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Second Substitute S.B. 72
Senator R. Mont Evans proposes to substitute the following bill:
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PUBLIC SAFETY AMENDMENTS
2
2000 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Terry R. Spencer
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AN ACT RELATING TO THE CRIMINAL CODE; CHANGING THE NAME OF THE
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BUREAU OF CRIMINAL IDENTIFICATION TO THE BUREAU OF IDENTIFICATION;
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REVISING CATEGORIES OF RESTRICTED PERSONS; ALLOWING THE BUREAU OF
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CRIMINAL IDENTIFICATION TO ACCESS JUVENILE COURT RECORDS FOR THE
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PURPOSE OF BACKGROUND CHECKS FOR FIREARM PURCHASES; PROVIDING FOR
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CONFIDENTIALITY OF INFORMATION; MAKING CONFORMING AMENDMENTS; S [
AND
] s
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MAKING TECHNICAL CHANGES. S
; AND PROVIDING AN EFFECTIVE DATE
s
12
This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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26-8a-310, as enacted by Chapter 141, Laws of Utah 1999
15
31A-16-103, as last amended by Chapter 131, Laws of Utah 1999
16
31A-23-203, as last amended by Chapter 131, Laws of Utah 1999
17
53-1-104, as last amended by Chapters 263 and 343, Laws of Utah 1998
18
53-10-201, as enacted by Chapter 263, Laws of Utah 1998
19
53-10-208, as last amended by Chapter 187 and renumbered and amended by Chapter 263,
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Laws of Utah 1998
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61-2-9, as last amended by Chapter 351, Laws of Utah 1997
22
62A-4a-202.4, as last amended by Chapter 263, Laws of Utah 1998
23
62A-12-247, as last amended by Chapter 161, Laws of Utah 1989
24
76-10-501, as last amended by Chapters 5, 97 and 366, Laws of Utah 1999
25
76-10-504, as last amended by Chapter 289, Laws of Utah 1997
26
76-10-509.6, as enacted by Chapter 10, Laws of Utah 1993, Second Special Session
27
76-10-512, as last amended by Chapter 12, Laws of Utah 1994
28
76-10-526, as last amended by Chapter 227, Laws of Utah 1999
29
78-3a-206, as last amended by Chapter 377, Laws of Utah 1999
30
78-3a-307.1, as last amended by Chapter 329, Laws of Utah 1997
31
78-3a-904, as last amended by Chapter 108, Laws of Utah 1998
32
ENACTS:
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53-10-208.1, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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76-10-503, as last amended by Chapter 97, Laws of Utah 1999
36
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
26-8a-310
is amended to read:
38
26-8a-310. Criminal background check.
39
(1) At the time of application for, or renewal of, a certificate, the department shall obtain,
40
at the applicant's expense, information from a criminal history record or warrant of arrest
41
information maintained by the Department of Public Safety pursuant to Title 53, Chapter 10, Part
42
2, Bureau of [Criminal] Identification, to determine whether the individual has been convicted of
43
a crime that bears upon his fitness to be certified or to have responsibility for the safety and
44
well-being of children, the elderly, or persons with disabilities.
45
(2) (a) An applicant who has not had residency in the state for the last five years shall
46
submit fingerprints and other identifying information.
47
(b) The department shall submit fingerprints obtained under Subsection (2)(a) to the
48
Department of Public Safety to be forwarded to the Federal Bureau of Investigation for a
49
nationwide criminal history record check to determine whether the individual has been convicted
50
of a crime that bears upon his fitness to be certified or to have responsibility for the safety and
51
well-being of children, the elderly, or persons with disabilities.
52
(3) Information obtained pursuant to Subsections (1) and (2) may be used to:
53
(a) withhold certification or renewal;
54
(b) commence or substantiate disciplinary action under Section
26-8a-503
;
55
(c) enforce the provisions of this chapter; and
56
(d) notify the individual's employer as necessary to protect the public.
57
Section 2.
Section
31A-16-103
is amended to read:
58
31A-16-103. Acquisition of control of or merger with domestic insurer -- Required
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filings -- Content of statement -- Alternative filing materials -- Criminal background
60
information -- Approval by commissioner -- Dissenting shareholders -- Violations --
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Jurisdiction, consent to service of process.
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(1) (a) A person may not take the actions described in Subsections (1)(b) or (c) unless, at
63
the time any offer, request, or invitation is made or any such agreement is entered into, or prior to
64
the acquisition of securities if no offer or agreement is involved:
65
(i) the person files with the commissioner a statement containing the information required
66
by this section;
67
(ii) the person provides a copy of the statement described in Subsection (1)(a)(i) to the
68
insurer; and
69
(iii) the commissioner approves the offer, request, invitation, agreement or acquisition.
70
(b) Unless the person complies with Subsection (1)(a), a person other than the issuer may
71
not make a tender offer for, a request or invitation for tenders of, or enter into any agreement to
72
exchange securities, or seek to acquire or acquire in the open market or otherwise, any voting
73
security of a domestic insurer if after the acquisition, the person would directly, indirectly, by
74
conversion, or by exercise of any right to acquire be in control of the insurer.
75
(c) Unless the person complies with Subsection (1)(a), a person may not enter into an
76
agreement to merge with or otherwise to acquire control of a domestic insurer or any person
77
controlling a domestic insurer.
78
(d) (i) For purposes of this section a domestic insurer includes any person controlling a
79
domestic insurer unless the person as determined by the commissioner is either directly or through
80
its affiliates primarily engaged in business other than the business of insurance.
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(ii) The controlling person described in Subsection (1)(d)(i) shall file with the
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commissioner a preacquisition notification containing the information required in Subsection (2)
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30 calendar days before the proposed effective date of the acquisition.
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(iii) For the purposes of this section, "person" does not include any securities broker
85
holding less than 20% of the voting securities of an insurance company or of any person that
86
controls an insurance company in the usual and customary brokers function.
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(iv) This section applies to all domestic insurers and other entities licensed under Chapters
88
5, 7, 8, 9, and 11.
89
(e) (i) An agreement for acquisition of control or merger as contemplated by this
90
Subsection (1) is not valid or enforceable unless the agreement:
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(A) is in writing; and
92
(B) includes a provision that the agreement is subject to the approval of the commissioner
93
upon the filing of any applicable statement required under this chapter.
94
(ii) A written agreement for acquisition or control that includes the provision described
95
in Subsection (1)(e)(i) satisfies the requirements of this Subsection (1).
