FINAL BILL REPORT

HB 2438

                                   C 68 L 90

BYRepresentatives Sprenkle, Holland, Jacobsen, Anderson, Valle, Miller and Ferguson

Providing reimbursement to state library employees injured while working in state correctional institutions and offices.

House Committe on State Government

Rereferred House Committee on Appropriations

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

Employee Assault Reimbursement Program.  In 1984, the Legislature created a supplementary program to reimburse employees of state correctional institutions who miss work as a result of being victims of offender assaults.  In 1986 and 1987, the Legislature expanded the program to cover institutional care employees of the Department of Social and Health Services and the Department of Veteran's Affairs.

Reimbursement may be made under this program only if the agency director believes the employee's absence from work is justified. In addition, the agency head must find that:  the employee was assaulted and received injuries requiring the employee to miss work, and the assault was not a result of the employee's negligence, misconduct, or failure to comply with the conditions or rules of employment.

The following guidelines apply to the supplementary reimbursement:

1)  For each workday missed when the employee was not covered by worker's compensation, the employee receives full pay;

2)  If the employee receives worker's compensation, the employee receives the difference between worker's compensation payment and his or her usual pay;

3)  The employee is not required to use his or her sick leave for workdays missed; and

4)  Reimbursement may not last longer than one year from the date of the injury.

All reimbursements under the program are made by the employing agency, consistent with the manner in which the agency would pay the employee's salary and wages.

State Library.  The State Library, through its Institutional Library Services Division, operates libraries in nearly 40 state institutions.  Thirty-two librarians provide service to state correctional facilities, mental health facilities, state hospitals, and veteran's hospitals.  In the past 15 years, there have been nine instances of assault on a state librarian by an offender or resident of a state institution.

Employees of the state library are not covered under the supplemental reimbursement program for institutional care and corrections employees.

SUMMARY:

The supplemental reimbursement program for employees who are assaulted on the job, covering institutional care employees of the Department of Social and Health Services and the Department of Veteran's Affairs and employees in state correctional facilities, is extended to cover employees of the state library who are assaulted by an offender or resident.

"Resident" is defined as a resident of a state institution.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    47     0

EFFECTIVE:June 7, 1990