Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 269-S.F.No. 1030
An act relating to government data; providing for a
National Crime Prevention and Privacy Compact;
providing for an electronic information sharing system
between the federal government and the state to access
criminal history data; proposing coding for new law in
Minnesota Statutes, chapter 299C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [299C.57] [CITATION.]
Sections 299C.58 and 299C.582 may be cited as the National
Crime Prevention and Privacy Compact.
Sec. 2. [299C.58] [COMPACT.]
The National Crime Prevention and Privacy Compact is hereby
ratified, enacted into law, and entered into by this state with
any other states legally joining therein in the form
substantially as follows:
ARTICLE I
DEFINITIONS
In this compact:
(1) [ATTORNEY GENERAL.] The term "attorney general" means
the Attorney General of the United States.
(2) [COMPACT OFFICER.] The term "compact officer" means
(A) with respect to the federal government, an official so
designated by the director of the FBI; and
(B) with respect to a party state, the chief administrator
of the state's criminal history record repository or a designee
of the chief administrator who is a regular full-time employee
of the repository.
(3) [COUNCIL.] The term "council" means the compact council
established under article VI.
(4) [CRIMINAL HISTORY RECORDS.] The term "criminal history
records"
(A) means information collected by criminal justice
agencies on individuals consisting of identifiable descriptions
and notations of arrests, detentions, indictments, or other
formal criminal charges, and any disposition arising therefrom,
including acquittal, sentencing, correctional supervision, or
release; and
(B) does not include identification information such as
fingerprint records if such information does not indicate
involvement of the individual with the criminal justice system.
(5) [CRIMINAL HISTORY RECORD REPOSITORY.] The term
"criminal history record repository" means the state agency
designated by the governor or other appropriate executive
official or the legislature of a state to perform centralized
recordkeeping functions for criminal history records and
services in the state.
(6) [CRIMINAL JUSTICE.] The term "criminal justice"
includes activities relating to the detection, apprehension,
detention, pretrial release, post-trial release, prosecution,
adjudication, correctional supervision, or rehabilitation of
accused persons or criminal offenders. The administration of
criminal justice includes criminal identification activities and
the collection, storage, and dissemination of criminal history
records.
(7) [CRIMINAL JUSTICE AGENCY.] The term "criminal justice
agency"
(A) means:
(i) courts; and
(ii) a governmental agency or any subunit thereof that:
(I) performs the administration of criminal justice
pursuant to a statute or executive order; and
(II) allocates a substantial part of its annual budget to
the administration of criminal justice; and
(B) includes federal and state inspectors general offices.
(8) [CRIMINAL JUSTICE SERVICES.] The term "criminal justice
services" means services provided by the FBI to criminal justice
agencies in response to a request for information about a
particular individual or as an update to information previously
provided for criminal justice purposes.
(9) [CRITERION OFFENSE.] The term "criterion offense" means
any felony or misdemeanor offense not included on the list of
nonserious offenses published periodically by the FBI.
(10) [DIRECT ACCESS.] The term "direct access" means access
to the National Identification Index by computer terminal or
other automated means not requiring the assistance of or
intervention by any other party or agency.
(11) [EXECUTIVE ORDER.] The term "executive order" means an
order of the President of the United States or the chief
executive officer of a state that has the force of law and that
is promulgated in accordance with applicable law.
(12) [FBI.] The term "FBI" means the Federal Bureau of
Investigation.
(13) [INTERSTATE IDENTIFICATION SYSTEM.] The term
"Interstate Identification Index System" or "III System"
(A) means the cooperative federal-state system for the
exchange of criminal history records; and
(B) includes the National Identification Index, the
National Fingerprint File, and, to the extent of their
participation in such system, the criminal history record
repositories of the states and the FBI.
(14) [NATIONAL FINGERPRINT FILE.] The term "National
Fingerprint File" means a database of fingerprints, or other
uniquely personal identifying information, relating to an
arrested or charged individual maintained by the FBI to provide
positive identification of record subjects indexed in the III
System.
(15) [NATIONAL IDENTIFICATION INDEX.] The term "National
Identification Index" means an index maintained by the FBI
consisting of names, identifying numbers, and other descriptive
information relating to record subjects about whom there are
criminal history records in the III System.
