§ 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 34 U.S.C. § 40104.
(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.)