109 KAR 11:030.
Allocation of driving under the influence service fees.
RELATES TO: KRS
AUTHORITY: KRS 189A.040, 189A.050
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).
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.
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.
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:
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
Cabinet - twenty-six (26) percent for enforcement activities under the
provisions of KRS 189A.010.
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.)