(16) [NATIONAL INDEXES.] The term "national indexes" means
the National Identification Index and the National Fingerprint
File.
(17) [NONPARTY STATE.] The term "nonparty state" means a
state that has not ratified this compact.
(18) [NONCRIMINAL JUSTICE PURPOSES.] The term "noncriminal
justice purposes" means uses of criminal history records for
purposes authorized by federal or state law other than purposes
relating to criminal justice activities, including employment
suitability, licensing determinations, immigration and
naturalization matters, and national security clearances.
(19) [PARTY STATE.] The term "party state" means a state
that has ratified this compact.
(20) [POSITIVE IDENTIFICATION.] The term "positive
identification" means a determination, based upon a comparison
of fingerprints or other equally reliable biometric
identification techniques, that the subject of a record search
is the same person as the subject of a criminal history record
or records indexed in the III System. Identifications based
solely upon a comparison of subjects' names or other nonunique
identification characteristics or numbers, or combinations
thereof, shall not constitute positive identification.
(21) [SEALED RECORD INFORMATION.] The term "sealed record
information" means:
(A) with respect to adults, that portion of a record that
is:
(i) not available for criminal justice uses;
(ii) not supported by fingerprints or other accepted means
of positive identification; or
(iii) subject to restrictions on dissemination for
noncriminal justice purposes pursuant to a court order related
to a particular subject or pursuant to a federal or state
statute that requires action on a sealing petition filed by a
particular record subject; and
(B) with respect to juveniles, whatever each state
determines is a sealed record under its own law and procedure.
(22) [STATE.] The term "state" means any state, territory,
or possession of the United States, the District of Columbia,
and the Commonwealth of Puerto Rico.
ARTICLE II
PURPOSES
The purposes of this compact are to:
(1) provide a legal framework for the establishment of a
cooperative federal-state system for the interstate and
federal-state exchange of criminal history records for
noncriminal justice uses;
(2) require the FBI to permit use of the National
Identification Index and the National Fingerprint File by each
party state, and to provide, in a timely fashion, federal and
state criminal history records to requesting states, in
accordance with the terms of this compact and with rules,
procedures, and standards established by the council under
article VI;
(3) require party states to provide information and records
for the National Identification Index and the National
Fingerprint File and to provide criminal history records, in a
timely fashion, to criminal history record repositories of other
states and the federal government for noncriminal justice
purposes, in accordance with the terms of this compact and with
rules, procedures, and standards established by the council
under article VI;
(4) provide for the establishment of a council to monitor
III System operations and to prescribe system rules and
procedures for the effective and proper operation of the III
System for noncriminal justice purposes; and
(5) require the FBI and each party state to adhere to III
System standards concerning record dissemination and use,
response times, system security, data quality, and other duly
established standards, including those that enhance the accuracy
and privacy of such records.
ARTICLE III
RESPONSIBILITIES OF COMPACT PARTIES
(a) [FBI RESPONSIBILITIES.] The director of the FBI shall:
(1) appoint an FBI compact officer who shall:
(A) administer this compact within the Department of
Justice and among federal agencies and other agencies and
organizations that submit search requests to the FBI pursuant to
article V(c);
(B) ensure that compact provisions and rules, procedures,
and standards prescribed by the council under article VI are
complied with by the Department of Justice and the federal
agencies and other agencies and organizations referred to in
article III(1)(A); and
(C) regulate the use of records received by means of the
III System from party states when such records are supplied by
the FBI directly to other federal agencies;
(2) provide to federal agencies and to state criminal
history record repositories, criminal history records maintained
in its database for the noncriminal justice purposes described
in article IV, including:
(A) information from nonparty states; and
(B) information from party states that is available from
the FBI through the III System, but is not available from the
party state through the III System;
(3) provide a telecommunications network and maintain
centralized facilities for the exchange of criminal history
records for both criminal justice purposes and the noncriminal
justice purposes described in article IV, and ensure that the
exchange of such records for criminal justice purposes has
priority over exchange for noncriminal justice purposes; and
(4) modify or enter into user agreements with nonparty
state criminal history record repositories to require them to
establish record request procedures conforming to those
prescribed in article V.
(b) [STATE RESPONSIBILITIES.] Each party state shall:
(1) appoint a compact officer who shall:
(A) administer this compact within that state;
(B) ensure that compact provisions and rules, procedures,
and standards established by the council under article VI are
complied with in the state; and
(C) regulate the in-state use of records received by means
of the III System from the FBI or from other party states;
(2) establish and maintain a criminal history record
repository, which shall provide:
(A) information and records for the National Identification
Index and the National Fingerprint File; and
(B) the state's III System-indexed criminal history records
for noncriminal justice purposes described in article IV;
(3) participate in the National Fingerprint File; and
(4) provide and maintain telecommunications links and
related equipment necessary to support the services set forth in
this compact.
(c) [COMPLIANCE WITH III SYSTEM STANDARDS.] In carrying out
their responsibilities under this compact, the FBI and each
party state shall comply with III System rules, procedures, and
standards duly established by the council concerning record
dissemination and use, response times, data quality, system
security, accuracy, privacy protection, and other aspects of III
System operation.
(d) [MAINTENANCE OF RECORD SERVICES.]
(1) Use of the III System for noncriminal justice purposes
authorized in this compact shall be managed so as not to
diminish the level of services provided in support of criminal
justice purposes.
(2) Administration of compact provisions shall not reduce
the level of service available to authorized noncriminal justice
users on the effective date of this compact.
ARTICLE IV
AUTHORIZED RECORD DISCLOSURES
(a) [STATE CRIMINAL HISTORY RECORD REPOSITORIES.] To the
extent authorized by United States Code, title 5, section 552a,
commonly known as the "Privacy Act of 1974," the FBI shall
provide on request criminal history records (excluding sealed
records) to state criminal history record repositories for
noncriminal justice purposes allowed by federal statute, federal
executive order, or a state statute that has been approved by
the attorney general and that authorizes national indexes checks.
(b) [CRIMINAL JUSTICE AGENCIES AND OTHER GOVERNMENTAL OR
NONGOVERNMENTAL AGENCIES.] The FBI, to the extent authorized by
United States Code, title 5, section 552a, commonly known as the
"Privacy Act of 1974," and state criminal history record
repositories shall provide criminal history records (excluding
sealed records) to criminal justice agencies and other
governmental or nongovernmental agencies for noncriminal justice
purposes allowed by federal statute, federal executive order, or
a state statute that has been approved by the attorney general,
that authorizes national indexes checks.
(c) [PROCEDURES.] Any record obtained under this compact
may be used only for the official purposes for which the record
was requested. Each compact officer shall establish procedures,
consistent with this compact, and with rules, procedures, and
standards established by the council under article VI, which
procedures shall protect the accuracy and privacy of the
records, and shall:
(1) ensure that records obtained under this compact are
used only by authorized officials for authorized purposes;
(2) require that subsequent record checks are requested to
obtain current information whenever a new need arises; and
(3) ensure that record entries that may not legally be used
for a particular noncriminal justice purpose are deleted from
the response and, if no information authorized for release
remains, an appropriate "no record" response is communicated to
the requesting official.
ARTICLE V
RECORD REQUEST PROCEDURES
(a) [POSITIVE IDENTIFICATION.] Subject fingerprints or
other approved forms of positive identification shall be
submitted with all requests for criminal history record checks
for noncriminal justice purposes.
(b) [SUBMISSION OF STATE REQUESTS.] Each request for a
criminal history record check utilizing the national indexes
made under any approved state statute shall be submitted through
that state's criminal history record repository. A state
criminal history record repository shall process an interstate
request for noncriminal justice purposes through the national
indexes only if such request is transmitted through another
state criminal history record repository or the FBI.
(c) [SUBMISSION OF FEDERAL REQUESTS.] Each request for
criminal history record checks utilizing the national indexes
made under federal authority shall be submitted through the FBI
or, if the state criminal history record repository consents to
process fingerprint submissions, through the criminal history
record repository in the state in which such request
originated. Direct access to the National Identification Index
by entities other than the FBI and state criminal history
records repositories shall not be permitted for noncriminal
justice purposes.
