AN ACT Relating to crime victim services; amending RCW 43.08.250, 7.68.015, 7.68.020, 7.68.030, 7.68.035, 7.68.050, 7.68.060, 7.68.070, 7.68.075, 7.68.080, 7.68.085, 7.68.090, 7.68.110, 7.68.120, 7.68.125, 7.68.130, 7.68.140, 7.68.145, 7.68.200, 7.68.210, 7.68.220, 7.68.230, 7.68.240, 7.68.250, 7.68.270, 7.68.280, 7.68.290, 70.123.020, 70.123.030, 70.123.040, 70.123.050, 70.123.080, 70.123.090, 70.123.100, 70.123.110, 70.125.030, 70.125.040, 70.125.050, and 70.125.055; adding new sections to chapter 7.68 RCW; creating new sections; decodifying RCW 7.68.160 and 7.68.165; repealing RCW 7.68.100, 7.68.150, and 70.123.060; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds and declares that the state has a moral responsibility to aid innocent victims of crime. It is the intent of the legislature that the state should provide sufficient assistance to victims of crime and their families in order to ease their financial and emotional burden and to maintain their dignity as they go through a difficult and often traumatic period. The legislature also recognizes that although society places a high value on providing services to and advocating for the rights of victims of crime, services are currently scattered throughout state government often creating confusion and inequities and that there exists no one voice advocating for the rights of victims of crime. It is the intent of the legislature to transfer crime victim related programs from the departments of labor and industries and social and health services and to consolidate services to victims of crime in the office of crime victim services as a means of enhancing and improving those services as well as providing a centralized advocate for the rights of victims of crime.

NEW SECTION. Sec. 2. The attorney general is hereby directed to establish an office of crime victim services. The director of the office of crime victim services shall be appointed by the attorney general and shall be exempt from the provisions of chapter 41.06 RCW. The office shall:

(1) Administer the crime victim compensation program under chapter 7.68 RCW;

(2) Administer grants to domestic violence shelters and sexual assault programs as established by chapters 70.123 and 70.125 RCW;

(3) Conduct state-wide public education and awareness programs regarding victimization, crime prevention, and crime victim services;

(4) Provide training assistance to county victim/witness assistance programs, law enforcement agencies, and others providing direct services to crime victims;

(5) Respond to citizen concerns regarding victim issues;

(6) Coordinate all state crime victim services;

(7) Advocate on behalf of victim services and rights;

(8) Recommend to the legislature additions or modifications to existing crime victim services as needed to enhance or improve services;

(9) Study and report to the legislature by January 1992 on the application of Senate Joint Resolution No. 8200; and

(10) Provide annual reports to the legislature beginning January 1992 through January 1995 regarding the functioning of the office.

NEW SECTION. Sec. 3. The director shall establish an advisory group consisting of but not limited to representatives of law enforcement, county victim/witness assistance programs, sexual assault programs, domestic violence programs, and other crime victim advocate groups or programs.

NEW SECTION. Sec. 4. Any moneys granted to the governor under the federal victims of crime act (42 U.S.C. Sec. 10603) for the financial support of eligible crime victim assistance programs shall be transferred to the crime victim assistance account created in RCW 7.68.090.

Sec. 5. Section 338, chapter 258, Laws of 1984 as amended by section 27, chapter 57, Laws of 1985 and RCW 43.08.250 are each amended to read as follows:

The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, ((~~crime victims' compensation,~~)) judicial education, the judicial information system, winter recreation parking, and state game programs. All earnings of investments of balances in the public safety and education account shall be credited to the general fund.

Sec. 6. Section 1, chapter 5, Laws of 1989 1st ex. sess. and RCW 7.68.015 are each amended to read as follows:

The ((~~department of labor and industries~~)) office of crime victim services shall operate the crime victims' compensation program ((~~within the appropriations and the conditions and limitations on the appropriations provided for this program~~)).

Sec. 7. Section 2, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 6, chapter 281, Laws of 1987 and RCW 7.68.020 are each amended to read as follows:

The following words and phrases as used in this chapter have the meanings set forth in this section unless the context otherwise requires.

(1) ((~~"Department" means the department of labor and industries~~)) "Office" means the office of crime victim services.

(2) "Criminal act" means an act committed or attempted in this state which is punishable as a felony or gross misdemeanor under the laws of this state, except as follows:

(a) The operation of a motor vehicle, motorcycle, train, boat, or aircraft in violation of law does not constitute a "criminal act" unless:

(i) The injury or death was intentionally inflicted;

(ii) The operation thereof was part of the commission of another non-vehicular criminal act as defined in this section; or

(iii) The death or injury was the result of the operation of a motor vehicle after July 24, 1983, and there is a conviction of vehicular assault under RCW 46.61.522 or vehicular homicide under RCW 46.61.520 or a preponderance of the evidence establishes that the death was the result of vehicular homicide under RCW 46.61.520, or ((~~a conviction~~)) the injury was the result of vehicular assault under RCW 46.61.522((, has been obtained: PROVIDED, That in cases where a probable criminal defendant has died in perpetration of vehicular assault or, because of physical or mental infirmity or disability the perpetrator is incapable of standing trial for vehicular assault, the department may, by a preponderance of the evidence, establish that a vehicular assault had been committed and authorize benefits));

(b) Neither an acquittal in a criminal prosecution nor the absence of any such prosecution is admissible in any claim or proceeding under this chapter as evidence of the noncriminal character of the acts giving rise to such claim or proceeding((~~, except as provided for in subsection (2)(a)(iii) of this section~~));

(c) Evidence of a criminal conviction arising from acts which are the basis for a claim or proceeding under this chapter is admissible in such claim or proceeding for the limited purpose of proving the criminal character of the acts; and

(d) Acts which, but for the insanity or mental irresponsibility of the perpetrator, would constitute criminal conduct are deemed to be criminal conduct within the meaning of this chapter.

(3) "Director" means the director of the office of crime victim services.

(4) "Victim" means a person who suffers bodily injury, extreme emotional injury, or death as a proximate result of a criminal act of another person, the victim's own good faith and reasonable effort to prevent a criminal act, or his or her good faith effort to apprehend a person reasonably suspected of engaging in a criminal act. ((~~For the purposes of receiving benefits pursuant to this chapter, "victim" is interchangeable with "employee" or "workman" as defined in chapter 51.08 RCW as now or hereafter amended.~~

(4) "Child," "accredited school," "dependent," "beneficiary," "average monthly wage," "director," "injury," "invalid," "permanent partial disability," and "permanent total disability" have the meanings assigned to them in chapter 51.08 RCW as now or hereafter amended.))

(5) "Gainfully employed" means engaging on a regular and continuous basis in a lawful activity from which a person derives a livelihood.

(6) "Private insurance" means any source of recompense provided by contract available as a result of the claimed injury or death at the time of such injury or death, or which becomes available any time thereafter.

(7) "Public insurance" means any source of recompense provided by statute, state or federal, available as a result of the claimed injury or death at the time of such injury or death((~~, or which becomes available any time thereafter~~)). For the purposes of this chapter, an individual will not be required to use his or her assets other than funds recovered as a result of a civil action or criminal restitution, for medical expenses or pain and suffering in order to qualify for public insurance. (8) "Accredited school" means a school or course of instruction which is:

(a) Approved by the state superintendent of public instruction, the state board of education, or the state board for community college education; or

(b) Regulated or licensed as to course content by any agency of the state or under any occupational licensing act of the state, or recognized by the apprenticeship council under an agreement registered with the apprenticeship council under chapter 49.04 RCW.

(9) "Average monthly wage" means the average annual wage as determined under RCW 50.04.355 as now or hereafter amended divided by twelve.

(10) "Beneficiary" means a husband, wife, child, or dependent of a victim in whom shall vest a right to receive payment under this chapter: PROVIDED, That a husband or wife of a victim, living separate and apart in a state of abandonment, regardless of the party responsible therefor, for more than one year at the time of the criminal act or subsequently, shall not be a beneficiary. A spouse who has lived separate and apart from the other spouse for the period of two years and who has not, during that time, received, or attempted by process of law to collect, funds for maintenance, shall be deemed living in a state of abandonment.

(11) "Child" means every natural born child, posthumous child, stepchild, child legally adopted prior to the criminal act, child born after the criminal act where conception occurred prior to the criminal act, and dependent child in the legal custody and control of the victim, all while under the age of eighteen years, or under the age of twenty-three years while permanently enrolled at a full-time course in an accredited school, and over the age of eighteen years if the child is a dependent as a result of a physical, mental, or sensory handicap.

(12) "Dependent" means any of the following named relatives of a victim whose death results from any criminal act and who leaves surviving no widow, widower, or child, viz: Father, mother, grandfather, grandmother, stepfather, stepmother, grandson, granddaughter, brother, sister, half-sister, half-brother, niece, nephew, who at the time of the criminal act are actually and necessarily dependent in whole or in part for their support upon the earnings of the victim. Unless otherwise provided by treaty, aliens other than father or mother, not residing within the United States at the time of the criminal act, are not included.

(13) "Injury" means a sudden and tangible happening, of a traumatic nature, producing an immediate or prompt result, and occurring from without, and such physical conditions as result therefrom.

(14) "Invalid" means one who is physically or mentally incapacitated from earning.

(15) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye, one or more fingers, one or more toes, any dislocation where ligaments were severed where repair is not complete, or any other injury known in surgery to be permanent partial disability.

(16) "Permanent total disability" means loss of both legs, or arms, or one leg and one arm, total loss of eyesight, paralysis or other condition permanently incapacitating the victim from performing any work at any gainful occupation.

Sec. 8. Section 3, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 2, chapter 5, Laws of 1989 1st ex. sess. and RCW 7.68.030 are each amended to read as follows:

It shall be the duty of the director to establish and administer a program of benefits to innocent victims of criminal acts within the terms and limitations of this chapter. In so doing, the director shall, in accordance with chapter 34.05 RCW, adopt rules ((~~and regulations~~)) necessary to the administration of this chapter((, and the provisions contained in chapter 51.04 RCW, including but not limited to RCW 51.04.020, 51.04.030, 51.04.040, 51.04.050 and 51.04.100 as now or hereafter amended, shall apply where appropriate in keeping with the intent of this chapter)). The director may apply for and, subject to appropriation, expend federal funds under Public Law 98-473 and any other federal program providing financial assistance to state crime victim compensation programs. The federal funds shall be deposited ((~~in the public safety and education account~~)) in the general fund and may be expended only for purposes authorized by applicable federal law.

NEW SECTION. Sec. 9. The director shall supervise the providing of prompt and efficient care and treatment, including care provided by physicians' assistants governed by the provisions of chapters 18.57A and 18.71A RCW, acting under a supervising physician to victims at the least cost consistent with promptness and efficiency, without discrimination or favoritism, and with as great uniformity as the various and diverse surrounding circumstances will permit and to that end shall, from time to time, establish and adopt and supervise the administration of printed forms, rules, and practices for the furnishing of such care and treatment: PROVIDED, That the office may recommend to an injured victim particular health care services and providers where specialized treatment is indicated or where cost-effective payment levels or rates are obtained by the office, and may enter into contracts for goods and services including, but not limited to, durable medical equipment so long as state-wide access to quality service is maintained for victims.

The director shall make and, from time to time, change as may be, and adopt a fee bill of the maximum charges to be made by any physician, surgeon, hospital, druggist, physicians' assistants as defined in chapters 18.57A and 18.71A RCW, acting under a supervising physician or other agency or person rendering services to victims. No service covered under this chapter shall be charged or paid at a rate or rates exceeding those specified in such fee bill, and no contract providing for greater fees shall be valid as to the excess.

The director shall make a record of the commencement of every disability and the termination thereof and, when bills are rendered for the care and treatment of victims, shall approve and pay those which conform to the rules and practices of the director and may reject any bill or item thereof incurred in violation of the principles laid down in this section or the rules adopted under it.

NEW SECTION. Sec. 10. The director and his or her authorized assistants shall have power to issue subpoenas to enforce the attendance and testimony of witnesses and the production and examination of books, papers, photographs, tapes, and records before the office in connection with any claim made to the office, any billing submitted to the office, or the assessment or collection of premiums. The superior court shall have the power to enforce any such subpoena by proper proceedings.

NEW SECTION. Sec. 11. In all hearings, actions, or proceedings before the office or the board of industrial insurance appeals, or before any court on appeal from the board, any physician having theretofore examined or treated the victim may be required to testify fully regarding such examination or treatment, and shall not be exempt from so testifying by reason of the relation of physician to patient.

NEW SECTION. Sec. 12. On all claims under this chapter, unless written notice is provided by the victim, victims' written notices, orders, or warrants shall not be forwarded to, or in care of, any representative of the victim, but shall be forwarded directly to the victim until such time as there has been entered an order on the claim appealable to the board of industrial insurance appeals.

