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H0096................................by JUDICIARY, RULES AND ADMINISTRATION
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT - Adds to existing law to
enact the National Crime Prevention and Privacy Compact; to provide
legislative findings; to provide for enactment; to provide an overview; to
define terms; to set forth purposes; to provide for responsibilities of
compact parties; to provide for authorized record disclosures; to set forth
record request procedures; to establish the compact council; to provide for
ratification; to set forth miscellaneous provisions; to provide for
renunciation; to provide severability; to provide for the adjudication of
disputes; and to authorize the director of the Idaho State Police to
appoint a compact officer.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McKague, Miller, Mitchell, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Black, McGeachin, Moyle, Nielsen
Floor Sponsor - Clark
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Richardson
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed
03/17 To Governor
03/21 Governor signed
Session Law Chapter 69
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 96
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE NATIONAL CRIME PREVENTION AND PRIVACY COMPACT; AMENDING CHAP-
3 TER 30, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-3012,
4 IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TO PROVIDE FOR ENACTMENT, TO
5 PROVIDE AN OVERVIEW, TO DEFINE TERMS, TO SET FORTH PURPOSES, TO PROVIDE
6 FOR RESPONSIBILITIES OF COMPACT PARTIES, TO PROVIDE FOR AUTHORIZED RECORD
7 DISCLOSURES, TO SET FORTH RECORD REQUEST PROCEDURES, TO ESTABLISH THE COM-
8 PACT COUNCIL, TO PROVIDE FOR RATIFICATION, TO SET FORTH MISCELLANEOUS PRO-
9 VISIONS, TO PROVIDE FOR RENUNCIATION, TO PROVIDE SEVERABILITY AND TO PRO-
10 VIDE FOR THE ADJUDICATION OF DISPUTES; AND AMENDING CHAPTER 30, TITLE 67,
11 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-3013, IDAHO CODE, TO
12 AUTHORIZE THE DIRECTOR OF THE IDAHO STATE POLICE TO APPOINT A COMPACT
13 OFFICER.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Chapter 30, Title 67, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 67-3012, Idaho Code, and to read as follows:
18 67-3012. NATIONAL CRIME PREVENTION AND PRIVACY COMPACT. (1) Findings. The
19 legislature finds that there is a need to improve the quality and completeness
20 of criminal history records made available to a state when it conducts
21 national fingerprint-based record checks for applicant or noncriminal justice
22 purposes. Criminal history records automated and held at the state level are
23 the most complete and accurate sources for fingerprint-based records checks
24 for authorized agencies or organizations screening persons seeking positions
25 of trust. Ratification of the "National Crime Prevention and Privacy Compact"
26 will provide direct access to criminal history records maintained in other
27 member states.
28 (2) Enactment. The national crime prevention and privacy compact is
29 hereby enacted into law and entered into with all other jurisdictions legally
30 joined therein in the form substantially as follows:
31 The contracting parties agree to the following:
32 Overview
33 (a) In general. This compact organizes an electronic information sharing
34 system among the federal government and the states to exchange criminal his-
35 tory records for noncriminal justice purposes authorized by federal or state
36 law, such as background checks for governmental licensing and employment.
37 (b) Obligations of parties. Under this compact, the FBI and the party
38 states agree to maintain detailed databases of their respective criminal his-
39 tory records, including arrests and dispositions, and to make them available
40 to the federal government and to party states for authorized purposes. The FBI
41 shall also manage the federal data facilities that provide a significant part
42 of the infrastructure for the system.
2
1 ARTICLE I
2 DEFINITIONS
3 In this compact:
4 (1) Attorney general. The term "attorney general" means the attorney gen-
5 eral of the United States.
6 (2) Compact officer. The term "compact officer" means:
7 (A) With respect to the federal government, an official so designated by
8 the director of the FBI; and
9 (B) With respect to a party state, the chief administrator of the state's
10 criminal history record repository or a designee of the chief administra-
11 tor who is a regular full-time employee of the repository.
