SF 1030

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data; providing for a National 
  1.3             Crime Prevention and Privacy Compact; providing for an 
  1.4             electronic information sharing system between the 
  1.5             federal government and the state to access criminal 
  1.6             history data; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 299C. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [CITATION.] 
  1.10     Sections 299C.58 and 299C.582 may be cited as the National 
  1.11  Crime Prevention and Privacy Compact. 
  1.12     Sec. 2.  [299C.58] [COMPACT.] 
  1.13     The National Crime Prevention and Privacy Compact is hereby 
  1.14  ratified, enacted into law, and entered into by this state with 
  1.15  any other states legally joining therein in the form 
  1.16  substantially as follows: 
  1.17                            ARTICLE I 
  1.18                           DEFINITIONS 
  1.19     In this compact: 
  1.20     (1) [ATTORNEY GENERAL.] The term "attorney general" means 
  1.21  the Attorney General of the United States. 
  1.22     (2) [COMPACT OFFICER.] The term "compact officer" means 
  1.23     (A) with respect to the federal government, an official so 
  1.24  designated by the director of the FBI; and 
  1.25     (B) with respect to a party state, the chief administrator 
  1.26  of the state's criminal history record repository or a designee 
  2.1   of the chief administrator who is a regular full-time employee 
  2.2   of the repository. 
  2.3      (3) [COUNCIL.] The term "council" means the compact council 
  2.4   established under article VI. 
  2.5      (4) [CRIMINAL HISTORY RECORDS.] The term "criminal history 
  2.6   records" 
  2.7      (A) means information collected by criminal justice 
  2.8   agencies on individuals consisting of identifiable descriptions 
  2.9   and notations of arrests, detentions, indictments, or other 
  2.10  formal criminal charges, and any disposition arising therefrom, 
  2.11  including acquittal, sentencing, correctional supervision, or 
  2.12  release; and 
  2.13     (B) does not include identification information such as 
  2.14  fingerprint records if such information does not indicate 
  2.15  involvement of the individual with the criminal justice system. 
  2.16     (5) [CRIMINAL HISTORY RECORD REPOSITORY.] The term 
  2.17  "criminal history record repository" means the state agency 
  2.18  designated by the governor or other appropriate executive 
  2.19  official or the legislature of a state to perform centralized 
  2.20  recordkeeping functions for criminal history records and 
  2.21  services in the state. 
  2.22     (6) [CRIMINAL JUSTICE.] The term "criminal justice" 
  2.23  includes activities relating to the detection, apprehension, 
  2.24  detention, pretrial release, post-trial release, prosecution, 
  2.25  adjudication, correctional supervision, or rehabilitation of 
  2.26  accused persons or criminal offenders.  The administration of 
  2.27  criminal justice includes criminal identification activities and 
  2.28  the collection, storage, and dissemination of criminal history 
  2.29  records. 
  2.30     (7) [CRIMINAL JUSTICE AGENCY.] The term "criminal justice 
  2.31  agency" 
  2.32     (A) means: 
  2.33     (i) courts; and 
  2.34     (ii) a governmental agency or any subunit thereof that: 
  2.35     (I) performs the administration of criminal justice 
  2.36  pursuant to a statute or executive order; and 
  3.1      (II) allocates a substantial part of its annual budget to 
  3.2   the administration of criminal justice; and 
  3.3      (B) includes federal and state inspectors general offices. 
  3.4      (8) [CRIMINAL JUSTICE SERVICES.] The term "criminal justice 
  3.5   services" means services provided by the FBI to criminal justice 
  3.6   agencies in response to a request for information about a 
  3.7   particular individual or as an update to information previously 
  3.8   provided for criminal justice purposes. 
  3.9      (9) [CRITERION OFFENSE.] The term "criterion offense" means 
  3.10  any felony or misdemeanor offense not included on the list of 
  3.11  nonserious offenses published periodically by the FBI. 
  3.12     (10) [DIRECT ACCESS.] The term "direct access" means access 
  3.13  to the National Identification Index by computer terminal or 
  3.14  other automated means not requiring the assistance of or 
  3.15  intervention by any other party or agency. 