NEW SECTION. Sec. 13. The office may, at any time, on receipt of written authorization, transmit amounts payable to a victim, beneficiary, or any supplier of goods or services to the account of such person in a bank or other financial institution regulated by state or federal authority.

Sec. 14. Section 10, chapter 302, Laws of 1977 ex. sess. as last amended by section 29, chapter 252, Laws of 1989 and RCW 7.68.035 are each amended to read as follows:

(1) Whenever any person is found guilty in any superior court of having committed a crime, except as provided in subsection (2) of this section, there shall be imposed by the court upon such convicted person a penalty assessment. The assessment shall be in addition to any other penalty or fine imposed by law and shall be one hundred dollars for each case or cause of action that includes one or more convictions of a felony or gross misdemeanor and seventy-five dollars for any case or cause of action that includes convictions of only one or more misdemeanors.

(2) The assessment imposed by subsection (1) of this section shall not apply to motor vehicle crimes defined in Title 46 RCW except those defined in the following sections: RCW 46.61.520, 46.61.522, 46.61.024, 46.52.090, 46.70.140, 46.65.090, 46.61.502, 46.61.504, 46.52.100, 46.20.410, 46.52.020, 46.10.130, 46.09.130, 46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 46.44.180, 46.10.090(2), and 46.09.120(2).

(3) Whenever any person accused of having committed a crime posts bail in superior court pursuant to the provisions of chapter 10.19 RCW and such bail is forfeited, there shall be deducted from the proceeds of such forfeited bail a penalty assessment, in addition to any other penalty or fine imposed by law, equal to the assessment which would be applicable under subsection (1) of this section if the person had been convicted of the crime.

(4) Such penalty assessments shall be paid by the clerk of the superior court to the county treasurer who shall monthly transmit the money as provided in RCW 10.82.070. Each county shall deposit not less than one and seventy-five one-hundredths percent of the money it retains under RCW 10.82.070 and chapter 3.62 RCW and all money it receives under subsection (8) of this section into a fund maintained exclusively for the support of comprehensive programs to encourage and facilitate testimony by the victims of crimes and witnesses to crimes. A program shall be considered "comprehensive" only after approval of the ((~~department~~)) office upon application by the county prosecuting attorney. The ((~~department~~)) office shall approve as comprehensive only programs which:

(a) Provide comprehensive services to victims and witnesses of all types of crime with particular emphasis on serious crimes against persons and property. It is the intent of the legislature to make funds available only to programs which do not restrict services to victims or witnesses of a particular type or types of crime and that such funds supplement, not supplant, existing local funding levels;

(b) Are administered by the county prosecuting attorney either directly through the prosecuting attorney's office or by contract between the county and agencies providing services to victims of crime;

(c) Make a reasonable effort to inform the known victim or his or her surviving dependents of the existence of this chapter and the procedure for making application for benefits;

(d) Assist victims in the restitution and adjudication process; and

(e) Assist victims of violent crimes in the preparation and presentation of their claims to the ((~~department of labor and industries~~)) office under this chapter.

Before a program in any county west of the Cascade mountains is submitted to the ((~~department~~)) office for approval, it shall be submitted for review and comment to each city within the county with a population of more than one hundred fifty thousand. The ((~~department~~)) office will consider if the county's proposed comprehensive plan meets the needs of crime victims in cases adjudicated in municipal, district or superior courts and of crime victims located within the city and county.

(5) Upon submission to the ((~~department~~)) office of a letter of intent to adopt a comprehensive program, the prosecuting attorney shall retain the money deposited by the county under subsection (4) of this section until such time as the county prosecuting attorney has obtained approval of a program from the ((~~department~~)) office. Approval of the comprehensive plan by the ((~~department~~)) office must be obtained within one year of the date of the letter of intent to adopt a comprehensive program. The county prosecuting attorney shall not make any expenditures from the money deposited under subsection (4) of this section until approval of a comprehensive plan by the ((~~department~~)) office. If a county prosecuting attorney has failed to obtain approval of a program from the ((~~department~~)) office under subsection (4) of this section or failed to obtain approval of a comprehensive program within one year after submission of a letter of intent under this section, the county treasurer shall monthly transmit one hundred percent of the money deposited by the county under subsection (4) of this section to the state treasurer for deposit in the public safety and education account established under RCW 43.08.250.

(6) County prosecuting attorneys are responsible to make every reasonable effort to insure that the penalty assessments of this chapter are imposed and collected.

(7) Penalty assessments under this section shall also be imposed in juvenile offense dispositions under Title 13 RCW. Upon motion of a party and a showing of good cause, the court may modify the penalty assessment in the disposition of juvenile offenses under Title 13 RCW.

(8) Every city and town shall transmit monthly one and seventy-five one-hundredths percent of all money, other than money received for parking infractions, retained under RCW 3.46.120, 3.50.100, and 35.20.220 to the county treasurer for deposit as provided in subsection (4) of this section.

Sec. 15. Section 5, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 3, chapter 156, Laws of 1980 and RCw 7.68.050 are each amended to read as follows:

(1) No right of action at law for damages incurred as a consequence of a criminal act shall be lost as a consequence of being entitled to benefits under the provisions of this chapter. The victim or his or her beneficiary may elect to seek damages from the person or persons liable for the claimed injury or death, and such victim or beneficiary is entitled to the full compensation and benefits provided by this chapter regardless of any election or recovery made pursuant to this section.

(2) ((~~For the purposes of this section, the rights, privileges, responsibilities, duties, limitations, and procedures contained in RCW 51.24.050 through 51.24.100 as now existing or hereafter amended apply.~~

~~(3)~~)) If the recovery involved is against the state, the lien of the ((~~department~~)) office includes the interest on the benefits paid by the ((~~department~~)) office to or on behalf of such person under this chapter computed at the rate of eight percent per annum from the date of payment.

((~~(4)~~)) (3) The 1980 amendments to this section apply only to injuries which occur on or after April 1, 1980.

NEW SECTION. Sec. 16. (1) An election not to proceed against the liable party or parties operates as an assignment of the cause of action to the office, which may prosecute or compromise the action in its discretion in the name of the victim, beneficiary or legal representative.

(2) If a criminal act results in a victim's death, the office may petition a court for the appointment of a special personal representative for the limited purpose of maintaining an action under this chapter and chapter 4.20 RCW.

(3) If a victim or beneficiary is a minor child, an election not to proceed against a third person on such victim's or beneficiary's cause of action may be exercised by the beneficiary's legal custodian or guardian.

(4) Any recovery made by the office shall be distributed as follows:

(a) The office shall be paid the expenses incurred in making the recovery including reasonable costs of legal services;

(b) The victim or beneficiary shall be paid twenty-five percent of the balance of the recovery made, which shall not be subject to subsection (5) of this section: PROVIDED, That in the event of a compromise and settlement by the parties, the victim or beneficiary may agree to a sum less than twenty-five percent;

(c) The office shall be paid the compensation and benefits paid to or on behalf of the victim or beneficiary by the office; and

(d) The victim or beneficiary shall be paid any remaining balance.

(5) Thereafter no payment shall be made to or on behalf of a victim or beneficiary by the office for such injury until the amount of any further compensation and benefits to which the victim or beneficiary is entitled shall equal any such remaining balance. Thereafter, such benefits shall be paid by the office to or on behalf of the victim or beneficiary as though no recovery had been made from a third person.

NEW SECTION. Sec. 17. (1) If the victim or beneficiary elects to seek damages from the liable party or parties, any recovery made shall be distributed as follows:

(a) The costs and reasonable attorneys' fees shall be paid proportionately by the victim or beneficiary and the office;

(b) The victim or beneficiary shall be paid twenty-five percent of the balance of the award: PROVIDED, That in the event of a compromise and settlement by the parties, the victim or beneficiary may agree to a sum less than twenty-five percent;

(c) The office shall be paid the balance of the recovery made, but only to the extent necessary to reimburse the office for compensation and benefits paid;

(i) The office shall bear its proportionate share of the costs and reasonable attorneys' fees incurred by the victim or beneficiary to the extent of the benefits paid or payable under this chapter: PROVIDED, That the office may require court approval of costs and attorneys' fees or may petition a court for determination of the reasonableness of costs and attorneys' fees;

(ii) The sum representing the office's proportionate share shall not be subject to subsection (1) (d) and (e) of this section;

(d) Any remaining balance shall be paid to the victim or beneficiary;

(e) Thereafter no payment shall be made to or on behalf of a victim or beneficiary by the office for an injury until the amount of any further compensation and benefits to which the victim or beneficiary is entitled shall equal any such remaining balance. Thereafter, such benefits shall be paid by the office to or on behalf of the victim or beneficiary as though no recovery had been made from a third person.

(2) The recovery made shall be subject to a lien by the office for its share under this section.

(3) The office has sole discretion to compromise the amount of its lien. In deciding whether or to what extent to compromise its lien, the office shall consider at least the following:

(a) The likelihood of collection of the award or settlement as may be affected by insurance coverage, solvency, or other factors relating to the third person;

(b) Factual and legal issues of liability as between the victim or beneficiary and the third person. Such issues include but are not limited to possible contributory negligence and novel theories of liability; and

(4) It shall be the duty of the person to whom any recovery is paid before distribution under this section to advise the office of the fact and amount of such recovery, the costs and reasonable attorneys' fees associated with the recovery, and to distribute the recovery in compliance with this section.

(5) The distribution of any recovery made by award or settlement of the third party action shall be confirmed by office order, served by registered or certified mail, and shall be subject to sections 73 through 85 of this act. In the event the order of distribution becomes final under sections 73 through 85 of this act, the director or the director's designee may file with the clerk of any county within the state a warrant in the amount of the sum representing the unpaid lien plus interest accruing from the date the order became final. The clerk of the county in which the warrant is filed shall immediately designate a superior court cause number for such warrant and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the victim or beneficiary mentioned in the warrant, the amount of the unpaid lien plus interest accrued and the date when the warrant was filed. The amount of such warrant as docketed shall become a lien upon the title to and interest in all real and personal property of the victim or beneficiary against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of such clerk. The sheriff shall then proceed in the same manner and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to support the issuance of writs of garnishment in favor of the office in the manner provided by law in the case of judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee of five dollars, which shall be added to the amount of the warrant. A copy of such warrant shall be mailed to the victim or beneficiary within three days of filing with the clerk.

(6) The director, or the director's designee, may issue to any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, a notice and order to withhold and deliver property of any kind if he or she has reason to believe that there is in the possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property which is due, owing, or belonging to any victim or beneficiary upon whom a warrant has been served by the office for payments due to the state fund. The notice and order to withhold and deliver shall be served by the sheriff of the county or by the sheriff's deputy, or by any authorized representatives of the director. Any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order to withhold and deliver. In the event there is in the possession of the party named and served with such notice and order, any property which may be subject to the claim of the office, such property shall be delivered forthwith to the director or the director's authorized representative upon demand. If the party served and named in the notice and order fails to answer the notice and order within the time prescribed in this section, the court may, after the time to answer such order has expired, render judgment by default against the party named in the notice for the full amount claimed by the director in the notice together with costs. In the event that a notice to withhold and deliver is served upon an employer and the property found to be subject thereto is wages, the employer may assert in the answer to all exemptions provided for by chapter 6.27 RCW to which the wage earner may be entitled.

NEW SECTION. Sec. 18. (1) The office may require the victim or beneficiary to exercise the right of election under this chapter by serving a written demand by registered mail, certified mail, or personal service on the victim or beneficiary.

(2) Unless an election is made within sixty days of the receipt of the demand, and unless an action is instituted or settled within the time granted by the office, the victim or beneficiary is deemed to have assigned the action to the office. The office shall allow the victim or beneficiary at least ninety days from the election to institute or settle the action. When a victim or beneficiary is a minor child the demand shall be served upon the legal custodian or guardian of such victim or beneficiary.

(3) If an action which has been filed is not diligently prosecuted, the office may petition the court in which the action is pending for an order assigning the cause of action to the office. Upon a sufficient showing of a lack of diligent prosecution the court in its discretion may issue the order.

(4) If the office has taken an assignment of the third party cause of action under subsection (2) of this section, the victim or beneficiary may, at the discretion of the office, exercise a right of reelection and assume the cause of action subject to reimbursement of litigation expenses incurred by the office.

NEW SECTION. Sec. 19. (1) If the victim or beneficiary elects to seek damages from the third person, notice of the election must be given to the office. The notice shall be by registered mail, certified mail, or personal service. If an action is filed by the victim or beneficiary, a copy of the complaint must be sent by registered mail to the office.