12 (3) Council. The term "council" means the compact council established
13 under article VI.
14 (4) Criminal history records. The term "criminal history records":
15 (A) Means information collected by criminal justice agencies on individu-
16 als consisting of identifiable descriptions and notations of arrests,
17 detentions, indictments, or other formal criminal charges, and any dispo-
18 sition arising therefrom, including acquittal, sentencing, correctional
19 supervision, or release; and
20 (B) Does not include identification information such as fingerprint
21 records if such information does not indicate involvement of the individ-
22 ual with the criminal justice system.
23 (5) Criminal history record repository. The term "criminal history record
24 repository" means the state agency designated by the governor or other appro-
25 priate executive official or the legislature of a state to perform centralized
26 recordkeeping functions for criminal history records and services in the
27 state.
28 (6) Criminal justice. The term "criminal justice" includes activities
29 relating to the detection, apprehension, detention, pretrial release, post-
30 trial release, prosecution, adjudication, correctional supervision, or reha-
31 bilitation of accused persons or criminal offenders. The administration of
32 criminal justice includes criminal identification activities and the collec-
33 tion, storage, and dissemination of criminal history records.
34 (7) Criminal justice agency. The term "criminal justice agency":
35 (A) Means:
36 (i) Courts; and
37 (ii) A governmental agency or any subunit thereof that:
38 (I) Performs the administration of criminal justice pursuant
39 to a statute or executive order; and
40 (II) Allocates a substantial part of its annual budget to the
41 administration of criminal justice; and
42 (B) Includes federal and state inspectors general offices.
43 (8) Criminal justice services. The term "criminal justice services" means
44 services provided by the FBI to criminal justice agencies in response to a
45 request for information about a particular individual or as an update to
46 information previously provided for criminal justice purposes.
47 (9) Criterion offense. The term "criterion offense" means any felony or
48 misdemeanor offense not included on the list of nonserious offenses published
49 periodically by the FBI.
50 (10) Direct access. The term "direct access" means access to the national
51 identification index by computer terminal or other automated means not requir-
52 ing the assistance of or intervention by any other party or agency.
53 (11) Executive order. The term "executive order" means an order of the
54 president of the United States or the chief executive officer of a state that
3
1 has the force of law and that is promulgated in accordance with applicable
2 law.
3 (12) FBI. The term "FBI" means the federal bureau of investigation.
4 (13) Interstate identification system. The term "interstate identification
5 index system" or "III system":
6 (A) Means the cooperative federal-state system for the exchange of crimi-
7 nal history records; and
8 (B) Includes the national identification index, the national fingerprint
9 file and, to the extent of their participation in such system, the crimi-
10 nal history record repositories of the states and the FBI.
11 (14) National fingerprint file. The term "national fingerprint file" means
12 a database of fingerprints, or other uniquely personal identifying informa-
13 tion, relating to an arrested or charged individual maintained by the FBI to
14 provide positive identification of record subjects indexed in the III system.
15 (15) National identification index. The term "national identification
16 index" means an index maintained by the FBI consisting of names, identifying
17 numbers, and other descriptive information relating to record subjects about
18 whom there are criminal history records in the III system.
19 (16) National indices. The term "national indices" means the national
20 identification index and the national fingerprint file.
21 (17) Nonparty state. The term "nonparty state" means a state that has not
22 ratified this compact.
23 (18) Noncriminal justice purposes. The term "noncriminal justice purposes"
24 means uses of criminal history records for purposes authorized by federal or
25 state law other than purposes relating to criminal justice activities, includ-
26 ing employment suitability, licensing determinations, immigration and natural-
27 ization matters, and national security clearances.
28 (19) Party state. The term "party state" means a state that has ratified
29 this compact.
