HF 3518

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; authorizing release and 
  1.3             dissemination of juvenile criminal history data under 
  1.4             certain circumstances; requiring court to determine 
  1.5             juvenile and adult level of conviction information and 
  1.6             provide this data to bureau of criminal apprehension; 
  1.7             providing for a National Crime Prevention and Privacy 
  1.8             Compact which organizes an electronic information 
  1.9             sharing system among the federal government and the 
  1.10            states to exchange criminal history records for 
  1.11            background checks; amending Minnesota Statutes 1998, 
  1.12            section 299C.13; Minnesota Statutes 1999 Supplement, 
  1.13            sections 260B.171, subdivisions 2 and 5; and 299C.095, 
  1.14            subdivision 1; proposing coding for new law in 
  1.15            Minnesota Statutes, chapter 299C. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.18  260B.171, subdivision 2, is amended to read: 
  1.19     Subd. 2.  [RECORD OF FINDINGS.] (a) The juvenile court 
  1.20  shall forward to the bureau of criminal apprehension the 
  1.21  following data in juvenile petitions involving felony- or gross 
  1.22  misdemeanor-level offenses: 
  1.23     (1) the name and birthdate of the juvenile, including any 
  1.24  of the juvenile's known aliases or street names; 
  1.25     (2) the act for which the juvenile was petitioned and date 
  1.26  of the offense; and 
  1.27     (3) the date and county where the petition was filed. 
  1.28     (b) Upon completion of the court proceedings, the court 
  1.29  shall forward the court's finding and case disposition to the 
  1.30  bureau.  The court shall specify whether: 
  2.1      (1) the juvenile was referred to a diversion program; 
  2.2      (2) the petition was dismissed, continued for dismissal, or 
  2.3   continued without adjudication; or 
  2.4      (3) the juvenile was adjudicated delinquent, in which case 
  2.5   the court shall also provide information indicating whether the 
  2.6   offense, for which the juvenile was adjudicated, would be a 
  2.7   felony or gross misdemeanor if the offense had been committed by 
  2.8   an adult. 
  2.9      (c) The juvenile court shall forward to the bureau, the 
  2.10  sentencing guidelines commission, and the department of 
  2.11  corrections the following data on individuals convicted as 
  2.12  extended jurisdiction juveniles: 
  2.13     (1) the name and birthdate of the offender, including any 
  2.14  of the juvenile's known aliases or street names; 
  2.15     (2) the crime committed by the offender and the date of the 
  2.16  crime; 
  2.17     (3) the date and county of the conviction; and 
  2.18     (4) the case disposition. 
  2.19     The court shall notify the bureau, the sentencing 
  2.20  guidelines commission, and the department of corrections 
  2.21  whenever it executes an extended jurisdiction juvenile's adult 
  2.22  sentence under section 260B.130, subdivision 5. 
  2.23     (d) The bureau, sentencing guidelines commission, and the 
  2.24  department of corrections shall retain the extended jurisdiction 
  2.25  juvenile data for as long as the data would have been retained 
  2.26  if the offender had been an adult at the time of the offense.  
  2.27  Data retained on individuals under this subdivision are private 
  2.28  data under section 13.02, except that extended jurisdiction 
  2.29  juvenile data becomes public data under section 13.87, 
  2.30  subdivision 2, when the juvenile court notifies the bureau that 
  2.31  the individual's adult sentence has been executed under section 
  2.32  260B.130, subdivision 5.  
  2.33     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.34  260B.171, subdivision 5, is amended to read: 
  2.35     Subd. 5.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
  2.36  for records relating to an offense where proceedings are public 
  3.1   under section 260B.163, subdivision 1, peace officers' records 
  3.2   of children who are or may be delinquent or who may be engaged 
  3.3   in criminal acts shall be kept separate from records of persons 
  3.4   18 years of age or older and are private data but shall be 
  3.5   disseminated:  (1) by order of the juvenile court, (2) as 
  3.6   required by section 121A.28, (3) as authorized under section 
  3.7   13.82, subdivision 2, (4) to the child or the child's parent or 
  3.8   guardian unless disclosure of a record would interfere with an 
  3.9   ongoing investigation, (5) to the Minnesota crime victims 
  3.10  reparations board as required by section 611A.56, subdivision 2, 
  3.11  clause (f), for the purpose of processing claims for crime 
  3.12  victims reparations, or (6) as otherwise provided in this 
  3.13  subdivision.  Except as provided in paragraph (c), no 
  3.14  photographs of a child taken into custody may be taken without 
  3.15  the consent of the juvenile court unless the child is alleged to 
  3.16  have violated section 169.121 or 169.129.  Peace officers' 
  3.17  records containing data about children who are victims of crimes 
  3.18  or witnesses to crimes must be administered consistent with 
  3.19  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
  3.20  violating any of the provisions of this subdivision shall be 
  3.21  guilty of a misdemeanor. 
  3.22     In the case of computerized records maintained about 
  3.23  juveniles by peace officers, the requirement of this subdivision 
  3.24  that records about juveniles must be kept separate from adult 
  3.25  records does not mean that a law enforcement agency must keep 
  3.26  its records concerning juveniles on a separate computer system.  
