RESOLUTION NO. RS2002-1060

A resolution establishing a blood alcohol concentration test fee upon the conviction of driving while intoxicated and such fee is not to exceed fifty dollars ($50).

Whereas, Tennessee Code Annotated, § 55-10-403(h) authorizes counties with a metropolitan form of government to establish a blood alcohol concentration test fee, not to exceed fifty dollars ($50) to be assessed upon conviction of driving while intoxicated; and

Whereas, The Metropolitan Government of Nashville and Davidson County is authorized to establish such a fee and administers blood alcohol concentration tests on evidential breath testing units and breath, blood, or urine are analyzed by a public funded forensic laboratory, as specified in the statute; and

Whereas, it is in the best interest of the Metropolitan Government to recover the cost of administering these tests.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County that:

Section 1. The Metropolitan Government establishes a blood alcohol concentration test fee in the amount of fifty dollars ($50) to be assessed upon any person convicted of driving while intoxicated where an evidential breath testing unit is used to administer the test or where the person convicted was the subject of a test of breath, blood, or urine analyzed by a public funded forensic laboratory.

Section 2. All fees collected under this resolution are to be distributed and used as set forth in Tennessee Code Annotated, § 55-10-403(h)(3) and (4) or any subsequent amendment thereto.

Section 3. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Jim Shulman

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Public Safety Committee
Introduced: June 4, 2002
Deferred: June 4, 2002
Adopted: June 18, 2002
Approved: June 21, 2002
By: Mayor Bill Purcell