30 (20) Positive identification. The term "positive identification" means a
31 determination, based upon a comparison of fingerprints or other equally reli-
32 able biometric identification techniques, that the subject of a record search
33 is the same person as the subject of a criminal history record or records
34 indexed in the III system. Identifications based solely upon a comparison of
35 subjects' names or other nonunique identification characteristics or numbers,
36 or combinations thereof, shall not constitute positive identification.
37 (21) Sealed record information. The term "sealed record information"
38 means:
39 (A) With respect to adults, that portion of a record that is:
40 (i) Not available for criminal justice uses;
41 (ii) Not supported by fingerprints or other accepted means of posi-
42 tive identification; or
43 (iii) Subject to restrictions on dissemination for noncriminal jus-
44 tice purposes pursuant to a court order related to a particular sub-
45 ject or pursuant to a federal or state statute that requires action
46 on a sealing petition filed by a particular record subject; and
47 (B) With respect to juveniles, whatever each state determines is a sealed
48 record under its own law and procedure.
49 (22) State. The term "state" means any state, territory, or possession of
50 the United States, the District of Columbia, and the Commonwealth of Puerto
51 Rico.
4
1 ARTICLE II
2 PURPOSES
3 The purposes of this compact are to:
4 (1) Provide a legal framework for the establishment of a cooperative
5 federal-state system for the interstate and federal-state exchange of criminal
6 history records for noncriminal justice uses;
7 (2) Require the FBI to permit use of the national identification index
8 and the national fingerprint file by each party state, and to provide, in a
9 timely fashion, federal and state criminal history records to requesting
10 states, in accordance with the terms of this compact and with rules, proce-
11 dures, and standards established by the council under article VI;
12 (3) Require party states to provide information and records for the
13 national identification index and the national fingerprint file and to provide
14 criminal history records, in a timely fashion, to criminal history record
15 repositories of other states and the federal government for noncriminal jus-
16 tice purposes, in accordance with the terms of this compact and with rules,
17 procedures, and standards established by the council under article VI;
18 (4) Provide for the establishment of a council to monitor III system
19 operations and to prescribe system rules and procedures for the effective and
20 proper operation of the III system for noncriminal justice purposes; and
21 (5) Require the FBI and each party state to adhere to III system stan-
22 dards concerning record dissemination and use, response times, system secu-
23 rity, data quality, and other duly established standards, including those
24 that enhance the accuracy and privacy of such records.
25 ARTICLE III
26 RESPONSIBILITIES OF COMPACT PARTIES
27 (a) FBI responsibilities. The director of the FBI shall:
28 (1) Appoint an FBI compact officer who shall:
29 (A) Administer this compact within the department of justice and
30 among federal agencies and other agencies and organizations that sub-
31 mit search requests to the FBI pursuant to article V(c);
32 (B) Ensure that compact provisions and rules, procedures, and stan-
33 dards prescribed by the council under article VI are complied with by
34 the department of justice and the federal agencies and other agencies
35 and organizations referred to in article III(a)(1)(A); and
36 (C) Regulate the use of records received by means of the III system
37 from party states when such records are supplied by the FBI directly
38 to other federal agencies;
39 (2) Provide to federal agencies and to state criminal history record
40 repositories, criminal history records maintained in its database for the
41 noncriminal justice purposes described in article IV, including:
42 (A) Information from nonparty states; and
43 (B) Information from party states that is available from the FBI
44 through the III system, but is not available from the party state
45 through the III system;
46 (3) Provide a telecommunications network and maintain centralized facili-
47 ties for the exchange of criminal history records for both criminal jus-
48 tice purposes and the noncriminal justice purposes described in article
49 IV, and ensure that the exchange of such records for criminal justice
50 purposes has priority over exchange for noncriminal justice purposes; and
51 (4) Modify or enter into user agreements with nonparty state criminal
52 history record repositories to require them to establish record request
5
1 procedures conforming to those prescribed in article V.