  3.27  Law enforcement agencies may keep juvenile records on the same 
  3.28  computer as adult records and may use a common index to access 
  3.29  both juvenile and adult records so long as the agency has in 
  3.30  place procedures that keep juvenile records in a separate place 
  3.31  in computer storage and that comply with the special data 
  3.32  retention and other requirements associated with protecting data 
  3.33  on juveniles. 
  3.34     (b) Nothing in this subdivision prohibits the exchange of 
  3.35  information by law enforcement agencies, including federal and 
  3.36  other state law enforcement agencies, if the exchanged 
  4.1   information is pertinent and necessary for law enforcement 
  4.2   purposes. 
  4.3      (c) A photograph may be taken of a child taken into custody 
  4.4   pursuant to section 260B.175, subdivision 1, clause (b), 
  4.5   provided that the photograph must be destroyed when the child 
  4.6   reaches the age of 19 years.  The commissioner of corrections 
  4.7   may photograph juveniles whose legal custody is transferred to 
  4.8   the commissioner.  Photographs of juveniles authorized by this 
  4.9   paragraph may be used only for institution management purposes, 
  4.10  case supervision by parole agents, and to assist law enforcement 
  4.11  agencies to apprehend juvenile offenders.  The commissioner 
  4.12  shall maintain photographs of juveniles in the same manner as 
  4.13  juvenile court records and names under this section. 
  4.14     (d) Traffic investigation reports are open to inspection by 
  4.15  a person who has sustained physical harm or economic loss as a 
  4.16  result of the traffic accident.  Identifying information on 
  4.17  juveniles who are parties to traffic accidents may be disclosed 
  4.18  as authorized under section 13.82, subdivision 4, and accident 
  4.19  reports required under section 169.09 may be released under 
  4.20  section 169.09, subdivision 13, unless the information would 
  4.21  identify a juvenile who was taken into custody or who is 
  4.22  suspected of committing an offense that would be a crime if 
  4.23  committed by an adult, or would associate a juvenile with the 
  4.24  offense, and the offense is not an adult court traffic offense 
  4.25  under section 260B.225. 
  4.26     (e) A law enforcement agency shall notify the principal or 
  4.27  chief administrative officer of a juvenile's school of an 
  4.28  incident occurring within the agency's jurisdiction if: 
  4.29     (1) the agency has probable cause to believe that the 
  4.30  juvenile has committed an offense that would be a crime if 
  4.31  committed as an adult, that the victim of the offense is a 
  4.32  student or staff member of the school, and that notice to the 
  4.33  school is reasonably necessary for the protection of the victim; 
  4.34  or 
  4.35     (2) the agency has probable cause to believe that the 
  4.36  juvenile has committed an offense described in subdivision 3, 
  5.1   paragraph (a), clauses (1) to (3), that would be a crime if 
  5.2   committed by an adult, regardless of whether the victim is a 
  5.3   student or staff member of the school. 
  5.4      A law enforcement agency is not required to notify the 
  5.5   school under this paragraph if the agency determines that notice 
  5.6   would jeopardize an ongoing investigation.  Notwithstanding 
  5.7   section 138.17, data from a notice received from a law 
  5.8   enforcement agency under this paragraph must be destroyed when 
  5.9   the juvenile graduates from the school or at the end of the 
  5.10  academic year when the juvenile reaches age 23, whichever date 
  5.11  is earlier.  For purposes of this paragraph, "school" means a 
  5.12  public or private elementary, middle, or secondary school. 
  5.13     (f) In any county in which the county attorney operates or 
  5.14  authorizes the operation of a juvenile prepetition or pretrial 
  5.15  diversion program, a law enforcement agency or county attorney's 
  5.16  office may provide the juvenile diversion program with data 
  5.17  concerning a juvenile who is a participant in or is being 
  5.18  considered for participation in the program. 
  5.19     (g) Upon request of a local social services agency, peace 
  5.20  officer records of children who are or may be delinquent or who 
  5.21  may be engaged in criminal acts may be disseminated to the 
  5.22  agency to promote the best interests of the subject of the data. 
  5.23     (h) Upon written request, the prosecuting authority shall 
  5.24  release investigative data collected by a law enforcement agency 
  5.25  to the victim of a criminal act or alleged criminal act or to 
  5.26  the victim's legal representative, except as otherwise provided 
  5.27  by this paragraph.  Data shall not be released if: 
  5.28     (1) the release to the individual subject of the data would 
  5.29  be prohibited under section 13.391; or 
  5.30     (2) the prosecuting authority reasonably believes: 
  5.31     (i) that the release of that data will interfere with the 
  5.32  investigation; or 
  5.33     (ii) that the request is prompted by a desire on the part 
  5.34  of the requester to engage in unlawful activities.  
  5.35     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  5.36  299C.095, subdivision 1, is amended to read: 
  6.1      Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
  6.2   and maintain the computerized juvenile history record system 
  6.3   based on sections 260B.171 and 260C.171 and other statutes 
  6.4   requiring the reporting of data on juveniles.  The data in the 
  6.5   system are private data as defined in section 13.02, subdivision 
  6.6   12, but are accessible to criminal justice agencies as defined 
  6.7   in section 13.02, subdivision 3a, to all trial courts and 
  6.8   appellate courts, to a person who has access to the juvenile 
  6.9   court records as provided in sections 260B.171 and 260C.171 or 
  6.10  under court rule and to criminal justice agencies in other 
  6.11  states in the conduct of their official duties. 
