H-0114

AN ACT Relating to an office of public advocacy; amending RCW 36.39.060, 43.190.030, 80.01.100, 80.04.260, 7.68.015, 7.68.020, 7.68.030, 7.68.035, 7.68.050, 7.68.060, 7.68.070, 7.68.080, 7.68.085, 7.68.090, 7.68.110, 7.68.120, 7.68.125, 7.68.130, 7.68.140, 7.68.145, 7.68.150, 7.68.165, 7.68.200, 7.68.210, 7.68.220, 7.68.230, 7.68.240, 7.68.270, and 43.22.505; reenacting and amending RCW 80.04.110; adding a new chapter to Title 43 RCW; creating a new section; repealing RCW 7.68.160; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that because of the growth of government and its bureaucracy, members of the public are often frustrated in their attempts to find someone who will answer their questions or assist them in resolving a problem with the bureaucracy. The legislature further finds that such a situation is contrary to the basic principles of our government: That our government is to be "by the people, of the people, and for the people." Therefore, the legislature intends to return our system to its basic principles and make state government more responsive to the people it serves. Thus the legislature hereby establishes an independent, impartial, state office that is readily available to the public, responsible to the legislature, and empowered to investigate the acts of state administrative agencies. The services of this office shall be in addition to other remedies or rights of appeal of any person under state law. Furthermore, this office shall recommend appropriate changes toward the goals of safeguarding the rights of persons and of promoting higher standards of competency, efficiency, and justice in the administration of state laws.

NEW SECTION. Sec. 2. As used in this chapter, unless the context clearly indicates otherwise:

(1) "Administrative act" means an act, omission, decision, recommendation, practice, or procedure of an agency, but does not include the preparation, presentation, or introduction of legislation.

(2) "Agency" includes the departments, divisions, bureaus, boards, commissions, agencies, offices, authorities, and institutions of the executive branch of the state government, and any officer, member, or employee of the executive branch acting in the exercise of his or her official duties, except the governor and the governor's personal staff. (3) "Office" means the office of the public advocate.

NEW SECTION. Sec. 3. The office of the public advocate is created as an office of state government. The office shall be vested with all powers and duties authorized under this chapter and such other powers and duties as may be provided by law.

NEW SECTION. Sec. 4. (1) The executive head of the office shall be the public advocate who shall be qualified by education and experience and who possesses the integrity, objectivity, and analytical ability to perform the duties of the job. The governor shall appoint the public advocate subject to confirmation by a two-thirds vote of the members of each house present and voting for a term of six years. The public advocate may be reappointed for additional terms. The governor shall fix the public advocate's salary in accordance with RCW 43.03.040.

(2) The public advocate shall have complete charge of and supervisory powers over the office.

(3) If a vacancy occurs in the position of public advocate while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate when the governor must present the nominee for the position to the senate.

(4) The public advocate may be removed by a vote of two-thirds of the members voting and present but only for physical or mental incapacity to perform the duties of the public advocate or other grounds sufficient to remove a judge of a state court.

NEW SECTION. Sec. 5. The public advocate shall:

(1) Administer the work of the office;

(2) Appoint and remove such officers, investigators, attorneys, stenographic and clerical assistants, and other personnel as may be required for the conduct of the office;

(3) Adopt rules for the efficient operation of the office and to implement this chapter;

(4) Institute or cause to be instituted legal proceedings or processes necessary to enforce and give effect to the public advocate's powers or duties;

(5) Prepare schedules of rates to be paid for services rendered other than by the staff, considering the nature of the services, the time involved, the skill and experience required, and other pertinent factors;

(6) Establish training for all state employees in communication techniques to apply to dealing with people both within and outside the agencies, with specific training for those employees who work with the public;

(7) Provide training for supervisors who will provide continuous on-the-job training for supervisees;

(8) Review all agencies' policies and procedures to determine whether they meet the criteria of providing good government service to citizens;

(9) Create a customer service evaluation form to be used by all agencies of this state in all personnel reviews and annual evaluations; and

(10) Perform the other functions provided in this chapter.

NEW SECTION. Sec. 6. There is established within the office the division of citizen complaints under the supervision of the public advocate. The division shall:

(1) Receive, review, and if appropriate, forward citizen complaints relating to the administrative action or inaction of agencies to the appropriate agencies, regardless of whether the action or inaction is final, if the complaint alleges that the action or inaction may have been:

(a) Unreasonable, unfair, oppressive, or discriminatory, even if in accordance with law;

(b) Unaccompanied by an adequate explanation;

(d) Taken against a state employee in retaliation for the employee's private or public disclosure made in good faith of information that the employee reasonably believes is evidence of a violation of a law or rule, government waste or mismanagement, abuse of lawful authority, or a substantial and specific danger to the public health and safety;

(2) Maintain records indicating the final disposition of any complaint forwarded or investigated by the division to an agency.

Nothing in this chapter shall be construed to impair the rights and duties of administrative agencies or citizens under the administrative procedure act, chapter 34.05 RCW.

NEW SECTION. Sec. 7. (1) The division of citizen complaints shall determine whether a complaint is an appropriate subject for investigation under section 6 of this act and shall inform the complainant of its decision and the reasons for the decision. If the division decides to investigate the complaint, it shall also notify the affected agency of its decision. In conducting an investigation, the division may:

(a) Request from an agency, and the agency shall provide, the cooperation, assistance, information, and data as directed by the division that the division believes necessary to make a full and complete determination of the validity of a complaint;

(b) Enter any agency without notice and, after notifying appropriate persons of its presence, inspect the premises, facilities, documents, files, or other records that pertain to the matter under investigation;

(c) Compel by subpoena the appearance and sworn testimony of any person that the division reasonably believes may be able to provide information relating to the matter under investigation;

(d) Compel by subpoena any person to produce at a specific time and place any documents, records, files, papers, objects, or other evidence that the division reasonably believes may relate to a matter under investigation.

(2) The files of the division of citizen complaints, including all complaints, the responses of the division to the complaints, the identities of complainants and witnesses providing information to the division in the course of the investigation shall be confidential at the discretion of the public advocate. A statement, information, or other communication made by the division relevant to a complaint or information that was made or provided to a person in good faith is absolutely privileged. The public advocate or the public advocate's representative may not be required to testify in any court or other proceeding regarding matters that are confidential under this section, except to the extent that the public advocate may determine is necessary to carry out his or her findings and recommendations.