2 (b) State responsibilities. Each party state shall:
3 (1) Appoint a compact officer who shall:
4 (A) Administer this compact within that state;
5 (B) Ensure that compact provisions and rules, procedures, and stan-
6 dards established by the council under article VI are complied with
7 in the state; and
8 (C) Regulate the in-state use of records received by means of the
9 III system from the FBI or from other party states;
10 (2) Establish and maintain a criminal history record repository, which
11 shall provide:
12 (A) Information and records for the national identification index
13 and the national fingerprint file; and
14 (B) The state's III system-indexed criminal history records for
15 noncriminal justice purposes described in article IV;
16 (3) Participate in the national fingerprint file; and
17 (4) Provide and maintain telecommunications links and related equipment
18 necessary to support the services set forth in this compact.
19 (c) Compliance with III system standards. In carrying out their responsi-
20 bilities under this compact, the FBI and each party state shall comply with
21 III system rules, procedures, and standards duly established by the council
22 concerning record dissemination and use, response times, data quality, system
23 security, accuracy, privacy protection, and other aspects of III system opera-
24 tion.
25 (d) Maintenance of record services.
26 (1) Use of the III system for noncriminal justice purposes authorized in
27 this compact shall be managed so as not to diminish the level of services
28 provided in support of criminal justice purposes.
29 (2) Administration of compact provisions shall not reduce the level of
30 service available to authorized noncriminal justice users on the effective
31 date of this compact.
32 ARTICLE IV
33 AUTHORIZED RECORD DISCLOSURES
34 (a) State criminal history record repositories. To the extent authorized
35 by section 552a of title 5, United States Code (commonly known as the "Privacy
36 Act of 1974"), the FBI shall provide on request criminal history records
37 (excluding sealed records) to state criminal history record repositories for
38 noncriminal justice purposes allowed by federal statute, federal executive
39 order, or a state statute that has been approved by the attorney general and
40 that authorizes national indices checks.
41 (b) Criminal justice agencies and other governmental or nongovernmental
42 agencies. The FBI, to the extent authorized by section 552a of title 5, United
43 States Code (commonly known as the "Privacy Act of 1974"), and state criminal
44 history record repositories shall provide criminal history records (excluding
45 sealed records) to criminal justice agencies and other governmental or nongov-
46 ernmental agencies for noncriminal justice purposes allowed by federal stat-
47 ute, federal executive order, or a state statute that has been approved by the
48 attorney general, that authorizes national indices checks.
49 (c) Procedures. Any record obtained under this compact may be used only
50 for the official purposes for which the record was requested. Each compact
51 officer shall establish procedures, consistent with this compact, and with
52 rules, procedures, and standards established by the council under article VI,
53 which procedures shall protect the accuracy and privacy of the records, and
6
1 shall:
2 (1) Ensure that records obtained under this compact are used only by
3 authorized officials for authorized purposes;
4 (2) Require that subsequent record checks are requested to obtain current
5 information whenever a new need arises; and
6 (3) Ensure that record entries that may not legally be used for a partic-
7 ular noncriminal justice purpose are deleted from the response and, if no
8 information authorized for release remains, an appropriate "no record"
9 response is communicated to the requesting official.
10 ARTICLE V
11 RECORD REQUEST PROCEDURES
12 (a) Positive identification. Subject fingerprints or other approved forms
13 of positive identification shall be submitted with all requests for criminal
14 history record checks for noncriminal justice purposes.
15 (b) Submission of state requests. Each request for a criminal history
16 record check utilizing the national indices made under any approved state
17 statute shall be submitted through that state's criminal history record repos-
18 itory. A state criminal history record repository shall process an interstate
19 request for noncriminal justice purposes through the national indices only if
20 such request is transmitted through another state criminal history record
21 repository or the FBI.
22 (c) Submission of federal requests. Each request for criminal history
23 record checks utilizing the national indices made under federal authority
24 shall be submitted through the FBI or, if the state criminal history record
25 repository consents to process fingerprint submissions, through the criminal
26 history record repository in the state in which such request originated.
