202(18) available
340     to customers free of charge.




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