(2) A return showing service of the notice on the office shall be filed with the court but shall not be part of the record except as necessary to give notice to the defendant of the lien imposed by section 17(2) of this act.

NEW SECTION. Sec. 20. (1) Any compromise or settlement of the third party cause of action by the victim or beneficiary which results in less than the entitlement under this chapter is void unless made with the written approval of the office: PROVIDED, That for the purposes of this chapter, "entitlement" means benefits and compensation paid and payable.

(2) If a compromise or settlement is void because of subsection (1) of this section, the office may petition the court in which the action was filed for an order assigning the cause of action to the office. If an action has not been filed, the office may proceed as provided in chapter 7.24 RCW.

NEW SECTION. Sec. 21. The fact that the victim or beneficiary is entitled to compensation under this chapter shall not be pleaded or admissible in evidence in any civil action under this chapter. Any challenge of the right to bring such action shall be made by supplemental pleadings only and shall be decided by the court as a matter of law.

Sec. 22. Section 6, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 1, chapter 98, Laws of 1986 and RCW 7.68.060 are each amended to read as follows:

(1) ((For the purposes of applying for benefits under this chapter, the rights, privileges, responsibilities, duties, limitations and procedures contained in RCW 51.28.020, 51.28.030, 51.28.040 and 51.28.060 as now or hereafter amended shall apply: PROVIDED, That)) No compensation of any kind shall be available under this chapter if:

(a) An application for benefits is not received by the ((~~department~~)) office within one year after the date the criminal act was reported to a local police department ((or)), sheriff's office, or child protective services in the case of child abuse, or the date the rights of dependents or beneficiaries accrued; or

(b) The criminal act is not reported by the victim or someone on his or her behalf to a local police department or sheriff's office within ((~~seventy-two hours~~)) ninety days of its occurrence or, if it could not reasonably have been reported within that period, within ((~~seventy-two hours~~)) ninety days of the time when a report could reasonably have been made. In making determinations as to reasonable time limits, the office shall give greatest weight to the needs of the victim.

(2) Because victims of childhood criminal acts may repress conscious memory of such criminal acts far beyond the age of majority, the rights of adult victims of childhood criminal acts are deemed to accrue at the time the victim discovers or reasonable should have discovered the elements of the crime. In making determinations as to reasonable time limits, the office shall give greatest weight to the needs of the victim.

(3) This section shall apply only to criminal acts reported after December 31, 1985.

NEW SECTION. Sec. 23. Where a victim is entitled to compensation under this chapter he or she shall file with the office his or her application for such, together with the certificate of the physician who attended him or her, and it shall be the duty of the physician to inform the victim of his or her rights under this chapter and to lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the office without charge to the victim. The office shall provide physicians with a manual which outlines the procedures to be followed in applications for compensation under this chapter.

NEW SECTION. Sec. 24. Where death results from injury the parties entitled to compensation under this chapter, or someone in their behalf, shall make application for the same to the office, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this chapter, certificates of attending physician, if any, and such proof as required by the rules of the office.

NEW SECTION. Sec. 25. If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor. Where the application has been granted, compensation and other benefits if in order shall be allowed for periods of time up to sixty days prior to the receipt of such application.

NEW SECTION. Sec. 26. Proof of dependency by any beneficiary residing without the United States shall be made before the nearest United States consul or consular agency, under the seal of such consul or consular agent, and the office may cause any warrant or warrants to which such beneficiary is entitled to be transmitted to the beneficiary through the nearest United States consul or consular agent.

Sec. 27. Section 7, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 5, chapter 5, Laws of 1989 1st ex. sess. and RCW 7.68.070 are each amended to read as follows:

((The right to benefits under this chapter and the amount thereof will be governed insofar as is applicable by the provisions contained in chapter 51.32 RCW as now or hereafter amended except as provided in this section:

~~(1) The provisions contained in RCW 51.32.015, 51.32.030, 51.32.072, 51.32.073, 51.32.180, 51.32.190, and 51.32.200 as now or hereafter amended are not applicable to this chapter.~~

~~(2)~~)) (1) Each victim injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, or the victim's family or dependents in case of death of the victim, are entitled to benefits in accordance with this chapter, subject to the limitations under RCW 7.68.015. ((~~The rights, duties, responsibilities, limitations, and procedures applicable to a worker as contained in RCW 51.32.010 as now or hereafter amended are applicable to this chapter.~~

(3) The limitations contained in RCW 51.32.020 as now or hereafter amended are applicable to claims under this chapter. In addition thereto, no person or spouse, child, or dependent of such person is entitled to benefits under this chapter when the injury for which benefits are sought, was:

~~(a) The result of consent, provocation, or incitement by the victim;~~

~~(b) Sustained while the crime victim was engaged in the attempt to commit, or the commission of, a felony; or~~

(c) Sustained while the victim was confined in any county or city jail, federal jail or prison or in any other federal institution, or any state correctional institution maintained and operated by the department of social and health services or the department of corrections, prior to release from lawful custody; or confined or living in any other institution maintained and operated by the department of social and health services or the department of corrections.

(4) The benefits established upon the death of a worker and contained in RCW 51.32.050 as now or hereafter amended shall be the benefits obtainable under this chapter and provisions relating to payment contained in that section shall equally apply under this chapter: PROVIDED, That benefits for burial expenses shall not exceed the maximum cost used by the department of social and health services for the funeral and burial of a deceased indigent person under chapter 74.08 RCW in any claim: PROVIDED FURTHER, That if the criminal act results in the death of a victim who was not gainfully employed at the time of the criminal act, and who was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act;

(a) Benefits payable to an eligible surviving spouse, where there are no children of the victim at the time of the criminal act who have survived the victim or where such spouse has legal custody of all of his or her children, shall be limited to burial expenses and a lump sum payment of seven thousand five hundred dollars without reference to number of children, if any;

(b) Where any such spouse has legal custody of one or more but not all of such children, then such burial expenses shall be paid, and such spouse shall receive a lump sum payment of three thousand seven hundred fifty dollars and any such child or children not in the legal custody of such spouse shall receive a lump sum of three thousand seven hundred fifty dollars to be divided equally among such child or children;

(c) If any such spouse does not have legal custody of any of the children, the burial expenses shall be paid and the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars and any such child or children not in the legal custody of the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars to be divided equally among the child or children;

(d) If no such spouse survives, then such burial expenses shall be paid, and each surviving child of the victim at the time of the criminal act shall receive a lump sum payment of three thousand seven hundred fifty dollars up to a total of two such children and where there are more than two such children the sum of seven thousand five hundred dollars shall be divided equally among such children.

~~No other benefits may be paid or payable under these circumstances.~~

(5) The benefits established in RCW 51.32.060 as now or hereafter amended for permanent total disability proximately caused by the criminal act shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That if a victim becomes permanently and totally disabled as a proximate result of the criminal act and was not gainfully employed at the time of the criminal act, the victim shall receive monthly during the period of the disability the following percentages, where applicable, of the average monthly wage determined as of the date of the criminal act pursuant to RCW 51.08.018 as now or hereafter amended:

~~(a) If married at the time of the criminal act, twenty-nine percent of the average monthly wage.~~

~~(b) If married with one child at the time of the criminal act, thirty-four percent of the average monthly wage.~~

~~(c) If married with two children at the time of the criminal act, thirty-eight percent of the average monthly wage.~~

~~(d) If married with three children at the time of the criminal act, forty-one percent of the average monthly wage.~~

~~(e) If married with four children at the time of the criminal act, forty-four percent of the average monthly wage.~~

~~(f) If married with five or more children at the time of the criminal act, forty-seven percent of the average monthly wage.~~

~~(g) If unmarried at the time of the criminal act, twenty-five percent of the average monthly wage.~~

~~(h) If unmarried with one child at the time of the criminal act, thirty percent of the average monthly wage.~~

~~(i) If unmarried with two children at the time of the criminal act, thirty-four percent of the average monthly wage.~~

~~(j) If unmarried with three children at the time of the criminal act, thirty-seven percent of the average monthly wage.~~

~~(k) If unmarried with four children at the time of the criminal act, forty percent of the average monthly wage.~~

~~(l) If unmarried with five or more children at the time of the criminal act, forty-three percent of the average monthly wage.~~

(6) The benefits established in RCW 51.32.080 as now or hereafter amended for permanent partial disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section equally apply under this chapter.

(7) The benefits established in RCW 51.32.090 as now or hereafter amended for temporary total disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That no person is eligible for temporary total disability benefits under this chapter if such person was not gainfully employed at the time of the criminal act, and was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act.

(8) The benefits established in RCW 51.32.095 as now or hereafter amended for continuation of benefits during vocational rehabilitation shall be benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That benefits shall not exceed five thousand dollars for any single injury.

~~(9) The provisions for lump sum payment of benefits upon death or permanent total disability as contained in RCW 51.32.130 as now or hereafter amended apply under this chapter.~~

(10) The provisions relating to payment of benefits to, for or on behalf of workers contained in RCW 51.32.040, 51.32.055, 51.32.100, 51.32.110, 51.32.120, 51.32.135, 51.32.140, 51.32.150, 51.32.160, and 51.32.210 as now or hereafter amended are applicable to payment of benefits to, for or on behalf of victims under this chapter.

~~(11)~~)) (2) No person or spouse, child, or dependent of such person is entitled to benefits under this chapter where the person making a claim for such benefits has refused to give reasonable cooperation to state or local law enforcement agencies in their efforts to apprehend and convict the perpetrator(s) of the criminal act which gave rise to the claim.

((~~(12)~~)) (3) In addition to other benefits provided under this chapter, victims of sexual assault are entitled to receive appropriate counseling. Fees for such counseling shall be determined by the ((~~department in accordance with RCW 51.04.030~~)) office, subject to the limitations of RCW 7.68.080. Counseling services may include, if determined appropriate by the ((~~department~~)) office, counseling of members of the victim's immediate family, other than the perpetrator of the assault.

((~~(13)~~)) (4) Except for medical benefits authorized under RCW 7.68.080, no more than ((~~fifteen~~)) seventy thousand dollars shall be granted as a result of a single injury or death, except that benefits granted as the result of total permanent disability or death shall not exceed ((~~twenty~~)) eighty thousand dollars.

((~~(14)~~)) (5) Notwithstanding other provisions of this chapter ((~~and Title 51 RCW~~)), benefits payable for total temporary disability under ((~~subsection (7) of this section~~)) section 39 of this 1990 act, shall be limited to ((~~ten~~)) fifteen thousand dollars.

((~~(15)~~)) (6) Any person who is responsible for the victim's injuries, or who would otherwise be unjustly enriched as a result of the victim's injuries, shall not be a beneficiary under this chapter.

((~~(16)~~)) (7) Crime victims' compensation is not available to pay for services covered under chapter 74.09 RCW or Title XIX of the federal social security act, except to the extent that the costs for such services exceed service limits established by the department of social and health services.

NEW SECTION. Sec. 28. Each victim injured as a result of a criminal act, or his or her family or dependents in case of death of the victim, shall receive compensation in accordance with this chapter, and, except as in this chapter otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever: PROVIDED, That if a victim, or the surviving spouse of a victim shall not have the legal custody of a child for, or on account of whom payments are required to be made under this chapter, such payment or payments shall be made to the person or persons having the legal custody of such child but only for the periods of time after the office has been notified of the fact of such legal custody, and it shall be the duty of any such person or persons receiving payments because of legal custody of any child immediately to notify the office of any change in such legal custody.

NEW SECTION. Sec. 29. (1) An invalid child, while being supported and cared for in a state institution, shall not receive compensation under this chapter.

(2) No payment shall be made to or for a natural child of a deceased victim and, at the same time, as the stepchild of a deceased victim.

(3) No person or spouse, child, or dependent of such person is entitled to benefits under this chapter when the injury for which benefits are sought, was:

(a) The result of consent, provocation, or incitement by the victim;

(b) Sustained while the crime victim was engaged in the attempt to commit, or the commission of, a felony; or

NEW SECTION. Sec. 30. Any payments to or on account of any child or children of a deceased or temporarily or totally permanently disabled victim under this chapter shall terminate when any such child reaches the age of eighteen years unless such child is a dependent invalid child or is permanently enrolled at a full-time course in an accredited school, in which case such payments after age eighteen shall be made directly to such child. Payments to any dependent invalid child over the age of eighteen years shall continue in the amount previously paid on account of such child until he or she shall cease to be dependent. Payments to any child over the age of eighteen years permanently enrolled at a full-time course in an accredited school shall continue in the amount previously paid on account of such child until the child reaches an age over that provided for in the definition of "child" in this chapter or ceases to be permanently enrolled whichever occurs first. Where the victim sustains an injury or dies when any of the victim's children is over the age of eighteen years and is either a dependent invalid child or is a child permanently enrolled at a full-time course in an accredited school the payment to or on account of any such child shall be made as herein provided.

