BILL REQ. #:  S-0122.4 

Read first time 01/18/2007.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to the crime victims' compensation program; amending RCW 7.68.130; adding a new section to chapter 7.68 RCW; and declaring an emergency.

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

Sec. 1   RCW 7.68.130 and 1995 c 33 s 3 are each amended to read as follows:
     (1) Benefits payable pursuant to this chapter shall be reduced by the amount of any other public or private insurance available, less a proportionate share of reasonable attorneys' fees and costs, if any, incurred by the victim in obtaining recovery from the insurer. Calculation of a proportionate share of attorneys' fees and costs shall be made under the formula established in RCW 51.24.060. The department or the victim may require court approval of costs and attorneys' fees or may petition a court for determination of the reasonableness of costs and attorneys' fees. This section shall not apply to damages recovered by the victim pursuant to an insurance policy if the department has determined that the victim has been permanently partially disabled, permanently totally disabled, or has died as a result of the criminal act for which benefits are payable under this chapter and (a) the owner of the policy is the person that committed the criminal act for which benefits are payable under this chapter, or (b) the owner of the policy is the victim of the criminal act for which benefits are payable under this chapter.
     (2) 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.
     (3) Payment by the department under this chapter shall be secondary to other insurance benefits, notwithstanding the provision of any contract or coverage to the contrary. In the case of private life insurance proceeds, the first forty thousand dollars of the proceeds shall not be considered for purposes of any reduction in benefits.
     (4) For the purposes of this section, the collection methods available under RCW 7.68.125(4) apply.
     (5) This section applies to victims injured or killed on or after January 1, 2004.

NEW SECTION.  Sec. 2   A new section is added to chapter 7.68 RCW to read as follows:
     (1) If a victim has made applications for benefits for which there was a final order on or after January 1, 2004, and prior to the effective date of this act for injuries sustained on or after January 1, 2004, and:
     (a) The victim was determined by the department to be permanently partially disabled, permanently totally disabled, or died as a result of the criminal act;
     (b) The victim received benefits;
     (c) The victim recovered damages pursuant to an insurance policy and the owner of the policy was the person that committed the criminal act or the owner of the policy was the victim of the criminal act for which benefits are payable under this chapter; and
     (d) The department recovered all or a portion of the benefits paid to the victim after the victim recovered damages under the circumstances in (c) of this subsection,
then the victim or, in the case of death, the victim's family or dependents may make an application to reopen the original claim as provided in this section.
     (2) Determination of benefits of reopened claims shall be governed by the provisions of this chapter.
     (3) With respect to an application to reopen a claim as provided in subsection (1) of this section:
     (a) The department must notify the victim by mail at the victim's last known address as shown by department records that the application has been received.
     (b) If an order denying or granting the application is not issued within ninety days of mailing notice to the victim of receipt of the application, the application shall be deemed granted.
     (c) For good cause, the department may extend the time for making the final determination on the application made under this section for an additional sixty days.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.