Brief ⁽¹⁾

SB 209 enacts the National Crime Prevention and Privacy Compact. The purposes of the Compact are listed in Article 2 and include:

(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 the Compact;

(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 Compact Council under Article 6;

(4) Provide for the establishment of a 15-member Compact Council to monitor the III System operations, i.e., Interstate Identification Index System for the exchange of criminal history records and to prescribe system rules and procedures; and

(5) Require the FBI and each party state to adhere to the 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 records.

Article 3 of the Compact lists the responsibilities of the parties; Article 4 contains authorized records disclosures; and Article 5 contains records requests procedures and rules for charging fees.

The bill is effective upon publication in the Kansas Register.

Background

The bill was supported by the Kansas Bureau of Investigation. A spokesman said that by adopting the Compact decentralization of records sharing is implemented participating states which agree to release criminal history records to authorized users for authorized purposes. In doing so, the states assume dissemination functions currently performed by the states.

Seven states have adopted the Compact to date.

The bill has no fiscal impact.

The House Committee inserted the Kansas Register effective date.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi