200 KAR 38:020. Allocation of driving under the influence service fees.

 

      RELATES TO: KRS 189A.050

      STATUTORY AUTHORITY: KRS 42.0201(3), (5)(a)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 189A.050 imposes a $325 service fee upon persons convicted of driving under the influence of alcohol or other substance impairing one’s driving ability and allocates the fee among designated agencies. This administrative regulation provides for the allocation of forty-six (46) percent of the service fee, as stated in KRS 189A.050(3)(f), for the purposes specified in the statute.

 

      Section 1. Circuit clerks shall report to the Finance and Administration Cabinet 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. Pursuant to KRS 189A.050(3)(f), forty-six (46) percent of the $325 service fee collected shall be allocated quarterly by the Finance and Administration Cabinet, on a percentage basis, to the agencies, and for the purposes, indicated below:

      (1) Transportation Cabinet - five (5) percent for furnishing copies of driver history records to courts for use in driving under the influence cases.

      (2) Health and Family Services Cabinet - fifty-one and one-half (51.5) percent for costs of treatment programs for indigent offenders.

      (3) Finance and Administration Cabinet - twenty-nine and one-half (29.5) 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.

      (4) Justice and Public Safety Cabinet - fourteen (14) percent for enforcement of activities under the provisions of KRS 189A.010. (31 Ky.R. 1031; eff. 1-21-2005).