(3) The division of citizen complaints is not required to investigate a complaint that it finds is trivial, frivolous, or not made in good faith; that the complaint has been delayed too long to justify an investigation at that time; or that considering the priorities of the division, there are insufficient resources available for an adequate investigation.

(4) If the public advocate declines to investigate a complaint because of insufficient resources, the public advocate shall refer the complaint to the appropriate legislative committees and to the governor.

NEW SECTION. Sec. 8. (1) If the public advocate decides to investigate a complaint, the advocate may inform the agency involved.

(2) Before announcing or reporting a conclusion or recommendation that criticizes or is adverse to the agency, the public advocate shall include any brief statement the agency may provide.

NEW SECTION. Sec. 9. (1) After the public advocate has decided whether to investigate a complaint, the public advocate shall inform the complainant in writing.

(2) If requested by the complainant, the public advocate shall report the status of the investigation to the complainant.

(3) After investigation of a complaint, the public advocate shall inform the complainant in writing of the conclusions or recommendations and if appropriate, any action taken or to be taken by the agency involved.

(4) A letter to the public advocate from a person held in custody by detention, incarceration, or hospitalization by an agency shall be forwarded unopened to the public advocate. A letter from the public advocate to the person shall be delivered immediately, unopened to the person.

(5) No person who files a complaint according to the provisions of sections 2 through 14 of this act may be subject to any penalties, sanctions, or restrictions in connection with the person's employment because of the person's complaint.

NEW SECTION. Sec. 10. (1) If, after investigation, the division of citizen complaints finds that: (a) A matter should be considered further by the agency, (b) an administrative action or inaction should be modified or canceled, (c) a statute or rule that is the basis for the administrative action or inaction should be altered, (d) reasons or more complete reasons should be given for an administrative action or inaction, or (e) any other action should be taken by the agency, it shall report its findings and recommendations to the public advocate who may request the agency to notify him or her, within a specified time, of the action taken on those recommendations.

(2) Within a reasonable time, the division shall notify the complainant of the action it has taken and of the action of the agency in response to the complaint.

NEW SECTION. Sec. 11. (1) If, after investigation, the public advocate is of the opinion that an agency should: (a) Consider the matter further; (b) modify or cancel an action; (c) alter a rule, practice, or ruling; (d) explain the act in question more fully; (e) rectify an omission; or (f) take any other action, the public advocate shall make recommendations, together with the reasons for those recommendations, to the agency. The public advocate may request the agency to inform him or her of the action taken by the agency on the public advocate's recommendations or the reasons that the agency has not complied with them. After a reasonable period of time, the public advocate may issue a report.

(2) If the public advocate believes that an action has been dictated by laws whose results are unfair or otherwise objectionable and could be revised by legislative action, the public advocate shall inform each house of the legislature and the agency of the suggested statutory change.

(3) If the public advocate believes that any person has acted in a manner that warrants criminal or disciplinary proceedings, the advocate shall refer the matter to the appropriate authorities without notice to that person.

NEW SECTION. Sec. 12. The division of dispute resolution is established within the office of the public advocate.

NEW SECTION. Sec. 13. The division of dispute resolution may, at the discretion of the public advocate, provide mediation, conciliation, and other third-party services to community and civic groups, associations and organizations, and to municipal and county governmental agencies for the purpose of aiding the parties in resolving disputes that involve the public interest, provided that the groups, associations, organizations, and governmental agencies request the services, or if referred by a court in this state.

NEW SECTION. Sec. 14. (1) No proceeding, conclusion, recommendation, or report of the public advocate or member of the public advocate's staff shall be reviewable by any court.

(2) The public advocate and the advocate's staff are immune from civil and criminal liabilities to the same extent as a superior court judge of this state.

(3) The public advocate and the advocate's staff may not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving the exercise of their official duties except as necessary to enforce this chapter.

NEW SECTION. Sec. 15. A person who willfully obstructs or hinders the proper and lawful exercise of the public advocate's duties is subject to a fine of not more than one thousand dollars.

NEW SECTION. Sec. 16. Sections 1 through 15 of this act shall constitute a new chapter in Title 43 RCW.

Sec. 17. RCW 36.39.060 and 1983 c 290 s 13 are each amended to read as follows:

(1) Counties, cities, and towns are granted the authority, and it is hereby declared to be a public purpose for counties, cities, and towns, to establish and administer senior citizens programs either directly or by creating public corporations or authorities to carry out the programs and to expend their own funds for such purposes, as well as to expend federal, state, or private funds that are made available for such purposes. Such federal funds shall include, but not be limited to, funds provided under the federal older Americans act, as amended (42 U.S.C. Sec. 3001 et seq.).

(2) Counties, cities, and towns may establish and administer long-term care ombudsman programs for residents, patients, and clients if such a program is not prohibited by federal or state law. Such local ombudsman programs shall be coordinated with the efforts of other long-term care ombudsman programs, including the ((~~office~~)) division of the state long-term care ombudsman ((~~established in RCW 43.190.030~~)) in the office of the public advocate, to avoid multiple investigation of complaints.

Sec. 18. RCW 43.190.030 and 1988 c 119 s 2 are each amended to read as follows:

There is created the ((~~office~~)) division of the state long-term care ombudsman in the office of the public advocate. The ((~~department of community development shall contract with a private nonprofit organization to~~)) division shall provide long-term care ombudsman services as specified under, and consistent with, the federal older Americans act as amended, federal mandates, the goals of the state, and the needs of its citizens. The ((~~department of community development~~)) public advocate shall ensure that all program and staff support necessary to enable the ombudsman to effectively protect the interests of residents, patients, and clients of all long-term care facilities is provided ((~~by the nonprofit organization that contracts to provide long-term care ombudsman services~~)). The division of the long-term care ombudsman ((~~program~~)) shall have the following powers and duties:

(1) To provide services for coordinating the activities of long-term care ombudsmen throughout the state;

(2) Carry out such other activities as the ((~~department~~)) office of ((~~community development~~)) the public advocate deems appropriate;

(3) Establish procedures consistent with RCW 43.190.110 for appropriate access by long-term care ombudsmen to long-term care facilities and patients' records, including procedures to protect the confidentiality of the records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of the complainant or resident, or upon court order;

(4) Establish a state-wide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for submission of such data to the department of social and health services and to the federal department of health and human services, or its successor agency, on a regular basis; and

(5) Establish procedures to assure that any files maintained by ombudsman programs shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:

(a) Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or

(b) Such disclosure is required by court order.

