Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 69 First Substitute (2018GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows Utah to join the National Crime Prevention and Privacy Compact;
• provides definitions;
• permits Utah to share information with other states and the federal government relating to background checks and criminal histories;
• creates a process for Utah to request records from the FBI and other states that are parties to the compact;
• designates a compact council to administer the compact;
• provides for adjudication of disputes between member parties; and
• sets requirements for withdrawal from the compact.

Every vote on this bill

Bill text

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts the Utah Crime Prevention and Privacy Compact.
Highlighted Provisions:
This bill:
▸ allows Utah to join the National Crime Prevention and Privacy Compact;
▸ provides definitions;
▸ permits Utah to share information with other states and the federal government
relating to background checks and criminal histories;
▸ creates a process for Utah to request records from the FBI and other states that are
parties to the compact;
▸ designates a compact council to administer the compact;
▸ provides for adjudication of disputes between member parties; and
▸ sets requirements for withdrawal from the compact.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53-19-101
, Utah Code Annotated 1953
53-19-102
, Utah Code Annotated 1953
53-19-103
, Utah Code Annotated 1953
53-19-104
, Utah Code Annotated 1953
53-19-105
, Utah Code Annotated 1953
53-19-106
, Utah Code Annotated 1953
53-19-107
, Utah Code Annotated 1953
53-19-108
, Utah Code Annotated 1953
53-19-109
, Utah Code Annotated 1953
53-19-110
, Utah Code Annotated 1953
53-19-111
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-19-101
 is enacted to read:
CHAPTER 19. UTAH CRIME PREVENTION AND PRIVACY COMPACT
 53-19-101.
Title -- Purpose.
(1) This chapter is known as the "Utah Crime Prevention and Privacy Compact."
(2) (a) 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) 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.
(3) The purpose of this compact is to:
(a) 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;
(b) 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 Section 
53-19-106
;
(c) 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 Section 
53-19-106
;
(d) 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
(e) 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 the records.
Section 2. Section 
53-19-102
 is enacted to read:
 53-19-102.
Definitions.
As used in this compact:
(1) "Attorney general" means the attorney general of the United States.
(2) "Compact officer" means:
(a) with respect to the federal government, an official 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" means the compact council established under Section 
53-19-106
.
(4) "Criminal history record repository" means the state agency designated by the
governor, appropriate executive official, or the Legislature of a state to perform centralized
recordkeeping functions for criminal history records and services in the state.
(5) (a) "Criminal history records" 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 dispositions, including
acquittal, sentencing, correctional supervision, or release.
(b) "Criminal history records" does not include identification information such as
fingerprint records if the information does not indicate involvement of the individual with the
criminal justice system.
(6) "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" means:
(a) the courts;
(b) any governmental agency or subunit of a governmental agency 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
(c) includes federal and state inspectors general offices.
(8) "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" means any felony or misdemeanor offense not included on the
list of nonserious offenses published periodically by the FBI.
(10) "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" 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 is promulgated in accordance with
applicable law.
(12) "FBI" means the Federal Bureau of Investigation.
(13) "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 the system, the criminal history record repositories of the states
and the FBI.
(14) "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" 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" means the National Identification Index and the National
Fingerprint File.
(17) "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.
(18) "Nonparty state" means a state that has not ratified this compact.
(19) "Party state" means a state that has ratified this compact.
(20) "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 of names, numbers, and
nonunique identification characteristics may not constitute positive identification.
(21) "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
each state's own law and procedure.
(22) "State" means any state, territory, or possession of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
Section 3. Section 
53-19-103
 is enacted to read:
 53-19-103.
Responsibilities of compact parties -- FBI responsibilities -- State
responsibilities -- Compliance -- Maintenance.
(1) The director of the FBI shall:
(a) appoint an FBI compact officer who shall:
(i) 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 Section 
53-19-105
;
(ii) ensure that compact provisions and rules, procedures, and standards prescribed by
the council under Section 
53-19-106
 are complied with by the Department of Justice and the
federal agencies and other agencies and organizations referred to in Section 
53-19-103
; and
(iii) regulate the use of records received by means of the III System from party states
when the records are supplied by the FBI directly to other federal agencies;
(b) provide to federal agencies and to state criminal history record repositories criminal
history records maintained in the FBI's database for the noncriminal justice purposes described
in Section 
53-19-104
, including:
(i) information from nonparty states; and
(ii) 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;
(c) 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 Section 
53-19-104
 and ensure that the exchange of those records
for criminal justice purposes has priority over exchange for noncriminal justice purposes; and
(d) 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 Section 
53-19-105
.
(2) Each party state shall:
(a) appoint a compact officer who shall:
(i) administer this compact within that state;
(ii) ensure that compact provisions and rules, procedures, and standards established by
the council under Section 
53-19-106
 are complied with in the state; and
(iii) regulate the in-state use of records received by means of the III System from the
FBI or from other party states;
(b) establish and maintain a criminal history record repository, which shall provide:
(i) information and records for the National Identification Index and the National
Fingerprint File; and
(ii) the state's III System-indexed criminal history records for noncriminal justice
purposes described in Section 
53-19-104
;
(c) participate in the National Fingerprint File; and
(d) provide and maintain telecommunications links and related equipment necessary to
support the services set forth in this compact.
(3) 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.
(4) (a) 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.
(b) Administration of compact provisions may not reduce the level of service available
to authorized noncriminal justice users on the effective date of this compact.
Section 4. Section 
53-19-104
 is enacted to read:
 53-19-104.
Authorized record disclosures -- Criminal history record repositories
-- Procedures.
(1) To the extent authorized by 5 U.S.C. Sec. 552(a), 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.
(2) The FBI, to the extent authorized by 5 U.S.C. Sec. 552(a) 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 and that authorizes national indices checks.
(3) 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
Section 
53-19-106
, which procedures shall protect the accuracy and privacy of the records, and
shall:
(a) ensure that records obtained under this compact are used only by authorized
officials for authorized purposes;
(b) require that subsequent record checks are requested to obtain current information
whenever a new need arises; and
(c) 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.
Section 5. Section 
53-19-105
 is enacted to read:
 53-19-105.
Record request procedures -- Positive identification -- Submission of
requests -- Fees -- Additional search.
(1) Subject fingerprints or other approved forms of positive identification shall be
submitted with all requests for criminal history record checks for noncriminal justice purposes.
(2) 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 the request is transmitted
through another state criminal history record repository or the FBI.
(3) 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 the request originated. Direct access to the National
Identification Index by entities other than the FBI and state criminal history record repositories
is not permitted for noncriminal justice purposes.
(4) A state criminal history record repository or the FBI:
(a) may charge a fee, in accordance with applicable law, for handling a request
involving fingerprint processing for noncriminal justice purposes; and
(b) 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.
(5) (a) 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.
(b) If, with respect to a request forwarded by a state criminal history record repository
under Subsection (5)(a), the FBI positively identifies the subject as having a III System-indexed
record or records:
(i) the FBI shall advise the state criminal history record repository; and
(ii) 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.
Section 6. Section 
53-19-106
 is enacted to read:
 53-19-106.
Compact council -- Establishment -- Organization -- Membership --
Meetings -- Quorum -- Rules, procedure, and standards -- Assistance from FBI --
Committees.
(1) (a) There is established a compact council, which shall have the authority to
promulgated 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.
(b) The council shall:
(i) continue in existence as long as this compact remains in effect;
(ii) be located, for administrative purposes, within the FBI; and
(iii) be organized and hold the council's first meeting as soon as practicable after the
effective date of this compact.
(2) The council shall be composed of 15 members, each of whom shall be appointed by
the attorney general, as follows:
(a) nine members, each of whom shall serve a two-year term, and 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;
(b) two at-large members, nominated by the director of the FBI, each of whom shall
serve a three-year term, of whom:
(i) one shall be a representative of the criminal justice agencies of the federal
government, but may not be an employee of the FBI; and
(ii) one shall be a representative of the noncriminal justice agencies of the federal
government;
(c) two at-large members, nominated by the chair of the council, once the chairman is
elected pursuant to Section 
53-19-106
, each of whom shall serve a three-year term, of whom:
(i) one shall be a representative of state or local criminal justice agencies; and
(ii) one shall be a representative of state or local noncriminal justice agencies;
(d) one member, who shall serve a three-year term, and who shall simultaneously be a
member of the FBI's advisory policy board on criminal justice information services, nominated
by the membership of that policy board; and
(e) one member, nominated by the director of the FBI, who shall serve a three-year
term, and who shall be an employee of the FBI.
(3) (a) From its membership, the council shall elect a chair and a vice chair of the
council, respectively. Both the chair and vice chair of the council:
(i) shall be a compact officer, unless there is no compact officer on the council who is
willing to serve, in which case the chair may be an at-large member; and
(ii) shall serve a two-year term and may be reelected to only one additional two-year
term.
(b) The vice chair of the council shall serve as the chair of the council in the absence of
the chair.
(4) (a) The council shall meet at least once each year at the call of the chair. Each
meeting of the council shall be open to the public. The council shall provide prior public notice
in the Federal Register of each meeting of the council, including the matters to be addressed at
the meeting.
(b) A majority of the council or any committee of the council shall constitute a quorum
of the council or of the 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.
(5) 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.
(6) The council may request from the FBI any reports, studies, statistics, or other
information or materials the council determines to be necessary to enable the council to
perform the council's duties under this compact. The FBI, to the extent authorized by law, may
provide any assistance or information upon a request.
(7) The chair may establish committees necessary to carry out this compact and may
prescribe their membership, responsibilities, and duration.
Section 7. Section 
53-19-107
 is enacted to read:
 53-19-107.
Ratification compact.
This compact shall take effect upon being entered into by two or more states as between
those states and the federal government. Upon subsequent entering into this compact by
additional states, it shall become effective among those states and the federal government and
each party state that has previously ratified it. When ratified, this compact shall have the full
force and effect of law within the ratifying jurisdictions. The form of ratification shall be in
accordance with the laws of the executing state.
Section 8. Section 
53-19-108
 is enacted to read:
 53-19-108.
Miscellaneous provisions -- Relation of compact to FBI activities -- No
authority for nonappropriated expenditures.
(1) Administration of this compact may 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 5 U.S.C.
App. 2, Federal Advisory Committee Act, for all purposes other than noncriminal justice.
(2) Nothing in this compact shall require the FBI to obligate or expend funds beyond
those appropriated to the FBI.
(3) 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 of a criminal history record repository,
under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies
Appropriation Act, 1973, Pub. L. No. 92-544, or regulations and guidelines promulgated under
the act, including the rules and procedures promulgated by the council under Section
53-19-106
, regarding the use and dissemination of criminal history records and information.
Section 9. Section 
53-19-109
 is enacted to read:
 53-19-109.
Renunciation -- Effect.
(1) This compact shall bind each party state until renounced by the party state.
(2) Any renunciation of this compact by a party state shall:
(a) be effected in the same manner by which the party state ratified this compact; and
(b) 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.
Section 10. Section 
53-19-110
 is enacted to read:
 53-19-110.
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 to any government,
agency, person, or circumstance is held invalid, the validity of the remainder of this compact
and the applicability to any government, agency, person, or circumstance is not affected. 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.
Section 11. Section 
53-19-111
 is enacted to read:
 53-19-111.
Adjudication of disputes -- Duties of FBI -- Right of appeal.
(1) The council shall:
(a) have initial authority to make determinations with respect to any dispute regarding:
(i) interpretation of this compact;
(ii) any rule or standard established by the council pursuant to Section 
53-19-105
; and
(iii) any dispute or controversy between any parties to this compact; and
(b) hold a hearing concerning any dispute described in Subsection (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. The decision shall be published pursuant to the requirements of
Section 
53-19-106
.
(2) 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 the matters.
(3) The FBI or a party state may appeal any decision of the council to the attorney
general, and 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 28 U.S.C. Sec. 1446, or other statutory
authority.
Legislative Review Note
Office of Legislative Research and General Counsel