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Senate File 2145

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2145     
  1  2                                   
  1  3                             AN ACT
  1  4 RELATING TO THE NATIONAL CRIME PREVENTION AND PRIVACY COMPACT.  
  1  5 
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7 
  1  8    Section 1.  NEW SECTION.  692B.1  CITATION.
  1  9    This chapter may be cited as the "National Crime Prevention
  1 10 and Privacy Compact Act".
  1 11    Sec. 2.  NEW SECTION.  692B.2  CRIME PREVENTION AND PRIVACY
  1 12 COMPACT.
  1 13    The national crime prevention and privacy compact is
  1 14 enacted into law and entered into by this state with any other
  1 15 state or jurisdiction legally joining the compact in the form
  1 16 substantially as follows:  
  1 17                    ARTICLE I – DEFINITIONS
  1 18    As used in this compact, unless the context clearly
  1 19 requires otherwise:
  1 20    (1)  ATTORNEY GENERAL.  The term "attorney general" means
  1 21 the attorney general of the United States.
  1 22    (2)  COMPACT OFFICER.  The term "compact officer" means
  1 23    (A)  with respect to the federal government, an official so
  1 24 designated by the director of the FBI; and
  1 25    (B)  with respect to a party state, the chief administrator
  1 26 of the state's criminal history record repository or a
  1 27 designee of the chief administrator who is a regular full-time
  1 28 employee of the repository.
  1 29    (3)  COUNCIL.  The term "council" means the compact council
  1 30 established under Article VI.
  1 31    (4)  CRIMINAL HISTORY RECORDS.  The term "criminal history
  1 32 records"
  1 33    (A)  means information collected by criminal justice
  1 34 agencies on individuals consisting of identifiable
  1 35 descriptions and notations of arrests, detentions,
  2  1 indictments, or other formal criminal charges, and any
  2  2 disposition arising therefrom, including acquittal,
  2  3 sentencing, correctional supervision, or release; and
  2  4    (B)  does not include identification information such as
  2  5 fingerprint records if such information does not indicate
  2  6 involvement of the individual with the criminal justice
  2  7 system.
  2  8    (5)  CRIMINAL HISTORY RECORD REPOSITORY.  The term
  2  9 "criminal history record repository" means the state agency
  2 10 designated by the governor or other appropriate executive
  2 11 official or the legislature of a state to perform centralized
  2 12 record-keeping functions for criminal history records and
  2 13 services in the state.
  2 14    (6)  CRIMINAL JUSTICE.  The term "criminal justice"
  2 15 includes activities relating to the detection, apprehension,
  2 16 detention, pretrial release, posttrial release, prosecution,
  2 17 adjudication, correctional supervision, or rehabilitation of
  2 18 accused persons or criminal offenders.  The administration of
  2 19 criminal justice includes criminal identification activities
  2 20 and the collection, storage, and dissemination of criminal
  2 21 history records.
  2 22    (7)  CRIMINAL JUSTICE AGENCY.  The term "criminal justice
  2 23 agency"
  2 24    (A)  means
  2 25    (i)  courts; and
  2 26    (ii)  a governmental agency or any subunit thereof that
  2 27    (I)  performs the administration of criminal justice
  2 28 pursuant to a statute or executive order; and
  2 29    (II)  allocates a substantial part of its annual budget to
  2 30 the administration of criminal justice; and
  2 31    (B)  includes federal and state inspectors general offices.
  2 32    (8)  CRIMINAL JUSTICE SERVICES.  The term "criminal justice
  2 33 services" means services provided by the FBI to criminal
  2 34 justice agencies in response to a request for information
  2 35 about a particular individual or as an update to information
  3  1 previously provided for criminal justice purposes.
  3  2    (9)  CRITERION OFFENSE.  The term "criterion offense" means
  3  3 any felony or misdemeanor offense not included on the list of
  3  4 nonserious offenses published periodically by the FBI.
  3  5    (10)  DIRECT ACCESS.  The term "direct access" means access
  3  6 to the national identification index by computer terminal or
  3  7 other automated means not requiring the assistance of or
  3  8 intervention by any other party or agency.