Sec. 19. RCW 80.01.100 and 1961 c 14 s 80.01.100 are each amended to read as follows:

It ((~~shall be~~)) is the duty of the ((~~attorney general~~)) public advocate as created in section 3 of this act to represent and appear for the people of the state of Washington and the commission in all actions and proceedings involving any question under this title or Title 81 RCW, or under or in reference to any act or order of the commission; and it ((~~shall be~~)) is the duty of the ((~~attorney general~~)) public advocate generally to see that all laws affecting any of the persons or corporations herein enumerated are complied with, and that all laws, the enforcement of which devolves upon the commission, are enforced, and to that end ((he)) the public advocate is authorized to institute, prosecute and defend all necessary actions and proceedings.

Sec. 20. RCW 80.04.110 and 1989 c 207 s 2 and 1989 c 101 s 17 are each reenacted and amended to read as follows:

Complaint may be made by the commission of its own motion or by any person or corporation, chamber of commerce, board of trade, or any commercial, mercantile, agricultural or manufacturing society, or any body politic or municipal corporation, or by the public ((~~counsel section of the office of the attorney general, or its successor~~)) advocate, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public service corporation in violation, or claimed to be in violation, of any provision of law or of any order or rule of the commission: PROVIDED, That no complaint shall be entertained by the commission except upon its own motion, as to the reasonableness of the schedule of the rates or charges of any gas company, electrical company, water company, or telecommunications company, unless the same be signed by the mayor, council or commission of the city or town in which the company complained of is engaged in business, or not less than twenty-five consumers or purchasers of such gas, electricity, water or telecommunications service: PROVIDED, FURTHER, That when two or more public service corporations, (meaning to exclude municipal and other public corporations) are engaged in competition in any locality or localities in the state, either may make complaint against the other or others that the rates, charges, rules, regulations or practices of such other or others with or in respect to which the complainant is in competition, are unreasonable, unremunerative, discriminatory, illegal, unfair or intending or tending to oppress the complainant, to stifle competition, or to create or encourage the creation of monopoly, and upon such complaint or upon complaint of the commission upon its own motion, the commission shall have power, after notice and hearing as in other cases, to, by its order, subject to appeal as in other cases, correct the abuse complained of by establishing such uniform rates, charges, rules, regulations or practices in lieu of those complained of, to be observed by all of such competing public service corporations in the locality or localities specified as shall be found reasonable, remunerative, nondiscriminatory, legal, and fair or tending to prevent oppression or monopoly or to encourage competition, and upon any such hearing it shall be proper for the commission to take into consideration the rates, charges, rules, regulations and practices of the public service corporation or corporations complained of in any other locality or localities in the state.

All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of complaints or grievances or misjoinder of parties; and in any review of the courts of orders of the commission the same rule shall apply and pertain with regard to the joinder of complaints and parties as herein provided: PROVIDED, All grievances to be inquired into shall be plainly set forth in the complaint. No complaint shall be dismissed because of the absence of direct damage to the complainant.

Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the person or corporation complained of, which shall be accompanied by a notice fixing the time when and place where a hearing will be had upon such complaint. The time fixed for such hearing shall not be less than ten days after the date of the service of such notice and complaint, excepting as herein provided. The commission shall enter its final order with respect to a complaint filed by any entity or person other than the commission within ten months from the date of filing of the complaint, unless the date is extended for cause. Rules of practice and procedure not otherwise provided for in this title may be prescribed by the commission. Such rules may include the requirement that a complainant use informal processes before filing a formal complaint.

The commission shall, as appropriate, exercise auditing and accounting supervision or initiate a complaint upon receipt of an administrative order from the department, or the city or county in which the water system is located, finding that the water delivered by a system does not meet state board of health standards adopted under RCW 43.20.050(2)(a) or standards adopted under chapter 70.116 RCW.

Sec. 21. RCW 80.04.260 and 1988 c 202 s 61 are each amended to read as follows:

Whenever the commission ((~~shall be~~)) is of opinion that any public service company is failing or omitting, or about to fail or omit, to do anything required of it by law, or by order, direction, or requirement of the commission, or is doing anything, or about to do anything, or permitting anything, or about to permit anything to be done contrary to or in violation of law or of any order, direction, or requirement of the commission authorized by this title, it shall direct the ((~~attorney general~~)) public advocate to commence an action or proceeding in the superior court of the state of Washington for Thurston county, or in the superior court of any county in which such company may do business, in the name of the state of Washington on the relation of the commission, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction. The ((~~attorney general~~)) public advocate shall ((~~thereupon~~)) then begin such action or proceeding by petition to such superior court, alleging the violation complained of, and praying for the appropriate relief by way of mandamus or injunction. ((~~It shall thereupon be the duty of~~)) The court ((to)) shall specify a time, not exceeding twenty days after the service of the copy of the petition, within which the public service company complained of must answer the petition. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct, without other or formal pleadings, and without respect to any technical requirement. Such persons or corporations as the court may deem necessary or proper to be joined as parties, in order to make its judgment, order, or writ effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction, or both, issue as prayed for in the petition, or in such other modified form as the court may determine will afford appropriate relief. Appellate review of the final judgment may be sought in the same manner and with the same effect as review of judgments of the superior court in actions to review orders of the commission. All provisions of this chapter relating to the time of review, the manner of perfecting the same, the filing of briefs, hearings and supersedeas, shall apply to appeals to the supreme court or the court of appeals under the provisions of this section.

NEW SECTION. Sec. 22. The office of crime victims' services in the department of community development shall be transferred to and become a division of the office of the public advocate. The division shall have responsibility to administer the grant programs authorized by chapter 43.280 RCW; coordinate the state practices, policies, and priorities for treatment of sex offenders with communities; and operate the crime victims' compensation program.

Sec. 23. RCW 7.68.015 and 1989 1st ex.s. c 5 s 1 are each amended to read as follows:

The ((~~department~~)) office of ((~~labor and industries~~)) the public advocate shall operate the crime victims' compensation program within the appropriations and the conditions and limitations on the appropriations provided for this program.

Sec. 24. RCW 7.68.020 and 1990 c 73 s 1 are each amended to read as follows:

The following words and phrases as used in this chapter have the meanings set forth in this section unless the context otherwise requires.

(1) ((~~"Department"~~)) "Office" means the ((~~department~~)) office of ((~~labor and industries~~)) the public advocate.