27 Direct access to the national identification index by entities other than the
28 FBI and state criminal history records repositories shall not be permitted for
29 noncriminal justice purposes.
30 (d) Fees. A state criminal history record repository or the FBI:
31 (1) May charge a fee, in accordance with applicable law, for handling a
32 request involving fingerprint processing for noncriminal justice purposes;
33 and
34 (2) May not charge a fee for providing criminal history records in
35 response to an electronic request for a record that does not involve a
36 request to process fingerprints.
37 (e) Additional search.
38 (1) If a state criminal history record repository cannot positively iden-
39 tify the subject of a record request made for noncriminal justice pur-
40 poses, the request, together with fingerprints or other approved identify-
41 ing information, shall be forwarded to the FBI for a search of the
42 national indices.
43 (2) If, with respect to a request forwarded by a state criminal history
44 record repository under paragraph (1) of this subsection, the FBI posi-
45 tively identifies the subject as having a III system-indexed record or
46 records:
47 (A) The FBI shall so advise the state criminal history record repos-
48 itory; and
49 (B) The state criminal history record repository shall be entitled
50 to obtain the additional criminal history record information from the
51 FBI or other state criminal history record repositories.
7
1 ARTICLE VI
2 ESTABLISHMENT OF COMPACT COUNCIL
3 (a) Establishment.
4 (1) In general. There is established a council to be known as the
5 "compact council," which shall have the authority to promulgate rules and
6 procedures governing the use of the III system for noncriminal justice
7 purposes, not to conflict with FBI administration of the III system for
8 criminal justice purposes.
9 (2) Organization. The council shall:
10 (A) Continue in existence as long as this compact remains in effect;
11 (B) Be located, for administrative purposes, within the FBI; and
12 (C) Be organized and hold its first meeting as soon as practicable
13 after the effective date of this compact.
14 (b) Membership. The council shall be composed of fifteen (15) members,
15 each of whom shall be appointed by the attorney general, as follows:
16 (1) Nine (9) members, each of whom shall serve a two (2) year term, who
17 shall be selected from among the compact officers of party states based on
18 the recommendation of the compact officers of all party states, except
19 that, in the absence of the requisite number of compact officers available
20 to serve, the chief administrators of the criminal history record
21 repositories of nonparty states shall be eligible to serve on an interim
22 basis.
23 (2) Two (2) at-large members, nominated by the director of the FBI, each
24 of whom shall serve a three (3) year term, of whom:
25 (A) One (1) shall be a representative of the criminal justice agen-
26 cies of the federal government and may not be an employee of the FBI;
27 and
28 (B) One (1) shall be a representative of the noncriminal justice
29 agencies of the federal government.
30 (3) Two (2) at-large members, nominated by the chairman of the council,
31 once the chairman is elected pursuant to article VI(c), each of whom shall
32 serve a three (3) year term, of whom:
33 (A) One (1) shall be a representative of state or local criminal
34 justice agencies; and
35 (B) One (1) shall be a representative of state or local noncriminal
36 justice agencies.
37 (4) One (1) member, who shall serve a three (3) year term, and who shall
38 simultaneously be a member of the FBI's advisory policy board on criminal
39 justice information services, nominated by the membership of that policy
40 board.
41 (5) One (1) member, nominated by the director of the FBI, who shall serve
42 a three (3) year term, and who shall be an employee of the FBI.
43 (c) Chairman and vice chairman.
44 (1) In general. From its membership, the council shall elect a chairman
45 and a vice chairman of the council, respectively. Both the chairman and
46 vice chairman of the council:
47 (A) Shall be a compact officer, unless there is no compact officer
48 on the council who is willing to serve, in which case the chairman
49 may be an at-large member; and
50 (B) Shall serve a two (2) year term and may be reelected to only one
51 (1) additional two (2) year term.
