2023 Utah Code › Title 53 - Public Safety Code › Chapter 3 - Uniform Driver License Act › Part 2 - Driver Licensing Act › Section 205.5 - Fingerprint and photograph submission requirements for driving privilege card applicants and cardholders -- Approved private fingerprint vendor requests -- Division approval of a vendor.

Effective 5/3/2023
53-3-205.5.
Fingerprint and photograph submission requirements for driving privilege card applicants and cardholders -- Approved private fingerprint vendor requests -- Division approval of a vendor.
(1)
(a) Every applicant for an original driving privilege card shall submit an application to the division and, in a sealed envelope provided by the Bureau of Criminal Identification, an approved fingerprint vendor, or a law enforcement agency, either:
(i) a photograph of the applicant and the applicant's fingerprints; or
(ii) a photograph of the applicant and a confirmation form from an approved fingerprint vendor, described in Subsection (1)(c), stating that:
(A) the vendor attests that the vendor verified the photograph to be placed in the envelope is a photograph of the individual whose fingerprints were digitally taken; and
(B) the vendor attests to have electronically submitted the digital fingerprint scans of the photographed individual directly to the Bureau of Criminal Identification's fingerprint database.
(b) If an applicant for a renewal of a driving privilege card has not previously submitted the required materials listed in Subsection (1)(a) to the division, the applicant shall submit the required materials listed in Subsection (1)(a) in a sealed envelope provided by the Bureau of Criminal Identification or a law enforcement agency.
(c)
(i) The division shall create and maintain on the division's website a list of approved fingerprint vendors and each vendor's contact information.
(ii) The division shall review an approval request from a fingerprint vendor and determine whether to approve the vendor and add the vendor to the approved fingerprint vendor website list.
(iii) The division shall approve a fingerprint vendor and add the vendor to the division's website list if the vendor:
(A) uses digital fingerprint technology that can submit digital fingerprints directly to the Bureau of Criminal Identification's database;
(B) agrees to verify the identity of the individual by visually inspecting a government-issued photograph identification, as described in Subsection (1)(c)(iv), that the individual is required to present to the vendor;
(C) agrees to certify on the fingerprint confirmation form that the individual fingerprinted and the individual photographed under Subsection (1)(a)(ii) are the same individual; and
(D) agrees to place the photograph and fingerprint confirmation form inside the envelope described in Subsection (1)(a) and to seal the envelope.
(iv) A fingerprint vendor may accept a government-issued form of identification described in Subsection (1)(c)(v) for purposes of Subsection (1)(c)(iii)(B) if the identification includes the individual's name and photograph.
(v) A fingerprint vendor may accept the following photographic identifications required in Subsection (1)(c)(iv):
(A) a driver license from any state or country;
(B) an identification card from any state or country;
(C) a passport from any country;
(D) a passport card from any country;
(E) a border crossing card;
(F) a consulate card from any country;
(G) a visa;
(H) an employment authorization card;
(I) a foreign voter's registration card;
(J) a military identification card; and
(K) other forms of identification approved by the division.
(d)
(i) The Bureau of Criminal Identification, an approved fingerprint vendor, 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).
(ii) An approved fingerprint vendor shall take the applicant's fingerprints via digital fingerprint technology and electronically submit the digital fingerprint scans directly to the Bureau of Criminal Identification's database.
(2) The division shall submit fingerprints or a fingerprint confirmation form for each person described in Subsection (1) to the Bureau of Criminal Identification established in Section 53-10-201.
(3) The Bureau of Criminal Identification shall:
(a) check the fingerprints submitted under Subsection (1) against the applicable state and regional criminal records databases;
(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
(c) 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 warrant information contained in or entered in local, state, or regional databases.
(4) In addition to any other fees 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.
Amended by Chapter 454, 2023 General Session