§ 2063. Criminal history record fees; Criminal History Record Check Fund

(a) Except as otherwise provided for in this section, the cost of each check for a criminal history record as defined in section 2056a of this title or a criminal conviction record as defined in section 2056c of this title based on name and date of birth shall be $30.00. Out-of-state criminal history record checks shall include any additional fees charged by the state from which the record is requested.

(b) Requests made by criminal justice agencies for criminal justice purposes or other purposes authorized by State or federal law shall be exempt from all record check fees. The following types of requests shall be exempt from the Vermont criminal record check fee:

(1) Requests made by any individual, organization, or governmental body doing business in Vermont that has one or more individuals performing services for it within this State and is a qualified entity that provides care or services to children, elders, or persons with disabilities as defined in 42 U.S.C. § 5119c.

(2) Requests made by researchers approved by the Vermont Crime Information Center to conduct research related to the administration of criminal justice. A fee, however, may be charged by the Center, which shall reflect the cost of generating the requested information.

(3) Requests made by individuals to review their own record at the Vermont Crime Information Center; however, copies of the individual's record are not exempt from the record check fee.

(4) Requests made by the Vermont State Housing Authority and other public housing authorities pursuant to 24 V.S.A § 4010(c).

(5) Requests made by environmental enforcement officers employed by the Agency of Natural Resources.

(c)(1) The Criminal History Record Check Fund is established and shall be managed by the Commissioner of Public Safety in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The fees paid each year under this section shall be placed in the Fund and used for personal services and operating costs related to the processing, maintenance, and dissemination of criminal history records. The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts.

(2) At the end of each fiscal year, any undesignated surplus in the Fund shall be transferred to the General Fund.

(d) The Department of Public Safety shall have the authority, with the approval of the Secretary of Administration, to establish limited service positions as are necessary to provide criminal record checks in a timely manner, provided that there are sufficient funds in the Criminal History Record Check Fund to pay for the costs of these positions. (Added 1999, No. 151 (Adj. Sess.), § 4; amended 2005, No. 169 (Adj. Sess.), § 6; 2007, No. 76, § 33a; 2007, No. 165 (Adj. Sess.), §§ 4, 9; 2007, No. 165 (Adj. Sess.), § 6, eff. July 1, 2009; 2009, No. 54, § 61, eff. June 1, 2009; 2013, No. 96 (Adj. Sess.), § 121; 2013, No. 119 (Adj. Sess.), § 10; 2015, No. 172 (Adj. Sess.), § E.208.1.)