  6.12     (b) Except for access authorized under paragraph (a), the 
  6.13  bureau shall only disseminate a juvenile adjudication history 
  6.14  record in connection with a background check required by statute 
  6.15  or rule and performed on a licensee, license applicant, or 
  6.16  employment applicant or performed under section 299C.62 or 
  6.17  624.713.  A consent for release of information from an 
  6.18  individual who is the subject of a juvenile adjudication history 
  6.19  is not effective and the bureau shall not release a juvenile 
  6.20  adjudication history record and shall not release information in 
  6.21  a manner that reveals the existence of the record. 
  6.22     Sec. 4.  Minnesota Statutes 1998, section 299C.13, is 
  6.23  amended to read: 
  6.24     299C.13 [INFORMATION FURNISHED TO PEACE OFFICER.] 
  6.25     Upon receipt of information data as to any arrested person, 
  6.26  the bureau shall immediately ascertain whether the person 
  6.27  arrested has a criminal record or is a fugitive from justice, 
  6.28  and shall at once inform the arresting officer of the facts 
  6.29  ascertained, including references to any juvenile or adult court 
  6.30  disposition data that are not in the criminal history system.  
  6.31  Upon application by any sheriff, chief of police, or other peace 
  6.32  officer in the state, or by an officer of the United States or 
  6.33  by an officer of another state, territory, or government duly 
  6.34  authorized to receive the same and effecting reciprocal 
  6.35  interchange of similar information with the division, it shall 
  6.36  be the duty of the bureau to furnish all information in its 
  7.1   possession pertaining to the identification of any person.  If 
  7.2   the bureau has a sealed record on the arrested person, it shall 
  7.3   notify the requesting peace officer of that fact and of the 
  7.4   right to seek a court order to open the record for purposes of 
  7.5   law enforcement.  A criminal justice agency shall be notified, 
  7.6   upon request, of the existence and contents of a sealed record 
  7.7   containing conviction information about an applicant for 
  7.8   employment.  For purposes of this section a "criminal justice 
  7.9   agency" means courts or a government agency that performs the 
  7.10  administration of criminal justice under statutory authority. 
  7.11     Sec. 5.  [299C.175] [REPORT BY COURT.] 
  7.12     The court must determine the level of offense of each 
  7.13  convicted individual and report the level of offense information 
  7.14  to the bureau. 
  7.15     Sec. 6.  [CITATION.] 
  7.16     Sections 299C.58 and 299C.582 may be cited as the National 
  7.17  Crime Prevention and Privacy Compact. 
  7.18     Sec. 7.  [299C.58] [COMPACT.] 
  7.19     The National Crime Prevention and Privacy Compact is hereby 
  7.20  ratified, enacted into law, and entered into by this state with 
  7.21  any other states legally joining therein in the form 
  7.22  substantially as follows: 
  7.23                            ARTICLE I 
  7.24                           DEFINITIONS 
  7.25     In this compact: 
  7.26     (1) [ATTORNEY GENERAL.] The term "attorney general" means 
  7.27  the Attorney General of the United States. 
  7.28     (2) [COMPACT OFFICER.] The term "compact officer" means 
  7.29     (A) with respect to the federal government, an official so 
  7.30  designated by the director of the FBI; and 
  7.31     (B) with respect to a party state, the chief administrator 
  7.32  of the state's criminal history record repository or a designee 
  7.33  of the chief administrator who is a regular full-time employee 
  7.34  of the repository. 
  7.35     (3) [COUNCIL.] The term "council" means the compact council 
  7.36  established under article VI. 
  8.1      (4) [CRIMINAL HISTORY RECORDS.] The term "criminal history 
  8.2   records" 
  8.3      (A) means information collected by criminal justice 
  8.4   agencies on individuals consisting of identifiable descriptions 
  8.5   and notations of arrests, detentions, indictments, or other 
  8.6   formal criminal charges, and any disposition arising therefrom, 
  8.7   including acquittal, sentencing, correctional supervision, or 
  8.8   release; and 
  8.9      (B) does not include identification information such as 
  8.10  fingerprint records if such information does not indicate 
  8.11  involvement of the individual with the criminal justice system. 
  8.12     (5) [CRIMINAL HISTORY RECORD REPOSITORY.] The term 
  8.13  "criminal history record repository" means the state agency 
  8.14  designated by the governor or other appropriate executive 
  8.15  official or the legislature of a state to perform centralized 
  8.16  record-keeping functions for criminal history records and 
  8.17  services in the state. 
  8.18     (6) [CRIMINAL JUSTICE.] The term "criminal justice" 
  8.19  includes activities relating to the detection, apprehension, 
  8.20  detention, pretrial release, post-trial release, prosecution, 
  8.21  adjudication, correctional supervision, or rehabilitation of 
  8.22  accused persons or criminal offenders.  The administration of 
  8.23  criminal justice includes criminal identification activities and 
  8.24  the collection, storage, and dissemination of criminal history 
  8.25  records. 
  8.26     (7) [CRIMINAL JUSTICE AGENCY.] The term "criminal justice 
  8.27  agency" 
  8.28     (A) means: 
  8.29     (i) courts; and 
  8.30     (ii) a governmental agency or any subunit thereof that: 
  8.31     (I) performs the administration of criminal justice 
  8.32  pursuant to a statute or executive order; and 
  8.33     (II) allocates a substantial part of its annual budget to 
  8.34  the administration of criminal justice; and 
  8.35     (B) includes federal and state inspectors general offices. 
  8.36     (8) [CRIMINAL JUSTICE SERVICES.] The term "criminal justice 
  9.1   services" means services provided by the FBI to criminal justice 
  9.2   agencies in response to a request for information about a 
  9.3   particular individual or as an update to information previously 
  9.4   provided for criminal justice purposes. 
  9.5      (9) [CRITERION OFFENSE.] The term "criterion offense" means 
  9.6   any felony or misdemeanor offense not included on the list of 
  9.7   nonserious offenses published periodically by the FBI. 
  9.8      (10) [DIRECT ACCESS.] The term "direct access" means access 
  9.9   to the National Identification Index by computer terminal or 
  9.10  other automated means not requiring the assistance of or 
  9.11  intervention by any other party or agency. 
  9.12     (11) [EXECUTIVE ORDER.] The term "executive order" means an 
  9.13  order of the President of the United States or the chief 
  9.14  executive officer of a state that has the force of law and that 
  9.15  is promulgated in accordance with applicable law. 
  9.16     (12) [FBI.] The term "FBI" means the Federal Bureau of 
  9.17  Investigation. 
  9.18     (13) [INTERSTATE IDENTIFICATION SYSTEM.] The term 
  9.19  "Interstate Identification Index System" or "III System" 
  9.20     (A) means the cooperative federal-state system for the 
  9.21  exchange of criminal history records; and 
  9.22     (B) includes the National Identification Index, the 
  9.23  National Fingerprint File, and, to the extent of their 
  9.24  participation in such system, the criminal history record 
  9.25  repositories of the states and the FBI. 
  9.26     (14) [NATIONAL FINGERPRINT FILE.] The term "National 
  9.27  Fingerprint File" means a database of fingerprints, or other 
  9.28  uniquely personal identifying information, relating to an 
  9.29  arrested or charged individual maintained by the FBI to provide 
  9.30  positive identification of record subjects indexed in the III 
  9.31  System. 
  9.32     (15) [NATIONAL IDENTIFICATION INDEX.] The term "National 
  9.33  Identification Index" means an index maintained by the FBI 
  9.34  consisting of names, identifying numbers, and other descriptive 
  9.35  information relating to record subjects about whom there are 
  9.36  criminal history records in the III System. 
 10.1      (16) [NATIONAL INDEXES.] The term "national indexes" means 
 10.2   the National Identification Index and the National Fingerprint 
 10.3   File. 
 10.4      (17) [NONPARTY STATE.] The term "nonparty state" means a 
 10.5   state that has not ratified this compact. 
 10.6      (18) [NONCRIMINAL JUSTICE PURPOSES.] The term "noncriminal 
 10.7   justice purposes" means uses of criminal history records for 
 10.8   purposes authorized by federal or state law other than purposes 
 10.9   relating to criminal justice activities, including employment 
 10.10  suitability, licensing determinations, immigration and 
 10.11  naturalization matters, and national security clearances. 
 10.12     (19) [PARTY STATE.] The term "party state" means a state 
 10.13  that has ratified this compact. 
 10.14     (20) [POSITIVE IDENTIFICATION.] The term "positive 
 10.15  identification" means a determination, based upon a comparison 
 10.16  of fingerprints or other equally reliable biometric 
 10.17  identification techniques, that the subject of a record search 
 10.18  is the same person as the subject of a criminal history record 
 10.19  or records indexed in the III System.  Identifications based 
 10.20  solely upon a comparison of subjects' names or other nonunique 
 10.21  identification characteristics or numbers, or combinations 
 10.22  thereof, shall not constitute positive identification. 
 10.23     (21) [SEALED RECORD INFORMATION.] The term "sealed record 
 10.24  information" means: 
 10.25     (A) with respect to adults, that portion of a record that 
 10.26  is: 
 10.27     (i) not available for criminal justice uses; 
 10.28     (ii) not supported by fingerprints or other accepted means 
 10.29  of positive identification; or 
 10.30     (iii) subject to restrictions on dissemination for 
 10.31  noncriminal justice purposes pursuant to a court order related 
 10.32  to a particular subject or pursuant to a federal or state 
 10.33  statute that requires action on a sealing petition filed by a 
 10.34  particular record subject; and 
 10.35     (B) with respect to juveniles, whatever each state 
 10.36  determines is a sealed record under its own law and procedure. 
 11.1      (22) [STATE.] The term "state" means any state, territory, 
 11.2   or possession of the United States, the District of Columbia, 
 11.3   and the Commonwealth of Puerto Rico. 
