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Minnesota Legislature

Office of the Revisor of Statutes

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.