NEW SECTION. Sec. 31. No money paid or payable under this chapter shall, except as provided for in RCW 43.20B.720 or 74.20A.260, prior to the issuance and delivery of the check or warrant therefor, be capable of being assigned, charged, or ever be taken in execution or attached or garnished, nor shall the same pass, or be paid, to any other person by operation of law, or by any form of voluntary assignment, or power of attorney. Any such assignment or charge shall be void, unless the transfer is to a financial institution at the request of a victim or other beneficiary and in accordance with section 32 of this act shall be made: PROVIDED, That if any victim suffers a permanent partial injury, and dies from some cause other than the criminal act which produced such injury before he or she shall have received payment of his or her award for such permanent partial injury, or if any victim suffers any other injury before he or she shall have received payment of any monthly installment covering any period of time prior to his or her death, the amount of such permanent partial award, or of such monthly payment or both, shall be paid to the surviving spouse, or to the child or children if there is no surviving spouse: PROVIDED FURTHER, That if any victim suffers an injury and dies therefrom before he or she shall have received payment of any monthly installment covering time loss for any period of time prior to his or her death, the amount of such monthly payment shall be paid to the surviving spouse, or to the child or children if there is no surviving spouse: PROVIDED FURTHER, That any application for compensation under the foregoing provisos of this section shall be filed with the office within one year of the date of death: PROVIDED FURTHER, That if the victim resided in the United States as long as three years prior to the date of the criminal act, such payment shall not be made to any surviving spouse or child who was at the time of the criminal act a nonresident of the United States: PROVIDED FURTHER, That any victim receiving benefits under this chapter who is subsequently confined in, or who subsequently becomes eligible therefor while confined in any institution under conviction and sentence shall have all payments of such compensation canceled during the period of confinement but after discharge from the institution payment of benefits thereafter due shall be paid if such victim would, but for the provisions of this proviso, otherwise be entitled thereto: PROVIDED FURTHER, That if such incarcerated victim has during such confinement period, any beneficiaries, they shall be paid directly the monthly benefits which would have been paid to him or her for himself or herself and his or her beneficiaries had he or she not been so confined. Any lump sum benefits to which the victim would otherwise be entitled but for the provisions of these provisos shall be paid on a monthly basis to his or her beneficiaries.

NEW SECTION. Sec. 32. Any victim or beneficiary may elect to have any payments due transferred to such person's account in a financial institution for either: (1) Credit to the recipient's account in such financial institution; or (2) immediate transfer therefrom to the recipient's account in any other financial institution. A single warrant may be drawn in favor of such financial institution, for the total amount due the recipients involved, and written directions provided to such financial institution of the amount to be credited to the account of a recipient or to be transferred to an account in another financial institution for such recipient. The issuance and delivery by the disbursing officer of a warrant in accordance with the procedure set forth in this section and proper indorsement thereof by the financial institution shall have the same legal effect as payment directly to the recipient.

For the purposes of this section "financial institution" shall have the meaning given in RCW 41.04.240 as now or hereafter amended.

NEW SECTION. Sec. 33. (1) Where death results from the criminal act the expenses of burial shall not exceed the maximum cost used by the department of social and health services for the funeral and burial of a deceased indigent person under chapter 74.08 RCW.

(2) (a) Where death results from the criminal act, a surviving spouse of a deceased victim eligible for benefits under this chapter shall receive monthly for life, until remarriage, or until maximum benefits allowed by this chapter are received, payments according to the following schedule:

(i) If there are no children of the deceased victim, sixty percent of the wages of the deceased victim but not less than one hundred eighty-five dollars;

(ii) If there is one child of the deceased victim and in the legal custody of such spouse, sixty-two percent of the wages of the deceased victim but not less than two hundred twenty-two dollars;

(iii) If there are two children of the deceased victim and in the legal custody of such spouse, sixty-four percent of the wages of the deceased victim but not less than two hundred fifty-three dollars;

(iv) If there are three children of the deceased victim and in the legal custody of such spouse, sixty-six percent of the wages of the deceased victim but not less than two hundred seventy-six dollars;

(v) If there are four children of the deceased victim and in the legal custody of such spouse, sixty-eight percent of the wages of the deceased victim but not less than two hundred ninety-nine dollars; or

(vi) If there are five or more children of the deceased victim and in the legal custody of such spouse, seventy percent of the wages of the deceased victim but not less than three hundred twenty-two dollars.

(b) Where the surviving spouse does not have legal custody of any child or children of the deceased victim or where after the death of the victim legal custody of such child or children passes from such surviving spouse to another, any payment on account of such child or children not in the legal custody of the surviving spouse shall be made to the person or persons having legal custody of such child or children. The amount of such payments shall be five percent of the monthly benefits payable as a result of the victim's death for each such child but such payments shall not exceed twenty-five percent. Such payments on account of such child or children shall be subtracted from the amount to which such surviving spouse would have been entitled had such surviving spouse had legal custody of all of the children and the surviving spouse shall receive the remainder after such payments on account of such child or children have been subtracted. Such payments on account of a child or children not in the legal custody of such surviving spouse shall be apportioned equally among such children.

(c) Payments to the surviving spouse of the deceased victim shall cease at the end of the month in which remarriage occurs: PROVIDED, That a monthly payment shall be made to the child or children of the deceased victim from the month following such remarriage in a sum equal to five percent of the wages of the deceased victim for one child and a sum equal to five percent for each additional child up to a maximum of five such children. Payments to such child or children shall be apportioned equally among such children. Such sum shall be in place of any payments theretofore made for the benefit of or on account of any such child or children. If the surviving spouse does not have legal custody of any child or children of the deceased victim, or if after the death of the victim, legal custody of such child or children passes from such surviving spouse to another, any payment on account of such child or children not in the legal custody of the surviving spouse shall be made to the person or persons having legal custody of such child or children.

(d) In no event shall the monthly payments provided in this subsection exceed one hundred percent of the average monthly wage.

(e) In addition to the monthly payments provided for in (a) through (c) of this subsection, a surviving spouse or child or children of such victim if there is no surviving spouse, or dependent parent or parents, if there is no surviving spouse or child or children of any such deceased victim shall be forthwith paid the sum of one thousand six hundred dollars, any such children, or parents to share and share alike in said sum.

(f) Upon remarriage of a surviving spouse the monthly payments for the child or children shall continue as provided in this section, but the monthly payments to such surviving spouse shall cease at the end of the month during which remarriage occurs.

(3) If the criminal act results in the death of a victim who was not gainfully employed at the time of the criminal act, and who was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal act;

(c) If any such spouse does not have legal custody of any of the children, the burial expenses shall be paid and the spouse shall receive a lump sum payment of three thousand seven hundred fifty dollars and any such child or children not in the legal custody of the spouse shall receive a lump sum payment of three thousand seven hundred fifty dollars to be divided equally among the child or children.

No other benefits may be paid or payable under these circumstances.

(4) If the victim leaves no surviving spouse or child, but leaves a dependent or dependents, a monthly payment shall be made to each dependent equal to fifty percent of the average monthly support actually received by such dependent from the victim during the twelve months next preceding the occurrence of the criminal act, but the total payment to all dependents in any case shall not exceed sixty-five percent of the wages of the deceased victim at the time of the death or one hundred percent of the average monthly wage, whichever is the lesser of the two sums. If any dependent is under the age of eighteen years at the time of the occurrence of the criminal act, the payment to such dependent shall cease when such dependent reaches the age of eighteen years except such payments shall continue until the dependent reaches age twenty-three while permanently enrolled at a full-time course in an accredited school. The payment to any dependent shall cease if and when, under the same circumstances, the necessity creating the dependency would have ceased if the criminal act had not happened.

(5) If the victim dies during the period of permanent total disability, whatever the cause of death, leaving a surviving spouse, or child, or children, the surviving spouse or child or children shall receive benefits as if death resulted from the criminal act as provided in subsection (2) of this section. Upon remarriage or death of such surviving spouse, the payments to such child or children shall be made as provided in subsection (2) of this section when the surviving spouse of a deceased victim remarries.

(6) For claims filed on or after July 1, 1986, every victim who becomes eligible for permanent total disability benefits shall elect an option as provided in section 18 of this act.

NEW SECTION. Sec. 34. (1) One purpose of this chapter is to restore the victim as near as possible to the condition of self-support. Benefits for permanent disability shall be determined under the director's supervision only after the victim's condition becomes fixed.

(2) All determinations of permanent disabilities shall be made by the office. The victim may make a request or such inquiry may be initiated by the director on his or her own motion. Such determinations shall be required in every instance where permanent disability is likely to be present.

(3) A request for determination of permanent disability shall be examined by the office and an order shall issue in accordance with section 73 of this act.

(4) The office may require that the victim present himself or herself for a special medical examination by a physician, or physicians, selected by the office, and the office may require that the victim present himself or herself for a personal interview. In such event the costs of such examination or interview, including payment of any reasonable travel expenses, shall be paid by the office.

(5) The director may establish a medical bureau within the office to perform medical examinations under this section.

(6) Where dispute arises from the handling of any claims prior to the condition of the victim becoming fixed, the victim may request the office to resolve the dispute or the director may initiate an inquiry on his or her own motion. In such cases the office shall proceed as provided in this section and an order shall issue in accordance with section 73 of this act.

NEW SECTION. Sec. 35. (1) When the director determines that permanent total disability results from the criminal act, the victim shall receive monthly during the period of such disability:

(a) If married at the time of the criminal act, sixty-five percent of his or her wages but not less than two hundred fifteen dollars per month.

(b) If married with one child at the time of the criminal act, sixty-seven percent of his or her wages but not less than two hundred fifty-two dollars per month.

(c) If married with two children at the time of the criminal act, sixty-nine percent of his or her wages but not less than two hundred eighty-three dollars.

(d) If married with three children at the time of the criminal act, seventy-one percent of his or her wages but not less than three hundred six dollars per month.

(e) If married with four children at the time of the criminal act, seventy-three percent of his or her wages but not less than three hundred twenty-nine dollars per month.

(f) If married with five or more children at the time of the criminal act, seventy-five percent of his or her wages but not less than three hundred fifty-two dollars per month.

(g) If unmarried at the time of the the criminal act, sixty percent of his or her wages but not less than one hundred eighty-five dollars per month.

(h) If unmarried with one child at the time of the criminal act, sixty-two percent of his or her wages but not less than two hundred twenty-two dollars per month.

(i) If unmarried with two children at the time of the criminal act, sixty-four percent of his or her wages but not less than two hundred fifty-three dollars per month.

(j) If unmarried with three children at the time of the criminal act, sixty-six percent of his or her wages but not less than two hundred seventy-six dollars per month.

(k) If unmarried with four children at the time of the criminal act, sixty-eight percent of his or her wages but not less than two hundred ninety-nine dollars per month.

(l) If unmarried with five or more children at the time of the criminal act, seventy percent of his or her wages but not less than three hundred twenty-two dollars per month.

(2) If a victim becomes permanently and totally disabled as a proximate result of the criminal act and was not gainfully employed at the time of the criminal act, the victim shall receive monthly during the period of the disability the following percentages, where applicable, of the average monthly wage determined as of the date of the criminal act:

(a) If married at the time of the criminal act, twenty-nine percent of the average monthly wage.

(b) If married with one child at the time of the criminal act, thirty-four percent of the average monthly wage.

(d) If married with three children at the time of the criminal act, forty-one percent of the average monthly wage.

(e) If married with four children at the time of the criminal act, forty-four percent of the average monthly wage.

(f) If married with five or more children at the time of the criminal act, forty-seven percent of the average monthly wage.

(g) If unmarried at the time of the criminal act, twenty-five percent of the average monthly wage.

(h) If unmarried with one child at the time of the criminal act, thirty percent of the average monthly wage.

(i) If unmarried with two children at the time of the criminal act, thirty-four percent of the average monthly wage.

(j) If unmarried with three children at the time of the criminal act, thirty-seven percent of the average monthly wage.

(k) If unmarried with four children at the time of the criminal act, forty percent of the average monthly wage.

(l) If unmarried with five or more children at the time of the criminal act, forty-three percent of the average monthly wage.

(3) For any period of time where both husband and wife are entitled to compensation as temporarily or totally disabled victims, only that spouse having the higher wages of the two shall be entitled to claim their child or children for compensation purposes.

(4) In case of permanent total disability, if the character of the injury is such as to render the victim so physically helpless as to require the hiring of the services of an attendant, the office shall make monthly payments to such attendant for such services as long as such requirement continues, but such payments shall not obtain or be operative while the victim is receiving care under or pursuant to the medical aid provisions of this chapter.

