SENATE BILL REPORT

SB 5729

BYSenators McDonald, Warnke, Anderson and Hayner; by request of Department of Labor and Industries

Revising provisions for crime victims' compensation.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 23, 1989; March 1, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators Lee, Chairman; Anderson, Vice Chairman; McDonald, Matson, Saling, Smitherman, West.

Senate Staff:Patrick Woods (786-7430)

                  March 1, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 20, 1989; March 21, 1989

Majority Report:  That Substitute Senate Bill No. 5729 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Hayner, Johnson, Lee, Matson, Newhouse, Niemi, Saling, Smith, Warnke.

Minority Report:  That it not be substituted.

      Signed by Senators Bauer, Gaspard, Talmadge, Wojahn.

Senate Staff:Lynn French (786-7715)

                  March 24, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 21, 1989

BACKGROUND:

The crime victims' compensation program was established in 1973 with the legislative intent to provide a method of compensating innocent injured victims of crime.  The program is presently modeled after the workers' compensation statutes and eligible individuals are entitled to similar benefits and services.

The program is funded through an assessment on court fines which are deposited in the public safety and education account.  The moneys in this account are used for a series of programs within state government.  The existing level of funding appropriated from the account to the crime victims' compensation program has not been sufficient to administer its activities and a supplemental budget appropriation has been requested.

SUMMARY:

The entitlement of individuals to receive comprehensive services and benefits under the crime victims' compensation program is removed.  The compatibility of the services and benefits provided under the crime victims' compensation program and workers' compensation is deleted.  The Department of Labor and Industries is authorized to provide benefits and services within their available funding levels as provided by the Legislature.

A means test is provided to determine a victim's eligibility.  The test requires an individual to demonstrate financial hardship as a result of a criminal act.  The time limit in which a crime may be reported to a police department is increased from three days to five days. 

The Director of the Department of Labor and Industries is authorized to set medical fees and adopt rules for attending physicians and service providers.  The director may also require reexamination of victims, inspect records, conduct audits and take disciplinary action against service providers.  The department is authorized to take legal action on behalf of a victim against liable parties.  The victim, upon receiving compensation, is required to reimburse the department for the benefits and services provided.  The receipt of program benefits by a victim is inadmissible evidence in any legal action.

The department is authorized to annually recertify victim assistance programs that are operated by the county prosecuting attorneys' office.

Driving while intoxicated is added to the list of violations subject to an additional public safety and education assessment, the level of which is raised from 50 percent to 75 percent.  A supplemental budget appropriation of $6,591,000 is provided.

The act has an effective date of July 1, 1989.

SUMMARY OF PROPOSED COMMITTEE AMENDMENT:

The supplemental appropriation is subject to an emergency clause.

EFFECT OF PROPOSED SUBSTITUTE:

The Director of Labor and Industries (L&I) is authorized to impose a $45,000 cap on the payment of hospital, clinic, and medical charges along with all related fees.

A Title XIX eligible victim is required to exhaust Title XIX benefits through DSHS before receiving benefits under the crime victims' program.

The Director of L&I is authorized to establish rates for medical and health benefits at a level in between DSHS rates and industrial insurance rates.

The Senate Ways and Means Committee, in consultation with the House Appropriations Committee, is authorized to conduct a study of the PSEA and crime victims' compensation program.

Appropriation:    $6,591,000

Revenue:    none

Fiscal Note:      requested February 16, 1989

Senate Committee - Testified: ECONOMIC DEVELOPMENT & LABOR:  Mike Redman, Washington Association of Prosecuting Attorneys (con); Joe Dear, L & I (pro); Lonnie Johns-Brown and Bev Emery, Washington Coalition of Crime Victim Advocates (con)

Senate Committee - Testified: WAYS & MEANS:  Norm Maleng, King County Prosecuting Attorney; Jenny Eichwald; Raylyn Baird, King County Prosecuting Attorney, VAS Director; Lonnie Johns Brown, Steve Eckstrom, Washington Coalition of Crime Victim Advocates; Frances, Tiki, Merrilynn, victims; Lucy Berliner, Harborview Sexual Assault Center; Mark McDermott, L&I