52 (2) Duties of vice chairman. The vice chairman of the council shall
53 serve as the chairman of the council in the absence of the chairman.
54 (d) Meetings.
8
1 (1) In general. The council shall meet at least once each year at the
2 call of the chairman. Each meeting of the council shall be open to the
3 public. The council shall provide prior public notice in the federal reg-
4 ister of each meeting of the council, including the matters to be
5 addressed at such meeting.
6 (2) Quorum. A majority of the council or any committee of the council
7 shall constitute a quorum of the council or of such committee, respec-
8 tively, for the conduct of business. A lesser number may meet to hold
9 hearings, take testimony, or conduct any business not requiring a vote.
10 (e) Rules, procedures, and standards. The council shall make available
11 for public inspection and copying at the council office within the FBI, and
12 shall publish in the federal register, any rules, procedures, or standards
13 established by the council.
14 (f) Assistance from FBI. The council may request from the FBI such
15 reports, studies, statistics, or other information or materials as the council
16 determines to be necessary to enable the council to perform its duties under
17 this compact. The FBI, to the extent authorized by law, may provide such
18 assistance or information upon such a request.
19 (g) Committees. The chairman may establish committees as necessary to
20 carry out this compact and may prescribe their membership, responsibilities,
21 and duration.
22 ARTICLE VII
23 RATIFICATION OF COMPACT
24 This compact shall take effect upon being entered into by two (2) or more
25 states as between those states and the federal government. Upon subsequent
26 entering into this compact by additional states, it shall become effective
27 among those states and the federal government and each party state that has
28 previously ratified it. When ratified, this compact shall have the full force
29 and effect of law within the ratifying jurisdictions. The form of ratification
30 shall be in accordance with the laws of the executing state.
31 ARTICLE VIII
32 MISCELLANEOUS PROVISIONS
33 (a) Relation of compact to certain FBI activities. Administration of this
34 compact shall not interfere with the management and control of the director of
35 the FBI over the FBI's collection and dissemination of criminal history
36 records and the advisory function of the FBI's advisory policy board chartered
37 under the federal advisory committee act (5 U.S.C. App.) for all purposes
38 other than noncriminal justice.
39 (b) No authority for nonappropriated expenditures. Nothing in this com-
40 pact shall require the FBI to obligate or expend funds beyond those appropri-
41 ated to the FBI.
42 (c) Relating to public law 92-544. Nothing in this compact shall diminish
43 or lessen the obligations, responsibilities, and authorities of any state,
44 whether a party state or a nonparty state, or of any criminal history record
45 repository or other subdivision or component thereof, under the departments of
46 state, justice, and commerce, the judiciary, and related agencies appropria-
47 tion act, 1973 (public law 92-544), or regulations and guidelines promulgated
48 thereunder, including the rules and procedures promulgated by the council
49 under article VI(a), regarding the use and dissemination of criminal history
50 records and information.
9
1 ARTICLE IX
2 RENUNCIATION
3 (a) In general. This compact shall bind each party state until renounced
4 by the party state.
5 (b) Effect. Any renunciation of this compact by a party state shall:
6 (1) Be effected in the same manner by which the party state ratified this
7 compact; and
8 (2) Become effective one hundred eighty (180) days after written notice
9 of renunciation is provided by the party state to each other party state
10 and to the federal government.
11 ARTICLE X
12 SEVERABILITY
13 The provisions of this compact shall be severable, and if any phrase,
14 clause, sentence, or provision of this compact is declared to be contrary to
15 the constitution of any participating state, or to the constitution of the
16 United States, or the applicability thereof to any government, agency, person,
17 or circumstance is held invalid, the validity of the remainder of this compact
18 and the applicability thereof to any government, agency, person, or circum-
19 stance shall not be affected thereby. If a portion of this compact is held
20 contrary to the constitution of any party state, all other portions of this
21 compact shall remain in full force and effect as to the remaining party states
22 and in full force and effect as to the party state affected, as to all other
23 provisions.