  3.16     (11) [EXECUTIVE ORDER.] The term "executive order" means an 
  3.17  order of the President of the United States or the chief 
  3.18  executive officer of a state that has the force of law and that 
  3.19  is promulgated in accordance with applicable law. 
  3.20     (12) [FBI.] The term "FBI" means the Federal Bureau of 
  3.21  Investigation. 
  3.22     (13) [INTERSTATE IDENTIFICATION SYSTEM.] The term 
  3.23  "Interstate Identification Index System" or "III System" 
  3.24     (A) means the cooperative federal-state system for the 
  3.25  exchange of criminal history records; and 
  3.26     (B) includes the National Identification Index, the 
  3.27  National Fingerprint File, and, to the extent of their 
  3.28  participation in such system, the criminal history record 
  3.29  repositories of the states and the FBI. 
  3.30     (14) [NATIONAL FINGERPRINT FILE.] The term "National 
  3.31  Fingerprint File" means a database of fingerprints, or other 
  3.32  uniquely personal identifying information, relating to an 
  3.33  arrested or charged individual maintained by the FBI to provide 
  3.34  positive identification of record subjects indexed in the III 
  3.35  System. 
  3.36     (15) [NATIONAL IDENTIFICATION INDEX.] The term "National 
  4.1   Identification Index" means an index maintained by the FBI 
  4.2   consisting of names, identifying numbers, and other descriptive 
  4.3   information relating to record subjects about whom there are 
  4.4   criminal history records in the III System. 
  4.5      (16) [NATIONAL INDEXES.] The term "national indexes" means 
  4.6   the National Identification Index and the National Fingerprint 
  4.7   File. 
  4.8      (17) [NONPARTY STATE.] The term "nonparty state" means a 
  4.9   state that has not ratified this compact. 
  4.10     (18) [NONCRIMINAL JUSTICE PURPOSES.] The term "noncriminal 
  4.11  justice purposes" means uses of criminal history records for 
  4.12  purposes authorized by federal or state law other than purposes 
  4.13  relating to criminal justice activities, including employment 
  4.14  suitability, licensing determinations, immigration and 
  4.15  naturalization matters, and national security clearances. 
  4.16     (19) [PARTY STATE.] The term "party state" means a state 
  4.17  that has ratified this compact. 
  4.18     (20) [POSITIVE IDENTIFICATION.] The term "positive 
  4.19  identification" means a determination, based upon a comparison 
  4.20  of fingerprints or other equally reliable biometric 
  4.21  identification techniques, that the subject of a record search 
  4.22  is the same person as the subject of a criminal history record 
  4.23  or records indexed in the III System.  Identifications based 
  4.24  solely upon a comparison of subjects' names or other nonunique 
  4.25  identification characteristics or numbers, or combinations 
  4.26  thereof, shall not constitute positive identification. 
  4.27     (21) [SEALED RECORD INFORMATION.] The term "sealed record 
  4.28  information" means: 
  4.29     (A) with respect to adults, that portion of a record that 
  4.30  is: 
  4.31     (i) not available for criminal justice uses; 
  4.32     (ii) not supported by fingerprints or other accepted means 
  4.33  of positive identification; or 
  4.34     (iii) subject to restrictions on dissemination for 
  4.35  noncriminal justice purposes pursuant to a court order related 
  4.36  to a particular subject or pursuant to a federal or state 
  5.1   statute that requires action on a sealing petition filed by a 
  5.2   particular record subject; and 
  5.3      (B) with respect to juveniles, whatever each state 
  5.4   determines is a sealed record under its own law and procedure. 
  5.5      (22) [STATE.] The term "state" means any state, territory, 
  5.6   or possession of the United States, the District of Columbia, 
  5.7   and the Commonwealth of Puerto Rico. 
