HOUSE BILL REPORT

HB 2438

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

Majority Report:  Do pass.  (9)

      Signed by Representatives Todd, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; R. Fisher, Hankins, R. King, Morris, O'Brien and Silver.

House Staff:Barbara McLain (786-7135)

Rereferred House Committee on Appropriations

Majority Report:  Do pass.  (25)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Belcher, Bowman, Braddock, Brekke, Dorn, Doty, Ebersole, Ferguson, Hine, May, McLean, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Janet Peterson (786-7143)

AS PASSED HOUSE FEBRUARY 12, 1990

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 & Health Services and the Department of Veteran's Affairs who work in state institutions.

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:  (1) the employee was assaulted and received injuries requiring the employee to miss work, and (2) 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:

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

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

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

            (d)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, just as 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 & 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.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (State Government)  Barney McClure, State Library.

(Appropriations) No one.

House Committee - Testified Against:      (State Government) No one.

(Appropriations) No one.

House Committee - Testimony For:    (State Government) The bill extends a current program to cover librarians for equity reasons.  While there have been few instances of assault on a librarian in the past, the victim should not have to use his or her own sick leave or comp time to recover, and should be granted compensation.

(Appropriations) None.

House Committee - Testimony Against:      (State Government) None.

(Appropriations) None.