WSR 10-15-104

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 20, 2010, 4:05 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-11-101.

Title of Rule and Other Identifying Information: What law controls a claim if a statute is amended after the date of the criminal act?

Hearing Location(s): 7273 Linderson Way S.W., Room S117, Tumwater, WA 98501, on August 27, 2010, at 2 p.m.

Date of Intended Adoption: September 21, 2010.

Submit Written Comments to: Cletus Nnanabu, P.O. Box 44520, Olympia, WA 98504-4520, e-mail nnan235@lni.wa.gov, fax (360) 902-5333, by August 27, 2010.

Assistance for Persons with Disabilities: Contact Victoria Jones by August 12, 2010, TTY (360) 902-5797.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: E2SSB 6504 (chapter 122, Laws of 2010) reduced benefits for eligible victims of crimes under chapter 7.68 RCW. Amending WAC 296-30-900 changes and clarifies the date of eligibility in accordance with E2SSB 6504. The amendment will allow for the sunset date of July 1, 2015, provided in the legislation, to eliminate the need for further rule making.

Statutory Authority for Adoption: RCW 7.68.030.

Statute Being Implemented: Not applicable.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cletus Nnanabu, Program Manager, Tumwater, Washington, (360) 902-5340.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Amendment is a compliance issue with E2SSB 6504 (chapter 122, Laws of 2010) and will have no impact on small businesses.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Cletus Nnanabu, Program Manager, P.O. Box 44520, Olympia, WA 98504-4520, phone (360) 902-5340, fax (360) 902-5333, e-mail nnan235@lni.wa.gov.

July 20, 2010

Judy Schurke

Director

OTS-3140.3


AMENDATORY SECTION(Amending WSR 99-07-004, filed 3/4/99, effective 4/4/99)

WAC 296-30-900   What law controls a claim if a statute is amended after the date of the criminal act?   The statute in effect when the criminal act occurred is the controlling law, except as provided in chapter 122, Laws of 2010 (E2SSB 6504). The act occurs when the perpetrator commits the criminal conduct.

For those crime victims who apply for benefits after April 1, 2010, the law in effect at the time the application is received by the department is the controlling law.

[Statutory Authority: RCW 7.68.030. 99-07-004, 296-30-900, filed 3/4/99, effective 4/4/99. Statutory Authority: RCW 51.36.010, 7.68.030, 51.04.020 (1) and (4), 51.04.030, 7.68.080 and 7.68.120. 97-02-090, 296-30-900, filed 12/31/96, effective 1/31/97. Statutory Authority: Chapter 7.68 RCW. 85-03-060 (Order 85-3), 296-30-900, filed 1/15/85.]

Washington State Code Reviser's Office