 11.4                             ARTICLE II 
 11.5                              PURPOSES 
 11.6      The purposes of this compact are to: 
 11.7      (1) provide a legal framework for the establishment of a 
 11.8   cooperative federal-state system for the interstate and 
 11.9   federal-state exchange of criminal history records for 
 11.10  noncriminal justice uses; 
 11.11     (2) require the FBI to permit use of the National 
 11.12  Identification Index and the National Fingerprint File by each 
 11.13  party state, and to provide, in a timely fashion, federal and 
 11.14  state criminal history records to requesting states, in 
 11.15  accordance with the terms of this compact and with rules, 
 11.16  procedures, and standards established by the council under 
 11.17  article VI; 
 11.18     (3) require party states to provide information and records 
 11.19  for the National Identification Index and the National 
 11.20  Fingerprint File and to provide criminal history records, in a 
 11.21  timely fashion, to criminal history record repositories of other 
 11.22  states and the federal government for noncriminal justice 
 11.23  purposes, in accordance with the terms of this compact and with 
 11.24  rules, procedures, and standards established by the council 
 11.25  under article VI; 
 11.26     (4) provide for the establishment of a council to monitor 
 11.27  III System operations and to prescribe system rules and 
 11.28  procedures for the effective and proper operation of the III 
 11.29  System for noncriminal justice purposes; and 
 11.30     (5) require the FBI and each party state to adhere to III 
 11.31  System standards concerning record dissemination and use, 
 11.32  response times, system security, data quality, and other duly 
 11.33  established standards, including those that enhance the accuracy 
 11.34  and privacy of such records. 
 11.35                           ARTICLE III 
 11.36               RESPONSIBILITIES OF COMPACT PARTIES 
 12.1      (a) [FBI RESPONSIBILITIES.] The director of the FBI shall: 
 12.2      (1) appoint an FBI compact officer who shall: 
 12.3      (A) administer this compact within the Department of 
 12.4   Justice and among federal agencies and other agencies and 
 12.5   organizations that submit search requests to the FBI pursuant to 
 12.6   article V(c); 
 12.7      (B) ensure that compact provisions and rules, procedures, 
 12.8   and standards prescribed by the council under article VI are 
 12.9   complied with by the Department of Justice and the federal 
 12.10  agencies and other agencies and organizations referred to in 
 12.11  article III(1)(A); and 
 12.12     (C) regulate the use of records received by means of the 
 12.13  III System from party states when such records are supplied by 
 12.14  the FBI directly to other federal agencies; 
 12.15     (2) provide to federal agencies and to state criminal 
 12.16  history record repositories, criminal history records maintained 
 12.17  in its database for the noncriminal justice purposes described 
 12.18  in article IV, including: 
 12.19     (A) information from nonparty states; and 
 12.20     (B) information from party states that is available from 
 12.21  the FBI through the III System, but is not available from the 
 12.22  party state through the III System; 
 12.23     (3) provide a telecommunications network and maintain 
 12.24  centralized facilities for the exchange of criminal history 
 12.25  records for both criminal justice purposes and the noncriminal 
 12.26  justice purposes described in article IV, and ensure that the 
 12.27  exchange of such records for criminal justice purposes has 
 12.28  priority over exchange for noncriminal justice purposes; and 
 12.29     (4) modify or enter into user agreements with nonparty 
 12.30  state criminal history record repositories to require them to 
 12.31  establish record request procedures conforming to those 
 12.32  prescribed in article V. 
 12.33     (b) [STATE RESPONSIBILITIES.] Each party state shall: 
 12.34     (1) appoint a compact officer who shall: 
 12.35     (A) administer this compact within that state; 
 12.36     (B) ensure that compact provisions and rules, procedures, 
 13.1   and standards established by the council under article VI are 
 13.2   complied with in the state; and 
 13.3      (C) regulate the in-state use of records received by means 
 13.4   of the III System from the FBI or from other party states; 
 13.5      (2) establish and maintain a criminal history record 
 13.6   repository, which shall provide: 
 13.7      (A) information and records for the National Identification 
 13.8   Index and the National Fingerprint File; and 
 13.9      (B) the state's III System-indexed criminal history records 
 13.10  for noncriminal justice purposes described in article IV; 
 13.11     (3) participate in the National Fingerprint File; and 
 13.12     (4) provide and maintain telecommunications links and 
 13.13  related equipment necessary to support the services set forth in 
 13.14  this compact. 
 13.15     (c) [COMPLIANCE WITH III SYSTEM STANDARDS.] In carrying out 
 13.16  their responsibilities under this compact, the FBI and each 
 13.17  party state shall comply with III System rules, procedures, and 
 13.18  standards duly established by the council concerning record 
 13.19  dissemination and use, response times, data quality, system 
 13.20  security, accuracy, privacy protection, and other aspects of III 
 13.21  System operation. 
 13.22     (d) [MAINTENANCE OF RECORD SERVICES.] 
 13.23     (1) Use of the III System for noncriminal justice purposes 
 13.24  authorized in this compact shall be managed so as not to 
 13.25  diminish the level of services provided in support of criminal 
 13.26  justice purposes. 
