Kentucky Statutes 189A.050 – Service fee — Amount — Payment — Remedies for nonpayment — Use of revenue from fees collected
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(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 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%) 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.
Effective: April 15, 2020
History: Amended 2020 Ky. Acts ch. 91, sec. 36, effective April 15, 2020. — Amended
2017 Ky. Acts ch. 158, sec. 10, effective June 29, 2017; and ch. 167, sec. 12, effective June 29, 2017. — 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.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, H, 4, (2) at 1684.
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.
(2) The fee shall be imposed in all cases but shall be subject to the provisions of KRS
Terms Used In Kentucky Statutes 189A.050
- Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Kentucky Statutes 189A.005
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 189A.005
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
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 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%) 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.
Effective: April 15, 2020
History: Amended 2020 Ky. Acts ch. 91, sec. 36, effective April 15, 2020. — Amended
2017 Ky. Acts ch. 158, sec. 10, effective June 29, 2017; and ch. 167, sec. 12, effective June 29, 2017. — 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.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, H, 4, (2) at 1684.
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.