2013 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE 189A.050 Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of revenue from fees collected.
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189A.050 Service fee -- Amount -- Payment -- Remedies for nonpayment -Use of revenue from fees collected.
(1)
(2)
(3)
All persons convicted of violation of KRS 189A.010(1)(a), (b), (c), (d), or (e)
shall be sentenced to pay a service fee of three hundred seventy-five dollars
($375), which shall be in addition to all other penalties authorized by law.
The fee shall be imposed in all cases but shall be subject to the provisions of
KRS 534.020 relating to the method of imposition and KRS 534.060 as to
remedies for nonpayment of the fee.
The first fifty dollars ($50) of each service fee imposed by this section shall be
paid into the general fund, and the remainder of the revenue collected from the
service fee imposed by this section shall be utilized as follows:
(a) Twelve percent (12%) of the amount collected shall be transferred to the
Department of Kentucky State Police forensic laboratory for the
acquisition, maintenance, testing, and calibration of alcohol concentration
testing instruments and the training of laboratory personnel to perform
these tasks;
(b) Twenty percent (20%) of the service fee collected pursuant to this section
shall be allocated to the Department for Public Advocacy;
(c) One percent (1%) shall be transferred to the Prosecutor's Advisory
Council for training of prosecutors for the prosecution of persons charged
with violations of this chapter and for obtaining expert witnesses in cases
involving the prosecution of persons charged with violations of this
chapter or any other offense in which driving under the influence is a
factor in the commission of the offense charged;
(d) Sixteen percent (16%) of the amount collected shall be transferred as
follows:
1.
Fifty percent (50%) shall be credited to the traumatic brain injury
trust fund established under KRS 211.476; and
2.
Fifty percent (50%) shall be credited to the Cabinet for Health and
Family Services, Department for Behavioral Health, Developmental
and Intellectual Disabilities, for the purposes of providing direct
services to individuals with brain injuries that may include long-term
supportive services and training and consultation to professionals
working with individuals with brain injuries. As funding becomes
available under this subparagraph, the cabinet may promulgate
administrative regulations pursuant to KRS Chapter 13A to
implement the services permitted by this subparagraph;
(e) Any amount specified by a specific statute shall be transferred as
provided in that statute;
(f) Forty-six percent (46%) of the amount collected shall be transferred to be
utilized to fund enforcement of this chapter and for the support of jails,
recordkeeping, treatment, and educational programs authorized by this
chapter and by the Department for Public Advocacy; and
(g) The remainder of the amount collected shall be transferred to the general
fund.
(4)
The amounts specified in subsection (3)(a), (b), (c), and (d) of this section shall
be placed in trust and agency accounts that shall not lapse.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 16, effective July 12, 2012; and ch.
158, sec. 11, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 149,
sec. 19, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 158, sec. 6,
effective July 1, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 213, effective
June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 147, effective June 20,
2005. -- Amended 2004 Ky. Acts ch. 137, sec. 1, effective July 13, 2004. -Amended 2000 Ky. Acts ch. 467, sec. 4, effective October 1, 2000. -- Amended
1994 Ky. Acts ch. 395, sec. 3, effective July 15, 1994. -- Created 1984 Ky. Acts
ch. 165, sec. 5, effective July 13, 1984.
Legislative Research Commission Note (7/12/2012). This statute was amended
by 2012 Ky. Acts chs. 146 and 158, which are in conflict. Under KRS 446.250,
Acts. ch. 146, which was last enacted by the General Assembly, prevails.
Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85,
relating to the creation and organization of the Justice and Public Safety
Cabinet, instructs the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in that Act. Such a
correction has been made in this section.
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