  3  9    (11)  EXECUTIVE ORDER.  The term "executive order" means an
  3 10 order of the president of the United States or the chief
  3 11 executive officer of a state that has the force of law and
  3 12 that is promulgated in accordance with applicable law.
  3 13    (12)  FBI.  The term "FBI" means the federal bureau of
  3 14 investigation.
  3 15    (13)  INTERSTATE IDENTIFICATION SYSTEM.  The term
  3 16 "interstate identification index system" or "III system"
  3 17    (A)  means the cooperative federal-state system for the
  3 18 exchange of criminal history records; and
  3 19    (B)  includes the national identification index, the
  3 20 national fingerprint file and, to the extent of their
  3 21 participation in such system, the criminal history record
  3 22 repositories of the states and the FBI.
  3 23    (14)  NATIONAL FINGERPRINT FILE.  The term "national
  3 24 fingerprint file" means a database of fingerprints, or other
  3 25 uniquely personal identifying information, relating to an
  3 26 arrested or charged individual maintained by the FBI to
  3 27 provide positive identification of record subjects indexed in
  3 28 the III System.
  3 29    (15)  NATIONAL IDENTIFICATION INDEX.  The term "national
  3 30 identification index" means an index maintained by the FBI
  3 31 consisting of names, identifying numbers, and other
  3 32 descriptive information relating to record subjects about whom
  3 33 there are criminal history records in the III system.
  3 34    (16)  NATIONAL INDICES.  The term "national indices" means
  3 35 the national identification index and the national fingerprint
  4  1 file.
  4  2    (17)  NONPARTY STATE.  The term "nonparty state" means a
  4  3 state that has not ratified this compact.
  4  4    (18)  NONCRIMINAL JUSTICE PURPOSES.  The term "noncriminal
  4  5 justice purposes" means uses of criminal history records for
  4  6 purposes authorized by federal or state law other than
  4  7 purposes relating to criminal justice activities, including
  4  8 employment suitability, licensing determinations, immigration
  4  9 and naturalization matters, and national security clearances.
  4 10    (19)  PARTY STATE.  The term "party state" means a state
  4 11 that has ratified this compact.
  4 12    (20)  POSITIVE IDENTIFICATION.  The term "positive
  4 13 identification" means a determination, based upon a comparison
  4 14 of fingerprints or other equally reliable biometric
  4 15 identification techniques, that the subject of a record search
  4 16 is the same person as the subject of a criminal history record
  4 17 or records indexed in the III system.  Identifications based
  4 18 solely upon a comparison of subjects' names or other nonunique
  4 19 identification characteristics or numbers, or combinations
  4 20 thereof, shall not constitute positive identification.
  4 21    (21)  SEALED RECORD INFORMATION.  The term "sealed record
  4 22 information" means
  4 23    (A)  with respect to adults, that portion of a record that
  4 24 is
  4 25    (i)  not available for criminal justice uses;
  4 26    (ii)  not supported by fingerprints or other accepted means
  4 27 of positive identification; or
  4 28    (iii)  subject to restrictions on dissemination for
  4 29 noncriminal justice purposes pursuant to a court order related
  4 30 to a particular subject or pursuant to a federal or state
  4 31 statute that requires action on a sealing petition filed by a
  4 32 particular record subject; and
  4 33    (B)  with respect to juveniles, whatever each state
  4 34 determines is a sealed record under its own law and procedure.
  4 35    (22)  STATE.  The term "state" means any state, territory,
  5  1 or possession of the United States, the District of Columbia,
  5  2 and the Commonwealth of Puerto Rico.  
  5  3                     ARTICLE II – PURPOSES
  5  4    The purposes of this compact are to
  5  5    (1)  provide a legal framework for the establishment of a
  5  6 cooperative federal-state system for the interstate and
  5  7 federal-state exchange of criminal history records for
  5  8 noncriminal justice uses;
  5  9    (2)  require the FBI to permit use of the national
  5 10 identification index and the national fingerprint file by each
  5 11 party state, and to provide, in a timely fashion, federal and
  5 12 state criminal history records to requesting states, in
  5 13 accordance with the terms of this compact and with rules,
  5 14 procedures, and standards established by the council under
  5 15 Article VI;
  5 16    (3)  require party states to provide information and
  5 17 records for the national identification index and the national
  5 18 fingerprint file and to provide criminal history records, in a
  5 19 timely fashion, to criminal history record repositories of
  5 20 other states and the federal government for noncriminal
  5 21 justice purposes, in accordance with the terms of this compact
  5 22 and with rules, procedures, and standards established by the
  5 23 council under Article VI;
  5 24    (4)  provide for the establishment of a council to monitor
  5 25 III system operations and to prescribe system rules and
  5 26 procedures for the effective and proper operation of the III
  5 27 system for noncriminal justice purposes; and
  5 28    (5)  require the FBI and each party state to adhere to III
  5 29 system standards concerning record dissemination and use,
  5 30 response times, system security, data quality, and other duly
  5 31 established standards, including those that enhance the
  5 32 accuracy and privacy of such records.  
  5 33       ARTICLE III – RESPONSIBILITIES OF COMPACT PARTIES
  5 34    (a)  FBI RESPONSIBILITIES.  The director of the FBI shall
  5 35    (1)  appoint an FBI compact officer who shall
  6  1    (A)  administer this compact within the department of
  6  2 justice and among federal agencies and other agencies and
  6  3 organizations that submit search requests to the FBI pursuant
  6  4 to Article V(c);
  6  5    (B)  ensure that compact provisions and rules, procedures,
  6  6 and standards prescribed by the council under Article VI are
  6  7 complied with by the department of justice and the federal
  6  8 agencies and other agencies and organizations referred to in
  6  9 Article III(l)(A); and
  6 10    (C)  regulate the use of records received by means of the
  6 11 III system from party states when such records are supplied by
  6 12 the FBI directly to other federal agencies;
  6 13    (2)  provide to federal agencies and to state criminal
  6 14 history record repositories, criminal history records
  6 15 maintained in its database for the noncriminal justice
  6 16 purposes described in Article IV, including
  6 17    (A)  information from nonparty states; and
  6 18    (B)  information from party states that is available from
  6 19 the FBI through the III system, but is not available from the
  6 20 party state through the III system;
  6 21    (3)  provide a telecommunications network and maintain
  6 22 centralized facilities for the exchange of criminal history
  6 23 records for both criminal justice purposes and the noncriminal
  6 24 justice purposes described in Article IV, and ensure that the
  6 25 exchange of such records for criminal justice purposes has
  6 26 priority over exchange for noncriminal justice purposes; and
  6 27    (4)  modify or enter into user agreements with nonparty
  6 28 state criminal history record repositories to require them to
  6 29 establish record request procedures conforming to those
  6 30 prescribed in Article V.
  6 31    (b)  STATE RESPONSIBILITIES.  Each party state shall
  6 32    (1)  appoint a compact officer who shall
  6 33    (A)  administer this compact within that state;
  6 34    (B)  ensure that compact provisions and rules, procedures,
  6 35 and standards established by the council under Article VI are
  7  1 complied with in the state; and
  7  2    (C)  regulate the in-state use of records received by means
  7  3 of the III system from the FBI or from other party states;
  7  4    (2)  establish and maintain a criminal history record
  7  5 repository, which shall provide
  7  6    (A)  information and records for the national
  7  7 identification index and the national fingerprint file; and
  7  8    (B)  the state's III system-indexed criminal history
  7  9 records for noncriminal justice purposes described in Article
  7 10 IV;
  7 11    (3)  participate in the national fingerprint file; and
  7 12    (4)  provide and maintain telecommunications links and
  7 13 related equipment necessary to support the services set forth
  7 14 in this compact.
  7 15    (c)  COMPLIANCE WITH III SYSTEM STANDARDS.  In carrying out
  7 16 their responsibilities under this compact, the FBI and each
  7 17 party state shall comply with III system rules, procedures,
  7 18 and standards duly established by the council concerning
  7 19 record dissemination and use, response times, data quality,
  7 20 system security, accuracy, privacy protection, and other
  7 21 aspects of III system operation.
  7 22    (d)  MAINTENANCE OF RECORD SERVICES.
  7 23    (1)  Use of the III system for noncriminal justice purposes
  7 24 authorized in this compact shall be managed so as not to
  7 25 diminish the level of services provided in support of criminal
  7 26 justice purposes.
  7 27    (2)  Administration of compact provisions shall not reduce
  7 28 the level of service available to authorized noncriminal
  7 29 justice users on the effective date of this compact.  
  7 30           ARTICLE IV – AUTHORIZED RECORD DISCLOSURES
  7 31    (a)  STATE CRIMINAL HISTORY RECORD REPOSITORIES.  To the
  7 32 extent authorized by section 552a of title 5, United States
  7 33 Code (commonly known as the Privacy Act of 1974), the FBI
  7 34 shall provide on request criminal history records (excluding
  7 35 sealed records) to state criminal history record repositories
  8  1 for noncriminal justice purposes allowed by federal statute,
  8  2 federal executive order, or a state statute that has been
  8  3 approved by the attorney general and that authorizes national
  8  4 indices checks.
  8  5    (b)  CRIMINAL JUSTICE AGENCIES AND OTHER GOVERNMENTAL OR
  8  6 NONGOVERNMENTAL AGENCIES.  The FBI, to the extent authorized
  8  7 by section 552a of title 5, United States Code (commonly known
  8  8 as the Privacy Act of 1974), and state criminal history record
  8  9 repositories shall provide criminal history records (excluding
  8 10 sealed records) to criminal justice agencies and other
  8 11 governmental or nongovernmental agencies for noncriminal
  8 12 justice purposes allowed by federal statute, federal executive
  8 13 order, or a state statute that has been approved by the
  8 14 attorney general, that authorizes national indices checks.
  8 15    (c)  PROCEDURES.  Any record obtained under this compact
  8 16 may be used only for the official purposes for which the
  8 17 record was requested.  Each compact officer shall establish
  8 18 procedures, consistent with this compact and with rules,
  8 19 procedures, and standards established by the council under
  8 20 Article VI, which procedures shall protect the accuracy and
  8 21 privacy of the records, and shall
  8 22    (1)  ensure that records obtained under this compact are
  8 23 used only by authorized officials for authorized purposes;
  8 24    (2)  require that subsequent record checks are requested to
  8 25 obtain current information whenever a new need arises; and
  8 26    (3)  ensure that record entries that may not legally be
  8 27 used for a particular noncriminal justice purpose are deleted
  8 28 from the response and, if no information authorized for
  8 29 release remains, an appropriate "no record" response is
  8 30 communicated to the requesting official.  
  8 31             ARTICLE V – RECORD REQUEST PROCEDURES
  8 32    (a)  POSITIVE IDENTIFICATION.  Subject fingerprints or
  8 33 other approved forms of positive identification shall be
  8 34 submitted with all requests for criminal history record checks
  8 35 for noncriminal justice purposes.
  9  1    (b)  SUBMISSION OF STATE REQUESTS.  Each request for a
  9  2 criminal history record check utilizing the national indices
  9  3 made under any approved state statute shall be submitted
  9  4 through that state's criminal history record repository.  A
  9  5 state criminal history record repository shall process an
  9  6 interstate request for noncriminal justice purposes through
  9  7 the national indices only if such request is transmitted
  9  8 through another state criminal history record repository or
  9  9 the FBI.
  9 10    (c)  SUBMISSION OF FEDERAL REQUESTS.  Each request for
  9 11 criminal history record checks utilizing the national indices
  9 12 made under federal authority shall be submitted through the
  9 13 FBI or, if the state criminal history record repository
  9 14 consents to process fingerprint submissions, through the
  9 15 criminal history record repository in the state in which such
  9 16 request originated.  Direct access to the national
  9 17 identification index by entities other than the FBI and state
  9 18 criminal history records repositories shall not be permitted
  9 19 for noncriminal justice purposes.
  9 20    (d)  FEES.  A state criminal history record repository or
  9 21 the FBI
  9 22    (1)  may charge a fee, in accordance with applicable law,
  9 23 for handling a request involving fingerprint processing for
  9 24 noncriminal justice purposes; and
  9 25    (2)  may not charge a fee for providing criminal history
  9 26 records in response to an electronic request for a record that
  9 27 does not involve a request to process fingerprints.
  9 28    (e)  ADDITIONAL SEARCH.
  9 29    (1)  If a state criminal history record repository cannot
  9 30 positively identify the subject of a record request made for
  9 31 noncriminal justice purposes, the request, together with
  9 32 fingerprints or other approved identifying information, shall
  9 33 be forwarded to the FBI for a search of the national indices.
  9 34    (2)  If, with respect to a request forwarded by a state
  9 35 criminal history record repository under paragraph (1), the
 10  1 FBI positively identifies the subject as having a III system
 10  2 indexed record or records
 10  3    (A)  the FBI shall so advise the state criminal history
 10  4 record repository; and
 10  5    (B)  the state criminal history record repository shall be
 10  6 entitled to obtain the additional criminal history record
 10  7 information from the FBI or other state criminal history
 10  8 record repositories.  
 10  9         ARTICLE VI – ESTABLISHMENT OF COMPACT COUNCIL
 10 10    (a)  ESTABLISHMENT.
 10 11    (1)  IN GENERAL.  There is established a council to be
 10 12 known as the compact council, which shall have the authority
 10 13 to promulgate rules and procedures governing the use of the
 10 14 III system for noncriminal justice purposes, not to conflict
 10 15 with FBI administration of the III system for criminal justice
 10 16 purposes.
 10 17    (2)  ORGANIZATION.  The council shall
 10 18    (A)  continue in existence as long as this compact remains
 10 19 in effect;
 10 20    (B)  be located, for administrative purposes, within the
 10 21 FBI; and
 10 22    (C)  be organized and hold its first meeting as soon as
 10 23 practicable after the effective date of this compact.
 10 24    (b)  MEMBERSHIP.  The council shall be composed of fifteen
 10 25 members, each of whom shall be appointed by the attorney
 10 26 general, as follows:
 10 27    (1)  Nine members, each of whom shall serve a two-year
 10 28 term, who shall be selected from among the compact officers of
 10 29 party states based on the recommendation of the compact
 10 30 officers of all party states, except that, in the absence of
 10 31 the requisite number of compact officers available to serve,
 10 32 the chief administrators of the criminal history record
 10 33 repositories of nonparty states shall be eligible to serve on
 10 34 an interim basis.
 10 35    (2)  Two at-large members, nominated by the director of the
 11  1 FBI, each of whom shall serve a three-year term, of whom
 11  2    (A)  One shall be a representative of the criminal justice
 11  3 agencies of the federal government and may not be an employee
 11  4 of the FBI; and
 11  5    (B)  One shall be a representative of the noncriminal
 11  6 justice agencies of the federal government.
 11  7    (3)  Two at-large members, nominated by the chairperson of
 11  8 the council, once the chairperson is elected pursuant to
 11  9 Article VI(c), each of whom shall serve a three-year term, of
 11 10 whom
 11 11    (A)  One shall be a representative of state or local
 11 12 criminal justice agencies; and
 11 13    (B)  One shall be a representative of state or local
 11 14 noncriminal justice agencies.
 11 15    (4)  One member, who shall serve a three-year term, and who
 11 16 shall simultaneously be a member of the FBI's advisory policy
 11 17 board on criminal justice information services, nominated by
 11 18 the membership of that policy board.
 11 19    (5)  One member, nominated by the director of the FBI, who
 11 20 shall serve a three-year term, and who shall be an employee of
 11 21 the FBI.
 11 22    (c)  CHAIRPERSON AND VICE CHAIRPERSON.
 11 23    (1)  IN GENERAL.  From its membership, the council shall
 11 24 elect a chairperson and a vice chairperson of the council,
 11 25 respectively.  Both the chairperson and vice chairperson of
 11 26 the council
 11 27    (A)  shall be a compact officer, unless there is no compact
 11 28 officer on the council who is willing to serve, in which case
 11 29 the chairperson may be an at-large member; and
 11 30    (B)  shall serve a two-year term and may be reelected to
 11 31 only one additional two-year term.
 11 32    (2)  DUTIES OF VICE CHAIRPERSON.  The vice chairperson of
 11 33 the council shall serve as the chairperson of the council in
 11 34 the absence of the chairperson.
 11 35    (d)  MEETINGS.
 12  1    (1)  IN GENERAL.  The council shall meet at least once each
 12  2 year at the call of the chairperson.  Each meeting of the
 12  3 council shall be open to the public.  The council shall
 12  4 provide prior public notice in the federal register of each
 12  5 meeting of the council, including the matters to be addressed
 12  6 at such meeting.
 12  7    (2)  QUORUM.  A majority of the council or any committee of
 12  8 the council shall constitute a quorum of the council or of
 12  9 such committee, respectively, for the conduct of business.  A
 12 10 lesser number may meet to hold hearings, take testimony, or
 12 11 conduct any business not requiring a vote.
 12 12    (e)  RULES, PROCEDURES, AND STANDARDS.  The council shall
 12 13 make available for public inspection and copying at the
 12 14 council office within the FBI, and shall publish in the
 12 15 federal register, any rules, procedures, or standards
 12 16 established by the council.
 12 17    (f)  ASSISTANCE FROM FBI.  The council may request from the
 12 18 FBI such reports, studies, statistics, or other information or
 12 19 materials as the council determines to be necessary to enable
 12 20 the council to perform its duties under this compact.  The
 12 21 FBI, to the extent authorized by law, may provide such
 12 22 assistance or information upon such a request.
 12 23    (g)  COMMITTEES.  The chairperson may establish committees
 12 24 as necessary to carry out this compact and may prescribe their
 12 25 membership, responsibilities, and duration.  
 12 26             ARTICLE VII – RATIFICATION OF COMPACT
 12 27    This compact shall take effect upon being entered into by
 12 28 two or more states as between those states and the federal
 12 29 government.  Upon subsequent entering into this compact by
 12 30 additional states, it shall become effective among those
 12 31 states and the federal government and each party state that
 12 32 has previously ratified it.  When ratified, this compact shall
 12 33 have the full force and effect of law within the ratifying
 12 34 jurisdictions.  The form of ratification shall be in
 12 35 accordance with the laws of the executing state.  
 13  1            ARTICLE VIII – MISCELLANEOUS PROVISIONS
 13  2    (a)  RELATION OF COMPACT TO CERTAIN FBI ACTIVITIES.
 13  3    Administration of this compact shall not interfere with the
 13  4 management and control of the director of the FBI over the
 13  5 FBI's collection and dissemination of criminal history records
 13  6 and the advisory function of the FBI's advisory policy board
 13  7 chartered under the Federal Advisory Committee Act (5 U.S.C.
 13  8 App.) for all purposes other than noncriminal justice.
 13  9    (b)  NO AUTHORITY FOR NONAPPROPRIATED EXPENDITURES.
 13 10 Nothing in this compact shall require the FBI to obligate or
 13 11 expend funds beyond those appropriated to the FBI.
 13 12    (c)  RELATING TO PUBLIC LAW 92-544.  Nothing in this
 13 13 compact shall diminish or lessen the obligations,
 13 14 responsibilities, and authorities of any state, whether a
 13 15 party state or a nonparty state, or of any criminal history
 13 16 record repository or other subdivision or component thereof,
 13 17 under the Departments of State, Justice, and Commerce, the
 13 18 Judiciary, and Related Agencies Appropriation Act, 1973
 13 19 (Public Law 92-544), or regulations and guidelines promulgated
 13 20 thereunder, including the rules and procedures promulgated by
 13 21 the council under Article VI(a), regarding the use and
 13 22 dissemination of criminal history records and information.  
 13 23                   ARTICLE IX – RENUNCIATION
 13 24    (a)  IN GENERAL.  This compact shall bind each party state
 13 25 until renounced by the party state.
 13 26    (b)  EFFECT.  Any renunciation of this compact by a party
 13 27 state shall
 13 28    (1)  be effected in the same manner by which the party
 13 29 state ratified this compact; and
 13 30    (2)  become effective one hundred eighty days after written
 13 31 notice of renunciation is provided by the party state to each
 13 32 other party state and to the federal government.  
 13 33                    ARTICLE X – SEVERABILITY
 13 34    The provisions of this compact shall be severable, and if
 13 35 any phrase, clause, sentence, or provision of this compact is
 14  1 declared to be contrary to the constitution of any
 14  2 participating state, or to the Constitution of the United
 14  3 States, or the applicability thereof to any government,
 14  4 agency, person, or circumstance is held invalid, the validity
 14  5 of the remainder of this compact and the applicability thereof
 14  6 to any government, agency, person, or circumstance shall not
 14  7 be affected thereby.  If a portion of this compact is held
 14  8 contrary to the constitution of any party state, all other
 14  9 portions of this compact shall remain in full force and effect
 14 10 as to the remaining party states and in full force and effect
 14 11 as to the party state affected, as to all other provisions.  
 14 12             ARTICLE XI – ADJUDICATION OF DISPUTES
 14 13    (a)  IN GENERAL.  The council shall
 14 14    (1)  have initial authority to make determinations with
 14 15    respect to any dispute regarding
 14 16    (A)  interpretation of this compact;
 14 17    (B)  any rule or standard established by the council
 14 18    pursuant to Article V; and
 14 19    (C)  any dispute or controversy between any parties
 14 20    to this compact; and
 14 21    (2)  hold a hearing concerning any dispute described in
 14 22 paragraph (1) at a regularly scheduled meeting of the council
 14 23 and only render a decision based upon a majority vote of the
 14 24 members of the council.  Such decision shall be published
 14 25 pursuant to the requirements of Article VI(e).
 14 26    (b)  DUTIES OF FBI.  The FBI shall exercise immediate and
 14 27 necessary action to preserve the integrity of the III system,
 14 28 maintain system policy and standards, protect the accuracy and
 14 29 privacy of records, and to prevent abuses, until the council
 14 30 holds a hearing on such matters.
 14 31    (c)  RIGHT OF APPEAL.  The FBI or a party state may appeal
 14 32 any decision of the council to the attorney general, and
 14 33 thereafter may file suit in the appropriate district court of
 14 34 the United States, which shall have original jurisdiction of
 14 35 all cases or controversies arising under this compact.  Any
 15  1 suit arising under this compact and initiated in a state court
 15  2 shall be removed to the appropriate district court of the
 15  3 United States in the manner provided by section 1446 of title
 15  4 28, United States Code, or other statutory authority.
 15  5    Sec. 3.  NEW SECTION.  692B.3  DUTY OF COMMISSIONER.
 15  6    The commissioner of public safety shall be responsible to
 15  7 implement and administer this compact.  
 15  8 
 15  9 
 15 10                                                             
 15 11                               MARY E. KRAMER
 15 12                               President of the Senate
 15 13 
 15 14 
 15 15                                                             
 15 16                               BRENT SIEGRIST
 15 17                               Speaker of the House
 15 18 
 15 19    I hereby certify that this bill originated in the Senate and
 15 20 is known as Senate File 2145, Seventy-eighth General Assembly.
 15 21 
 15 22 
 15 23                                                             
 15 24                               MICHAEL E. MARSHALL
 15 25                               Secretary of the Senate
 15 26 Approved                , 2000
 15 27 
 15 28 
 15 29                               
 15 30 THOMAS J. VILSACK
 15 31 Governor
     

Text: SF02144                           Text: SF02146
Text: SF02100 - SF02199                 Text: SF Index
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