(2) "Criminal act" means an act committed or attempted in this state which is punishable as a felony or gross misdemeanor under the laws of this state, or an act committed outside the state of Washington against a resident of the state of Washington which would be compensable had it occurred inside this state; and the crime occurred in a state which does not have a crime victims compensation program, for which the victim is eligible as set forth in the Washington compensation law except as follows:

(a) The operation of a motor vehicle, motorcycle, train, boat, or aircraft in violation of law does not constitute a "criminal act" unless:

(i) The injury or death was intentionally inflicted;

(ii) The operation thereof was part of the commission of another non-vehicular criminal act as defined in this section;

(iii) The death or injury was the result of the operation of a motor vehicle after July 24, 1983, and a preponderance of the evidence establishes that the death was the result of vehicular homicide under RCW 46.61.520, or a conviction of vehicular assault under RCW 46.61.522, has been obtained: PROVIDED, That in cases where a probable criminal defendant has died in perpetration of vehicular assault or, because of physical or mental infirmity or disability the perpetrator is incapable of standing trial for vehicular assault, the ((~~department~~)) office may, by a preponderance of the evidence, establish that a vehicular assault had been committed and authorize benefits; or

(iv) Injury or death caused by a driver in violation of RCW 46.61.502;

(b) Neither an acquittal in a criminal prosecution nor the absence of any such prosecution is admissible in any claim or proceeding under this chapter as evidence of the noncriminal character of the acts giving rise to such claim or proceeding, except as provided for in subsection (2)(a)(iii) of this section;

(c) Evidence of a criminal conviction arising from acts which are the basis for a claim or proceeding under this chapter is admissible in such claim or proceeding for the limited purpose of proving the criminal character of the acts; and

(d) Acts which, but for the insanity or mental irresponsibility of the perpetrator, would constitute criminal conduct are deemed to be criminal conduct within the meaning of this chapter.

(3) "Victim" means a person who suffers bodily injury or death as a proximate result of a criminal act of another person, the victim's own good faith and reasonable effort to prevent a criminal act, or his or her good faith effort to apprehend a person reasonably suspected of engaging in a criminal act. For the purposes of receiving benefits pursuant to this chapter, "victim" is interchangeable with "employee" or ((~~"workman"~~)) "worker" as defined in chapter 51.08 RCW as now or hereafter amended.

(4) "Child," "accredited school," "dependent," "beneficiary," "average monthly wage," ((~~"director,"~~)) "injury," "invalid," "permanent partial disability," and "permanent total disability" have the meanings assigned to them in chapter 51.08 RCW as now or hereafter amended.

(5) "Gainfully employed" means engaging on a regular and continuous basis in a lawful activity from which a person derives a livelihood.

(6) "Private insurance" means any source of recompense provided by contract available as a result of the claimed injury or death at the time of such injury or death, or which becomes available any time thereafter.

(7) "Public insurance" means any source of recompense provided by statute, state or federal, available as a result of the claimed injury or death at the time of such injury or death, or which becomes available any time thereafter.

Sec. 25. RCW 7.68.030 and 1989 1st ex.s. c 5 s 2 are each amended to read as follows:

It ((~~shall be~~)) is the duty of the ((~~director~~)) public advocate to establish and administer a program of benefits to innocent victims of criminal acts within the terms and limitations of this chapter. In so doing, the ((~~director~~)) public advocate shall, in accordance with chapter 34.05 RCW, adopt rules ((~~and regulations~~)) necessary to the administration of this chapter, and the provisions contained in chapter 51.04 RCW, including but not limited to RCW 51.04.020, 51.04.030, 51.04.040, 51.04.050 and 51.04.100 as now or hereafter amended, shall apply where appropriate in keeping with the intent of this chapter. The ((~~director~~)) public advocate may apply for and, subject to appropriation, expend federal funds under Public Law 98-473 and any other federal program providing financial assistance to state crime victim compensation programs. The federal funds shall be deposited in the public safety and education account in the general fund and may be expended only for purposes authorized by applicable federal law.

Sec. 26. RCW 7.68.035 and 1989 c 252 s 29 are each amended to read as follows:

(1) Whenever any person is found guilty in any superior court of having committed a crime, except as provided in subsection (2) of this section, there shall be imposed by the court upon such convicted person a penalty assessment. The assessment shall be in addition to any other penalty or fine imposed by law and shall be one hundred dollars for each case or cause of action that includes one or more convictions of a felony or gross misdemeanor and seventy-five dollars for any case or cause of action that includes convictions of only one or more misdemeanors.

(2) The assessment imposed by subsection (1) of this section shall not apply to motor vehicle crimes defined in Title 46 RCW except those defined in the following sections: RCW 46.61.520, 46.61.522, 46.61.024, 46.52.090, 46.70.140, 46.65.090, 46.61.502, 46.61.504, 46.52.100, 46.20.410, 46.52.020, 46.10.130, 46.09.130, 46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 46.44.180, 46.10.090(2), and 46.09.120(2).

(3) Whenever any person accused of having committed a crime posts bail in superior court pursuant to the provisions of chapter 10.19 RCW and such bail is forfeited, there shall be deducted from the proceeds of such forfeited bail a penalty assessment, in addition to any other penalty or fine imposed by law, equal to the assessment which would be applicable under subsection (1) of this section if the person had been convicted of the crime.

(4) Such penalty assessments shall be paid by the clerk of the superior court to the county treasurer who shall monthly transmit the money as provided in RCW 10.82.070. Each county shall deposit not less than one and seventy-five one-hundredths percent of the money it retains under RCW 10.82.070 and chapter 3.62 RCW and all money it receives under subsection (8) of this section into a fund maintained exclusively for the support of comprehensive programs to encourage and facilitate testimony by the victims of crimes and witnesses to crimes. A program shall be considered "comprehensive" only after approval of the ((~~department~~)) office upon application by the county prosecuting attorney. The ((~~department~~)) office shall approve as comprehensive only programs which:

(a) Provide comprehensive services to victims and witnesses of all types of crime with particular emphasis on serious crimes against persons and property. It is the intent of the legislature to make funds available only to programs which do not restrict services to victims or witnesses of a particular type or types of crime and that such funds supplement, not supplant, existing local funding levels;

(b) Are administered by the county prosecuting attorney either directly through the prosecuting attorney's office or by contract between the county and agencies providing services to victims of crime;

(c) Make a reasonable effort to inform the known victim or his or her surviving dependents of the existence of this chapter and the procedure for making application for benefits;

(d) Assist victims in the restitution and adjudication process; and

(e) Assist victims of violent crimes in the preparation and presentation of their claims to the ((~~department of labor and industries~~)) office under this chapter.

