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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