H-4893.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2778
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State of Washington 55th Legislature 1998 Regular Session
By House Committee on Law & Justice (originally sponsored by Representatives Kessler, Ballasiotes, Cody, Ogden, Scott, Van Luven and Costa)
Read first time 02/04/98. Referred to Committee on .
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 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 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 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 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. 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 brain injury trust fund advisory board is created as the decision-making entity responsible for establishing priorities and criteria for the disbursement of funds and for obtaining the maximum benefits available. The board shall consist of the following seven members:
(a) One member selected by the Washington state medical association;
(b) One member selected by the Washington state brain injury foundation;
(c) One member selected by the University of Washington head injury research program;
(d) Three members selected by the governor as follows:
(i) One survivor of brain trauma;
(ii) One family member of a survivor of brain trauma; and
(iii) One state employee representing the department of social and health services; and
(e) One member representing special education interests, selected by the superintendent of public instruction.
(5) Members shall serve four-year terms, except the initial term of the state employee member shall be two years.
(6) Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(7) 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.
(8) The right to benefits under this section and the amount thereof is governed insofar as applicable by chapter 51.32 RCW.
(9) The brain injury trust fund advisory board may adopt rules under chapter 34.05 RCW as necessary to establish eligibility for benefits and amounts under this section.
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