  5.8                             ARTICLE II 
  5.9                              PURPOSES 
  5.10     The purposes of this compact are to: 
  5.11     (1) provide a legal framework for the establishment of a 
  5.12  cooperative federal-state system for the interstate and 
  5.13  federal-state exchange of criminal history records for 
  5.14  noncriminal justice uses; 
  5.15     (2) require the FBI to permit use of the National 
  5.16  Identification Index and the National Fingerprint File by each 
  5.17  party state, and to provide, in a timely fashion, federal and 
  5.18  state criminal history records to requesting states, in 
  5.19  accordance with the terms of this compact and with rules, 
  5.20  procedures, and standards established by the council under 
  5.21  article VI; 
  5.22     (3) require party states to provide information and records 
  5.23  for the National Identification Index and the National 
  5.24  Fingerprint File and to provide criminal history records, in a 
  5.25  timely fashion, to criminal history record repositories of other 
  5.26  states and the federal government for noncriminal justice 
  5.27  purposes, in accordance with the terms of this compact and with 
  5.28  rules, procedures, and standards established by the council 
  5.29  under article VI; 
  5.30     (4) provide for the establishment of a council to monitor 
  5.31  III System operations and to prescribe system rules and 
  5.32  procedures for the effective and proper operation of the III 
  5.33  System for noncriminal justice purposes; and 
  5.34     (5) require the FBI and each party state to adhere to III 
  5.35  System standards concerning record dissemination and use, 
  5.36  response times, system security, data quality, and other duly 
  6.1   established standards, including those that enhance the accuracy 
  6.2   and privacy of such records. 
  6.3                            ARTICLE III 
  6.4                RESPONSIBILITIES OF COMPACT PARTIES 
  6.5      (a) [FBI RESPONSIBILITIES.] The director of the FBI shall: 
  6.6      (1) appoint an FBI compact officer who shall: 
  6.7      (A) administer this compact within the Department of 
  6.8   Justice and among federal agencies and other agencies and 
  6.9   organizations that submit search requests to the FBI pursuant to 
  6.10  article V(c); 
  6.11     (B) ensure that compact provisions and rules, procedures, 
  6.12  and standards prescribed by the council under article VI are 
  6.13  complied with by the Department of Justice and the federal 
  6.14  agencies and other agencies and organizations referred to in 
  6.15  article III(1)(A); and 
  6.16     (C) regulate the use of records received by means of the 
  6.17  III System from party states when such records are supplied by 
  6.18  the FBI directly to other federal agencies; 
  6.19     (2) provide to federal agencies and to state criminal 
  6.20  history record repositories, criminal history records maintained 
  6.21  in its database for the noncriminal justice purposes described 
  6.22  in article IV, including: 
  6.23     (A) information from nonparty states; and 
  6.24     (B) information from party states that is available from 
  6.25  the FBI through the III System, but is not available from the 
  6.26  party state through the III System; 
  6.27     (3) provide a telecommunications network and maintain 
  6.28  centralized facilities for the exchange of criminal history 
  6.29  records for both criminal justice purposes and the noncriminal 
  6.30  justice purposes described in article IV, and ensure that the 
  6.31  exchange of such records for criminal justice purposes has 
  6.32  priority over exchange for noncriminal justice purposes; and 
  6.33     (4) modify or enter into user agreements with nonparty 
  6.34  state criminal history record repositories to require them to 
  6.35  establish record request procedures conforming to those 
  6.36  prescribed in article V. 
  7.1      (b) [STATE RESPONSIBILITIES.] Each party state shall: 
  7.2      (1) appoint a compact officer who shall: 
  7.3      (A) administer this compact within that state; 
  7.4      (B) ensure that compact provisions and rules, procedures, 
  7.5   and standards established by the council under article VI are 
  7.6   complied with in the state; and 
  7.7      (C) regulate the in-state use of records received by means 
  7.8   of the III System from the FBI or from other party states; 
  7.9      (2) establish and maintain a criminal history record 
  7.10  repository, which shall provide: 
  7.11     (A) information and records for the National Identification 
  7.12  Index and the National Fingerprint File; and 
  7.13     (B) the state's III System-indexed criminal history records 
  7.14  for noncriminal justice purposes described in article IV; 
  7.15     (3) participate in the National Fingerprint File; and 
  7.16     (4) provide and maintain telecommunications links and 
  7.17  related equipment necessary to support the services set forth in 
  7.18  this compact. 
