5992-SAMHCLH2902.2SSB 5992H COMM AMDBy Committee on Commerce & LaborNOT ADOPTED 04/14/2005 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 51.44.040 and 1982 c 63 s 14 are each amended to readas follows: (1) There shall be in the office of the state treasurer, a fund tobe known and designated as the "second injury fund", which shall beused only for the purpose of defraying charges against it as providedin RCW 51.16.120 and 51.32.250((, as now or hereafter amended. Said)).The fund shall be administered by the director. The state treasurershall be the custodian of the second injury fund and shall beauthorized to disburse moneys from it only upon written order of thedirector. (2) Payments to the second injury fund from the accident fund shallbe made pursuant to rules ((and regulations promulgated)) adopted bythe director. (3)(a) Assessments for the second injury fund shall be imposed onselfinsurers pursuant to rules ((and regulations promulgated by thedirector to ensure that selfinsurers shall pay to such fund)) adoptedby the director. Such rules shall provide for at least the following: (i) Except as provided in (a)(ii) of this subsection, the amountassessed each selfinsurer must be in the proportion that the paymentsmade from ((such)) the fund on account of claims made against selfinsurers bears to the total sum of payments from ((such)) the fund. (ii) Beginning with assessments imposed on or after July 1, 2009,but before July 1, 2012, the department shall experience rate theamount assessed each selfinsurer as long as the aggregate amountassessed is in the proportion that the payments made from the fund onaccount of claims made against selfinsurers bears to the total sum ofpayments from the fund. The experience rating factor must provideequal weight to the ratio between expenditures made by the second 1 injury fund for claims of the selfinsurer to the total expendituresmade by the second injury fund for claims of all selfinsurers for theprior three fiscal years and the ratio of workers' compensation claimpayments under this title made by the selfinsurer to the totalworker's compensation claim payments made by all selfinsurers underthis title for the prior three fiscal years. The weighted average ofthese two ratios must be divided by the latter ratio to arrive at theexperience factor. (b) For purposes of this subsection, "expenditures made by thesecond injury fund" mean the costs and charges described under RCW51.32.250 and 51.16.120 (3) and (4), and the amounts assessed to thesecond injury fund as described under RCW 51.16.120(1). Under nocircumstances does "expenditures made by the second injury fund"include any subsequent payments, assessments, or adjustments forpensions, where the applicable second injury fund entitlement wasestablished outside of the three fiscal years.NEW SECTION.Sec. The department of labor and industries mustreport to the appropriate committees of the legislature by December 1,2011, on the outcomes of workers potentially impacted by the experiencerating program established in RCW 51.44.040(3)(a)(ii). The report mustinclude a comparison of outcomes for workers of selfinsurers whoseindustrial insurance claims are closed between July 1, 2003, and June30, 2005, and have thirty or more days of temporary total disability,with such workers of selfinsurers whose industrial insurance claimsare closed between July 1, 2009, and June 30, 2011. The outcomes to becompared include, but are not limited to, whether the workerspotentially impacted by the experience rating program have improvedreturntowork outcomes, whether the number of impacted workers foundto be employable increases, whether there is a change in longtermdisability outcomes among the impacted workers, and whether the numberof permanent total disability pensions among impacted workers isaffected and, if so, the nature of the impact. The department mustdevelop a study methodology, including an assessment tool that must beprovided to the workers' compensation advisory committee for review andcomment. The study methodology will include appropriate controls toaccount for economic fluctuations and wage inflation. 2 Correct the title.--- END --- 3