H-0771.1  _______________________________________________

                          HOUSE BILL 1294

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Dellwo, Kessler, Wolfe, Romero, Appelwick, Basich and Cody

Read first time 01/20/95.  Referred to Committee on Law and Justice.

Creating the head injury trust fund.

    AN ACT Relating to the head injury trust fund; adding a new section to chapter 46.61 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

    (1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053, a twenty-five dollar fine shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522.  This fine is for the purpose of providing services to persons disabled by traumatic head injuries.

    (b) If a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the twenty-five dollar fine under (a) of this subsection.

    (2) The fine assessed in this section shall be collected by the clerk of the court and forwarded to the state treasurer for deposit in the head injury trust fund.

    (3) The head injury trust fund is created in the custody of the state treasurer.  All receipts from fines under subsection (1) of this section shall be deposited into the fund.  Expenditures from the fund may be used only to provide services to persons disabled by traumatic head injuries.  Only the director of labor and industries or the director's designee may authorize expenditures from the fund.  The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

    (4) The director of labor and industries shall establish and administer a program of benefits for persons disabled by traumatic head injuries.

    (5) For the purpose of applying for benefits under this section, the rights, privileges, responsibilities, duties, limitations, and procedures in RCW 51.28.020, 51.28.030, 51.28.040, and 51.28.060 apply.

    (6) The right to benefits under this section and the amount thereof is governed insofar as applicable by chapter 51.32 RCW.

    (7) The director of labor and industries may adopt rules under chapter 34.05 RCW as necessary to establish eligibility for benefits and amounts under this section.

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