Before a program in any county west of the Cascade mountains is submitted to the ((~~department~~)) office for approval, it shall be submitted for review and comment to each city within the county with a population of more than one hundred fifty thousand. The ((~~department~~)) office will consider if the county's proposed comprehensive plan meets the needs of crime victims in cases adjudicated in municipal, district or superior courts and of crime victims located within the city and county.

(5) Upon submission to the ((~~department~~)) office of a letter of intent to adopt a comprehensive program, the prosecuting attorney shall retain the money deposited by the county under subsection (4) of this section until such time as the county prosecuting attorney has obtained approval of a program from the ((~~department~~)) office. Approval of the comprehensive plan by the ((~~department~~)) office must be obtained within one year of the date of the letter of intent to adopt a comprehensive program. The county prosecuting attorney shall not make any expenditures from the money deposited under subsection (4) of this section until approval of a comprehensive plan by the ((~~department~~)) office. If a county prosecuting attorney has failed to obtain approval of a program from the ((~~department~~)) office under subsection (4) of this section or failed to obtain approval of a comprehensive program within one year after submission of a letter of intent under this section, the county treasurer shall monthly transmit one hundred percent of the money deposited by the county under subsection (4) of this section to the state treasurer for deposit in the public safety and education account established under RCW 43.08.250.

(6) County prosecuting attorneys are responsible to make every reasonable effort to insure that the penalty assessments of this chapter are imposed and collected.

(7) Penalty assessments under this section shall also be imposed in juvenile offense dispositions under Title 13 RCW. Upon motion of a party and a showing of good cause, the court may modify the penalty assessment in the disposition of juvenile offenses under Title 13 RCW.

(8) Every city and town shall transmit monthly one and seventy-five one-hundredths percent of all money, other than money received for parking infractions, retained under RCW 3.46.120, 3.50.100, and 35.20.220 to the county treasurer for deposit as provided in subsection (4) of this section.

Sec. 27. RCW 7.68.050 and 1980 c 156 s 3 are each amended to read as follows:

(1) No right of action at law for damages incurred as a consequence of a criminal act ((~~shall be~~)) is lost as a consequence of being entitled to benefits under the provisions of this chapter. The victim or ((~~his~~)) the victim's beneficiary may elect to seek damages from the person or persons liable for the claimed injury or death, and such victim or beneficiary is entitled to the full compensation and benefits provided by this chapter regardless of any election or recovery made pursuant to this section.

(2) For the purposes of this section, the rights, privileges, responsibilities, duties, limitations, and procedures contained in RCW 51.24.050 through 51.24.100 as now existing or hereafter amended apply.

(3) If the recovery involved is against the state, the lien of the ((~~department~~)) office includes the interest on the benefits paid by the ((~~department~~)) office to or on behalf of such person under this chapter computed at the rate of eight percent per annum from the date of payment.

(4) The 1980 amendments to this section apply only to injuries which occur on or after April 1, 1980.

Sec. 28. RCW 7.68.060 and 1990 c 3 s 501 are each amended to read as follows:

(1) For the purposes of applying for benefits under this chapter, the rights, privileges, responsibilities, duties, limitations and procedures contained in RCW 51.28.020, 51.28.030, 51.28.040 and 51.28.060 as now or hereafter amended shall apply: PROVIDED, That no compensation of any kind shall be available under this chapter if:

(a) An application for benefits is not received by the ((~~department~~)) office within one year after the date the criminal act was reported to a local police department or sheriff's office or the date the rights of dependents or beneficiaries accrued; or

(b) The criminal act is not reported by the victim or someone on his or her behalf to a local police department or sheriff's office within twelve months of its occurrence or, if it could not reasonably have been reported within that period, within twelve months of the time when a report could reasonably have been made. In making determinations as to reasonable time limits, the ((~~department~~)) office shall give greatest weight to the needs of the victims.

(2) This section shall apply only to criminal acts reported after December 31, 1985.

(3) Because victims of childhood criminal acts may repress conscious memory of such criminal acts far beyond the age of eighteen, the rights of adult victims of childhood criminal acts shall accrue at the time the victim discovers or reasonably should have discovered the elements of the crime. In making determinations as to reasonable time limits, the ((~~department~~)) office shall give greatest weight to the needs of the victim.

Sec. 29. RCW 7.68.070 and 1990 c 3 s 502 are each amended to read as follows:

The right to benefits under this chapter and the amount thereof will be governed insofar as is applicable by the provisions contained in chapter 51.32 RCW as now or hereafter amended except as provided in this section:

(1) The provisions contained in RCW 51.32.015, 51.32.030, 51.32.072, 51.32.073, 51.32.180, 51.32.190, and 51.32.200 as now or hereafter amended are not applicable to this chapter.

(2) Each victim injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, or the victim's family or dependents in case of death of the victim, are entitled to benefits in accordance with this chapter, subject to the limitations under RCW 7.68.015. The rights, duties, responsibilities, limitations, and procedures applicable to a worker as contained in RCW 51.32.010 as now or hereafter amended are applicable to this chapter.

(3) The limitations contained in RCW 51.32.020 as now or hereafter amended are applicable to claims under this chapter. In addition thereto, no person or spouse, child, or dependent of such person is entitled to benefits under this chapter when the injury for which benefits are sought, was:

(a) The result of consent, provocation, or incitement by the victim;

(b) Sustained while the crime victim was engaged in the attempt to commit, or the commission of, a felony; or

(c) Sustained while the victim was confined in any county or city jail, federal jail or prison or in any other federal institution, or any state correctional institution maintained and operated by the department of social and health services or the department of corrections, prior to release from lawful custody; or confined or living in any other institution maintained and operated by the department of social and health services or the department of corrections.

(4) The benefits established upon the death of a worker and contained in RCW 51.32.050 as now or hereafter amended shall be the benefits obtainable under this chapter and provisions relating to payment contained in that section shall equally apply under this chapter: PROVIDED, That benefits for burial expenses shall not exceed the maximum cost used by the department of social and health services for the funeral and burial of a deceased indigent person under chapter 74.08 RCW in any claim: PROVIDED FURTHER, That if the criminal act results in the death of a victim who was not gainfully employed at the time of the criminal act, and who was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act;

(a) Benefits payable to an eligible surviving spouse, where there are no children of the victim at the time of the criminal act who have survived the victim or where such spouse has legal custody of all of his or her children, shall be limited to burial expenses and a lump sum payment of seven thousand five hundred dollars without reference to number of children, if any;

(b) Where any such spouse has legal custody of one or more but not all of such children, then such burial expenses shall be paid, and such spouse shall receive a lump sum payment of three thousand seven hundred fifty dollars and any such child or children not in the legal custody of such spouse shall receive a lump sum of three thousand seven hundred fifty dollars to be divided equally among such child or children;

(c) If any such spouse does not have legal custody of any of the children, the burial expenses shall be paid and the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars and any such child or children not in the legal custody of the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars to be divided equally among the child or children;

(d) If no such spouse survives, then such burial expenses shall be paid, and each surviving child of the victim at the time of the criminal act shall receive a lump sum payment of three thousand seven hundred fifty dollars up to a total of two such children and where there are more than two such children the sum of seven thousand five hundred dollars shall be divided equally among such children.

