H-1505.1  _______________________________________________

 

                          HOUSE BILL 2046

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representatives Kessler, Ballasiotes, Cody, Skinner, Keiser, Ogden, Santos, Dickerson, Edmonds, Constantine, Lantz, Hurst, Boldt, Mielke, Benson, Delvin, Anderson, Van Luven, Conway and Ruderman

 

Read first time 02/15/1999.  Referred to Committee on Appropriations.

Creating a brain injury trust fund.


    AN ACT Relating to the brain 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) A one hundred 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 brain 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 one hundred 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 brain injury trust fund.

    (3) The brain 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 brain injuries.  The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

    (4) The governor's committee on disability issues and employment is responsible for oversight over the brain injury trust fund.  Only the governor's committee on disability issues and employment may authorize expenditures from the fund.

    (5) The governor's committee on disability issues and employment may adopt rules under chapter 34.05 RCW as necessary to establish eligibility for benefits and amounts under this section.

 


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