A city may by ordinance require a ground transportation service provider to submit to a criminal background check as a condition of providing ground transportation service to an airport under the city’s authority.
Terms Used In Utah Code 72-10-602
Airport: means any area of land, water, or both, that:
(a)
is used or is made available for landing and takeoff;
(b)
provides facilities for the shelter, supply, and repair of aircraft, and handling of passengers and cargo;
(c)
meets the minimum requirements established by the department as to size and design, surface, marking, equipment, and operation; and
(d)
includes all areas shown as part of the airport in the current airport layout plan as approved by the Federal Aviation Administration. See Utah Code 72-10-102
City: means a municipality of the first class, as defined under Section 10-2-301, that:
(a)
is authorized by statute to operate an airport; and
(b)
operates an airport with greater than 10 million annual passengers. See Utah Code 72-10-601
Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 72-10-601
Ground transportation service: means transporting passengers for hire or as a courtesy in connection with a business over public streets pursuant to a license with the city. See Utah Code 72-10-601
Ground transportation service provider: includes :
(i)
a taxicab driver;
(ii)
a limousine or luxury car driver;
(iii)
a bus or minibus driver, except a driver of a transit vehicle, as defined in Section 17B-2a-802;
(iv)
a courtesy vehicle or hotel vehicle driver;
(v)
a special transportation vehicle driver who transports persons with a disability; and
Each ground transportation service provider, if required to submit a background check under Subsection (1), shall:
(i)
submit a fingerprint card in a form acceptable to the division; and
(ii)
consent to a fingerprint background check by:
(A)
the Utah Bureau of Criminal Identification; and
(B)
the Federal Bureau of Investigation.
(b)
If requested by a city that has adopted an ordinance in accordance with Subsection (1), the division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check through a national criminal history system for each background check requested by a city under this section.
(c)
(i)
If a city has adopted an ordinance in accordance with Subsection (1), the city may make a ground transportation service provider’s access to provide ground transportation service to an airport conditional pending completion of a criminal background check under this section.
(ii)
If a criminal background check discloses that a ground transportation service provider failed to disclose accurately a criminal history, the city may deny or, if conditionally given, immediately terminate the ground transportation service provider’s right to provide ground transportation service to an airport.
(iii)
If a ground transportation service provider accurately disclosed the relevant criminal history and the criminal background check discloses that the ground transportation service provider has been convicted of a crime that indicates a potential risk for the safety or well-being of the patrons or employees of the airport under the city’s authority, the city may deny or, if conditionally given, immediately terminate the ground transportation service provider’s right to provide ground transportation service to an airport.
(3)
Each city that requests a criminal background check under Subsection (1) shall prepare criteria for which criminal activity will preclude ground transportation service to the airport and shall provide written notice to the ground transportation service provider who is the subject of the criminal background check that the background check has been requested.
(4)
The legislative body of a city may by a majority vote of its members overrule a decision made by the mayor or a city employee establishing the criteria for precluding the right of a ground transportation service provider under Subsection (3).