(5) Should any further criminal act result in the permanent total disability of a victim, he or she shall receive the pension to which he or she would be entitled, notwithstanding the payment of a lump sum for his or her prior claim.

(6) In no event shall the monthly payments provided in this section exceed one hundred percent of the average monthly wage, except that this limitation shall not apply to the payments provided for in subsection (4) of this section.

(7) In the case of new or reopened claims, if the director determines that, at the time of filing or reopening, the victim is voluntarily retired and is no longer attached to the work force, benefits shall not be paid under this section.

NEW SECTION. Sec. 36. (1) After a victim elects one of the options in (a), (b), or (c) of this subsection, that option shall apply only if the victim dies during a period of permanent total disability from a cause unrelated to the criminal act, leaving a surviving spouse, child, children, or other dependent. If, after making an election under this subsection, a victim dies from a cause related to the criminal act during a period of permanent total disability, his or her beneficiaries shall receive benefits under section 32 (2) through (5) of this act.

(a) OPTION I. A victim selecting this option shall receive the benefits provided by section 35 of this act, with no benefits being paid to the victim's surviving spouse, children, or others.

(b) OPTION II. A victim selecting this option shall receive an actuarially reduced benefit which upon death shall be continued up to the maximum benefits allowed under this chapter throughout the life of and paid to the surviving spouse, child, or other dependent as the victim has nominated by written designation duly executed and filed with the office.

(c) OPTION III. A victim selecting this option shall receive an actuarially reduced benefit and, upon death, one-half of the reduced benefit shall be continued up to the maximum benefits allowed under this chapter throughout the life of and paid to the surviving spouse, child, or other dependent as the victim has nominated by written designation duly executed and filed with the office.

(2) The victim shall make the election in writing and the victim's spouse, if any, shall consent in writing as a prerequisite to the election of Option I.

(3) The office shall adopt such rules as may be necessary to implement this section.

NEW SECTION. Sec. 37. The compensation or death benefits payable pursuant to the provisions of this chapter for temporary total disability, permanent total disability, or death arising out of injuries or occupational diseases shall be adjusted beginning on July 1, 1989, and on each July 1st thereafter. The adjustment shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator of which shall be the average monthly wage for the fiscal year in which such person's right to compensation was established, and the numerator of which shall be the average monthly wage on July 1st of the year in which the adjustment is being made. The office shall adjust the resulting compensation rate to the nearest whole cent, not to exceed the average monthly wage.

NEW SECTION. Sec. 38. (1) For the permanent partial disabilities here specifically described, the victim shall receive compensation as follows:

LOSS BY AMPUTATION

@i2!tp1Of leg above the knee joint with short thigh stump (3" or less below the tuberosity of ischium)!w× !tr!sc ,14

!ae0!tr$54,000.00

@i2Of leg at or above knee joint with functional stump!w× !tr!sc ,14

!ae0!tr48,600.00

@i2Of leg below knee joint!w× !tr!sc ,14

!ae0!tr43,200.00

@i2Of leg at ankle (Syme)!w× !tr!sc ,14

!ae0!tr37,800.00

@i2Of foot at mid-metatarsals!w× !tr!sc ,14

!ae0!tr18,900.00

@i2Of great toe with resection of metatarsal bone!w× !tr!sc ,14

!ae0!tr11,340.00

@i2Of great toe at metatarsophalangeal joint!w× !tr!sc ,14

!ae0!tr6,804.00

@i2Of great toe at interphalangeal joint!w× !tr!sc ,14

!ae0!tr3,600.00

@i2Of lesser toe (2nd to 5th) with resection of metatarsal bone!w× !tr!sc ,14

!ae0!tr4,140.00

@i2Of lesser toe at metatarsophalangeal joint!w× !tr!sc ,14

!ae0!tr2,016.00

@i2Of lesser toe at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr1,494.00

@i2Of lesser toe at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr378.00

@i2Of arm at or above the deltoid insertion or by disarticulation at the shoulder!w× !tr!sc ,14

!ae0!tr54,000.00

@i2Of arm at any point from below the deltoid insertion to below the elbow joint at the insertion of the biceps tendon!w× !tr!sc ,14

!ae0!tr51,300.00

@i2Of arm at any point from below the elbow joint distal to the insertion of the biceps tendon to and including mid-metacarpal amputation of the hand!w× !tr!sc ,14

!ae0!tr48,600.00

@i2Of all fingers except the thumb at metacarpophalangeal joints!w× !tr!sc ,14

!ae0!tr29,160.00

@i2Of thumb at metacarpophalangeal joint or with resection of carpometacarpal bone!w× !tr!sc ,14

!ae0!tr19,440.00

@i2Of thumb at interphalangeal joint!w× !tr!sc ,14

!ae0!tr9,720.00

@i2Of index finger at metacarpophalangeal joint or with resection of metacarpal bone!w× !tr!sc ,14

!ae0!tr12,150.00

@i2Of index finger at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr9,720.00

@i2Of index finger at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr5,346.00

@i2Of middle finger at metacarpophalangeal joint or with resection of metacarpal bone!w× !tr!sc ,14

!ae0!tr9,720.00

@i2Of middle finger at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr7,776.00

@i2Of middle finger at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr4,374.00

@i2Of ring finger at metacarpophalangeal joint or with resection of metacarpal bone!w× !tr!sc ,14

!ae0!tr4,860.00

@i2Of ring finger at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr3,888.00

@i2Of ring finger at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr2,430.00

@i2Of little finger at metacarpophalangeal joint or with resection of metacarpal bone!w× !tr!sc ,14

!ae0!tr2,430.00

@i2Of little finger at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr1,944.00

@i2Of little finger at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr972.00

MISCELLANEOUS

@i2Loss of one eye by enucleation!w× !tr!sc ,14

!ae0!tr21,600.00

@i2Loss of central visual acuity in one eye!w× !tr!sc ,14

!ae0!tr18,000.00

@i2Complete loss of hearing in both ears!w× !tr!sc ,14

!ae0!tr43,200.00

@i2Complete loss of hearing in one ear!w× !tr!sc ,14

!ae0!tr7,200.00!te

(2) Compensation for amputation of a member or part thereof at a site other than those above specified, and for loss of central visual acuity and loss of hearing other than complete, shall be in proportion to that which such other amputation or partial loss of visual acuity or hearing most closely resembles and approximates. Compensation for any other permanent partial disability not involving amputation shall be in the proportion which the extent of such other disability, called unspecified disability, shall bear to that above specified, which most closely resembles and approximates in degree of disability such other disability, compensation for any other unspecified permanent partial disability shall be in an amount as measured and compared to total bodily impairment: PROVIDED, That in order to reduce litigation and establish more certainty and uniformity in the rating of unspecified permanent partial disabilities, the office shall enact rules having the force of law classifying such disabilities in the proportion which the office shall determine such disabilities reasonably bear to total bodily impairment. In enacting such rules, the office shall give consideration to, but need not necessarily adopt, any nationally recognized medical standards or guides for determining various bodily impairments. For purposes of calculating monetary benefits, the amount payable for total bodily impairment shall be deemed to be twenty thousand dollars: PROVIDED, That the total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed the sum of twenty thousand dollars: PROVIDED FURTHER, That in case permanent partial disability compensation is followed by permanent total disability compensation, any portion of the permanent partial disability compensation which exceeds the amount that would have been paid the victim if permanent total disability compensation had been paid in the first instance, shall be deducted from the pension reserve of such victim and his or her monthly compensation payments shall be reduced accordingly.

(3) Should a victim receive an injury to a member or part of his or her body already, from whatever cause, permanently partially disabled, resulting in the amputation thereof or in an aggravation or increase in such permanent partial disability but not resulting in the permanent total disability of such victim, his or her compensation for such partial disability shall be adjudged with regard to the previous disability of the injured member or part and the degree or extent of the aggravation or increase of disability thereof.

(4) When the compensation provided for in subsections (1) and (2) of this section exceeds three times the average monthly wage, payment shall be made in monthly payments in accordance with the schedule of temporary total disability payments set forth in section 39 of this act until such compensation is paid to the victim in full, except that the first monthly payment shall be in an amount equal to three times the average monthly wage, and interest shall be paid at the rate of eight percent on the unpaid balance of such compensation commencing with the second monthly payment: PROVIDED, That upon application of the victim or survivor the monthly payment may be converted, in whole or in part, into a lump sum payment, in which event the monthly payment shall cease in whole or in part. Such conversion may be made only upon written application of the victim or survivor to the office and shall rest in the discretion of the office depending upon the merits of each individual application: PROVIDED FURTHER, That upon death of a victim all unpaid installments accrued shall be paid according to the payment schedule established prior to the death of the victim to the widow or widower, or if there is no widow or widower surviving, to the dependent children of such claimant, and if there are no such dependent children, then to such other dependents as defined by this chapter.

NEW SECTION. Sec. 39. (1) When the total disability is only temporary, the schedule of payments contained in section 35 (1) and (2) of this act shall apply, so long as the total disability continues.

(2) Any compensation payable under this section for children not in the custody of the victim as of the date of injury shall be payable only to such person as actually is providing the support for such child or children pursuant to the order of a court of record providing for support of such child or children.

(3) As soon as recovery is so complete that the present earning power of the victim, at any kind of work, is restored to that existing at the time of the occurrence of the criminal act, the payments shall cease. If and so long as the present earning power is only partially restored, the payments shall continue in the proportion which the new earning power shall bear to the old. No compensation shall be payable unless the loss of earning power shall exceed five percent.

(4) Whenever an employer requests that a victim who is entitled to temporary total disability under this chapter be certified by a physician as able to perform available work other than his or her usual work, the employer shall furnish to the physician, with a copy to the victim, a statement describing the available work in terms that will enable the physician to relate the physical activities of the job to the victim's disability. The physician shall then determine whether the victim is physically able to perform the work described. If the victim is released by his or her physician for said work, and the work thereafter comes to an end before the victim's recovery is sufficient in the judgment of his or her physician to permit him or her to return to his or her usual job, or to perform other available work, the victim's temporary total disability payments shall be resumed. Should the available work described, once undertaken by the victim, impede his or her recovery to the extent that in the judgment of his or her physician he or she should not continue to work, the victim's temporary total disability payments shall be resumed when the victim ceases such work.

Once the victim returns to work under the terms of this subsection, he or she shall not be assigned by the employer to work other than the available work described without the victim's written consent, or without prior review and approval by the victim's physician.

In the event of any dispute as to the victim's ability to perform the available work offered by the employer, the office shall make the final determination.

(5) No victim shall receive compensation for or during the day on which the criminal act occurred or the three days following the same, unless his or her disability shall continue for a period of fourteen consecutive calendar days from date of the criminal act: PROVIDED, That attempts to return to work in the first fourteen days following the criminal act shall not serve to break the continuity of the period of disability if the disability continues fourteen days after the criminal act.

(6) Should a victim suffer a temporary total disability and should his or her employer at the time of the criminal act continue to pay him or her the wages which he or she was earning at the time of such criminal act, such victim shall not receive any payment provided in subsection (1) of this section during the period his or her employer shall so pay such wages.

(7) In no event shall the monthly payments provided in this section exceed one hundred percent of the average monthly wage.

(8) If the director determines that the victim is voluntarily retired and is no longer attached to the work force and was not employed for at least three consecutive months of the twelve months immediately preceding the criminal act, benefits shall not be paid under this section.

NEW SECTION. Sec. 40. (1) One of the primary purposes of this chapter is to enable the victim to become employable at gainful employment. To this end, the office shall utilize the services of individuals and organizations, public or private, whose experience, training, and interests in vocational rehabilitation and retraining qualify them to lend expert assistance to the director in such programs of vocational rehabilitation as may be reasonable to make the victim employable consistent with his or her physical and mental status. Where, after evaluation and recommendation by such individuals or organizations and prior to final evaluation of the victim's permanent disability and in the sole opinion of the director or director's designee, whether or not medical treatment has been concluded, vocational rehabilitation is both necessary and likely to enable the victim to become employable at gainful employment, the director or director's designee may, in his or her sole discretion, pay the cost as provided in subsection (3) of this section.

(2) When in the sole discretion of the director or the director's designee vocational rehabilitation is both necessary and likely to make the victim employable at gainful employment, then the following order of priorities shall be used:

(a) Return to the previous job with the same employer;

(b) Modification of the previous job with the same employer including transitional return to work;

(d) Modification of a new job with the same employer including transitional return to work;

(e) Modification of the previous job with a new employer;

(f) A new job with a new employer or self-employment based upon transferable skills;

(g) Modification of a new job with a new employer;

(h) A new job with a new employer or self-employment involving on-the-job training;

(i) Short-term retraining and job placement.