  7.19     (c) [COMPLIANCE WITH III SYSTEM STANDARDS.] In carrying out 
  7.20  their responsibilities under this compact, the FBI and each 
  7.21  party state shall comply with III System rules, procedures, and 
  7.22  standards duly established by the council concerning record 
  7.23  dissemination and use, response times, data quality, system 
  7.24  security, accuracy, privacy protection, and other aspects of III 
  7.25  System operation. 
  7.26     (d) [MAINTENANCE OF RECORD SERVICES.] 
  7.27     (1) Use of the III System for noncriminal justice purposes 
  7.28  authorized in this compact shall be managed so as not to 
  7.29  diminish the level of services provided in support of criminal 
  7.30  justice purposes. 
  7.31     (2) Administration of compact provisions shall not reduce 
  7.32  the level of service available to authorized noncriminal justice 
  7.33  users on the effective date of this compact. 
  7.34                            ARTICLE IV 
  7.35                  AUTHORIZED RECORD DISCLOSURES 
  7.36     (a) [STATE CRIMINAL HISTORY RECORD REPOSITORIES.] To the 
  8.1   extent authorized by United States Code, title 5, section 552a, 
  8.2   commonly known as the "Privacy Act of 1974," the FBI shall 
  8.3   provide on request criminal history records (excluding sealed 
  8.4   records) to state criminal history record repositories for 
  8.5   noncriminal justice purposes allowed by federal statute, federal 
  8.6   executive order, or a state statute that has been approved by 
  8.7   the attorney general and that authorizes national indexes checks.
  8.8      (b) [CRIMINAL JUSTICE AGENCIES AND OTHER GOVERNMENTAL OR 
  8.9   NONGOVERNMENTAL AGENCIES.] The FBI, to the extent authorized by 
  8.10  United States Code, title 5, section 552a, commonly known as the 
  8.11  "Privacy Act of 1974," and state criminal history record 
  8.12  repositories shall provide criminal history records (excluding 
  8.13  sealed records) to criminal justice agencies and other 
  8.14  governmental or nongovernmental agencies for noncriminal justice 
  8.15  purposes allowed by federal statute, federal executive order, or 
  8.16  a state statute that has been approved by the attorney general, 
  8.17  that authorizes national indexes checks. 
  8.18     (c) [PROCEDURES.] Any record obtained under this compact 
  8.19  may be used only for the official purposes for which the record 
  8.20  was requested.  Each compact officer shall establish procedures, 
  8.21  consistent with this compact, and with rules, procedures, and 
  8.22  standards established by the council under article VI, which 
  8.23  procedures shall protect the accuracy and privacy of the 
  8.24  records, and shall: 
  8.25     (1) ensure that records obtained under this compact are 
  8.26  used only by authorized officials for authorized purposes; 
  8.27     (2) require that subsequent record checks are requested to 
  8.28  obtain current information whenever a new need arises; and 
  8.29     (3) ensure that record entries that may not legally be used 
  8.30  for a particular noncriminal justice purpose are deleted from 
  8.31  the response and, if no information authorized for release 
  8.32  remains, an appropriate "no record" response is communicated to 
  8.33  the requesting official. 
  8.34                            ARTICLE V 
  8.35                    RECORD REQUEST PROCEDURES 
  8.36     (a) [POSITIVE IDENTIFICATION.] Subject fingerprints or 
  9.1   other approved forms of positive identification shall be 
  9.2   submitted with all requests for criminal history record checks 
  9.3   for noncriminal justice purposes. 
  9.4      (b) [SUBMISSION OF STATE REQUESTS.] Each request for a 
  9.5   criminal history record check utilizing the national indexes 
  9.6   made under any approved state statute shall be submitted through 
  9.7   that state's criminal history record repository.  A state 
  9.8   criminal history record repository shall process an interstate 
  9.9   request for noncriminal justice purposes through the national 
  9.10  indexes only if such request is transmitted through another 
  9.11  state criminal history record repository or the FBI. 