 13.27     (2) Administration of compact provisions shall not reduce 
 13.28  the level of service available to authorized noncriminal justice 
 13.29  users on the effective date of this compact. 
 13.30                            ARTICLE IV 
 13.31                  AUTHORIZED RECORD DISCLOSURES 
 13.32     (a) [STATE CRIMINAL HISTORY RECORD REPOSITORIES.] To the 
 13.33  extent authorized by United States Code, title 5, section 552a, 
 13.34  commonly known as the "Privacy Act of 1974," the FBI shall 
 13.35  provide on request criminal history records (excluding sealed 
 13.36  records) to state criminal history record repositories for 
 14.1   noncriminal justice purposes allowed by federal statute, federal 
 14.2   executive order, or a state statute that has been approved by 
 14.3   the attorney general and that authorizes national indexes checks.
 14.4      (b) [CRIMINAL JUSTICE AGENCIES AND OTHER GOVERNMENTAL OR 
 14.5   NONGOVERNMENTAL AGENCIES.] The FBI, to the extent authorized by 
 14.6   United States Code, title 5, section 552a, commonly known as the 
 14.7   "Privacy Act of 1974," and state criminal history record 
 14.8   repositories shall provide criminal history records (excluding 
 14.9   sealed records) to criminal justice agencies and other 
 14.10  governmental or nongovernmental agencies for noncriminal justice 
 14.11  purposes allowed by federal statute, federal executive order, or 
 14.12  a state statute that has been approved by the attorney general, 
 14.13  that authorizes national indexes checks. 
 14.14     (c) [PROCEDURES.] Any record obtained under this compact 
 14.15  may be used only for the official purposes for which the record 
 14.16  was requested.  Each compact officer shall establish procedures, 
 14.17  consistent with this compact, and with rules, procedures, and 
 14.18  standards established by the council under article VI, which 
 14.19  procedures shall protect the accuracy and privacy of the 
 14.20  records, and shall: 
 14.21     (1) ensure that records obtained under this compact are 
 14.22  used only by authorized officials for authorized purposes; 
 14.23     (2) require that subsequent record checks are requested to 
 14.24  obtain current information whenever a new need arises; and 
 14.25     (3) ensure that record entries that may not legally be used 
 14.26  for a particular noncriminal justice purpose are deleted from 
 14.27  the response and, if no information authorized for release 
 14.28  remains, an appropriate "no record" response is communicated to 
 14.29  the requesting official. 
 14.30                            ARTICLE V 
 14.31                    RECORD REQUEST PROCEDURES 
 14.32     (a) [POSITIVE IDENTIFICATION.] Subject fingerprints or 
 14.33  other approved forms of positive identification shall be 
 14.34  submitted with all requests for criminal history record checks 
 14.35  for noncriminal justice purposes. 
 14.36     (b) [SUBMISSION OF STATE REQUESTS.] Each request for a 
 15.1   criminal history record check utilizing the national indexes 
 15.2   made under any approved state statute shall be submitted through 
 15.3   that state's criminal history record repository.  A state 
 15.4   criminal history record repository shall process an interstate 
 15.5   request for noncriminal justice purposes through the national 
 15.6   indexes only if such request is transmitted through another 
 15.7   state criminal history record repository or the FBI. 
 15.8      (c) [SUBMISSION OF FEDERAL REQUESTS.] Each request for 
 15.9   criminal history record checks utilizing the national indexes 
 15.10  made under federal authority shall be submitted through the FBI 
 15.11  or, if the state criminal history record repository consents to 
 15.12  process fingerprint submissions, through the criminal history 
 15.13  record repository in the state in which such request 
 15.14  originated.  Direct access to the National Identification Index 
 15.15  by entities other than the FBI and state criminal history 
 15.16  records repositories shall not be permitted for noncriminal 
 15.17  justice purposes. 
 15.18     (d) [FEES.] A state criminal history record repository or 
 15.19  the FBI: 
 15.20     (1) may charge a fee, in accordance with applicable law, 
 15.21  for handling a request involving fingerprint processing for 
 15.22  noncriminal justice purposes; and 
 15.23     (2) may not charge a fee for providing criminal history 
 15.24  records in response to an electronic request for a record that 
 15.25  does not involve a request to process fingerprints. 
 15.26     (e) [ADDITIONAL SEARCH.] 
 15.27     (1) If a state criminal history record repository cannot 
 15.28  positively identify the subject of a record request made for 
 15.29  noncriminal justice purposes, the request, together with 
 15.30  fingerprints or other approved identifying information, shall be 
 15.31  forwarded to the FBI for a search of the national indexes. 
 15.32     (2) If, with respect to a request forwarded by a state 
 15.33  criminal history record repository under paragraph (1), the FBI 
 15.34  positively identifies the subject as having a III System-indexed 
 15.35  record or records; 
 15.36     (A) the FBI shall so advise the state criminal history 
 16.1   record repository; and 
 16.2      (B) the state criminal history record repository shall be 
 16.3   entitled to obtain the additional criminal history record 
 16.4   information from the FBI or other state criminal history record 
 16.5   repositories. 
