109 KAR 11:030.

Allocation of driving under the influence service fees.

 

      RELATES TO: KRS

189A.050

      STATUTORY

AUTHORITY: KRS 189A.040, 189A.050

      NECESSITY,

FUNCTION, AND CONFORMITY: In addition to all other penalties authorized by law,

KRS 189A.050 imposes a $150 service fee upon persons convicted of driving under

the influence of alcohol or other substance impairing one's driving ability.

This fee is to be used to fund enforcement, education and treatment programs

provided for under the driving under the influence laws, for recordkeeping, and

for the support of jails. This administrative regulation provides for the

allocation of the fee for the purposes specified in the act. This

administrative regulation also provides the procedure for implementing KRS 189A.040(4).

 

      Section 1.

Circuit clerks shall report to the Department of Local Government and pay into

the state treasury the fee imposed by KRS 189A.050 upon persons convicted of

driving under the influence of alcohol or other substance impairing driving ability

at the time other fees, fines, and forfeitures adjudged in the courts of their

counties, are reported and paid into the treasury, as provided in KRS 30A.190.

 

      Section 2.

Circuit clerks shall remit $100 of the service fee to the Department of Local

Government for each person convicted of a first offense of driving under the

influence. The offender shall be advised that the remaining fifty (50) dollar

service fee will be probated contingent upon utilization by the offender of

such sum to pay for approved education and/or treatment services provided for

first offenders. Any charges for such services in excess of the fifty (50)

dollars shall be paid by the offender. The fifty (50) dollars shall be

collected from the offender and paid into the state treasury if the offender

declines to participate in an education and/or treatment program.

 

      Section 3.

Circuit clerks shall remit the full amount of the service fee to the Department

of Local Government for second and subsequent offenders. The offender shall be

responsible for all treatment costs.

 

      Section 4. The

fees shall be allotted quarterly, on a percentage basis, to the agencies, and

for the purposes, hereinafter indicated:

      (1)

Transportation Cabinet - four (4) percent for furnishing copies of driver history

records to courts for use in driving under the influence cases.

      (2) Cabinet for

Human Resources - forty-five (45) percent for costs of treatment programs for

indigent offenders.

      (3) Justice

Cabinet - twenty-six (26) percent for enforcement activities under the

provisions of KRS 189A.010.

      (4) Department

of Local Government - twenty-five (25) percent for distribution to counties in

which drunk driving convictions are adjudged to assist in expense of

maintaining jails, and which shall be in addition to other jail costs allowed

by the state.

 

      Section 5. Fees

collected and paid into the State Treasury prior to the effective date of this

administrative regulation shall be allocated as provided in Section 4 of this

administrative regulation. (11 Ky.R. 1095; eff. 2-12-85; recodified from 200

KAR 8:030, 7-8-91; Am. 18 Ky.R. 728; eff. 12-8-91.)