  9.12     (c) [SUBMISSION OF FEDERAL REQUESTS.] Each request for 
  9.13  criminal history record checks utilizing the national indexes 
  9.14  made under federal authority shall be submitted through the FBI 
  9.15  or, if the state criminal history record repository consents to 
  9.16  process fingerprint submissions, through the criminal history 
  9.17  record repository in the state in which such request 
  9.18  originated.  Direct access to the National Identification Index 
  9.19  by entities other than the FBI and state criminal history 
  9.20  records repositories shall not be permitted for noncriminal 
  9.21  justice purposes. 
  9.22     (d) [FEES.] A state criminal history record repository or 
  9.23  the FBI: 
  9.24     (1) may charge a fee, in accordance with applicable law, 
  9.25  for handling a request involving fingerprint processing for 
  9.26  noncriminal justice purposes; and 
  9.27     (2) may not charge a fee for providing criminal history 
  9.28  records in response to an electronic request for a record that 
  9.29  does not involve a request to process fingerprints. 
  9.30     (e) [ADDITIONAL SEARCH.] 
  9.31     (1) If a state criminal history record repository cannot 
  9.32  positively identify the subject of a record request made for 
  9.33  noncriminal justice purposes, the request, together with 
  9.34  fingerprints or other approved identifying information, shall be 
  9.35  forwarded to the FBI for a search of the national indexes. 
  9.36     (2) If, with respect to a request forwarded by a state 
 10.1   criminal history record repository under paragraph (1), the FBI 
 10.2   positively identifies the subject as having a III System-indexed 
 10.3   record or records; 
 10.4      (A) the FBI shall so advise the state criminal history 
 10.5   record repository; and 
 10.6      (B) the state criminal history record repository shall be 
 10.7   entitled to obtain the additional criminal history record 
 10.8   information from the FBI or other state criminal history record 
 10.9   repositories. 
 10.10                            ARTICLE VI 
 10.11                 ESTABLISHMENT OF COMPACT COUNCIL
 10.12     (a) [ESTABLISHMENT.] 
 10.13     (1) [IN GENERAL.] There is established a council to be 
 10.14  known as the "Compact Council," which shall have the authority 
 10.15  to promulgate rules and procedures governing the use of the III 
 10.16  System for noncriminal justice purposes, not to conflict with 
 10.17  FBI administration of the III System for criminal justice 
 10.18  purposes.  
 10.19     (2) [ORGANIZATION.] The council shall: 
 10.20     (A) continue in existence as long as this compact remains 
 10.21  in effect; 
 10.22     (B) be located, for administrative purposes, within the 
 10.23  FBI; and 
 10.24     (C) be organized and hold its first meeting as soon as 
 10.25  practicable after the effective date of this Compact. 
 10.26     (b) [MEMBERSHIP.] The council shall be composed of 15 
 10.27  members, each of whom shall be appointed by the attorney 
 10.28  general, as follows. 
 10.29     (1) Nine members, each of whom shall serve a two-year term, 
 10.30  who shall be selected from among the compact officers of party 
 10.31  states based on the recommendation of the compact officers of 
 10.32  all party states, except that, in the absence of the requisite 
 10.33  number of compact officers available to serve, the chief 
 10.34  administrators of the criminal history record repositories of 
 10.35  nonparty states shall be eligible to serve on an interim basis. 
 10.36     (2) Two at-large members, nominated by the Director of the 
 11.1   FBI, each of whom shall serve a three-year term, of whom: 
 11.2      (A) one shall be a representative of the criminal justice 
 11.3   agencies of the federal government and may not be an employee of 
 11.4   the FBI; and 
 11.5      (B) one shall be a representative of the noncriminal 
 11.6   justice agencies of the federal government. 
 11.7      (3) Two at-large members, nominated by the chairman of the 
 11.8   council, once the chair is elected pursuant to article VI(c), 
 11.9   each of whom shall serve a three-year term, of whom: 
 11.10     (A) one shall be a representative of state or local 
 11.11  criminal justice agencies; and 
 11.12     (B) one shall be a representative of state or local 
 11.13  noncriminal justice agencies. 