 16.6                             ARTICLE VI 
 16.7                  ESTABLISHMENT OF COMPACT COUNCIL
 16.8      (a) [ESTABLISHMENT.] 
 16.9      (1) [IN GENERAL.] There is established a council to be 
 16.10  known as the "Compact Council," which shall have the authority 
 16.11  to promulgate rules and procedures governing the use of the III 
 16.12  System for noncriminal justice purposes, not to conflict with 
 16.13  FBI administration of the III System for criminal justice 
 16.14  purposes.  
 16.15     (2) [ORGANIZATION.] The council shall: 
 16.16     (A) continue in existence as long as this compact remains 
 16.17  in effect; 
 16.18     (B) be located, for administrative purposes, within the 
 16.19  FBI; and 
 16.20     (C) be organized and hold its first meeting as soon as 
 16.21  practicable after the effective date of this Compact. 
 16.22     (b) [MEMBERSHIP.] The council shall be composed of 15 
 16.23  members, each of whom shall be appointed by the attorney 
 16.24  general, as follows. 
 16.25     (1) Nine members, each of whom shall serve a two-year term, 
 16.26  who shall be selected from among the compact officers of party 
 16.27  states based on the recommendation of the compact officers of 
 16.28  all party states, except that, in the absence of the requisite 
 16.29  number of compact officers available to serve, the chief 
 16.30  administrators of the criminal history record repositories of 
 16.31  nonparty states shall be eligible to serve on an interim basis. 
 16.32     (2) Two at-large members, nominated by the Director of the 
 16.33  FBI, each of whom shall serve a three-year term, of whom: 
 16.34     (A) one shall be a representative of the criminal justice 
 16.35  agencies of the federal government and may not be an employee of 
 16.36  the FBI; and 
 17.1      (B) one shall be a representative of the noncriminal 
 17.2   justice agencies of the federal government. 
 17.3      (3) Two at-large members, nominated by the chairman of the 
 17.4   council, once the chair is elected pursuant to article VI(c), 
 17.5   each of whom shall serve a three-year term, of whom: 
 17.6      (A) one shall be a representative of state or local 
 17.7   criminal justice agencies; and 
 17.8      (B) one shall be a representative of state or local 
 17.9   noncriminal justice agencies. 
 17.10     (4) One member, who shall serve a three-year term, and who 
 17.11  shall simultaneously be a member of the FBI's advisory policy 
 17.12  board on criminal justice information services, nominated by the 
 17.13  membership of that policy board. 
 17.14     (5) One member, nominated by the Director of the FBI, who 
 17.15  shall serve a three-year term, and who shall be an employee of 
 17.16  the FBI. 
 17.17     (c) [CHAIR AND VICE-CHAIR.] 
 17.18     (1) [IN GENERAL.] From its membership, the council shall 
 17.19  elect a chair and a vice-chair of the council, respectively.  
 17.20  Both the chair and vice-chair of the council: 
 17.21     (A) shall be a compact officer, unless there is no compact 
 17.22  officer on the council who is willing to serve, in which case 
 17.23  the chair may be an at-large member; and 
 17.24     (B) shall serve a two-year term and may be reelected to 
 17.25  only one additional two-year term. 
 17.26     (2) [DUTIES OF VICE-CHAIR.] The vice-chair of the council 
 17.27  shall serve as the chair of the council in the absence of the 
 17.28  chair. 
 17.29     (d) [MEETINGS.] 
 17.30     (1) [IN GENERAL.] The council shall meet at least once each 
 17.31  year at the call of the chair.  Each meeting of the council 
 17.32  shall be open to the public.  The council shall provide prior 
 17.33  public notice in the Federal Register of each meeting of the 
 17.34  Council, including the matters to be addressed at such meeting. 
 17.35     (2) [QUORUM.] A majority of the council or any committee of 
 17.36  the council shall constitute a quorum of the council or of such 
 18.1   committee, respectively, for the conduct of business.  A lesser 
 18.2   number may meet to hold hearings, take testimony, or conduct any 
 18.3   business not requiring a vote. 
 18.4      (e) [RULES, PROCEDURES, AND STANDARDS.] The council shall 
 18.5   make available for public inspection and copying at the council 
 18.6   office within the FBI, and shall publish in the Federal 
 18.7   Register, any rules, procedures, or standards established by the 
 18.8   council. 
 18.9      (f) [ASSISTANCE FROM FBI.] The council may request from the 
 18.10  FBI such reports, studies, statistics, or other information or 
 18.11  materials as the council determines to be necessary to enable 
 18.12  the council to perform its duties under this compact.  The FBI, 
 18.13  to the extent authorized by law, may provide such assistance or 
 18.14  information upon such a request. 
 18.15     (g) [COMMITTEES.] The chair may establish committees as 
 18.16  necessary to carry out this compact and may prescribe their 
 18.17  membership, responsibilities, and duration. 
 18.18                           ARTICLE VII 
 18.19                     RATIFICATION OF COMPACT 
 18.20     This compact shall take effect upon being entered into by 
 18.21  two or more states as between those states and the federal 
 18.22  government.  Upon subsequent entering into this compact by 
 18.23  additional states, it shall become effective among those states 
 18.24  and the federal government and each party state that has 
 18.25  previously ratified it.  When ratified, this compact shall have 
 18.26  the full force and effect of law within the ratifying 
 18.27  jurisdictions.  The form of ratification shall be in accordance 
 18.28  with the laws of the executing state. 