96
(2) The statement to be filed with the commissioner under Subsection (1) shall be made
97
under oath or affirmation and shall contain the following information:
98
(a) the name and address of the "acquiring party," which means each person by whom or
99
on whose behalf the merger or other acquisition of control referred to in Subsection (1) is to be
100
effected; and
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(i) if the person is an individual:
102
(A) the person's principal occupation;
103
(B) a listing of all offices and positions held by the person during the past five years; and
104
(C) any conviction of crimes other than minor traffic violations during the past ten years;
105
and
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(ii) if the person is not an individual:
107
(A) a report of the nature of its business operations during the past five years or for any
108
lesser period as the person and any of its predecessors has been in existence;
109
(B) an informative description of the business intended to be done by the person and the
110
person's subsidiaries;
111
(C) a list of all individuals who are or who have been selected to become directors or
112
executive officers of the person, or individuals who perform, or who will perform functions
113
appropriate to such positions; and
114
(D) for each individual described in Subsection (2)(a)(ii)(C), the information required by
115
Subsection (2)(a)(i)(A) for each individual;
116
(b) (i) the source, nature, and amount of the consideration used or to be used in effecting
117
the merger or acquisition of control;
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(ii) a description of any transaction in which funds were or are to be obtained for that
119
purpose of effecting the merger or acquisition of control, including any pledge of the insurer's
120
stock or the stock of any of its subsidiaries or controlling affiliates; and
121
(iii) the identity of persons furnishing the consideration;
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(c) fully audited financial information, or other financial information considered
123
acceptable by the commissioner, of the earnings and financial condition of each acquiring party
124
for the preceding five fiscal years of each acquiring party, or for any lesser period the acquiring
125
party and any of its predecessors shall have been in existence, and similar unaudited information
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prepared within the 90 days prior to the filing of the statement;
127
(d) any plans or proposals which each acquiring party may have to:
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(i) liquidate the insurer;
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(ii) sell its assets;
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(iii) merge or consolidate the insurer with any person; or
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(iv) make any other material change in the insurer's business, corporate structure, or
132
management;
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(e) (i) the number of shares of any security referred to in Subsection (1) that each acquiring
134
party proposes to acquire;
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(ii) the terms of the offer, request, invitation, agreement, or acquisition referred to in
136
Subsection (1); and
137
(iii) a statement as to the method by which the fairness of the proposal was arrived at;
138
(f) the amount of each class of any security referred to in Subsection (1) that:
139
(i) is beneficially owned; or
140
(ii) concerning which there is a right to acquire beneficial ownership by each acquiring
141
party;
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(g) a full description of any contract, arrangement, or understanding with respect to any
143
security referred to in Subsection (1) in which any acquiring party is involved, including:
144
(i) the transfer of any of the securities;
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(ii) joint ventures;
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(iii) loan or option arrangements;
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(iv) puts or calls;
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(v) guarantees of loans;
149
(vi) guarantees against loss or guarantees of profits;
150
(vii) division of losses or profits; or
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(viii) the giving or withholding of proxies;
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(h) a description of the purchase by any acquiring party of any security referred to in
153
Subsection (1) during the 12 calendar months preceding the filing of the statement including:
154
(i) the dates of purchase;
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(ii) the names of the purchasers; and
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(iii) the consideration paid or agreed to be paid for the purchase;
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(i) a description of any recommendations to purchase by any acquiring party any security
158
referred to in Subsection (1) made during the 12 calendar months preceding the filing of the
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statement or any recommendations made by anyone based upon interviews or at the suggestion of
160
the acquiring party;
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(j) (i) copies of all tender offers for, requests for, or invitations for tenders of, exchange
162
offers for, and agreements to acquire or exchange any securities referred to in Subsection (1); and
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(ii) if distributed, copies of additional soliciting material relating to the transactions
164
described in Subsection (2)(j)(i);
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(k) (i) the term of any agreement, contract, or understanding made with, or proposed to be
166
made with, any broker-dealer as to solicitation of securities referred to in Subsection (1) for tender;
167
and
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(ii) the amount of any fees, commissions, or other compensation to be paid to
169
broker-dealers with regard to any agreement, contract, or understanding described in Subsection
170
(2)(k)(i); and
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(l) any additional information the commissioner requires by rule, which the commissioner
172
determines to be:
173
(i) necessary or appropriate for the protection of policyholders of the insurer; or
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(ii) in the public interest.
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(3) The department may request:
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(a) (i) criminal background information maintained pursuant to Title 53, Chapter 10, Part
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2, from the Bureau of [Criminal] Identification; and
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(ii) complete Federal Bureau of Investigation criminal background checks through the
179
national criminal history system.
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(b) Information obtained by the department from the review of criminal history records
181
received under Subsection (3)(a) shall be used by the department for the purpose of:
182
(i) verifying the information in Subsection (2)(a)(i);
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(ii) determining the integrity of persons who would control the operation of an insurer; and
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(iii) preventing persons who violate 18 U.S.C. Sections 1033 and 1034 from engaging in
185
the business of insurance in the state.
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(c) If the department requests the criminal background information, the department shall:
187
(i) pay to the Department of Public Safety the costs incurred by the Department of Public
188
Safety in providing the department criminal background information under Subsection (3)(a)(i);
189
(ii) pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau of
190
Investigation in providing the department criminal background information under Subsection
191
(3)(a)(ii); and
192
(iii) charge the person required to file the statement referred to in Subsection (1) a fee
193
equal to the aggregate of Subsections (3)(c)(i) and (ii).
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(4) (a) If the source of the consideration under Subsection (2)(b)(i) is a loan made in the
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lender's ordinary course of business, the identity of the lender shall remain confidential, if the
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person filing the statement so requests.
197
(b) Under Subsection (2)(e), the commissioner may require a statement of the adjusted
198
book value assigned by the acquiring party to each security in arriving at the terms of the offer,
199
with "adjusted book value" meaning each security's proportional interest in the capital and surplus
200
of the insurer with adjustments that:
201
(i) reflect market conditions;
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(ii) business in force; and
203
(iii) other intangible assets or liabilities of the insurer.
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(c) The description required by Subsection (2)(g) shall identify the persons with whom the
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contracts, arrangements, or understandings have been entered into.
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(5) (a) If the person required to file the statement referred to in Subsection (1) is a
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partnership, limited partnership, syndicate, or other group, the commissioner may require that all
208
the information called for by Subsections (2), (3), or (4) shall be given with respect to each:
209
(i) partner of the partnership or limited partnership;
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(ii) member of the syndicate or group; and
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(iii) person who controls the partner or member.
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(b) If any partner, member, or person referred to in Subsection (5)(a) is a corporation, or
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if the person required to file the statement referred to in Subsection (1) is a corporation, the
214
commissioner may require that the information called for by Subsection (2) shall be given with
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respect to:
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(i) the corporation;
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(ii) each officer and director of the corporation; and
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(iii) each person who is directly or indirectly the beneficial owner of more than 10% of the
219
outstanding voting securities of the corporation.
220
(6) If any material change occurs in the facts set forth in the statement filed with the
221
commissioner and sent to the insurer pursuant to Subsection (2), an amendment setting forth the
222
change, together with copies of all documents and other material relevant to the change, shall be
223
filed with the commissioner and sent to the insurer within two business days after the filing person
224
learns of such change.
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(7) If any offer, request, invitation, agreement, or acquisition referred to in Subsection (1)
226
is proposed to be made by means of a registration statement under the Securities Act of 1933, or
227
under circumstances requiring the disclosure of similar information under the Securities Exchange
228
Act of 1934, or under a state law requiring similar registration or disclosure, a person required to
229
file the statement referred to in Subsection (1) may use copies of any registration or disclosure
230
documents in furnishing the information called for by the statement.