No other benefits may be paid or payable under these circumstances.

(5) The benefits established in RCW 51.32.060 as now or hereafter amended for permanent total disability proximately caused by the criminal act shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That if a victim becomes permanently and totally disabled as a proximate result of the criminal act and was not gainfully employed at the time of the criminal act, the victim shall receive monthly during the period of the disability the following percentages, where applicable, of the average monthly wage determined as of the date of the criminal act pursuant to RCW 51.08.018 as now or hereafter amended:

(a) If married at the time of the criminal act, twenty-nine percent of the average monthly wage.

(b) If married with one child at the time of the criminal act, thirty-four percent of the average monthly wage.

(d) If married with three children at the time of the criminal act, forty-one percent of the average monthly wage.

(e) If married with four children at the time of the criminal act, forty-four percent of the average monthly wage.

(f) If married with five or more children at the time of the criminal act, forty-seven percent of the average monthly wage.

(g) If unmarried at the time of the criminal act, twenty-five percent of the average monthly wage.

(h) If unmarried with one child at the time of the criminal act, thirty percent of the average monthly wage.

(i) If unmarried with two children at the time of the criminal act, thirty-four percent of the average monthly wage.

(j) If unmarried with three children at the time of the criminal act, thirty-seven percent of the average monthly wage.

(k) If unmarried with four children at the time of the criminal act, forty percent of the average monthly wage.

(l) If unmarried with five or more children at the time of the criminal act, forty-three percent of the average monthly wage.

(6) The benefits established in RCW 51.32.080 as now or hereafter amended for permanent partial disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section equally apply under this chapter.

(7) The benefits established in RCW 51.32.090 as now or hereafter amended for temporary total disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That no person is eligible for temporary total disability benefits under this chapter if such person was not gainfully employed at the time of the criminal act, and was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act.

(8) The benefits established in RCW 51.32.095 as now or hereafter amended for continuation of benefits during vocational rehabilitation shall be benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That benefits shall not exceed five thousand dollars for any single injury.

(9) The provisions for lump sum payment of benefits upon death or permanent total disability as contained in RCW 51.32.130 as now or hereafter amended apply under this chapter.

(10) The provisions relating to payment of benefits to, for or on behalf of workers contained in RCW 51.32.040, 51.32.055, 51.32.100, 51.32.110, 51.32.120, 51.32.135, 51.32.140, 51.32.150, 51.32.160, and 51.32.210 as now or hereafter amended are applicable to payment of benefits to, for or on behalf of victims under this chapter.

(11) No person or spouse, child, or dependent of such person is entitled to benefits under this chapter where the person making a claim for such benefits has refused to give reasonable cooperation to state or local law enforcement agencies in their efforts to apprehend and convict the perpetrator(s) of the criminal act which gave rise to the claim.

(12) In addition to other benefits provided under this chapter, victims of sexual assault are entitled to receive appropriate counseling. Fees for such counseling shall be determined by the ((~~department~~)) office in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080. Counseling services may include, if determined appropriate by the ((~~department~~)) office, counseling of members of the victim's immediate family, other than the perpetrator of the assault.

(13) Except for medical benefits authorized under RCW 7.68.080, no more than thirty thousand dollars shall be granted as a result of a single injury or death, except that benefits granted as the result of total permanent disability or death shall not exceed forty thousand dollars.

(14) Notwithstanding other provisions of this chapter and Title 51 RCW, benefits payable for total temporary disability under subsection (7) of this section, shall be limited to fifteen thousand dollars.

(15) Any person who is responsible for the victim's injuries, or who would otherwise be unjustly enriched as a result of the victim's injuries, shall not be a beneficiary under this chapter.

(16) Crime victims' compensation is not available to pay for services covered under chapter 74.09 RCW or Title XIX of the federal social security act, except to the extent that the costs for such services exceed service limits established by the department of social and health services.

Sec. 30. RCW 7.68.080 and 1990 c 3 s 503 are each amended to read as follows:

The provisions of chapter 51.36 RCW as now or hereafter amended govern the provision of medical aid under this chapter to victims injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, except that:

(1) The provisions contained in RCW 51.36.030, 51.36.040, and 51.36.080 as now or hereafter amended do not apply to this chapter;

(2) The specific provisions of RCW 51.36.020 as now or hereafter amended relating to supplying emergency transportation do not apply: PROVIDED, That:

(a) When the injury to any victim is so serious as to require the victim's being taken from the place of injury to a place of treatment, reasonable transportation costs to the nearest place of proper treatment shall be reimbursed from the fund established pursuant to RCW 7.68.090; and

(b) In the case of alleged rape or molestation of a child the reasonable costs of a colposcope examination shall be reimbursed from the fund pursuant to RCW 7.68.090. Hospital, clinic, and medical charges along with all related fees under this chapter shall conform to regulations promulgated by the ((~~director~~)) public advocate. The ((~~director~~)) public advocate shall set these service levels and fees at a level no lower than those established by the department of social and health services under Title 74 RCW. In establishing fees for medical and other health care services, the ((~~director~~)) public advocate shall consider the ((~~director's~~)) public advocate's duty to purchase health care in a prudent, cost-effective manner. The ((~~director~~)) public advocate shall establish rules adopted in accordance with chapter 34.05 RCW. Nothing in this chapter may be construed to require the payment of interest on any billing, fee, or charge.

Sec. 31. RCW 7.68.085 and 1990 c 3 s 504 are each amended to read as follows:

The ((~~director of labor and industries~~)) public advocate shall institute a cap on medical benefits of one hundred fifty thousand dollars per injury or death. Payment for medical services in excess of the cap shall be made available to any innocent victim under the same conditions as other medical services and if the medical services are:

(1) Necessary for a previously accepted condition;

(2) Necessary to protect the victim's life or prevent deterioration of the victim's previously accepted condition; and

(3) Not available from an alternative source.