 18.29                           ARTICLE VIII 
 18.30                     MISCELLANEOUS PROVISIONS 
 18.31     (a) [RELATION OF COMPACT TO CERTAIN FBI ACTIVITIES.] 
 18.32  Administration of this compact shall not interfere with the 
 18.33  management and control of the Director of the FBI over the FBI's 
 18.34  collection and dissemination of criminal history records and the 
 18.35  advisory function of the FBI's advisory policy board chartered 
 18.36  under the Federal Advisory Committee Act (5 U.S.C. App.) for all 
 19.1   purposes other than noncriminal justice. 
 19.2      (b) [NO AUTHORITY FOR NONAPPROPRIATED 
 19.3   EXPENDITURES.] Nothing in this compact shall require the FBI to 
 19.4   obligate or expend funds beyond those appropriated to the FBI. 
 19.5      (c) [RELATING TO PUBLIC LAW NUMBER 92-544.] Nothing in this 
 19.6   compact shall diminish or lessen the obligations, 
 19.7   responsibilities, and authorities of any state, whether a party 
 19.8   state or a nonparty state, or of any criminal history record 
 19.9   repository or other subdivision or component thereof, under the 
 19.10  Departments of State, Justice, and Commerce, the Judiciary, and 
 19.11  Related Agencies Appropriation Act, 1973 (Public Law Number 
 19.12  92-544), or regulations and guidelines promulgated thereunder, 
 19.13  including the rules and procedures promulgated by the council 
 19.14  under article VI(a), regarding the use and dissemination of 
 19.15  criminal history records and information. 
 19.16                            ARTICLE IX 
 19.17                           RENUNCIATION 
 19.18     (a) [IN GENERAL.] This compact shall bind each party state 
 19.19  until renounced by the party state. 
 19.20     (b) [EFFECT.] Any renunciation of this compact by a party 
 19.21  state shall: 
 19.22     (1) be effected in the same manner by which the party state 
 19.23  ratified this compact; and 
 19.24     (2) become effective 180 days after written notice of 
 19.25  renunciation is provided by the party state to each other party 
 19.26  state and to the federal government. 
 19.27                            ARTICLE X 
 19.28                           SEVERABILITY 
 19.29     The provisions of this compact shall be severable, and if 
 19.30  any phrase, clause, sentence, or provision of this compact is 
 19.31  declared to be contrary to the constitution of any participating 
 19.32  state, or to the Constitution of the United States, or the 
 19.33  applicability thereof to any government, agency, person, or 
 19.34  circumstance is held invalid, the validity of the remainder of 
 19.35  this compact and the applicability thereof to any government, 
 19.36  agency, person, or circumstance shall not be affected thereby.  
 20.1   If a portion of this compact is held contrary to the 
 20.2   constitution of any party state, all other portions of this 
 20.3   compact shall remain in full force and effect as to the 
 20.4   remaining party states and in full force and effect as to the 
 20.5   party state affected, as to all other provisions. 
 20.6                             ARTICLE XI 
 20.7                      ADJUDICATION OF DISPUTES 
 20.8      (a) [IN GENERAL.] The council shall: 
 20.9      (1) have initial authority to make determinations with 
 20.10  respect to any dispute regarding 
 20.11     (A) interpretation of this compact; 
 20.12     (B) any rule or standard established by the council 
 20.13  pursuant to article V; and 
 20.14     (C) any dispute or controversy between any parties to this 
 20.15  compact; and 
 20.16     (2) hold a hearing concerning any dispute described in 
 20.17  paragraph (1) at a regularly scheduled meeting of the council 
 20.18  and only render a decision based upon a majority vote of the 
 20.19  members of the council.  Such decision shall be published 
 20.20  pursuant to the requirements of article VI(e). 
 20.21     (b) [DUTIES OF THE FBI.] The FBI shall exercise immediate 
 20.22  and necessary action to preserve the integrity of the III 
 20.23  System, maintain system policy and standards, protect the 
 20.24  accuracy and privacy of records, and to prevent abuses, until 
 20.25  the council holds a hearing on such matters. 
 20.26     (c) [RIGHT OF APPEAL.] The FBI or a party state may appeal 
 20.27  any decision of the council to the attorney general, and 
 20.28  thereafter may file suit in the appropriate district court of 
 20.29  the United States, which shall have original jurisdiction of all 
 20.30  cases or controversies arising under this compact.  Any suit 
 20.31  arising under this compact and initiated in a state court shall 
 20.32  be removed to the appropriate district court of the United 
 20.33  States in the manner provided by United States Code, title 28, 
 20.34  section 1446, or other statutory authority. 
 20.35     Sec. 8.  [299C.582] [POWERS WITH RELATION TO COMPACT.] 
 20.36     The commissioner of public safety or a designee is hereby 
 21.1   authorized and directed to do all things necessary or incidental 
 21.2   to the carrying out of the compact.