§ 24-60-2702 — Execution of compact

The general assembly hereby approves
and the governor is authorized to enter into a compact on behalf of this state with
any other state or states legally joining therein in the form substantially as follows:

The Contracting Parties agree to the following:

OVERVIEW

(a) In General. This Compact organizes an electronic information sharing
system among the Federal Government and the States to exchange criminal history
records for noncriminal justice purposes authorized by Federal or State law, such
as background checks for governmental licensing and employment.

(b) Obligations of Parties. Under this Compact, the FBI and the Party States
agree to maintain detailed databases of their respective criminal history records,
including arrests and dispositions, and to make them available to the Federal
Government and to Party States for authorized purposes. The FBI shall also manage
the Federal data facilities that provide a significant part of the infrastructure for
the system.

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
record-keeping 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 indices. The term National indices 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 (a)(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
section 552a of title 5, United States Code (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
indices checks.

(b) Criminal Justice Agencies and Other Governmental or
Nongovernmental Agencies. The FBI, to the extent authorized by section 552a of
title 5, United States Code (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 indices 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 indices 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 indices 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 indices 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 indices.

(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 2-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 3-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 Chairman is elected pursuant to Article VI (c), each of whom shall serve a 3-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 3-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 3-year term, and who shall be an employee of the FBI.

(c) Chairman and Vice Chairman.

(1) In General. From its membership, the Council shall elect a Chairman and
a Vice Chairman of the Council, respectively. Both the Chairman and Vice Chairman
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 Chairman may be an at-large
member; and

(B) Shall serve a 2-year term and may be reelected to only 1 additional 2-year term.

(2) Duties of Vice Chairman. The Vice Chairman of the Council shall serve as
the Chairman of the Council in the absence of the Chairman.

(d) Meetings.

(1) In General. The Council shall meet at least once each year at the call of
the Chairman. 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 Chairman 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 2 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 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 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 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 section 1446 of title 28, United States
Code, or other statutory authority.

Legislative History

Source: L. 2000: Entire part added, p. 55, � 1, effective March 10.