H-1269              _______________________________________________

 

                                                   HOUSE BILL NO. 1803

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Representatives D. Sommers, Heavey, Hargrove, Padden, Sprenkle, Ferguson, Walker, Moyer, McLean, Beck, Schoon, Van Luven, May, Baugher, Brumsickle, Kremen, Wineberry, Miller, Horn, P. King, Tate, Doty, Youngsman, Wood and Todd

 

 

Read first time 2/6/89 and referred to Committee on Judiciary.

 

 


AN ACT Relating to funding for drug abuse prevention education; adding a new section to chapter 9.92 RCW; adding a new section to chapter 13.40 RCW; adding a new section to chapter 43.08 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 9.92 RCW to read as follows:

          (1) Every person convicted of a crime involving the possession, sale, or use of any controlled substance or alcohol shall be fined one hundred twenty-five dollars, which shall be used to provide funding for drug and alcohol abuse prevention education.

          (2)(a) The fine imposed under subsection (1) of this section is mandatory.  No suspension or waiver of this amount can be made.  Fines collected by municipal courts and county district and superior courts shall be deposited in a special city or county fund for the sole purpose of drug and alcohol abuse prevention education.

          (b) If any city or county government has not established a program for drug and alcohol abuse prevention by December 31, 1990, any and all funds collected and deposited under subsection (1) of this section shall be transferred to the state treasurer for deposit into the state drug and alcohol abuse prevention fund.  If a city or county has not established such a program by December 31st of each succeeding year those fines collected and deposited shall be transferred to the state drug and alcohol abuse prevention fund.

          (c) For purposes of determining whether a local government has established a program, the city or county must show the following:

          (i) Employment of at least one full-time staff person; and

          (ii) The program must be substantially similar to the drug abuse resistance education program (D.A.R.E.).

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 13.40 RCW to read as follows:

          (1) Every minor convicted of a crime involving the possession, sale, or use of any controlled substance or alcohol shall be fined one hundred twenty-five dollars, which shall be used to provide funding for drug and alcohol abuse prevention education.

          (2)(a) The fine imposed under subsection (1) of this section is mandatory.  No suspension or waiver of this amount can be made.  Fines collected by a municipal court, juvenile court, and county district and superior courts shall be deposited in a special city or county fund for the sole purpose of drug and alcohol abuse prevention education.

          (b) If any city or county government has not established a program for drug and alcohol abuse prevention by December 31, 1990, any and all funds collected and deposited under subsection (1) of this section shall be transferred to the state treasurer for deposit into the state drug and alcohol abuse prevention fund.  If a city or county has not established such a program by December 31st of each succeeding year those fines collected and deposited shall be transferred to the state drug and alcohol abuse prevention fund.

          (c) For purposes of determining whether a local government has established a program, the city or county must show the following:

          (i) Employment of at least one full-time staff person; and

          (ii) The program must be substantially similar to the drug abuse resistance education program (D.A.R.E.).

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 43.08 RCW to read as follows:

          The state drug and alcohol abuse prevention fund is created in the state treasury.  All receipts from any city and county without abuse prevention programs, in accordance with sections 1 and 2 of this act shall be deposited into the fund.  The entire balance in the fund shall be distributed by the legislature each year to those cities and counties which have established abuse prevention programs under sections 1 and 2 of this act.  Expenditures from the fund may be used only for drug and alcohol abuse prevention education.