(d) [FEES.] A state criminal history record repository or
the FBI:
(1) may charge a fee, in accordance with applicable law,
for handling a request involving fingerprint processing for
noncriminal justice purposes; and
(2) may not charge a fee for providing criminal history
records in response to an electronic request for a record that
does not involve a request to process fingerprints.
(e) [ADDITIONAL SEARCH.]
(1) If a state criminal history record repository cannot
positively identify the subject of a record request made for
noncriminal justice purposes, the request, together with
fingerprints or other approved identifying information, shall be
forwarded to the FBI for a search of the national indexes.
(2) If, with respect to a request forwarded by a state
criminal history record repository under paragraph (1), the FBI
positively identifies the subject as having a III System-indexed
record or records;
(A) the FBI shall so advise the state criminal history
record repository; and
(B) the state criminal history record repository shall be
entitled to obtain the additional criminal history record
information from the FBI or other state criminal history record
repositories.
ARTICLE VI
ESTABLISHMENT OF COMPACT COUNCIL
(a) [ESTABLISHMENT.]
(1) [IN GENERAL.] There is established a council to be
known as the "Compact Council," which shall have the authority
to promulgate rules and procedures governing the use of the III
System for noncriminal justice purposes, not to conflict with
FBI administration of the III System for criminal justice
purposes.
(2) [ORGANIZATION.] The council shall:
(A) continue in existence as long as this compact remains
in effect;
(B) be located, for administrative purposes, within the
FBI; and
(C) be organized and hold its first meeting as soon as
practicable after the effective date of this Compact.
(b) [MEMBERSHIP.] The council shall be composed of 15
members, each of whom shall be appointed by the attorney
general, as follows.
(1) Nine members, each of whom shall serve a two-year term,
who shall be selected from among the compact officers of party
states based on the recommendation of the compact officers of
all party states, except that, in the absence of the requisite
number of compact officers available to serve, the chief
administrators of the criminal history record repositories of
nonparty states shall be eligible to serve on an interim basis.
(2) Two at-large members, nominated by the Director of the
FBI, each of whom shall serve a three-year term, of whom:
(A) one shall be a representative of the criminal justice
agencies of the federal government and may not be an employee of
the FBI; and
(B) one shall be a representative of the noncriminal
justice agencies of the federal government.
(3) Two at-large members, nominated by the chairman of the
council, once the chair is elected pursuant to article VI(c),
each of whom shall serve a three-year term, of whom:
(A) one shall be a representative of state or local
criminal justice agencies; and
(B) one shall be a representative of state or local
noncriminal justice agencies.
(4) One member, who shall serve a three-year term, and who
shall simultaneously be a member of the FBI's advisory policy
board on criminal justice information services, nominated by the
membership of that policy board.
(5) One member, nominated by the Director of the FBI, who
shall serve a three-year term, and who shall be an employee of
the FBI.
(c) [CHAIR AND VICE-CHAIR.]
(1) [IN GENERAL.] From its membership, the council shall
elect a chair and a vice-chair of the council, respectively.
Both the chair and vice-chair of the council:
(A) shall be a compact officer, unless there is no compact
officer on the council who is willing to serve, in which case
the chair may be an at-large member; and
(B) shall serve a two-year term and may be reelected to
only one additional two-year term.
(2) [DUTIES OF VICE-CHAIR.] The vice-chair of the council
shall serve as the chair of the council in the absence of the
chair.
(d) [MEETINGS.]
(1) [IN GENERAL.] The council shall meet at least once each
year at the call of the chair. Each meeting of the council
shall be open to the public. The council shall provide prior
public notice in the Federal Register of each meeting of the
Council, including the matters to be addressed at such meeting.
(2) [QUORUM.] A majority of the council or any committee of
the council shall constitute a quorum of the council or of such
committee, respectively, for the conduct of business. A lesser
number may meet to hold hearings, take testimony, or conduct any
business not requiring a vote.
(e) [RULES, PROCEDURES, AND STANDARDS.] The council shall
make available for public inspection and copying at the council
office within the FBI, and shall publish in the Federal
Register, any rules, procedures, or standards established by the
council.