The director of financial management and the ((~~director of labor and industries~~)) public advocate shall monitor expenditures from the public safety and education account. Once each fiscal quarter, the director of financial management shall determine if expenditures from the public safety and education account during the prior fiscal quarter exceeded allotments by more than ten percent. Within thirty days of a determination that expenditures exceeded allotments by more than ten percent, the director of financial management shall develop and implement a plan to reduce expenditures from the account to a level that does not exceed the allotments. Such a plan may include across-the-board reductions in allotments from the account to all nonjudicial agencies except for the crime victims compensation program. In implementing the plan, the director of financial management shall seek the cooperation of judicial agencies in reducing their expenditures from the account. The director of financial management shall notify the legislative fiscal committees prior to implementation of the plan.

Development and implementation of the plan is not required if the director of financial management notifies the legislative fiscal committees that increases in the official revenue forecast for the public safety and education account for that fiscal quarter will eliminate the need to reduce expenditures from the account. The official revenue forecast for the public safety and education account shall be prepared by the economic and revenue forecast council pursuant to RCW 82.33.020 and 82.33.010.

For the purposes of this section, an individual will not be required to use his or her assets other than funds recovered as a result of a civil action or criminal restitution, for medical expenses or pain and suffering, in order to qualify for an alternative source of payment.

The ((~~director~~)) public advocate shall, in cooperation with the department of social and health services, establish by ((~~October 1, 1989~~)) December 1, 1991, a process to aid crime victims in identifying and applying for appropriate alternative benefit programs, if any, administered by the department of social and health services.

Sec. 32. RCW 7.68.090 and 1973 1st ex.s. c 122 s 9 are each amended to read as follows:

The ((~~director~~)) public advocate shall establish such fund or funds, separate from existing funds, necessary to administer this chapter, and payment to these funds shall be from legislative appropriation, reimbursement and subrogation as provided in this chapter, and from any contributions or grants specifically so directed.

Sec. 33. RCW 7.68.110 and 1989 c 175 s 40 are each amended to read as follows:

The provisions contained in chapter 51.52 RCW relating to appeals shall govern appeals under this chapter: PROVIDED, That no provision contained in chapter 51.52 RCW concerning employers as parties to any settlement, appeal, or other action shall apply to this chapter: PROVIDED FURTHER, That appeals taken from a decision of the board of industrial insurance appeals under this chapter shall be governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.05.510 through 34.05.598, and the ((~~department~~)) office shall have the same right of review from a decision of the board of industrial insurance appeals as does the claimant.

Sec. 34. RCW 7.68.120 and 1973 1st ex.s. c 122 s 12 are each amended to read as follows:

Any person who has committed a criminal act which resulted in injury compensated under this chapter may be required to make reimbursement to the ((~~department~~)) office as hereinafter provided.

(1) Any payment of benefits to or on behalf of a victim under this chapter creates a debt due and owing to the ((~~department~~)) office by any person found to have committed such criminal act in either a civil or criminal court proceeding in which he or she is a party: PROVIDED, That where there has been a superior or district court order, or an order of the ((~~board of prison terms and paroles~~)) indeterminate sentence review board or the department of social and health services, as hereinafter provided, the debt shall be limited to the amount provided for in said order. A court order shall prevail over any other order.

(2) Upon being placed on work release pursuant to chapter 72.65 RCW, or upon release from custody of a state correctional facility on parole, any convicted person who owes a debt to the ((~~department~~)) office as a consequence of a criminal act may have the schedule or amount of payments therefor set as a condition of work release or parole by the department of social and health services or ((~~board of prison terms and paroles~~)) indeterminate sentence review board respectively, subject to modification based on change of circumstances. Such action shall be binding on the ((~~department~~)) office.

(3) Any requirement for payment due and owing the ((~~department~~)) office by a convicted person under this chapter may be waived, modified downward or otherwise adjusted by the ((~~department~~)) office in the interest of justice and the rehabilitation of the individual.

Sec. 35. RCW 7.68.125 and 1975 1st ex.s. c 176 s 8 are each amended to read as follows:

(1) Whenever any payment under this chapter is made because of clerical error, mistake of identity, innocent misrepresentation by or on behalf of the recipient thereof mistakenly acted upon, or any other circumstance of a similar nature, all not induced by fraud, the recipient thereof shall repay it and recoupment may be made from any future payments due to the recipient under this chapter: PROVIDED, That the ((~~department~~)) office must make claim for such repayment or recoupment within one year of the making of any such payment or it will be deemed that any claim therefor has been waived: PROVIDED FURTHER, That the ((~~department~~)) office may exercise its discretion to waive, in whole or in part, the amount of any such timely claim.

(2) Whenever any payment under this chapter has been made pursuant to an adjudication by the ((~~department~~)) office, board, or any court and timely appeal therefrom has been made and the final decision is that any such payment was made pursuant to an erroneous adjudication, the recipient thereof shall repay it and recoupment may be made from any future payments due to the recipient under this chapter: PROVIDED, That the ((~~department~~)) office may exercise its discretion to waive, in whole or in part, the amount thereof.

(3) Whenever any payment under this chapter has been induced by fraud the recipient thereof shall repay any such payment together with a penalty of fifty percent of the total of any such payments and the amount of such total sum may be recouped from any future payments due to the recipient under this chapter and the amount of the penalty shall be placed in the fund or funds established pursuant to RCW 7.68.090 as now or hereafter amended.

Sec. 36. RCW 7.68.130 and 1985 c 443 s 16 are each amended to read as follows:

Benefits payable pursuant to this chapter shall be reduced by the amount of any other public or private insurance available. Benefits payable after 1980 to victims injured or killed before 1980 shall be reduced by any other public or private insurance including but not limited to social security. Payment by the ((~~department~~)) office under this chapter shall be secondary to such other insurance benefits, notwithstanding the provision of any contract or coverage to the contrary: PROVIDED, That in the case of private life insurance proceeds, the first forty thousand dollars of such proceeds shall not be considered for purposes of any such reduction in benefits.