(3) Costs for vocational rehabilitation benefits allowed by the director or director's designee under subsection (1) of this section may include the cost of books, tuition, fees, supplies, equipment, transportation, child or dependent care, and other necessary expenses for any such victim in an amount not to exceed three thousand dollars in any fifty-two week period, and the cost of continuing the temporary total disability compensation under section 39 of this act while the victim is actively and successfully undergoing a formal program of vocational rehabilitation. Such expenses may include training fees for on-the-job training and the cost of furnishing tools and other equipment necessary for self-employment or reemployment: PROVIDED, That such compensation or payment of retraining with job placement expenses may not be authorized for a period of more than fifty-two weeks: PROVIDED FURTHER, That such period may, in the sole discretion of the director after his or her review, be extended for an additional fifty-two weeks or portion thereof by written order of the director.

In cases where the victim is required to reside away from his or her customary residence, the reasonable cost of board and lodging shall also be paid. Said costs shall be chargeable to the employer, in a manner as determined by the director by rule.

Total benefits under this section may not exceed five thousand dollars for any single injury.

(4) The office shall establish criteria to monitor the quality and effectiveness of rehabilitation services provided by the individuals and organizations used under subsection (1) of this section. The state fund shall make referrals for vocational rehabilitation services based on these performance criteria.

(5) The office shall engage in, where feasible and cost-effective, a cooperative program with the state employment security department to provide job placement services under this section.

(6) The benefits provided for in this section are available to any otherwise eligible victim regardless of the date of the criminal act. However, claims shall not be reopened solely for vocational rehabilitation purposes.

NEW SECTION. Sec. 41. On or before January 1st of each year, the office shall submit to the legislature a performance audit of the vocational rehabilitation activities under this chapter conducted by the office for the previous fiscal year. The performance audit shall include, but not be limited to, a statistical summary of all rehabilitation cases, an analysis of the cost-effectiveness of vocational rehabilitation services, and return-to-work data. The office may contract with a private firm to conduct the performance audit.

NEW SECTION. Sec. 42. If it is determined that a victim had, at the time of the criminal act, a preexisting disease and that such disease delays or prevents complete recovery from the injury suffered, it shall be ascertained, as nearly as possible, the period over which the injury would have caused disability were it not for the diseased condition and the extent of permanent partial disability which the injury would have caused were it not for the disease, and compensation shall be awarded only therefor.

NEW SECTION. Sec. 43. Any victim entitled to receive any benefits or claiming such under this chapter shall, if requested by the office, submit himself or herself for medical examination, at a time and from time to time, at a place reasonably convenient for the victim and as may be provided by the rules of the office. If the victim refuses to submit to medical examination, or obstructs the same, or, if any victim shall persist in unsanitary or injurious practices which tend to imperil or retard his or her recovery, or shall refuse to submit to such medical or surgical treatment as is reasonably essential to his or her recovery or refuse or obstruct evaluation or examination for the purpose of vocational rehabilitation or does not cooperate in reasonable efforts at such rehabilitation, the office with notice to the victim may suspend any further action on any claim of such victim so long as such refusal, obstruction, noncooperation, or practice continues and reduce, suspend, or deny any compensation for such period: PROVIDED, That the office shall not suspend any further action on any claim of a victim or reduce, suspend, or deny any compensation if a victim has good cause for refusing to submit to or to obstruct any examination, evaluation, treatment, or practice requested by the office or required under this section. If the victim necessarily incurs traveling expenses in attending for examination pursuant to the request of the office, such traveling expenses shall be repaid to him or her out of the accident fund upon proper voucher and audit.

If the medical examination required by this section causes the victim to be absent from his or her work without pay he or she shall be paid for such time lost in accordance with the schedule of payments provided in section 35 of this act.

NEW SECTION. Sec. 44. (1) The department shall develop standards for the conduct of special medical examinations to determine permanent disabilities, including, but not limited to:

(a) The qualifications of persons conducting the examinations;

(b) The criteria for conducting the examinations, including guidelines for the appropriate treatment of victims during the examination; and

(2) The office shall investigate the amount of examination fees received by persons conducting special medical examinations to determine permanent disabilities, including total compensation received for examinations of claimants, and establish compensation guidelines and compensation reporting criteria.

NEW SECTION. Sec. 45. The office shall examine the credentials of persons conducting special medical examinations and shall monitor the quality and objectivity of examinations and reports for the office. The office shall adopt rules to ensure that examinations are performed only by qualified persons meeting office standards.

NEW SECTION. Sec. 46. The office shall report periodically, no less than annually, to the committee on law and justice of the senate and the committee on judiciary of the house of representatives, or the appropriate successor committees, on the program established to fulfill the requirements of sections 44 and 45 of this act.

NEW SECTION. Sec. 47. Should a further criminal act occur to a victim who has been previously the recipient of a lump sum payment under this chapter, his or her future compensation shall be adjusted according to the other provisions of this chapter and with regard to the combined effect of his or her injuries and his or her past receipt of money under this chapter.

NEW SECTION. Sec. 48. In case of death or permanent total disability, the monthly payment provided may be converted, in whole or in part, into a lump sum payment, not in any case to exceed eight thousand five hundred dollars, equal or proportionate, as the case may be, to the value of the annuity then remaining, to be fixed and certified by the state insurance commissioner, in which event the monthly payments shall cease in whole or in part accordingly or proportionately. Such conversion may be made only upon written application (in case of minor children the application may be by either parent) to the office and shall rest in the discretion of the office. Within the rule aforesaid the amount and value of the lump sum payment may be agreed upon between the office and applicant. In the event any payment shall be due to an alien residing in a foreign country, the office may settle the same by making a lump sum payment in such amount as may be agreed to by such alien, not to exceed fifty percent of the value of the annuity then remaining.

Nothing herein shall preclude the office from making, and authority is hereby given it to make, on its own motion, lump sum payments equal or proportionate, as the case may be, to the value of the annuity then remaining, in full satisfaction of claims due to dependents.

NEW SECTION. Sec. 49. In pension cases when a victim or beneficiary closes his or her claim by full conversion to a lump sum or in any other manner as provided in sections 48 and 51 of this act, such action shall be conclusive and effective to bar any subsequent application or claim relative thereto by the victim or any beneficiary which would otherwise exist had such person not elected to close the claim: PROVIDED, The director may require the spouse of such victim to consent in writing as a prerequisite to conversion and/or the closing of such claim.

NEW SECTION. Sec. 50. Except as otherwise provided by treaty, whenever compensation is payable to a beneficiary who is an alien not residing in the United States, there shall be paid fifty percent of the compensation herein otherwise provided to such beneficiary. But if a nonresident alien beneficiary is a citizen of a government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefit of such law in as favorable a degree as herein extended to nonresident aliens, he or she shall receive no compensation. No payment shall be made to any beneficiary residing in any country with which the United States does not maintain diplomatic relations when such payment is due.

NEW SECTION. Sec. 51. If a beneficiary shall reside or move out of the state, the office may, with the written consent of the beneficiary, convert any monthly payments provided for such cases into a lump sum payment (not in any case to exceed the value of the annuity then remaining, to be fixed and certified by the state insurance commissioner, but in no case to exceed the sum provided in section 48 of this act.

NEW SECTION. Sec. 52. If aggravation, diminution, or termination of disability takes place, the director may, upon the application of the victim or beneficiary, made within seven years from the date the first closing order becomes final, or at any time upon his or her own motion, readjust the rate of compensation in accordance with the rules in this section provided for the same, or in a proper case terminate the payment: PROVIDED, That the director may, upon application of the victim made at any time, provide proper and necessary medical and surgical services as authorized under section 62 of this act. "Closing order" as used in this section means an order based on factors which include medical recommendation, advice, or examination. Applications for benefits where the claim has been closed without medical recommendation, advice, or examination are not subject to the seven year limitation of this section. The time limitation of this section shall be ten years in claims involving loss of vision or function of the eyes. If an order denying an application to reopen is not issued within ninety days of receipt of such application by the office, such application shall be deemed granted. However, for good cause shown, the office may extend the time for making the final determination on the application for an additional sixty days.

If a victim receiving a pension for total disability returns to gainful employment for wages, the director may suspend or terminate the rate of compensation established for the disability without producing medical evidence that shows that a diminution of the disability has occurred.

No act done or ordered to be done by the director, or the office prior to the signing and filing in the matter of a written order for such readjustment shall be grounds for such readjustment.

NEW SECTION. Sec. 53. Claims of victims shall be promptly acted upon by the office. Where temporary disability compensation is payable, such payments shall be made and shall continue at regular semimonthly intervals. The payment of this or any other benefits under this chapter, prior to the entry of an order by the office in accordance with section 73 of this act, shall be not considered a binding determination of the obligations of the office under this chapter. The acceptance of compensation by the victim or his or her beneficiaries prior to such order shall likewise not be considered a binding determination of their rights under this chapter.

NEW SECTION. Sec. 54. (1) For persons under the age of sixty-five receiving compensation for temporary or permanent total disability pursuant to the provisions of this chapter, such compensation shall be reduced by an amount equal to the benefits payable under the federal old-age, survivors and disability insurance act as now or hereafter amended not to exceed the amount of the reduction established pursuant to 42 U.S.C. 424a. However, such reduction shall not apply when the combined compensation provided pursuant to this chapter and the federal old-age, survivors and disability insurance act is less than the total benefits to which the federal reduction would apply, pursuant to 42 U.S.C. 424a. Where any person described in this section refuses to authorize the release of information concerning the amount of benefits payable under said federal act the office's estimate of said amount shall be deemed to be correct unless and until the actual amount is established and no adjustment shall be made for any period of time covered by any such refusal. It shall be the responsibility of any person receiving benefits under this chapter to notify the office when he or she becomes eligible to receive benefits under the federal old age, survivors, and disability insurance act.

(2) Any reduction under subsection (1) of this section shall be effective the month following the month in which the office is notified by the victim, beneficiary, or federal social security administration that the person is receiving disability benefits under the federal old-age, survivors and disability insurance act: PROVIDED, That in the event of an overpayment of benefits the office may not recover more than the overpayments for the six months immediately preceding the date the office notifies the victim that an overpayment has occurred: PROVIDED FURTHER, That upon determining that there has been an overpayment, the office shall immediately notify the person who received the overpayment that he or she shall be required to make repayment pursuant to this section.

(3) Recovery of any overpayment must be taken from future temporary or permanent total disability benefits or permanent partial disability benefits provided by this chapter. In the case of temporary or permanent total disability benefits, the recovery shall not exceed twenty-five percent of the monthly amount due from the office or one-sixth of the total overpayment, whichever is the lesser.

(4) No reduction may be made unless the victim receives notice of the reduction prior to the month in which the reduction is made.

(5) In no event shall the reduction reduce total benefits to less than the greater amount the victim may be entitled to under this chapter or the federal old-age, survivors and disability insurance act.

(6) The director, pursuant to rules adopted under chapter 34.05 RCW, may exercise his or her discretion to waive, in whole or in part, the amount of any overpayment where the recovery would be against equity and good conscience.

NEW SECTION. Sec. 55. (1) For persons receiving compensation for temporary or permanent total disability under this chapter, the compensation shall be reduced by the office to allow an offset for social security retirement benefits payable under the federal social security, old age survivors, and disability insurance act, 42 U.S.C.

(2) Reductions for social security retirement benefits under this section shall comply with the procedures in section 54 of this act, except those that relate to computation, and with any other procedures established by the office to administer this section.

NEW SECTION. Sec. 56. Notwithstanding any other provisions of law, any overpayments previously recovered under section 54 of this act before the effective date of this act shall be limited to six months' overpayments. Where greater recovery has already been made, the director, in his or her discretion, may make restitution in those cases where an extraordinary hardship has been created.

NEW SECTION. Sec. 57. Modification of the victim's previous job or modification of a new job is recognized as a desirable method of returning the victim to gainful employment. In order to assist employers in meeting the costs of job modification, and to encourage employers to modify jobs to accommodate retaining or hiring workers with disabilities resulting from criminal acts, the director or the director's designee, in his or her discretion, may pay job modification costs in an amount not to exceed five thousand dollars per victim per job modification.

The benefits provided for in this section are available to any otherwise eligible victim regardless of the date of the criminal act.

NEW SECTION. Sec. 58. Victims otherwise entitled to compensation under this chapter may also claim compensation for loss of or damage to the victim's personal clothing resulting from the criminal act or incurred in the course of emergency medical treatment for injuries.

Sec. 59. Section 9, chapter 176, Laws of 1975 1st ex. sess. as amended by section 6, chapter 302, Laws of 1977 ex. sess. and RCW 7.68.075 are each amended to read as follows:

((~~Notwithstanding the provisions of any of the sections, as now or hereafter amended, of Title 51 RCW which are made applicable to this chapter,~~)) The marital status of all victims shall be deemed to be fixed as of the date of the criminal act. All references to the child or children living or conceived of the victim in this chapter shall be deemed to refer to such child or children as of the date of the criminal act unless the context clearly indicates the contrary.