231
(8) (a) The commissioner shall approve any merger or other acquisition of control referred
232
to in Subsection (1) unless, after a public hearing on the merger or acquisition, the commissioner
233
finds that:
234
(i) after the change of control, the domestic insurer referred to in Subsection (1) would not
235
be able to satisfy the requirements for the issuance of a license to write the line or lines of
236
insurance for which it is presently licensed;
237
(ii) the effect of the merger or other acquisition of control would substantially lessen
238
competition in insurance in this state or tend to create a monopoly in insurance;
239
(iii) the financial condition of any acquiring party might:
240
(A) jeopardize the financial stability of the insurer; or
241
(B) prejudice the interest of:
242
(I) its policyholders; or
243
(II) any remaining securityholders who are unaffiliated with the acquiring party;
244
(iv) the terms of the offer, request, invitation, agreement, or acquisition referred to in
245
Subsection (1) are unfair and unreasonable to the securityholders of the insurer;
246
(v) the plans or proposals which the acquiring party has to liquidate the insurer, sell its
247
assets, or consolidate or merge it with any person, or to make any other material change in its
248
business or corporate structure or management, are:
249
(A) unfair and unreasonable to policyholders of the insurer; and
250
(B) not in the public interest; or
251
(vi) the competence, experience, and integrity of those persons who would control the
252
operation of the insurer are such that it would not be in the interest of the policyholders of the
253
insurer and the public to permit the merger or other acquisition of control.
254
(b) For purposes of Subsection (8)(a)(iv), the offering price for each security may not be
255
considered unfair if the adjusted book values under Subsection (2)(e):
256
(i) are disclosed to the securityholders; and
257
(ii) determined by the commissioner to be reasonable.
258
(9) (a) The public hearing referred to in Subsection (8) shall be held within 30 days after
259
the statement required by Subsection (1) is filed.
260
(b) (i) At least 20 days notice of the hearing shall be given by the commissioner to the
261
person filing the statement.
262
(ii) Affected parties may waive the notice required by this Subsection (9)(b).
263
(iii) Not less than seven days notice of the public hearing shall be given by the person
264
filing the statement to:
265
(A) the insurer; and
266
(B) any person designated by the commissioner.
267
(c) The commissioner shall make a determination within 30 days after the conclusion of
268
the hearing.
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(d) At the hearing, the person filing the statement, the insurer, any person to whom notice
270
of hearing was sent, and any other person whose interest may be affected by the hearing may:
271
(i) present evidence;
272
(ii) examine and cross-examine witnesses; and
273
(iii) offer oral and written arguments.
274
(e) (i) A person or insurer described in Subsection (9)(d) may conduct discovery
275
proceedings in the same manner as is presently allowed in the district courts of this state.
276
(ii) All discovery proceedings shall be concluded not later than three days before the
277
commencement of the public hearing.
278
(10) At the acquiring person's expense and consent, the commissioner may retain any
279
attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff,
280
which are reasonably necessary to assist the commissioner in reviewing the proposed acquisition
281
of control.
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(11) (a) (i) If a domestic insurer proposes to merge into another insurer, any securityholder
283
electing to exercise a right of dissent may file with the insurer a written request for payment of the
284
adjusted book value given in the statement required by Subsection (1) and approved under
285
Subsection (8), in return for the surrender of the security holder's securities.
286
(ii) The request described in Subsection (11)(a)(i) shall be filed not later than ten days after
287
the day of the securityholders' meeting where the corporate action is approved.
288
(b) The dissenting securityholder is entitled to and the insurer is required to pay to the
289
dissenting securityholder the specified value within 60 days of receipt of the dissenting security
290
holder's security.
291
(c) Persons electing under this Subsection (11) to receive cash for their securities waive
292
the dissenting shareholder and appraisal rights otherwise applicable under Title 16, Chapter 10a,
293
Part 13, Dissenters' Rights.
294
(d) (i) This Subsection(11) provides an elective procedure for dissenting securityholders
295
to resolve their objections to the plan of merger.
296
(ii) This section does not restrict the rights of dissenting securityholders under Title 16,
297
Chapter 10a, Utah Revised Business Corporation Act, unless this election is made under this
298
Subsection (11).
299
(12) (a) All statements, amendments, or other material filed under Subsection (1), and all
300
notices of public hearings held under Subsection (8), shall be mailed by the insurer to its
301
securityholders within five business days after the insurer has received the statements,
302
amendments, other material, or notices.
303
(b) Mailing expenses shall be paid by the person making the filing. As security for the
304
payment of these expenses, that person shall file with the commissioner an acceptable bond or
305
other deposit in an amount determined by the commissioner.
306
(13) This section does not apply to any offer, request, invitation, agreement, or acquisition
307
that the commissioner by order exempts from the requirements of this section as:
308
(a) not having been made or entered into for the purpose of, and not having the effect of,
309
changing or influencing the control of a domestic insurer; or
310
(b) as otherwise not comprehended within the purposes of this section.
311
(14) The following are violations of this section:
312
(a) the failure to file any statement, amendment, or other material required to be filed
313
pursuant to Subsections (1), (2), and (5); or
314
(b) the effectuation, or any attempt to effectuate, an acquisition of control of or merger
315
with a domestic insurer unless the commissioner has given the commissioner's approval to the
316
acquisition or merger.
317
(15) (a) The courts of this state are vested with jurisdiction over:
318
(i) a person who:
319
(A) files a statement with the commissioner under this section; and
320
(B) is not resident, domiciled, or authorized to do business in this state; and
321
(ii) overall actions involving persons described in Subsection (15)(a)(i) arising out of a
322
violation of this section.
323
(b) A person described in Subsection (15)(a) is considered to have performed acts
324
equivalent to and constituting an appointment of the commissioner by that person, to be that
325
person's lawful attorney upon whom may be served all lawful process in any action, suit, or
326
proceeding arising out of a violation of this section.
327
(c) A copy of a lawful process described in Subsection (15)(b) shall be:
328
(i) served on the commissioner; and
329
(ii) transmitted by registered or certified mail by the commissioner to the person at that
330
person's last-known address.
331
Section 3.
Section
31A-23-203
is amended to read:
332
31A-23-203. General requirements for license issuance and renewal.
333
(1) The commissioner shall issue or renew a license to act as an agent, broker, or
334
consultant to any person who, as to the license classification applied for under Section
335
31A-23-204
:
336
(a) has satisfied the character requirements under Section
31A-23-205
;
337
(b) has satisfied any applicable continuing education requirements under Section
338
31A-23-206
;
339
(c) has satisfied any applicable examination requirements under Section
31A-23-207
;
340
(d) has satisfied any applicable training period requirements under Section
31A-23-208
;
341
(e) if a nonresident:
342
(i) has complied with Section
31A-23-209
; and
343
(ii) holds an active similar license in that person's state of residence;
344
(f) as to applicants for licenses to act as title insurance agents, has satisfied the
345
requirements of Section
31A-23-211
; and
346
(g) has paid the applicable fees under Section
31A-3-103
.
347
(2) (a) The department may request:
348
(i) criminal background information maintained pursuant to Title 53, Chapter 10, Part 2,
349
from the Bureau of [Criminal] Identification; and
350
(ii) complete Federal Bureau of Investigation criminal background checks through the
351
national criminal history system.