 11.14     (4) One member, who shall serve a three-year term, and who 
 11.15  shall simultaneously be a member of the FBI's advisory policy 
 11.16  board on criminal justice information services, nominated by the 
 11.17  membership of that policy board. 
 11.18     (5) One member, nominated by the Director of the FBI, who 
 11.19  shall serve a three-year term, and who shall be an employee of 
 11.20  the FBI. 
 11.21     (c) [CHAIR AND VICE-CHAIR.] 
 11.22     (1) [IN GENERAL.] From its membership, the council shall 
 11.23  elect a chair and a vice-chair of the council, respectively.  
 11.24  Both the chair and vice-chair of the council: 
 11.25     (A) shall be a compact officer, unless there is no compact 
 11.26  officer on the council who is willing to serve, in which case 
 11.27  the chair may be an at-large member; and 
 11.28     (B) shall serve a two-year term and may be reelected to 
 11.29  only one additional two-year term. 
 11.30     (2) [DUTIES OF VICE-CHAIR.] The vice-chair of the council 
 11.31  shall serve as the chair of the council in the absence of the 
 11.32  chair. 
 11.33     (d) [MEETINGS.] 
 11.34     (1) [IN GENERAL.] The council shall meet at least once each 
 11.35  year at the call of the chair.  Each meeting of the council 
 11.36  shall be open to the public.  The council shall provide prior 
 12.1   public notice in the Federal Register of each meeting of the 
 12.2   Council, including the matters to be addressed at such meeting. 
 12.3      (2) [QUORUM.] A majority of the council or any committee of 
 12.4   the council shall constitute a quorum of the council or of such 
 12.5   committee, respectively, for the conduct of business.  A lesser 
 12.6   number may meet to hold hearings, take testimony, or conduct any 
 12.7   business not requiring a vote. 
 12.8      (e) [RULES, PROCEDURES, AND STANDARDS.] The council shall 
 12.9   make available for public inspection and copying at the council 
 12.10  office within the FBI, and shall publish in the Federal 
 12.11  Register, any rules, procedures, or standards established by the 
 12.12  council. 
 12.13     (f) [ASSISTANCE FROM FBI.] The council may request from the 
 12.14  FBI such reports, studies, statistics, or other information or 
 12.15  materials as the council determines to be necessary to enable 
 12.16  the council to perform its duties under this compact.  The FBI, 
 12.17  to the extent authorized by law, may provide such assistance or 
 12.18  information upon such a request. 
 12.19     (g) [COMMITTEES.] The chair may establish committees as 
 12.20  necessary to carry out this compact and may prescribe their 
 12.21  membership, responsibilities, and duration. 
 12.22                           ARTICLE VII 
 12.23                     RATIFICATION OF COMPACT 
 12.24     This compact shall take effect upon being entered into by 
 12.25  two or more states as between those states and the federal 
 12.26  government.  Upon subsequent entering into this compact by 
 12.27  additional states, it shall become effective among those states 
 12.28  and the federal government and each party state that has 
 12.29  previously ratified it.  When ratified, this compact shall have 
 12.30  the full force and effect of law within the ratifying 
 12.31  jurisdictions.  The form of ratification shall be in accordance 
 12.32  with the laws of the executing state. 
 12.33                           ARTICLE VIII 
 12.34                     MISCELLANEOUS PROVISIONS 
 12.35     (a) [RELATION OF COMPACT TO CERTAIN FBI ACTIVITIES.] 
 12.36  Administration of this compact shall not interfere with the 
 13.1   management and control of the Director of the FBI over the FBI's 
 13.2   collection and dissemination of criminal history records and the 
 13.3   advisory function of the FBI's advisory policy board chartered 
 13.4   under the Federal Advisory Committee Act (5 U.S.C. App.) for all 
 13.5   purposes other than noncriminal justice. 
 13.6      (b) [NO AUTHORITY FOR NONAPPROPRIATED 
 13.7   EXPENDITURES.] Nothing in this compact shall require the FBI to 
 13.8   obligate or expend funds beyond those appropriated to the FBI. 