Payments for or on account of any such child or children shall cease when such child is no longer a "child" as defined in RCW ((~~51.08.030, as now or hereafter amended,~~)) 7.68.020 or on the death of any such child whichever occurs first.

Payments to the victim or surviving spouse for or on account of any such child or children shall be made only when the victim or surviving spouse has legal custody of any such child or children. Where the victim or surviving spouse does not have such legal custody any payments for or on account of any such child or children shall be made to the person having legal custody of such child or children and the amount of payments shall be subtracted from the payments which would have been due the victim or surviving spouse had legal custody not been transferred to another person.

Sec. 60. Section 8, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 6, chapter 5, Laws of 1989 1st ex. sess. and RCW 7.68.080 are each amended to read as follows:

((The provisions of chapter 51.36 RCW as now or hereafter amended govern the provision of medical aid under this chapter to victims injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, except that:

~~(1) The provisions contained in RCW 51.36.030, 51.36.040, and 51.36.080 as now or hereafter amended do not apply to this chapter;~~

(2) The specific provisions of RCW 51.36.020 as now or hereafter amended relating to supplying emergency transportation do not apply: PROVIDED, That when the injury to any victim is so serious as to require the victim's being taken from the place of injury to a place of treatment, reasonable transportation costs to the nearest place of proper treatment shall be reimbursed from the fund established pursuant to RCW 7.68.090.)) Hospital, clinic, and medical charges along with all related fees under this chapter shall conform to regulations promulgated by the director. The director shall set these service levels and fees at a level no lower than those established by the department of ((~~social and health services under Title 74~~)) labor and industries under Title 51 RCW. In establishing fees for medical and other health care services, the director shall consider the director's duty to purchase health care in a prudent, cost-effective manner. The director shall establish rules adopted in accordance with chapter 34.05 RCW. Nothing in this chapter may be construed to require the payment of interest on any billing, fee, or charge.

Sec. 61. Section 3, chapter 5, Laws of 1989 1st ex. sess. and RCW 7.68.085 are each amended to read as follows:

((~~The director of labor and industries shall institute a cap on medical benefits of one hundred fifty thousand dollars per victim.~~)) The director shall, in cooperation with the department of social and health services, establish by ((~~October 1, 1989~~)) July 1, 1991, a process to aid crime victims in identifying and applying for appropriate and comparable alternative benefit programs, if any, administered by the department of social and health services.

NEW SECTION. Sec. 62. Upon the occurrence of any injury to a victim entitled to compensation under this chapter, he or she shall receive proper and necessary medical and surgical services at the hands of a physician of his or her own choice, if conveniently located, and proper and necessary hospital care and services during the period of his or her disability from such injury, but the same shall be limited in point of duration as follows:

In the case of permanent partial disability, not to extend beyond the date when compensation shall be awarded him or her, except when the victim returned to work before permanent partial disability award is made, in such case not to extend beyond the time when monthly allowances to him or her shall cease; in case of temporary disability not to extend beyond the time when monthly allowances to him or her shall cease: PROVIDED, That after any victim has returned to his or her work his or her medical and surgical treatment may be continued if, and so long as, such continuation is deemed necessary by the director to be necessary to his or her more complete recovery; in case of a permanent total disability not to extend beyond the date on which a lump sum settlement is made with him or her or he or she is placed upon the permanent pension roll: PROVIDED, HOWEVER, That the director, solely in his or her discretion, may authorize continued medical and surgical treatment for conditions previously accepted by the office when such medical and surgical treatment is deemed necessary by the director to protect such victim's life or provide for the administration of medical and therapeutic measures including payment of prescription medications, but not including those controlled substances currently scheduled by the state board of pharmacy as Schedule I, II, III, or IV substances under chapter 69.50 RCW, which are necessary to alleviate continuing pain which results from the criminal act. In order to authorize such continued treatment the written order of the director issued in advance of the continuation shall be necessary.

NEW SECTION. Sec. 63. (1) When the injury to any victim is so serious as to require his or her being taken from the place of injury to a place of treatment, reasonable transportation costs to the nearest place of proper treatment shall be reimbursed from the account established under RCW 7.68.090.

(2) Every victim who, as a result of a criminal act, suffers the loss of one or more limbs or eyes shall be provided with proper artificial substitutes and every victim who suffers an injury to an eye producing an error of refraction shall be once provided proper and properly equipped lenses to correct such error of refraction and his or her disability rating shall be based upon the loss of sight before correction.

(3) Every victim who, as a result of a criminal act, suffers damage to or destruction of an artificial limb, eye, or tooth, shall have same repaired or replaced.

(4) Every victim whose hearing aid or eyeglasses or lenses are damaged, destroyed, or lost as a result of a criminal act shall have the same restored or replaced.

(5) All mechanical appliances necessary in the treatment of a victim, such as braces, belts, casts, and crutches, shall be provided and all mechanical appliances required as permanent equipment after treatment has been completed shall continue to be provided or replaced without regard to the date of the criminal act or date treatment was completed, notwithstanding any other provision of law.

(6) A victim, whose injury is of such short duration as to bring him or her within the time limit provisions of section 39(5) of this act, shall nevertheless receive during the omitted period medical, surgical, and hospital care and service and transportation under the provisions of this chapter.

(7) Whenever in the sole discretion of the director it is reasonable and necessary to provide residence modifications necessary to meet the needs and requirements of the victim who has sustained catastrophic injury, the office may be ordered to pay an amount not to exceed the state's average annual wage for one year toward the cost of such modifications or construction. Such payment shall only be made for the construction or modification of a residence in which the victim resides. Only one residence of any victim may be modified or constructed under this subsection, although the director may order more than one payment for any one home, up to the maximum amount permitted by this section.

(8) Whenever in the sole discretion of the director it is reasonable and necessary to modify a motor vehicle owned by a victim who has become an amputee or becomes paralyzed because of a criminal act, the director may order up to fifty percent of the state's average annual wage for one year to be paid by the office toward the costs thereof.

(9) The benefits provided by subsections (7) and (8) of this section are available to any otherwise eligible victim regardless of the date of the criminal act.

NEW SECTION. Sec. 64. Physicians examining or attending victims under this chapter shall comply with rules adopted by the director, and shall make such reports as may be requested by the office upon the condition or treatment of any such victim, or upon any other matters concerning such victims in their care. All medical information in the possession or control of any person and relevant to the particular injury in the opinion of the office pertaining to any victim whose injury is the basis of a claim under this chapter shall be made available at any stage of the proceedings to the claimant's representative, and the office upon request, and no person shall incur any legal liability by reason of releasing such information.

NEW SECTION. Sec. 65. Whenever the director deems it necessary in order to resolve any medical issue, a victim shall submit to examination by a physician or physicians selected by the director, with the rendition of a report to the person ordering the examination. The cost of said examination shall include payment to the victim of reasonable expenses connected therewith.

NEW SECTION. Sec. 66. The office may review billings for any medical and surgical services received by a victim. The office shall investigate the billings and determine whether the victim received services authorized under this chapter. Whenever such medical or surgical services are determined to be unauthorized, the office shall charge the costs of such services to the victim.

NEW SECTION. Sec. 67. The legislature finds and declares it to be in the public interest of the residents of the state of Washington that a proper regulatory and inspection program be instituted in connection with the provision of medical, dental, vocational, and other health services to victims under this chapter. In order to effectively accomplish such purpose and to assure that the victim receives such services as are paid for by the state of Washington, the acceptance by the victim of such services, and the request by a provider of services for reimbursement for providing such services, shall authorize the director or the director's authorized representative to inspect and audit all records in connection with the provision of such services.

NEW SECTION. Sec. 68. The director or the director's authorized representative shall have the authority to:

(1) Conduct audits and investigations of providers of medical, dental, vocational, and other health services furnished to victims under this chapter. In the conduct of such audits or investigations, the director or the director's authorized representatives may examine all records, or portions thereof, including patient records, for which services were rendered by a health services provider and reimbursed by the office, notwithstanding the provisions of any other statute which may make or purport to make such records privileged or confidential: PROVIDED, That no original patient records shall be removed from the premises of the health services provider, and that the disclosure of any records or information obtained under authority of this section by the office is prohibited and constitutes a violation of RCW 42.22.040, unless such disclosure is directly connected to the official duties of the office: AND PROVIDED FURTHER, That the disclosure of patient information as required under this section shall not subject any physician or other health services provider to any liability for breach of any confidential relationships between the provider and the patient: AND PROVIDED FURTHER, That the director or the director's authorized representative shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation, or proceedings;

(2) Approve or deny applications to participate as a provider of services furnished to victims under this chapter; and

(3) Terminate or suspend eligibility to participate as a provider of services furnished to victims under this chapter.

NEW SECTION. Sec. 69. When contracting for health care services and equipment, the office, upon request of a contractor, shall keep confidential financial and valuable trade information, which shall be exempt from public inspection and copying under chapter 42.17 RCW.

NEW SECTION. Sec. 70. Any physician who fails, neglects, or refuses to file a report with the director, as required by this chapter, within five days of the date of treatment, showing the condition of the victim at the time of treatment, a description of the treatment given, and an estimate of the probable duration of the injury, or who fails or refuses to render all necessary assistance to the victim, as required by this chapter, shall be subject to a civil penalty determined by the director but not to exceed two hundred fifty dollars.

Sec. 71. Section 9, chapter 122, Laws of 1973 1st ex. sess. and RCW 7.68.090 are each amended to read as follows:

The ((~~director shall establish such fund or funds, separate from existing funds, necessary to administer this chapter, and payment to these funds shall be~~)) crime victims compensation account is created in the custody of the state treasurer. All receipts from legislative appropriation, from reimbursement and subrogation as provided in this chapter, and from any contributions or grants specifically so directed shall be deposited into the account. Expenditures from the account may be used only for the purposes of this chapter and administrative expenses. Only the director or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

Sec. 72. Section 11, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 40, chapter 175, Laws of 1989 and RCW 7.68.110 are each amended to read as follows:

((The provisions contained in chapter 51.52 RCW relating to appeals shall govern appeals under this chapter: PROVIDED, That no provision contained in chapter 51.52 RCW concerning employers as parties to any settlement, appeal, or other action shall apply to this chapter: PROVIDED FURTHER, That)) Appeals taken from a decision of the board of industrial insurance appeals under this chapter shall be governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.05.510 through 34.05.598, and the ((~~department~~)) office shall have the same right of review from a decision of the board of industrial insurance appeals as does the claimant.

NEW SECTION. Sec. 73. Whenever the office has made any order, decision, or award, it shall promptly serve the victim, beneficiary, or other person affected thereby, with a copy thereof by mail, which shall be addressed to such person at his or her last known address as shown by the records of the office. The copy, in case the same is a final order, decision, or award, shall bear on the same side of the same page on which is found the amount of the award, a statement, set in black faced type of at least ten point body or size, that such final order, decision, or award shall become final within sixty days from the date the order is communicated to the parties unless a written request for reconsideration is filed with the office or an appeal is filed with the board of industrial insurance appeals: PROVIDED, That an office order or decision-making demand, whether with or without penalty, for repayment of sums paid to a provider of medical, dental, vocational, or other health services rendered to a victim, shall state that such order or decision shall become final within twenty days from the date the order or decision is communicated to the parties unless a written request for reconsideration is filed with the office or an appeal is filed with the board of industrial insurance appeals.

Whenever the office has taken any action or made any decision relating to any phase of the administration of this chapter the victim, beneficiary, or other person aggrieved thereby may request reconsideration of the office, or may appeal to the board. In an appeal before the board, the appellant shall have the burden of proceeding with the evidence to establish a prima facie case for the relief sought in such appeal: PROVIDED, That in an appeal from an order of the office that alleges fraud, the office shall initially introduce all evidence in its case in chief. Any such person aggrieved by the decision and order of the board may thereafter appeal to the superior court, as prescribed in this chapter.