(f) [ASSISTANCE FROM FBI.] The council may request from the
FBI such reports, studies, statistics, or other information or
materials as the council determines to be necessary to enable
the council to perform its duties under this compact. The FBI,
to the extent authorized by law, may provide such assistance or
information upon such a request.
(g) [COMMITTEES.] The chair may establish committees as
necessary to carry out this compact and may prescribe their
membership, responsibilities, and duration.
ARTICLE VII
RATIFICATION OF COMPACT
This compact shall take effect upon being entered into by
two or more states as between those states and the federal
government. Upon subsequent entering into this compact by
additional states, it shall become effective among those states
and the federal government and each party state that has
previously ratified it. When ratified, this compact shall have
the full force and effect of law within the ratifying
jurisdictions. The form of ratification shall be in accordance
with the laws of the executing state.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
(a) [RELATION OF COMPACT TO CERTAIN FBI ACTIVITIES.]
Administration of this compact shall not interfere with the
management and control of the Director of the FBI over the FBI's
collection and dissemination of criminal history records and the
advisory function of the FBI's advisory policy board chartered
under the Federal Advisory Committee Act (5 U.S.C. App.) for all
purposes other than noncriminal justice.
(b) [NO AUTHORITY FOR NONAPPROPRIATED
EXPENDITURES.] Nothing in this compact shall require the FBI to
obligate or expend funds beyond those appropriated to the FBI.
(c) [RELATING TO PUBLIC LAW NUMBER 92-544.] Nothing in this
compact shall diminish or lessen the obligations,
responsibilities, and authorities of any state, whether a party
state or a nonparty state, or of any criminal history record
repository or other subdivision or component thereof, under the
Departments of State, Justice, and Commerce, the Judiciary, and
Related Agencies Appropriation Act, 1973 (Public Law Number
92-544), or regulations and guidelines promulgated thereunder,
including the rules and procedures promulgated by the council
under article VI(a), regarding the use and dissemination of
criminal history records and information.
ARTICLE IX
RENUNCIATION
(a) [IN GENERAL.] This compact shall bind each party state
until renounced by the party state.
(b) [EFFECT.] Any renunciation of this compact by a party
state shall:
(1) be effected in the same manner by which the party state
ratified this compact; and
(2) become effective 180 days after written notice of
renunciation is provided by the party state to each other party
state and to the federal government.
ARTICLE X
SEVERABILITY
The provisions of this compact shall be severable, and if
any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any participating
state, or to the Constitution of the United States, or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby.
If a portion of this compact is held contrary to the
constitution of any party state, all other portions of this
compact shall remain in full force and effect as to the
remaining party states and in full force and effect as to the
party state affected, as to all other provisions.
ARTICLE XI
ADJUDICATION OF DISPUTES
(a) [IN GENERAL.] The council shall:
(1) have initial authority to make determinations with
respect to any dispute regarding
(A) interpretation of this compact;
(B) any rule or standard established by the council
pursuant to article V; and
(C) any dispute or controversy between any parties to this
compact; and
(2) hold a hearing concerning any dispute described in
paragraph (1) at a regularly scheduled meeting of the council
and only render a decision based upon a majority vote of the
members of the council. Such decision shall be published
pursuant to the requirements of article VI(e).
(b) [DUTIES OF THE FBI.] The FBI shall exercise immediate
and necessary action to preserve the integrity of the III
System, maintain system policy and standards, protect the
accuracy and privacy of records, and to prevent abuses, until
the council holds a hearing on such matters.
(c) [RIGHT OF APPEAL.] The FBI or a party state may appeal
any decision of the council to the attorney general, and
thereafter may file suit in the appropriate district court of
the United States, which shall have original jurisdiction of all
cases or controversies arising under this compact. Any suit
arising under this compact and initiated in a state court shall
be removed to the appropriate district court of the United
States in the manner provided by United States Code, title 28,
section 1446, or other statutory authority.
Sec. 3. [299C.582] [POWERS WITH RELATION TO COMPACT.]
The commissioner of public safety or a designee is hereby
authorized and directed to do all things necessary or incidental
to the carrying out of the compact.
Presented to the governor March 22, 2002
Signed by the governor March 25, 2002, 2:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes