1. Compact council. There is established a compact council that has 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. The council is located for administrative purposes within the FBI and continues in existence as long as this compact remains in effect. The council shall hold its first meeting as soon as practicable after the effective date of this compact.

[PL 2001, c. 372, §3 (NEW).]

Terms Used In Maine Revised Statutes Title 25 Sec. 1707

A. See Maine Revised Statutes Title 25 Sec. 1703
  • Council: means the compact council established under section 1707. See Maine Revised Statutes Title 25 Sec. 1703
  • Criminal justice: means activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders. See Maine Revised Statutes Title 25 Sec. 1703
  • FBI: means the Federal Bureau of Investigation. See Maine Revised Statutes Title 25 Sec. 1703
  • III system: includes the national indices and, to the extent of their participation in the system, the criminal history record repositories of the states and the FBI. See Maine Revised Statutes Title 25 Sec. 1703
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • 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. See Maine Revised Statutes Title 25 Sec. 1703
  • Quorum: The number of legislators that must be present to do business.
  • State: means any state, territory or possession of the United States. See Maine Revised Statutes Title 25 Sec. 1703
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
  • 2. Membership. The council is comprised of 15 members, each of whom must be appointed by the Attorney General, as follows:
    A. Nine members, each of whom shall serve a 2-year term and who must 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 are eligible to serve on an interim basis; [PL 2001, c. 372, §3 (NEW).]
    B. Two at-large members, nominated by the Director of the FBI, each of whom shall serve a 3-year term and:

    (1) One of whom must be a representative of the criminal justice agencies of the Federal Government and may not be an employee of the FBI; and
    (2) One of whom must be a representative of the noncriminal justice agencies of the Federal Government; [PL 2001, c. 372, §3 (NEW).]
    C. Two at-large members, nominated by the chair of the council once the chair is elected pursuant to subsection 3, each of whom shall serve a 3-year term and:

    (1) One of whom must be a representative of state or local criminal justice agencies; and
    (2) One of whom must be a representative of state or local noncriminal justice agencies; [PL 2001, c. 372, §3 (NEW).]
    D. One member who serves a 3-year term and who is simultaneously a member of the FBI’s advisory policy board on criminal justice information services, nominated by the membership of that policy board; and [PL 2001, c. 372, §3 (NEW).]
    E. One member, nominated by the Director of the FBI, who serves a 3-year term and who is an employee of the FBI. [PL 2001, c. 372, §3 (NEW).]

    [PL 2001, c. 372, §3 (NEW).]

    3. Chair. From its membership, the council shall elect a chair and a vice-chair, who shall serve as chair in the absence of the chair, of the council. Both the chair and vice-chair of the council:
    A. Must be compact officers, 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 [PL 2001, c. 372, §3 (NEW).]
    B. Serve 2-year terms and may be reelected to only one additional 2-year term. [PL 2001, c. 372, §3 (NEW).]

    [PL 2001, c. 372, §3 (NEW).]

    4. Meetings. The council shall meet at least once each year at the call of the chair. Each meeting of the council must 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. A majority of the council or any committee of the council constitutes a quorum of the council or of a 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.

    [PL 2001, c. 372, §3 (NEW).]

    5. Rules. 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.

    [PL 2001, c. 372, §3 (NEW).]

    6. FBI assistance. The council may request from the FBI reports, studies, statistics or other information or materials that 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 assistance or information upon a request.

    [PL 2001, c. 372, §3 (NEW).]

    7. Committees. The chair may establish committees as necessary to carry out this compact and may prescribe the committees’ membership, responsibilities and duration.

    [PL 2001, c. 372, §3 (NEW).]

    SECTION HISTORY

    PL 2001, c. 372, §3 (NEW).