Legislation

THE STATE OF KENTUCKY

KENTUCKY 2004 REGULAR SESSION

HOUSE BILL 157

VERSION: Engrossed

VERSION-DATE: February 5, 2004

SYNOPSIS: AN ACT relating to services for individuals with brain injuries and making an appropriation therefor.

NOTICE:

TEXT: Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 189A.050 is amended to read as follows:

(1) All persons convicted of violation of KRS 189A.010(1)(a), (b), (c), or (d) shall be sentenced to pay a service fee of [THREE HUNDRED TWENTY-FIVE] [two hundred fifty] dollars [($ 325)] [($ 250)] , 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 relating to the method of imposition and KRS 534.060 as to remedies for nonpayment of the fee.

(3) The revenue collected from the service fee imposed by this section shall be utilized as follows:

(a) TWELVE [Fifteen] percent (12%] (15%)] of the amount collected shall be transferred to the 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] [Twenty-five] percent [(20%)] [(25%)] of the service fee collected pursuant to this section 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%) 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. FUNDS COLLECTED UNDER THIS SUBSECTION SHALL NOT APPLY TO THE LIMITS ESTABLISHED UNDER KRS 42.320(2)(D); AND]

[2. FIFTY PERCENT (50%) SHALL BE CREDITED TO THE CABINET FOR HEALTH SERVICES, DEPARTMENT FOR MENTAL HEALTH AND MENTAL RETARDATION SERVICES, 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; and

[(F)] [(e)] The remainder of the service fee shall 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.

(4) The amounts specified in subsection (3)(a), (b), [and] (c) [AND (D)] of this section shall be placed in trust and agency accounts that shall not lapse.

Section 2. KRS 42.320 is amended to read as follows:

(1) There is hereby established the court cost distribution fund, which is created to provide a central account into which the court costs collected by all circuit clerks, under KRS 23A.205(1) and 24A.175(1), shall be paid.

(2) The fund shall be administered by the Finance and Administration Cabinet, which shall make monthly disbursements from the fund according to the following schedule:

(a) Forty-nine percent (49%) of each court cost shall be paid into the general fund;

(b) Ten and eight-tenths percent (10.8%) of each court cost, up to five million four hundred thousand dollars ($ 5,400,000), shall be paid into the State Treasury for the benefit and use of the Kentucky Local Correctional Facilities Construction Authority under KRS 441.605 to 441.695;

(c) Six and one-half percent (6.5%) of each court cost, up to three million two hundred fifty thousand dollars ($ 3,250,000), shall be paid into the spinal cord and head injury research trust fund created in KRS 211.504;

(d) Five and one-half percent (5.5%) of each court cost, up to [THREE MILLION TWO HUNDRED FIFTY THOUSAND] [two million seven hundred fifty thousand] dollars [($ 3,250,000)] [($ 2,750,000)] , shall be paid into the traumatic brain injury trust fund created in KRS 211.476;

(e) Five percent (5%) of each court cost, up to two million five hundred thousand dollars ($ 2,500,000), shall be paid into a trust and agency account with the Administrative Office of the Courts and is to be used by the circuit clerks to hire additional deputy clerks and to enhance deputy clerk salaries;

(f) Three and one-half percent (3.5%) of each court cost, up to one million seven hundred fifty thousand dollars ($ 1,750,000), shall be paid to a special trust and agency account that shall not lapse for the Department of Public Advocacy;

(g) Three and four-tenths percent (3.4%) of each court cost, up to one million seven hundred thousand dollars ($ 1,700,000), shall be paid into the crime victims' compensation fund created in KRS 346.185;

(h) Seven-tenths of one percent (0.7%) of each court cost, up to three hundred fifty thousand dollars ($ 350,000), shall be paid to the Justice Cabinet to defray the costs of conducting record checks on prospective firearms purchasers pursuant to the Brady Handgun Violence Prevention Act and for the collection, testing, and storing of DNA samples;

(i) Ten and one-tenth percent (10.1%) of each court cost, up to five million fifty thousand dollars ($ 5,050,000), deposited in the fund shall be paid to the county sheriff in the county from which the court cost was received; and

(j) Five and one-half percent (5.5%) of each court cost, up to two million seven hundred fifty thousand dollars ($ 2,750,000), deposited in the fund shall be paid to the county treasurer in the county from which the court cost was received and shall be used by the fiscal court in that county for the purposes of defraying the costs of operation of the county jail and the transportation of prisoners.

(3) Any moneys remaining in the fund after the monthly disbursements in subsection (2) of this section shall be paid into the general fund.

(4) Any moneys collected above the prescribed amount shall be paid into the general fund.

Section 3. The moneys received from the fines levied under subparagraphs 1. and 2. of paragraph (d) of subsection (3) of Section 1 of this Act are hereby appropriated for the purposes provided in those subparagraphs.

SPONSOR: Marzian