352
(b) Information obtained by the department from the review of criminal history records
353
received under Subsection (2)(a) shall be used by the department for the purposes of:
354
(i) determining if a person satisfies the character requirements under Section
31A-23-205
355
for issuance or renewal of a license;
356
(ii) determining if a person has failed to maintain the character requirements under Section
357
31A-23-205
; and
358
(iii) preventing persons who violate the federal Violent Crime Control and Law
359
Enforcement Act of 1994, 18 U.S.C. Secs. 1033 and 1034, from engaging in the business of
360
insurance in the state.
361
(c) If the department requests the criminal background information, the department shall:
362
(i) pay to the Department of Public Safety the costs incurred by the Department of Public
363
Safety in providing the department criminal background information under Subsection (2)(a)(i);
364
(ii) pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau of
365
Investigation in providing the department criminal background information under
366
Subsection(2)(a)(ii); and
367
(iii) charge the person applying for a license or for renewal of a license a fee equal to the
368
aggregate of Subsections (2)(c)(i) and (ii).
369
Section 4.
Section
53-1-104
is amended to read:
370
53-1-104. Boards, bureaus, councils, divisions, and offices.
371
(1) The following are the policymaking boards within the department:
372
(a) the Driver License Medical Advisory Board, created in Section
53-3-303
;
373
(b) the Concealed Weapon Review Board, created in Section
53-5-703
;
374
(c) the Utah Fire Prevention Board, created in Section
53-7-203
;
375
(d) the Liquified Petroleum Gas Board, created in Section
53-7-304
; and
376
(e) the Private Investigator Hearing and Licensure Board, created in Section
53-9-104
.
377
(2) The following are the councils within the department:
378
(a) the Peace Officer Standards and Training Council, created in Section
53-6-106
; and
379
(b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
53-8-203
.
380
(3) The following are the divisions within the department:
381
(a) the Administrative Services Division, created in Section
53-1-203
;
382
(b) the Management Information Services Division, created in Section
53-1-303
;
383
(c) the Comprehensive Emergency Management Division, created in Section
53-2-103
;
384
(d) the Driver License Division, created in Section
53-3-103
;
385
(e) the Criminal Investigations and Technical Services Division, created in Section
386
53-10-103
;
387
(f) the Peace Officers Standards and Training Division, created in Section
53-6-103
;
388
(g) the State Fire Marshal Division, created in Section
53-7-103
; and
389
(h) the Utah Highway Patrol Division, created in Section
53-8-103
.
390
(4) The Office of Executive Protection is created in Section
53-1-112
.
391
(5) The following are bureaus within the department:
392
(a) Bureau of [Criminal] Identification, created in Section
53-10-201
;
393
(b) Criminal Investigations Bureau, created in Section
53-10-301
;
394
(c) Bureau of Forensic Services, created in Section
53-10-401
; and
395
(d) Bureau of Communications, created in Section
53-10-501
.
396
(6) The State Olympic Public Safety Command is created within the department by Section
397
53-12-201
.
398
Section 5.
Section
53-10-201
is amended to read:
399
53-10-201. Bureau of Identification -- Creation -- Bureau Chief appointment,
400
qualifications, and compensation.
401
(1) There is created within the division the Bureau of [Criminal] Identification.
402
(2) The bureau shall be administered by a bureau chief appointed by the division director
403
with the approval of the commissioner.
404
(3) The bureau chief shall be experienced in administration and possess additional
405
qualifications as determined by the commissioner or division director and as provided by law.
406
(4) The bureau chief acts under the supervision and control of the division director and
407
may be removed from his position at the will of the commissioner.
408
(5) The bureau chief shall receive compensation as provided by Title 67, Chapter 19, Utah
409
State Personnel Management Act.
410
Section 6.
Section
53-10-208
is amended to read:
411
53-10-208. Definition -- Offenses included on statewide warrant system --
412
Transportation fee to be included -- Statewide warrant system responsibility -- Quality
413
control -- Training -- Technical support -- Transaction costs.
414
(1) "Statewide warrant system" means the portion of the state court computer system that
415
is accessible by modem from the state mainframe computer and contains:
416
(a) records of criminal warrant information; and
417
(b) after notice and hearing, records of protective orders issued pursuant to:
418
(i) Title 30, Chapter 6, Cohabitant Abuse Act; or
419
(ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
420
[(2) Every magistrate or clerk of a court responsible for court records in this state shall
421
furnish the division with information pertaining to:]
422
[(a) all dispositions of criminal matters, including guilty pleas, convictions, dismissals,
423
acquittals, pleas held in abeyance, or probations granted, within 30 days of the disposition and on
424
forms and in the manner provided by the division;]
425
[(b) the issuance, recall, cancellation, or modification of all warrants of arrest or
426
commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section
78-32-4
, within
427
one day of the action and in a manner provided by the division; and]
428
[(c) protective orders issued after notice and hearing, pursuant to:]
429
[(i) Title 30, Chapter 6, Cohabitant Abuse Act; or ]
430
[(ii) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.]
431
[(3)] (2) (a) (i) The division shall include on the statewide warrant system all warrants
432
issued for felony offenses and class A, B, and C misdemeanor offenses in the state.
433
(ii) For each offense the division shall indicate whether the magistrate ordered under
434
Section
77-7-5
and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.
435
(b) Infractions shall not be included on the statewide warrant system, including any
436
subsequent failure to appear warrants issued on an infraction.
437
[(4)] (3) The division is the agency responsible for the statewide warrant system and shall:
438
(a) ensure quality control of all warrants of arrest or commitment and protective orders
439
contained in the statewide warrant system by conducting regular validation checks with every clerk
440
of a court responsible for entering the information on the system;
441
(b) upon the expiration of the protective orders and in the manner prescribed by the
442
division, purge information regarding protective orders described in Subsection [(2)(c)]
443
53-10-208.1
(4) within 30 days of the time after expiration;
444
(c) establish system procedures and provide training to all criminal justice agencies having
445
access to information contained on the state warrant system;
446
(d) provide technical support, program development, and systems maintenance for the
447
operation of the system; and
448
(e) pay data processing and transaction costs for state, county, and city law enforcement
449
agencies and criminal justice agencies having access to information contained on the state warrant
450
system.
451
[(5)] (4) (a) Any data processing or transaction costs not funded by legislative
452
appropriation shall be paid on a pro rata basis by all agencies using the system during the fiscal
453
year.
454
(b) This Subsection (4) supersedes any conflicting provision in Subsection [(4)](3)(e).
455
Section 7.
Section
53-10-208.1
is enacted to read:
456
53-10-208.1. Magistrates and court clerks to supply information.
457
Every magistrate or clerk of a court responsible for court records in this state shall, within
458
30 days of the disposition and on forms and in the manner provided by the division, furnish the
459
division with information pertaining to:
460
(1) all dispositions of criminal matters, including:
461
(a) guilty pleas;
462
(b) convictions;
463
(c) dismissals;
464
(d) acquittals;
465
(e) pleas held in abeyance;
466
(f) judgments of not guilty by reason of insanity S
FOR A FELONY OFFENSE
s ;
467
S [
(g) judgments of guilty and mentally ill;
]
468
[
(h)
]
(g)
s findings of mental incompetence to stand trial S
FOR A FELONY OFFENSE
s ; or
469
S [
(i)
]
(h)
s probations granted;
470
(2) S
CURRENT
s orders of civil commitment under the terms of Section
62A-12-234
;
471
(3) the issuance, recall, cancellation, or modification of all warrants of arrest or
472
commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section
78-32-4
, within
473
one day of the action and in a manner provided by the division; and
474
(4) protective orders issued after notice and hearing, pursuant to:
475
(a) Title 30, Chapter 6, Cohabitant Abuse Act; or
476
(b) Title 77, Chapter 36, Cohabitant Abuse Procedures Act.
