Ky. Rev. Stat. § 189A.050

Current through Acts Received April 24, 2024
Section 189A.050 - Service fee - Amount - Payment - Remedies for nonpayment - Use of revenue from fees collected
(1) 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 four hundred twenty-five dollars ($425), which shall be in addition to all other penalties authorized by law.
(2) The fee shall be imposed in all cases but shall be subject to the provisions of KRS 534.020 and KRS 534.060.
(3) The first fifty dollars ($50) of each service fee imposed by this section shall be paid into the general fund, the second fifty dollars ($50) of each service fee imposed by this section shall be paid to the ignition interlock administration fund established in KRS 189A.380, and the remainder of the revenue collected from the service fee imposed by this section shall be utilized as follows:
(a) Twelve percent (12%) 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%) shall be allocated to the Department of Public Advocacy;
(c) One percent (1%) shall be transferred to the Prosecutors 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%) 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%) 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 of Public Advocacy; and
(g) The remainder 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.

KRS 189A.050

Amended by 2024 Ky. Acts ch. TBD,§ 8, eff. 4/5/2024.
Amended by 2020 Ky. Acts ch. 91,§ 36, eff. 4/15/2020.
Amended by 2017 Ky. Acts ch. 167,§ 12, eff. 6/29/2017.
Amended by 2017 Ky. Acts ch. 158,§ 10, eff. 6/29/2017.
Amended by 2012 Ky. Acts ch. 158,§ 11, eff. 7/11/2012.
Amended by 2012 Ky. Acts ch. 146,§ 16, eff. 7/11/2012.
Amended 2010, Ky. Acts ch. 149, sec. 19, effective 7/15/2010. -- Amended 2008, Ky. Acts ch. 158, sec. 6, effective 7/1/2008. -- Amended 2007, Ky. Acts ch. 85, sec. 213, effective 6/26/2007. -- Amended 2005, Ky. Acts ch. 99, sec. 147, effective 6/20/2005. -- Amended 2004, Ky. Acts ch. 137, sec. 1, effective 7/13/2004. -- Amended 2000, Ky. Acts ch. 467, sec. 4, effective 10/1/2000. --Amended 1994 Ky. Acts ch. 395, sec. 3, effective 7/15/1994. -- Created 1984 Ky. Acts ch. 165, sec. 5, effective 7/13/1984.