§ 12-12-1012 - Fees for noncriminal justice record searches.
               	 		
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 a 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.