24 ARTICLE XI
25 ADJUDICATION OF DISPUTES
26 (a) In general. The council shall:
27 (1) Have initial authority to make determinations with respect to any
28 dispute regarding:
29 (A) Interpretation of this compact;
30 (B) Any rule or standard established by the council pursuant to
31 article VI; and
32 (C) Any dispute or controversy between any parties to this compact;
33 and
34 (2) Hold a hearing concerning any dispute described in paragraph (1) of
35 this subsection at a regularly scheduled meeting of the council and only
36 render a decision based upon a majority vote of the members of the coun-
37 cil. Such decision shall be published pursuant to the requirements of
38 article VI(e).
39 (b) Duties of FBI. The FBI shall exercise immediate and necessary action
40 to preserve the integrity of the III system, maintain system policy and stan-
41 dards, protect the accuracy and privacy of records, and to prevent abuses,
42 until the council holds a hearing on such matters.
43 (c) Right of appeal. The FBI or a party state may appeal any decision of
44 the council to the attorney general, and thereafter may file suit in the
45 appropriate district court of the United States, which shall have original
46 jurisdiction of all cases or controversies arising under this compact. Any
47 suit arising under this compact and initiated in a state court shall be
48 removed to the appropriate district court of the United States in the manner
49 provided by section 1446 of title 28, United States Code, or other statutory
50 authority.
10
1 SECTION 2. That Chapter 30, Title 67, Idaho Code, be, and the same hereby
2 amended by the addition thereto of a NEW SECTION, to be known and designated
3 as Section 67-3013, Idaho Code, and to read as follows:
4 67-3013. APPOINTMENT OF COMPACT OFFICER. The director of the Idaho state
5 police shall appoint an Idaho state police employee as compact officer for the
6 purpose of complying with article III of the national crime prevention and
7 privacy compact, as set forth in section 67-3012, Idaho Code.
STATEMENT OF PURPOSE
RS 14471
Congress passed the National Crime Prevention and Privacy Compact in 1998.
This bill allows Idaho to join 21 other states that have ratified the
compact.
The intent of the interstate compact is to improve the quality and
completeness of criminal history records made available to a state when it
conducts national fingerprint-based record checks for applicant or non-
criminal justice purposes. Pursuant to the compact, criminal history
records automated and held at the state level will be used in lieu of the
records held by the FBI, as state held records are more complete and
accurate. (There can be time lags in the delivery of criminal history
records and disposition information from states to the FBI.)
The goal of the compact is a master "index-pointer" approach that ties the
computerized files of the FBI and the state-level centralized criminal
history files into a national record system available for applicant
purposes. This will help ensure that when authorized agencies or
organizations screen persons seeking positions of trust they will receive
more complete information on which to base an informed decision. This is
currently not possible because of the diverse state laws regulating
applicant/civil access to the state centralized criminal history records.
The compact provides that the laws of the state receiving criminal history
information from the national system will govern release or dissemination.
Section 67-3003, Idaho Code, establishes the Idaho State Police, Bureau of
Criminal Identification, as the state's central repository of criminal
history records. Section 67-3008, Idaho Code, sets forth the requirements
and procedures for release of central repository information.
A compact council has authority to promulgate administrative rules and to
adjudicate disputes. State-appointed officials compose a majority of the
council.
FISCAL NOTE
The FBI recently conducted a review of Idaho's ability to meet compact
standards and comply with operational requirements. The review team
determined that only minimal changes in operations by the Bureau of
Criminal Identification are necessary for compliance. Implementing these
process changes will incur no cost for the Idaho State Police or other
units of state or local government.
CONTACT
Name: Ann Cronin
Agency: Idaho State Police
Phone: 884-7002
Statement of Purpose/Fiscal Note H 96