477
Section 8.
Section
61-2-9
is amended to read:
478
61-2-9. Examination and license fees -- Renewal of licenses -- Education
479
requirements -- Activation of inactive licenses -- Recertification -- Licenses of firm,
480
partnership, or association -- Miscellaneous fees.
481
(1) (a) Upon filing an application for a principal broker, associate broker, or sales agent
482
license examination, the applicant shall pay a nonrefundable fee as determined by the commission
483
with the concurrence of the division under Section
63-38-3.2
for admission to the examination.
484
(b) A principal broker, associate broker, or sales agent applicant shall pay a nonrefundable
485
fee as determined by the commission with the concurrence of the division under Section
63-38-3.2
486
for issuance of an initial license or license renewal.
487
(c) Each license issued under this subsection shall be issued for a period of not less than
488
two years as determined by the division with the concurrence of the commission.
489
(d) (i) Any new sales agent applicant shall submit fingerprint cards in a form acceptable
490
to the division at the time the license application is filed and shall consent to a fingerprint
491
background check by the Utah Bureau of [Criminal] Identification and the Federal Bureau of
492
Investigation regarding the application.
493
(ii) The division shall request the Department of Public Safety to complete a Federal
494
Bureau of Investigation criminal background check for each new sales agent applicant through the
495
national criminal history system (NCIC) or any successor system.
496
(iii) The cost of the background check and the fingerprinting shall be borne by the
497
applicant.
498
(e) (i) Any new sales agent license issued under this section shall be conditional, pending
499
completion of the criminal background check. If the criminal background check discloses the
500
applicant has failed to accurately disclose a criminal history, the license shall be immediately and
501
automatically revoked.
502
(ii) Any person whose conditional license has been revoked under Subsection (e)(i) shall
503
be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be
504
conducted in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
505
(2) (a) A license expires if it is not renewed on or before its expiration date. Effective
506
January 1, 1992, as a condition of renewal, each active licensee shall demonstrate competence by
507
viewing an approved real estate education video program and completing a supplementary
508
workbook, or complete 12 hours of professional education approved by the division and
509
commission within each two-year renewal period. The division with the concurrence of the
510
commission shall certify education which may include, but shall not be limited to, state
511
conventions, home study courses, video courses, and closed circuit television courses. The
512
commission with concurrence of the division may exempt a licensee from this education
513
requirement for a period not to exceed four years upon a finding of reasonable cause and under
514
conditions established by rule.
515
(b) For a period of 30 days after the expiration date, a license may be reinstated upon
516
payment of a renewal fee and a late fee determined by the commission with the concurrence of the
517
division under Section
63-38-3.2
and upon providing proof acceptable to the division and the
518
commission of the licensee having completed the hours of education or demonstrated competence
519
as required under Subsection (2)(a).
520
(c) After this 30-day period, and until six months after the expiration date, the license may
521
be reinstated by:
522
(i) paying a renewal fee and a late fee determined by the commission with the concurrence
523
of the division under Section
63-38-3.2
;
524
(ii) providing to the division proof of satisfactory completion of the applicable hours of
525
prelicensing education required under Section
61-2-6
, which must be completed within six months
526
prior to reinstatement, or providing to the division evidence of successful completion of the
527
respective sales agent or broker licensing examination within six months prior to reinstatement;
528
and
529
(iii) providing proof acceptable to the division and the commission of the licensee having
530
completed the hours of education or demonstrated competence as required under Subsection (2)(a).
531
(d) A person who does not renew his license within six months after the expiration date
532
shall be relicensed as prescribed for an original application.
533
(3) As a condition for the activation of an inactive license, a licensee shall supply the
534
division with proof of:
535
(a) successful completion of the respective sales agent or broker licensing examination
536
within six months prior to activation; or
537
(b) the successful completion of the number of hours of continuing education that the
538
licensee would have been required to complete under Subsection (2)(a) if the licensee's license had
539
been on active status, up to the number of hours required for original licensure. Credit shall be
540
given only for education that has been taken within the five years preceding activation, except that
541
at least 12 hours of the education must have been taken within 12 months preceding activation.
542
(4) A principal broker license may be granted to a corporation, partnership, or association
543
if the corporation, partnership, or association has affiliated with it an individual who has qualified
544
as a principal broker under the terms of this chapter, and who serves in the capacity of a principal
545
broker. Application for the license shall be made in accordance with the rules adopted by the
546
division with the concurrence of the commission.
547
(5) The division may charge and collect reasonable fees determined by the commission
548
with the concurrence of the division under Section
63-38-3.2
to cover the costs for:
549
(a) issuance of a new or duplicate license;
550
(b) license histories or certifications;
551
(c) certified copies of official documents, orders, and other papers and transcripts;
552
(d) certifying real estate schools, courses, and instructors, the fees for which shall,
553
notwithstanding Section
13-1-2
, be deposited in the Real Estate Education, Research, and
554
Recovery Fund; and
555
(e) other duties required by this chapter.
556
(6) If a licensee submits or causes to be submitted a check, draft, or other negotiable
557
instrument to the division for payment of fees, and the check, draft, or other negotiable instrument
558
is dishonored, the transaction for which the payment was submitted is void and will be reversed
559
by the division if payment of the applicable fee is not received in full.
560
(7) The fees under this chapter and the additional license fee for the Real Estate Education,
561
Research, and Recovery Fund under Section
61-2a-4
are in lieu of all other license fees or
562
assessments that might otherwise be imposed or charged by the state or any of its political
563
subdivisions, upon, or as a condition of, the privilege of conducting the business regulated by this
564
chapter, except that a political subdivision within the state may charge a business license fee if the
565
licensee maintains a place of business within the jurisdiction of the political subdivision. Unless
566
otherwise exempt, each licensee under this chapter is subject to all taxes imposed under Title 59,
567
Revenue and Taxation.
568
Section 9.
Section
62A-4a-202.4
is amended to read:
569
62A-4a-202.4. Access to criminal background information.
570
(1) For purposes of background screening and investigation of child abuse under this
571
chapter and Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings, the
572
division shall have direct access to criminal background information maintained pursuant to Title
573
53, Chapter 10, Part 2, Bureau of [Criminal] Identification.
574
(2) The division and the Office of the Guardian Ad Litem Director are also authorized to
575
request the Department of Public Safety to conduct a complete Federal Bureau of Investigation
576
criminal background check through the national criminal history system (NCIC).
577
Section 10.
Section
62A-12-247
is amended to read:
578
62A-12-247. Confidentiality of information and records -- Exceptions -- Penalty.
579
(1) All certificates, applications, records, and reports made for the purpose of this part,
580
including those made on judicial proceedings for involuntary commitment, that directly or
581
indirectly identify a patient or former patient or an individual whose commitment has been sought
582
under this part, shall be kept confidential and may not be disclosed by any person except insofar
583
as:
584
(a) the individual identified or his legal guardian, if any, or, if a minor, his parent or legal
585
guardian shall consent;
586
(b) disclosure may be necessary to carry out [any of] the provisions of:
587
(i) this part; or
588
(ii) Section
53-10-208.1
; or
589
(c) a court may direct, upon its determination that disclosure is necessary for the conduct
590
of proceedings before it, and that failure to make the disclosure would be contrary to the public
591
interest.
592
(2) A person who [violates any provision of] knowingly or intentionally discloses any
593
information not authorized by this section is guilty of a class B misdemeanor.
594
Section 11.
Section
76-10-501
is amended to read:
595
76-10-501. Definitions.
596
As used in this part:
597
(1) (a) "Concealed dangerous weapon" means a dangerous weapon that is covered, hidden,
598
or secreted in a manner that the public would not be aware of its presence and is readily accessible
599
for immediate use.
600
(b) A dangerous weapon shall not be considered a concealed dangerous weapon if it is a
601
firearm which is unloaded and is securely encased.
602
[(2) "Crime of violence" means aggravated murder, murder, manslaughter, rape, mayhem,
603
kidnapping, robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of
604
violence, assault with a dangerous weapon, assault with intent to commit any offense punishable
605
by imprisonment for more than one year, arson punishable by imprisonment for more than one
606
year, or an attempt to commit any of these offenses.]
607
[(3)] (2) "Criminal history background check" means a criminal background check
608
conducted by a licensed firearms dealer on every purchaser of a handgun through the division or
609
the local law enforcement agency where the firearms dealer conducts business.
610
[(4)] (3) (a) "Dangerous weapon" means any item that in the manner of its use or intended
611
use is capable of causing death or serious bodily injury. The following factors shall be used in
612
determining whether a knife, or any other item, object, or thing not commonly known as a
613
dangerous weapon is a dangerous weapon:
614
(i) the character of the instrument, object, or thing;
615
(ii) the character of the wound produced, if any;
616
(iii) the manner in which the instrument, object, or thing was used; and
617
(iv) the other lawful purposes for which the instrument, object, or thing may be used.
618
(b) "Dangerous weapon" does not include any explosive, chemical, or incendiary device
619
as defined by Section
76-10-306
.
620
[(5)] (4) "Dealer" means every person who is licensed under crimes and criminal
621
procedure, 18 U.S.C. 923 and engaged in the business of selling, leasing, or otherwise transferring
622
a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.
623
[(6)] (5) "Division" means the Criminal Investigations and Technical Services Division
624
of the Department of Public Safety, created in Section
53-10-103
.
625
[(7)] (6) "Enter" means intrusion of the entire body.
626
[(8)] (7) "Firearm" means a pistol, revolver, shotgun, sawed-off shotgun, rifle or
627
sawed-off rifle, or any device that could be used as a dangerous weapon from which is expelled
628
a projectile by action of an explosive.
629
[(9)] (8) "Firearms transaction record form" means a form created by the division to be
630
completed by a person purchasing, selling, or transferring a handgun from a dealer in the state.
631
[(10)] (9) "Fully automatic weapon" means any firearm which fires, is designed to fire, or
632
can be readily restored to fire, automatically more than one shot without manual reloading by a
633
single function of the trigger.
634
[(11)] (10) "Handgun" means a pistol, revolver, or other firearm of any description, loaded
635
or unloaded, from which any shot, bullet, or other missile can be discharged, the length of which,
636
not including any revolving, detachable, or magazine breech, does not exceed 12 inches.
637
[(12)] (11) "House of worship" means a church, temple, synagogue, mosque, or other
638
building set apart primarily for the purpose of worship in which religious services are held and the
639
main body of which is kept for that use and not put to any other use inconsistent with its primary
640
purpose.
641
[(13)] (12) "Prohibited area" means any place where it is unlawful to discharge a firearm.
642
[(14)] (13) "Readily accessible for immediate use" means that a firearm or other dangerous
643
weapon is carried on the person or within such close proximity and in such a manner that it can
644
be retrieved and used as readily as if carried on the person.
645
[(15)] (14) "Residence" means an improvement to real property used or occupied as a
646
primary or secondary residence.
647
[(16)] (15) "Sawed-off shotgun" or "sawed-off rifle" means a shotgun having a barrel or
648
barrels of fewer than 18 inches in length, or in the case of a rifle, having a barrel or barrels of fewer
649
than 16 inches in length, or any dangerous weapon made from a rifle or shotgun by alteration,
650
modification, or otherwise, if the weapon as modified has an overall length of fewer than 26
651
inches.
652
[(17)] (16) "Securely encased" means not readily accessible for immediate use, such as
653
held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other
654
storage area of a motor vehicle, not including a glove box or console box.
655
[(18)] (17) "State entity" means each department, commission, board, council, agency,
656
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
657
unit, bureau, panel, or other administrative unit of the state.
658
(18) "Violent felony" means the same as defined in Section
76-3-203.5
.
659
Section 12.
Section
76-10-503
is repealed and reenacted to read:
660
76-10-503. Restrictions on possession, purchase, transfer, and ownership of
661
dangerous weapons by certain persons.
662
(1) For purposes of this section:
663
(a) A Category I restricted person is a person who:
664
(i) has been convicted of any violent felony as defined in Section
76-3-203.5
;
665
(ii) is on probation or parole for any felony;
666
(iii) is on parole from a secure facility as defined in Section
62A-7-101
; or
667
(iv) within the last ten years has been adjudicated delinquent for an offense which if
668
committed by an adult would have been a violent felony as defined in Section
76-3-203.5
.
669
(b) A Category II restricted person is a person who:
670
(i) has been convicted of any felony;
671
(ii) within the last seven years has been adjudicated delinquent for an offense which if
672
committed by an adult would have been a felony;
673
S [
(iii) is an unlawful user of a controlled substance or, at the time of possession of a
674
dangerous weapon, unlawfully:
675
(A) is in possession of a controlled substance; or
676
(B) has in his body any measurable amount of a controlled substance or a metabolite of
] s
677
S [
a controlled substance;
]
(iii) IS AN UNLAWFUL USER OF A CONTROLLED SUBSTANCE AS
677a
DEFINED IN SECTION 58-37-2;
677b
(iv) IS IN POSSESSION OF A DANGEROUS WEAPON AND IS KNOWINGLY AND
677c
INTENTIONALLY IN UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE AS DEFINED IN
677d
SECTION 58-37-2;
678
[
(iv)
]
(v)
s has been found not guilty by reason of insanity S
FOR A FELONY OFFENSE"
s ;
679
S [
(v) has been found guilty and mentally ill;
] s
680
(vi) has been found mentally incompetent to stand trial S
FOR A FELONY OFFENSE
s ;
681
(vii) S [
has been
]
IS CURRENTLY
s civilly committed under the terms of Section
681a
62A-12-234
;
682
(viii) is an alien who is illegally or unlawfully in the United States;
683
(ix) has been dishonorably discharged from the armed forces; or
684
(x) has renounced his citizenship after having been a citizen of the United States.
685
(2) A Category I restricted person who purchases, transfers, possesses, uses, or has under
686
his custody or control:
687
(a) any firearm is guilty of a second degree felony; or
688
(b) any dangerous weapon other than a firearm is guilty of a third degree felony.
689
(3) A Category II restricted person who purchases, transfers, possesses, uses, or has under
690
his custody or control:
691
(a) any firearm is guilty of a third degree felony; or
692
(b) any dangerous weapon other than a firearm is guilty of a class A misdemeanor.
693
(4) A person may be subject to the restrictions of both categories at the same time.
694
(5) If a higher penalty than is prescribed in this section is provided in another section for
695
one who purchases, transfers, possesses, uses, or has under this custody or control any dangerous
696
weapon, the penalties of that section control.
697
Section 13.
Section
76-10-504
is amended to read:
698
76-10-504. Carrying concealed dangerous weapon -- Penalties.
699
(1) Except as provided in Section
76-10-503
and in Subsections (2) and (3):
700
(a) a person who carries a concealed dangerous weapon, as defined in Section
76-10-501
,
701
which is not a firearm on his person or one that is readily accessible for immediate use which is
702
not securely encased, as defined in this part, in a place other than his residence, property, or
703
business under his control is guilty of a class B misdemeanor; and
704
(b) a person without a valid concealed firearm permit who carries a concealed dangerous
705
weapon which is a firearm and that contains no ammunition is guilty of a class B misdemeanor,
706
but if the firearm contains ammunition the person is guilty of a class A misdemeanor.
707
(2) A person who carries concealed a sawed-off shotgun or a sawed-off rifle is guilty of
708
a second degree felony.
709
(3) If the concealed firearm is used in the commission of a [crime of violence] violent
710
felony as defined in Section [
76-10-501
]
76-3-203.5
, and the person is a party to the offense, the
711
person is guilty of a second degree felony.
712
(4) Nothing in Subsection (1) shall prohibit a person engaged in the lawful taking of
713
protected or unprotected wildlife as defined in Title 23, [Fish and Game] Wildlife Resources Code,
714
from carrying a concealed weapon or a concealed firearm with a barrel length of four inches or
715
greater as long as the taking of wildlife does not occur:
716
(a) within the limits of a municipality in violation of that municipality's ordinances; or
717
(b) upon the highways of the state as defined in Section
41-6-1
.
718
Section 14.
Section
76-10-509.6
is amended to read:
719
76-10-509.6. Parent or guardian providing firearm to violent minor.
720
(1) A parent or guardian may not intentionally or knowingly provide a firearm to, or permit
721
the possession of a firearm by, any minor who has been convicted of a [crime of violence] violent
722
felony as defined in Section
76-3-203.5
or any minor who has been adjudicated in juvenile court
723
for an offense which would constitute a [crime of violence] violent felony if the minor were an
724
adult.
725
(2) Any person who violates this section is guilty of:
726
(a) a class A misdemeanor upon the first offense; and
727
(b) a third degree felony for each subsequent offense.
728
Section 15.
Section
76-10-512
is amended to read:
729
76-10-512. Target concessions, shooting ranges, competitions, and hunting excepted
730
from prohibitions.
731
The provisions of [Sections
76-10-503
,] Section
76-10-509
[,] and Subsection
732
76-10-509.4
(1) regarding possession of handguns by minors shall not apply to any of the
733
following:
734
(1) Patrons firing at lawfully operated target concessions at amusement parks, piers, and
735
similar locations provided that the firearms to be used are firmly chained or affixed to the counters.
736
(2) Any person in attendance at a hunter's safety course or a firearms safety course.
737
(3) Any person engaging in practice or any other lawful use of a firearm at an established
738
range or any other area where the discharge of a firearm is not prohibited by state or local law.
739
(4) Any person engaging in an organized competition involving the use of a firearm, or
740
participating in or practicing for such competition.
741
(5) Any minor under 18 years of age who is on real property with the permission of the
742
owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian
743
or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law.
744
(6) Any resident or nonresident hunters with a valid hunting license or other persons who
745
are lawfully engaged in hunting.
746
(7) Any person traveling to or from any activity described in Subsection (2), (3), (4), (5),
747
or (6) with an unloaded firearm in his possession.
748
Section 16.
Section
76-10-526
is amended to read:
749
76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
750
Exemption for concealed firearm permit holders.
751
(1) A criminal background check required by this section shall only apply to the purchase
752
of a handgun until federal law requires the background check to extend to other firearms.
753
(2) At the time that federal law extends the criminal background check requirement to
754
other firearms, the division shall make rules to extend the background checks required under this
755
section to the other firearms.
756
(3) For purposes of this section, "valid permit to carry a concealed firearm" does not
757
include a temporary permit issued pursuant to Section
53-5-705
.
758
(4) To establish personal identification and residence in this state for purposes of this part,
759
a dealer shall require any person receiving a firearm to present:
760
(a) one photo identification on a form issued by a governmental agency of the state; and
761
(b) one other documentation of residence which must show an address identical to that
762
shown on the photo identification form.
763
(5) A criminal history background check is required for the sale of a firearm by a licensed
764
firearm dealer in the state.
765
(6) Any person, except a dealer, purchasing a firearm from a dealer shall consent in writing
766
to a criminal background check, on a form provided by the division. The form shall also contain
767
the following information:
768
(a) the dealer identification number;
769
(b) the name and address of the person receiving the firearm;
770
(c) the date of birth, height, weight, eye color, and hair color of the person receiving the
771
firearm; and
772
(d) the Social Security number or any other identification number of the person receiving
773
the firearm.
774
(7) (a) The dealer shall send the form required by Subsection (6) to the division
775
immediately upon its completion.
776
(b) No dealer shall sell or transfer any firearm to any person until the dealer has provided
777
the division with the information in Subsection (6) and has received approval from the division
778
under Subsection [(8)] (9).
779
(8) The dealer shall make a request for criminal history background information by
780
telephone or other electronic means to the division and shall receive approval or denial of the
781
inquiry by telephone or other electronic means.
782
(9) When the dealer calls for or requests a criminal history background check, the division
783
shall:
784
(a) review the criminal history files, including juvenile court records, to determine if the
785
person is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
786
(b) inform the dealer that:
787
(i) the [criminal record indicates] records indicate the person is so prohibited; or
788
(ii) the person is approved for purchasing, possessing, or transferring a firearm;
789
(c) provide the dealer with a unique transaction number for that inquiry; and
790
(d) provide a response to the requesting dealer during the call for a criminal background,
791
or by return call, or other electronic means, without delay, except in case of electronic failure or
792
other circumstances beyond the control of the division, the division shall advise the dealer of the
793
reason for [such] the delay and give the dealer an estimate of the length of [such] the delay.
794
(10) The division shall not maintain any records of the criminal history background check
795
longer than 20 days from the date of the dealer's request if the division determines that the person
796
receiving the gun is not prohibited from purchasing, possessing, or transferring the firearm under
797
state or federal law. However, the division shall maintain a log of requests containing the dealer's
798
federal firearms number, the transaction number, and the transaction date for a period of 12
799
months.
800
(11) If the criminal history background check discloses information indicating that the
801
person attempting to purchase the firearm is prohibited from purchasing, possessing, or
802
transferring a firearm, the division shall inform the law enforcement agency in the jurisdiction
803
where the person resides.
804
(12) If a person is denied the right to purchase a firearm under this section, the person may
805
review his criminal history information and may challenge or amend the information as provided
806
in Section
53-10-108
.
807
(13) The division shall make rules as provided in Title 63, Chapter 46a, Utah
808
Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records
809
provided by the division pursuant to this part are in conformance with the requirements of the
810
Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
811
(14) (a) All dealers shall collect a criminal history background check fee which is $7.50.
812
This fee remains in effect until changed by the division through the process under Section
813
63-38-3.2
.
814
(b) The dealer shall forward at one time all fees collected for criminal history background
815
checks performed during the month to the division by the last day of the month following the sale
816
of a firearm. The division shall deposit the fees in the General Fund as dedicated credits to cover
817
the cost of administering and conducting the criminal history background check program.
818
(15) A person with a concealed firearm permit issued pursuant to Title 53, Chapter 5, Part
819
7, Concealed Weapon Act, shall be exempt from the background check and corresponding fee
820
required in this section for the purchase of a firearm if:
821
(a) the person presents his concealed firearm permit to the dealer prior to purchase of the
822
firearm; and
823
(b) the dealer verifies with the division that the person's concealed firearm permit is valid.
824
Section 17.
Section
78-3a-206
is amended to read:
825
78-3a-206. Court records -- Inspection.
826
(1) The court and the probation department shall keep records as required by the board and
827
the presiding judge.
828
(2) Court records shall be open to inspection by:
829
(a) the parents or guardian, other parties in the case, the attorneys, and agencies to which
830
custody of a minor has been transferred;
831
(b) for information relating to adult offenders alleged to have committed a sexual offense,
832
a felony or class A misdemeanor drug offense, or an offense against the person under Title 76,
833
Chapter 5, Offenses Against the Person, the State Office of Education for the purpose of evaluating
834
whether an individual should be permitted to obtain or retain a license as an educator or serve as
835
an employee or volunteer in a school, with the understanding that the office must provide the
836
individual with an opportunity to respond to any information gathered from its inspection of the
837
records before it makes a decision concerning licensure or employment; and
838
(c) the Division of Criminal Investigations and Technical Services, established in Section
839
53-10-103
, for the purpose of a criminal history background check for the purchase of a firearm
840
and establishing good character for issuance of a concealed firearm permit as provided in Section
841
53-5-704
.
842
(3) With the consent of the judge, court records may be inspected by the minor, by persons
843
having a legitimate interest in the proceedings, and by persons conducting pertinent research
844
studies.
845
(4) If a petition is filed charging a minor 14 years of age or older with an offense that
846
would be a felony if committed by an adult, the court shall make available to any person upon
847
request the petition, any adjudication or disposition orders, and the delinquency history summary
848
of the minor charged unless the records are closed by the court upon findings on the record for
849
good cause.
850
(5) Probation officers' records and reports of social and clinical studies are not open to
851
inspection, except by consent of the court, given under rules adopted by the board.
852
(6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
853
history summary of any person charged as an adult with a felony offense shall be made available
854
to any person upon request.
855
(b) This provision does not apply to records that have been destroyed or expunged in
856
accordance with court rules.
857
(c) The court may charge a reasonable fee to cover the costs associated with retrieving a
858
requested record that has been archived.
859
Section 18.
Section
78-3a-307.1
is amended to read:
860
78-3a-307.1. Criminal background checks necessary prior to out-of-home placement.
861
(1) Upon ordering removal of a child from the custody of his parent and placing that child
862
in the custody of the Division of Child and Family Services, and prior to the division's placement
863
of that child in out-of-home care, the court shall require the completion of a background check by
864
the Utah Bureau of [Criminal] Identification regarding the proposed placement.
865
(2) (a) The Division of Child and Family Services and the Office of the Guardian ad Litem
866
Director may request, or the court upon its own motion may order, the Department of Public Safety
867
to conduct a complete Federal Bureau of Investigation criminal background check through the
868
national criminal history system (NCIC).
869
(b) Upon request by the Division of Child and Family Services or the Office of the
870
Guardian ad Litem Director, or upon the court's order, persons subject to the requirements of
871
Subsection (1) shall submit fingerprints and shall be subject to an FBI fingerprint background
872
check. The child may be temporarily placed, pending the outcome of that background check.
873
(c) The cost of those investigations shall be borne by whoever is to receive placement of
874
the child, except that the Division of Child and Family Services may pay all or part of the cost of
875
those investigations if the person with whom the child is to be placed is unable to pay.
876
Section 19.
Section
78-3a-904
is amended to read:
877
78-3a-904. When photographs, fingerprints, or HIV infection tests may be taken --
878
Distribution -- Expungement.
879
(1) Photographs may be taken of a minor 14 years of age or older who:
880
(a) is taken into custody for the alleged commission of an offense under Sections
881
78-3a-104
,
78-3a-601
, and
78-3a-602
that would also be an offense if the minor were 18 years of
882
age or older; or
883
(b) has been determined to be a serious habitual offender for tracking under Section
884
63-92-2
and is under the continuing jurisdiction of the Juvenile Court or the Division of Youth
885
Corrections.
886
(2) (a) Fingerprints may be taken of a minor 14 years of age or older who:
887
(i) is taken into custody for the alleged commission of an offense that would be a felony
888
if the minor were 18 years of age or older; or
889
(ii) has been determined to be a serious habitual offender for tracking under Section
890
63-92-2
and is under the continuing jurisdiction of the Juvenile Court or the Division of Youth
891
Corrections.
892
(b) Fingerprints shall be forwarded to the Bureau of [Criminal] Identification and may be
893
stored by electronic medium.
894
(3) HIV testing may be conducted on a minor who is taken into custody after having been
895
adjudicated to have violated state law prohibiting a sexual offense under Title 76, Chapter 5, Part
896
4, Sexual Offenses, upon the request of the victim or the parent or guardian of a minor victim.
897
(4) HIV tests, photographs, and fingerprints may not be taken of a minor younger than 14
898
years of age without the consent of the court.
899
(5) (a) Photographs may be distributed or disbursed to individuals or agencies other than
900
state or local law enforcement agencies only when a minor 14 years of age or older is charged with
901
an offense which would be a felony if committed by an adult.
902
(b) Fingerprints may be distributed or disbursed to individuals or agencies other than state
903
or local law enforcement agencies.
904
(6) When a minor's juvenile record is expunged, all photographs and other records as
905
ordered shall upon court order be destroyed by the law enforcement agency. Fingerprint records
906
may not be destroyed.
906a
S
SECTION 20. EFFECTIVE DATE.
906b
(1) SECTIONS 26-8a-310, 31A-16-103, 31A-23-203, 53-1-104, 53-10-201, 61-2-9, 62A-4a-202.4,
906c
78-3a-307.1, AND 78-3a-904 TAKE EFFECT JULY 1, 2001; AND
906d
(2) THE REMAINING SECTIONS IN THIS ACT TAKE EFFECT MAY 1, 2000.
s
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