AGO 1989-083.

• Case Date: July 05, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-083. July 5, 1989ATTORNEY GENERAL OPINION NO. 89-83The Honorable Robert A. ThiessenAdministrative Judge Municipal Court City Hall Third Floor 455 North Main Street Wichita, Kansas 67202 Re: Automobiles and Other Vehicles--Driving Under the Influence of Alcohol or Drugs; Related Provisions--Alcohol and Drug Safety Action Program; Fees, Disposition Synopsis: The costs incurred by the court as a result of auditing the alcohol and drug safety action fund may be characterized as an expense of administering the fund. Therefore such costs may be paid from the portion of the fund authorized to be used for administrative expense. Cited herein: K.S.A.1988 Supp. 8-1008. * * * Dear Judge Thiessen: As Administrative Judge for the Municipal Court for the City of Wichita, you request our opinion regarding the appropriateness of certain expenditures from the alcohol and drug safety action fund created by K.S.A.1988 Supp. 8-1008(e). Specifically you inquire whether money from the fund may be used to pay the court's cost of auditing the fund. The alcohol and drug safety action fund is made up of assessments imposed on persons convicted of or diverted from violations of K.S.A.1988 Supp. 8-1567, the statute prohibiting driving under the influence of alcohol or drugs. Pertinent provisions regarding administration of the fund are as follows:

"Except as otherwise provided in this subsection, the clerk of the court shall deposit all assessments received under this section in the alcohol and drug safety action fund of the court, which fund shall be subject to the administration of the judge having administrative authority over that court. . . . Moneys credited to the alcohol and drug safety action fund shall be expended by the court, pursuant to vouchers signed by the judge having administrative authority over that court, only for costs of the services specified by subsection (a) or otherwise required or authorized by law and provided by community-based alcohol and drug safety action programs, except that not more than

...