 13.9      (c) [RELATING TO PUBLIC LAW NUMBER 92-544.] Nothing in this 
 13.10  compact shall diminish or lessen the obligations, 
 13.11  responsibilities, and authorities of any state, whether a party 
 13.12  state or a nonparty state, or of any criminal history record 
 13.13  repository or other subdivision or component thereof, under the 
 13.14  Departments of State, Justice, and Commerce, the Judiciary, and 
 13.15  Related Agencies Appropriation Act, 1973 (Public Law Number 
 13.16  92-544), or regulations and guidelines promulgated thereunder, 
 13.17  including the rules and procedures promulgated by the council 
 13.18  under article VI(a), regarding the use and dissemination of 
 13.19  criminal history records and information. 
 13.20                            ARTICLE IX 
 13.21                           RENUNCIATION 
 13.22     (a) [IN GENERAL.] This compact shall bind each party state 
 13.23  until renounced by the party state. 
 13.24     (b) [EFFECT.] Any renunciation of this compact by a party 
 13.25  state shall: 
 13.26     (1) be effected in the same manner by which the party state 
 13.27  ratified this compact; and 
 13.28     (2) become effective 180 days after written notice of 
 13.29  renunciation is provided by the party state to each other party 
 13.30  state and to the federal government. 
 13.31                            ARTICLE X 
 13.32                           SEVERABILITY 
 13.33     The provisions of this compact shall be severable, and if 
 13.34  any phrase, clause, sentence, or provision of this compact is 
 13.35  declared to be contrary to the constitution of any participating 
 13.36  state, or to the Constitution of the United States, or the 
 14.1   applicability thereof to any government, agency, person, or 
 14.2   circumstance is held invalid, the validity of the remainder of 
 14.3   this compact and the applicability thereof to any government, 
 14.4   agency, person, or circumstance shall not be affected thereby.  
 14.5   If a portion of this compact is held contrary to the 
 14.6   constitution of any party state, all other portions of this 
 14.7   compact shall remain in full force and effect as to the 
 14.8   remaining party states and in full force and effect as to the 
 14.9   party state affected, as to all other provisions. 
 14.10                            ARTICLE XI 
 14.11                     ADJUDICATION OF DISPUTES 
 14.12     (a) [IN GENERAL.] The council shall: 
 14.13     (1) have initial authority to make determinations with 
 14.14  respect to any dispute regarding 
 14.15     (A) interpretation of this compact; 
 14.16     (B) any rule or standard established by the council 
 14.17  pursuant to article V; and 
 14.18     (C) any dispute or controversy between any parties to this 
 14.19  compact; and 
 14.20     (2) hold a hearing concerning any dispute described in 
 14.21  paragraph (1) at a regularly scheduled meeting of the council 
 14.22  and only render a decision based upon a majority vote of the 
 14.23  members of the council.  Such decision shall be published 
 14.24  pursuant to the requirements of article VI(e). 
 14.25     (b) [DUTIES OF THE FBI.] The FBI shall exercise immediate 
 14.26  and necessary action to preserve the integrity of the III 
 14.27  System, maintain system policy and standards, protect the 
 14.28  accuracy and privacy of records, and to prevent abuses, until 
 14.29  the council holds a hearing on such matters. 
 14.30     (c) [RIGHT OF APPEAL.] The FBI or a party state may appeal 
 14.31  any decision of the council to the attorney general, and 
 14.32  thereafter may file suit in the appropriate district court of 
 14.33  the United States, which shall have original jurisdiction of all 
 14.34  cases or controversies arising under this compact.  Any suit 
 14.35  arising under this compact and initiated in a state court shall 
 14.36  be removed to the appropriate district court of the United 
 15.1   States in the manner provided by United States Code, title 28, 
 15.2   section 1446, or other statutory authority. 
 15.3      Sec. 3.  [299C.582] [POWERS WITH RELATION TO COMPACT.] 
 15.4      The commissioner of public safety or a designee is hereby 
 15.5   authorized and directed to do all things necessary or incidental 
 15.6   to the carrying out of the compact.