§ 12-12-1012 — Fees for noncriminal justice record searches

(a) (1) (A) A fee may be charged for providing criminal history information for noncriminal justice purposes. (B) However, the fee for providing criminal history information may be waived at the request of a: (i) Local school district, for providing criminal history information concerning a volunteer in a public school program; or (ii) (a) Nonprofit organization whose purpose is to serve juveniles, for providing criminal history information concerning volunteers to the nonprofit organization. (b) This exemption shall not be applicable to a child care facility whose owner, operator, or employees are required under § 20-78-606 to apply to the Identification Bureau of the Department of Arkansas State Police for a criminal records check. (2) (A) The amount of the fee for electronic Internet submission will be determined jointly by the bureau and the central repository and shall not exceed twenty dollars ($20.00), exclusive of any third-party electronic processing fee charges. (B) Effective July 1, 2005, the amount of the fee for providing information by means other than the Internet shall be determined jointly by the bureau and the central repository and shall not exceed thirty dollars ($30.00). (b) (1) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the State Police Equipment Fund. (2) Except as provided in subdivision (b)(3) of this section, all fees collected pursuant to this section shall be deposited into the State Treasury as special revenue and credited: (A) Fifty percent (50%) to the Crime Information System Fund, there to be used for the continued operation and expansion of the automated criminal history system; and (B) Fifty percent (50%) to the State Police Equipment Fund, there to be used for the continued operation and expansion of the automated fingerprint identification system. (3) Fees collected under subdivision (a)(2)(B) of this section shall be deposited into the State Treasury as special revenue as follows: (A) Ten dollars ($10.00) of each fee collected shall be credited to the Crime Information System Fund; and (B) The portion of a collected fee that exceeds ten dollars ($10.00) shall be credited to the State Police Equipment Fund. (4) (A) Special revenues deposited into the Crime Information System Fund and the State Police Equipment Fund may be used for personal services and operating expenses as provided by law and for conducting criminal background checks for noncriminal justice purposes. (B) The special revenues unused at the end of any fiscal year shall be carried forward.

Legislative History

Acts 1993, No. 1109, § 11; 1995, No. 847, § 1; 1997, No. 447, § 1; 1997, No. 1102, § 3; 2005, No. 1573, § 1; 2005, No. 1962, § 42; 2009, No. 762, § 1.