2008 Legislation
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HOUSE BILL NO. 352<br /> – Criminal records review, fees

HOUSE BILL NO. 352

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Bill Status



H0352................................by JUDICIARY, RULES AND ADMINISTRATION
CRIMINAL RECORDS REVIEW - Amends existing law relating to the Idaho State
Police to clarify the authority to establish and collect fees for
processing requests for criminal records review of state and federal files.

01/16    House intro - 1st rdg - to printing
01/17    Rpt prt - to Jud
02/01    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Eskridge
    Floor Sponsor - Kren
    Title apvd - to Senate
02/07    Senate intro - 1st rdg - to Jud
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Coiner, Gannon
    Floor Sponsor - Jorgenson
    Title apvd - to House
02/26    To enrol
02/27    Rpt enrol - Sp signed
02/28    Pres signed
02/29    To Governor
03/03    Governor signed
         Session Law Chapter 48
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 352

                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE IDAHO STATE POLICE; AMENDING SECTION 67-3010, IDAHO  CODE,  TO
  3        CLARIFY  THE AUTHORITY OF THE DEPARTMENT TO ESTABLISH AND COLLECT FEES FOR
  4        PROCESSING REQUESTS FOR CRIMINAL  RECORDS  REVIEW  OF  STATE  AND  FEDERAL
  5        FILES.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section 67-3010, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        67-3010.  FEES AUTHORIZED. The department, by rule,  shall  establish  and
 10    collect fees for taking fingerprints and for processing a request for criminal
 11    record  review  of  state and federal files when the purpose is other than the
 12    administration of criminal  justice.  The  department  may  also  collect  and
 13    account for fees charged by the federal bureau of investigation for processing
 14    fingerprints  forwarded  to the federal bureau of investigation by the depart-
 15    ment.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17335

This bill clarifies the authority of the Idaho State Police to
retain the full normal federal background check fee when the
positive identification is made at the state level and the state
does all the processing without submitting the fingerprints to
the FBI for processing.  The FBI authorizes states to retain the
FBI's fee, if a positive identification is made at the state
level and the criminal history is obtained via the Interstate
Identification Index system.


                            FISCAL NOTE

The department deposits all fees collected for background checks
into a dedicated account that is utilized to fund many of the BCI
staff, much of the operating costs and all technology refreshments. 
During fiscal year 2007, the department would have collected an
additional $99,336 had this authority been clear.  Additional funds
collected following enactment of this proposal may be used for
technology improvements and system updates.



Contact
Name:  Ann Cronin, Idaho State Police 
Phone: 208-884-7002


STATEMENT OF PURPOSE/FISCAL NOTE                         H 352