WSR 10-19-111

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed September 21, 2010, 1:19 p.m. , effective October 22, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 296-30-900.

Statutory Authority for Adoption: RCW 7.68.030.

Other Authority: E2SSB 6504, chapter 122, Laws of 2010.

Adopted under notice filed as WSR 10-15-104 on July 20, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 21, 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