Sec. 37. RCW 7.68.140 and 1975 1st ex.s c 176 s 6 are each amended to read as follows:

Information contained in the claim files and records of victims, under the provisions of this chapter, shall be deemed confidential and shall not be open to public inspection: PROVIDED, That, except as limited by state or federal statutes or regulations, such information may be provided to public employees in the performance of their official duties: PROVIDED FURTHER, That except as otherwise limited by state or federal statutes or regulations a representative of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant: PROVIDED FURTHER, That physicians treating or examining victims claiming benefits under this chapter or physicians giving medical advice to the ((~~department~~)) office regarding any claim may, at the discretion of the ((~~department~~)) office and as not otherwise limited by state or federal statutes or regulations, inspect the claim files and records of such victims, and other persons may, when rendering assistance to the ((~~department~~)) office at any stage of the proceedings on any matter pertaining to the administration of this chapter, inspect the claim files and records of such victims at the discretion of the ((~~department~~)) office and as not otherwise limited by state or federal statutes or regulations.

Sec. 38. RCW 7.68.145 and 1975 1st ex.s. c 176 s 7 are each amended to read as follows:

Notwithstanding any other provision of law, all law enforcement, criminal justice, or other governmental agencies, or hospital; any physician or other practitioner of the healing arts; or any other organization or person having possession or control of any investigative or other information pertaining to any alleged criminal act or victim concerning which a claim for benefits has been filed under this chapter, shall, upon request, make available to and allow the reproduction of any such information by the ((~~section~~)) division of the ((~~department~~)) office administering this chapter or other public employees in their performance of their official duties under this chapter.

No person or organization, public or private, shall incur any legal liability by reason of releasing any such information to the ((~~director of labor and industries~~)) public advocate or the ((~~section~~)) division of the ((~~department~~)) office which administers this chapter or other public employees in the performance of their official duties under this chapter.

Sec. 39. RCW 7.68.150 and 1973 1st ex.s. c 122 s 15 are each amended to read as follows:

All benefits and payments made, and all administrative costs accrued, pursuant to this chapter shall be funded and accounted for separate from the other operations and responsibilities of the ((~~department~~)) office.

Sec. 40. RCW 7.68.165 and 1975 1st ex.s. c 176 s 10 are each amended to read as follows:

The rights, privileges, responsibilities, duties, limitations and procedures contained in this chapter shall apply to those claims filed pursuant to RCW 7.68.160. In respect to such claims, the ((~~department~~)) public advocate shall proceed in the same manner and with the same authority as provided in this chapter with respect to those claims filed pursuant to RCW 7.68.060 as now or hereafter amended.

Sec. 41. RCW 7.68.200 and 1979 ex.s. c 219 s 13 are each amended to read as follows:

After hearing, as provided in RCW 7.68.210, every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such accused or convicted person's thoughts, feelings, opinion or emotions regarding such crime, shall submit a copy of such contract to the ((~~department~~)) office and pay over to the ((~~department~~)) office any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his or her representatives. The ((~~department~~)) office shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by: (i) such convicted person; or (ii) such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his or her representatives.

Sec. 42. RCW 7.68.210 and 1979 ex.s. c 219 s 12 are each amended to read as follows:

The prosecutor or the ((~~department~~)) public advocate may, at any time after the person's arraignment petition any superior court for an order, following notice and hearing, directing that any contract described in RCW 7.68.200 shall be paid in accordance with RCW 7.68.200 through 7.68.280.

Sec. 43. RCW 7.68.220 and 1979 ex.s. c 219 s 14 are each amended to read as follows:

The ((~~department~~)) public advocate, at least once every six months for five years from the date ((it)) he or she receives such moneys, shall cause to have published a legal notice in newspapers of general circulation in the county wherein the crime was committed and in counties contiguous to such county advising such victims that such escrow moneys are available to satisfy money judgments pursuant to this section. For crimes committed in a city located within a county having a population of one million or more, the notice provided for in this section shall be in newspapers having general circulation in such city. The ((~~department~~)) public advocate may, in ((~~its~~)) his or her discretion, provide for such additional notice as ((it)) he or she deems necessary.

Sec. 44. RCW 7.68.230 and 1979 ex.s. c 219 s 15 are each amended to read as follows:

Upon dismissal of charges or acquittal of any accused person the ((~~department~~)) public advocate shall immediately pay over to such accused person the moneys in the escrow account established on behalf of such accused person.

Sec. 45. RCW 7.68.240 and 1988 c 155 s 4 are each amended to read as follows:

Upon a showing by any convicted person or the state that five years have elapsed from the establishment of such escrow account and further that no actions are pending against such convicted person pursuant to RCW 7.68.200 through 7.68.280, the ((~~department~~)) public advocate shall immediately pay over fifty percent of any moneys in the escrow account to such person or ((~~his~~)) the person's legal representatives and fifty percent of any moneys in the escrow account to the fund under RCW 7.68.035(4).

Sec. 46. RCW 7.68.270 and 1979 ex.s. c 219 s 19 are each amended to read as follows:

Notwithstanding the foregoing provisions of this ((~~act~~)) chapter the ((~~department~~)) public advocate shall make payments from an escrow account to any person accused or convicted of a crime upon the order of a court of competent jurisdiction after a showing by such person that such moneys shall be used for the exclusive purpose of retaining legal representation at any stage of the proceedings against such person, including the appeals process.

Sec. 47. RCW 43.22.505 and 1975 1st ex.s. c 123 s 2 are each amended to read as follows:

The department of labor and industries is specifically authorized to print, reprint, and distribute subject matter including but not limited to the following:

(1) The provisions of Title 51 RCW;

(2) The provisions of Title 49 RCW;

(3) ((~~The provisions of chapter 7.68 RCW;~~

~~(4)~~)) The provisions of chapter 88.16 RCW;

((~~(5)~~)) (4) The provisions of chapter 19.28 RCW;

((~~(6)~~)) (5) The provisions of chapter 43.22 RCW;

((~~(7)~~)) (6) The provisions of chapter 41.56 RCW;

((~~(8)~~)) (7) The provisions of chapter 49.66 RCW;

((~~(9)~~)) (8) The provisions of chapter 70.79 RCW;

((~~(10)~~)) (9) The provisions of chapter 70.74 RCW;

((~~(11)~~)) (10) The provisions of chapter 70.87 RCW;

((~~(12)~~)) (11) The provisions of all other statutes administered by the department or such statutes as have a relationship to the functions and obligations of the department; and

((~~(13)~~)) (12) The rules and regulations of the department of labor and industries, the state apprenticeship council, the state board of pilotage commissioners and the board of boiler rules promulgated pursuant to the statutory provisions cited above.

NEW SECTION. Sec. 48. RCW 7.68.160 and 1986 c 158 s 2 & 1973 1st ex.s. c 122 s 16 are each repealed.