NEW SECTION. Sec. 74. Any victim, beneficiary, or other person aggrieved by an order, decision, or award of the office must, before he or she appeals to the courts, file with the board and the director, by mail or personally, within sixty days from the day on which such copy of such order, decision, or award was communicated to such person, a notice of appeal to the board: PROVIDED, That a health services provider or other person aggrieved by an office order or decision making demand, whether with or without penalty, for repayment of sums paid to a provider of medical, dental, vocational, or other health services rendered to a victim must, before he or she appeals to the courts, file with the board and the director, by mail or personally, within twenty days from the day on which such copy of such order or decision was communicated to the health services provider upon whom the office order or decision was served, a notice of appeal to the board. Within ten days of the date on which an appeal has been granted by the board, the board shall notify the other interested parties thereto of the receipt thereof and shall forward a copy of said notice of appeal to such other interested parties. Within twenty days of the receipt of such notice of the board, the victim may file with the board a cross-appeal from the order of the office from which the original appeal was taken: PROVIDED, That nothing contained in this section shall be deemed to change, alter, or modify the practice or procedure of the office for the payment of awards pending appeal: AND PROVIDED, That failure to file notice of appeal with both the board and the office shall not be a ground for denying the appeal if the notice of appeal is filed with either the board or the office: AND PROVIDED, That, if within the time limited for filing a notice of appeal to the board from an order, decision, or award of the office, the office shall direct the submission of further evidence or the investigation of any further fact, the time for filing such notice of appeal shall not commence to run until such person shall have been advised in writing of the final decision of the office in the matter: PROVIDED FURTHER, That in the event the office shall direct the submission of further evidence or the investigation of any further fact, as above provided, the office shall render a final order, decision, or award within ninety days from the date such further submission of evidence or investigation of further fact is ordered which time period may be extended by the office for good cause stated in writing to all interested parties for an additional ninety days: PROVIDED FURTHER, That the office, either within the time limited for appeal, or within thirty days after receiving a notice of appeal, may modify, reverse or change any order, decision, or award, or may hold any such order, decision, or award in abeyance for a period of ninety days which time period may be extended by the office for good cause stated in writing to all interested parties for an additional ninety days pending further investigation in light of the allegations of the notice of appeal, and the board shall thereupon deny the appeal, without prejudice to the appellant's right to appeal from any subsequent determinative order issued by the office.

NEW SECTION. Sec. 75. The notice of appeal to the board shall set forth in full detail the grounds upon which the person appealing considers such order, decision, or award is unjust or unlawful, and shall include every issue to be considered by the board, and it must contain a detailed statement of facts upon which such victim, beneficiary, or other person relies in support thereof. The victim, beneficiary, or other person shall be deemed to have waived all objections or irregularities concerning the matter on which such appeal is taken other than those specifically set forth in such notice of appeal or appearing in the records of the office. The office shall promptly transmit its original record, or a legible copy thereof produced by mechanical, photographic, or electronic means, in such matter to the board.

NEW SECTION. Sec. 76. If the notice of appeal raises no issue or issues of fact and the board finds that the office properly and lawfully decided all matters raised by such appeal it may, without further hearing, deny the same and confirm the office's decision or award, or if the office's record sustains the contention of the person appealing to the board, it may, without further hearing, allow the relief asked in such appeal; otherwise, it shall grant the appeal.

NEW SECTION. Sec. 77. If the appeal is not denied within thirty days after the notice is filed with the board, the appeal shall be deemed to have been granted: PROVIDED, That the board may extend the time within which it may act upon such appeal, not exceeding thirty days.

NEW SECTION. Sec. 78. (1) The board, upon request of the victim, beneficiary, or upon its own motion, may direct all parties interested in an appeal, together with their attorneys, if any, to appear before it, a member of the board, or an authorized industrial appeals judge, for a conference for the purpose of determining the feasibility of settlement, the simplification of issues of law and fact, the necessity of amendments to the notice of appeal or other pleadings, the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, the limitation of the number of expert witnesses, and such other matters as may aid in the disposition of the appeal. Such conference may be held prior to the hearing, or it may be held during the hearing, at the discretion of the board member or industrial appeals judge conducting the same, in which case the hearing will be recessed for such conference. Following the conference, the board member or industrial appeals judge conducting the same, shall state on the record the results of such conference, and the parties present or their representatives shall state their concurrence on the record. Such agreement as stated on the record shall control the subsequent course of the proceedings, unless modified at a subsequent hearing to prevent manifest injustice. If agreement concerning final disposition of the appeal is reached by the parties present at the conference, or by the victim or beneficiary, the board may enter a final decision and order in accordance therewith, providing the board finds such agreement is in conformity with the law and the facts.

(2) In order to carry out subsection (1) of this section, the board shall develop expertise to mediate disputes informally. Where possible, industrial appeals judges with a demonstrated history of successfully resolving disputes or who have received training in dispute resolution techniques shall be appointed to perform mediation functions. No industrial appeals judge who mediates in a particular appeal may, without the consent of the parties, participate in writing the proposed decision and order in the appeal: PROVIDED, That this shall not prevent an industrial appeals judge from issuing a proposed decision and order responsive to a motion for summary disposition or similar motion. This section shall not operate to prevent the board from developing additional methods and procedures to encourage resolution of disputes by agreement or otherwise making efforts to reduce adjudication time.

NEW SECTION. Sec. 79. Hearings shall be held in the county of the residence of the victim or beneficiary, or in the county where the criminal act occurred, at a place designated by the board. Such hearing shall be de novo and summary, but no witness' testimony shall be received unless he or she shall first have been sworn to testify the truth, the whole truth, and nothing but the truth in the matter being heard, or unless his or her testimony shall have been taken by deposition according to the statutes and rules relating to superior courts of this state. The office shall be entitled to appear in all proceedings before the board and introduce testimony in support of its order. The board shall cause all oral testimony to be stenographically reported and thereafter transcribed, and when transcribed, the same, with all depositions, shall be filed in, and remain a part of, the record on the appeal. Such hearings on appeal to the board may be conducted by one or more of its members, or a duly authorized industrial appeals judge, and depositions may be taken by a person duly commissioned for the purpose by the board.

Members of the board, its duly authorized industrial appeals judges, and all persons duly commissioned by it for the purpose of taking depositions, shall have power to administer oaths; to preserve and enforce order during such hearings; to issue subpoenas for, and to compel the attendance and testimony of, witnesses, or the production of books, papers, documents, and other evidence, or the taking of depositions before any designated individual competent to administer oaths, and it shall be their duty so to do to examine witnesses; and to do all things conformable to law which may be necessary to enable them, or any of them, effectively to discharge the duties of his or her office.

If any person in proceedings before the board disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered so to do, any pertinent book, paper or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take oath as a witness, or after having the oath refuses to be examined according to law, the board or any member or duly authorized industrial appeals judge may certify the facts to the superior court having jurisdiction in the place in which said board or member or industrial appeals judge is sitting; the court shall thereupon, in a summary manner, hear the evidence as to the acts complained of, and, if the evidence so warrants, punish such person in the same manner and to the same extent as for a contempt committed before the court, or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the proceedings, or in the presence, of the court.

NEW SECTION. Sec. 80. At the time and place fixed for hearing each party shall present all his or her evidence with respect to the issues raised in the notice of appeal, and if any party fails so to do, the board may determine the issues upon such evidence as may be presented to it at said hearing, or if an appealing party who has the burden of going forward with the evidence fails to present any evidence, the board may dismiss the appeal: PROVIDED, That for good cause shown in the record to prevent hardship, the board may grant continuances upon application of any party, but such continuances, when granted, shall be to a time and place certain within the county where the initial hearing was held unless it shall appear that a continuance elsewhere is required in justice to interested parties: AND PROVIDED FURTHER, That the board may continue hearings on its own motion to secure in an impartial manner such evidence, in addition to that presented by the parties, as the board, in its opinion, deems necessary to decide the appeal fairly and equitably, but such additional evidence shall be received subject to any objection as to its admissibility, and, if admitted in evidence all parties shall be given full opportunity for cross-examination and to present rebuttal evidence.

NEW SECTION. Sec. 81. After all evidence has been presented at hearings conducted by an industrial appeals judge, who shall be an active member of the Washington state bar association, the industrial appeals judge shall enter a proposed or recommended decision and order which shall be in writing and shall contain findings and conclusions as to each contested issue of fact and law, as well as the order based thereon. The industrial appeals judge shall file the signed original of the proposed decision and order with the board, and copies thereof shall be mailed by the board to each party to the appeal and to each party's attorney or representative of record. Within twenty days, or such further time as the board may allow on written application of a party, filed within said twenty days from the date of communication of the proposed decision and order to the parties or their attorneys or representatives of record, any party may file with the board a written petition for review of the same. Filing of a petition for review is perfected by mailing or personally delivering the petition to the board's offices in Olympia. Such petition for review shall set forth in detail the grounds therefor and the party or parties filing the same shall be deemed to have waived all objections or irregularities not specifically set forth therein.

In the event no petition for review is filed as provided herein by any party, the proposed decision and order of the industrial appeals judge shall be adopted by the board and become the decision and order of the board, and no appeal may be taken therefrom to the courts. If an order adopting the proposed decision and order is not formally signed by the board on the day following the date the petition for review of the proposed decision and order is due, said proposed decision and order shall be deemed adopted by the board and become the decision and order of the board, and no appeal may be taken therefrom to the courts.

NEW SECTION. Sec. 82. After the filing of a petition or petitions for review as provided for in section 81 of this act, the proposed decision and order of the industrial appeals judge, petition or petitions for review and, in its discretion, the record or any part thereof, may be considered by the board and on agreement of at least two of the regular members thereof, the board may, within twenty days after the receipt of such petition or petitions, decline to review the proposed decision and order and thereupon deny the petition or petitions. In such event all parties shall forthwith be notified in writing of said denial: PROVIDED, That if a petition for review is not denied within said twenty days it shall be deemed to have been granted. If the petition for review is granted, the proposed decision and order, the petition or petitions for review and the record or any part thereof deemed necessary shall be considered by a panel of at least two of the members of the board, on which not more than one industry and one labor member serve. The chair may be a member of any panel. The decision and order of any such panel shall be the decision and order of the board. Every final decision and order rendered by the board shall be in writing and shall contain findings and conclusions as to each contested issue of fact and law, as well as the board's order based thereon. The board shall, in all cases, render a final decision and order within one hundred eighty days from the date a petition for review is filed. A copy of the decision and order, including the findings and conclusions, shall be mailed to each party to the appeal and to his or her attorney of record.

NEW SECTION. Sec. 83. Within thirty days after a decision of the board to deny the petition or petitions for review upon such appeal has been communicated to such victim, beneficiary, or other person, or within thirty days after the final decision and order of the board upon such appeal has been communicated to such victim, beneficiary, or other person, or within thirty days after the appeal is denied as herein provided, such victim, beneficiary, or other person aggrieved by the decision and order of the board may appeal to the superior court. If such victim, beneficiary, or other person fails to file with the superior court its appeal as provided in this section within said thirty days, the decision of the board to deny the petition or petitions for review or the final decision and order of the board shall become final.

NEW SECTION. Sec. 84. (1) It shall be unlawful for an attorney engaged in the representation of any victim or beneficiary to charge for services in the office any fee in excess of a reasonable fee, of not more than thirty percent of the increase in the award secured by the attorney's services. Such reasonable fee shall be fixed by the director for services performed by an attorney for such victim or beneficiary, prior to the notice of appeal to the board if written application therefor is made by the attorney, victim, or beneficiary.

(2) If, on appeal to the board, the order, decision, or award of the office is reversed or modified and additional relief is granted to a victim or beneficiary, or in cases where a party other than the victim or beneficiary is the appealing party and the victim's or beneficiary's right to relief is sustained by the board, the board shall fix a reasonable fee for the services of his or her attorney in proceedings before the board if written application therefor is made by the attorney, victim, or beneficiary. In fixing the amount of such attorney's fee, the board shall take into consideration the fee allowed, if any, by the director, for services before the office, and the board may review the fee fixed by said director. Any attorney's fee set by the office or the board may be reviewed by the superior court upon application of such attorney, victim, or beneficiary. The office shall be served a copy of the application and shall be entitled to appear and take part in the proceedings. Where the board, pursuant to this section, fixes the attorney's fee, it shall be unlawful for an attorney to charge or receive any fee for services before the board in excess of that fee fixed by the board. Any person who violates any provision of this section shall be guilty of a misdemeanor.

NEW SECTION. Sec. 85. Where the office, the board, or the court, pursuant to section 84 of this act fixes the attorney's fee, it shall be unlawful for an attorney to charge or receive any fee in excess of that fixed by the office, the board, or the court. Any person who violates any provision of this section shall be guilty of a misdemeanor.

Sec. 86. Section 12, chapter 122, Laws of 1973 1st ex. sess. and RCW 7.68.120 are each amended to read as follows:

Any person who has committed a criminal act which resulted in injury compensated under this chapter may be required to make reimbursement to the ((~~department~~)) office as hereinafter provided.

(1) Any payment of benefits to or on behalf of a victim under this chapter creates a debt due and owing to the ((~~department~~)) office by any person found to have committed such criminal act in either a civil or criminal court proceeding in which he or she is a party: PROVIDED, That where there has been a superior or district court order, or an order of the ((~~board of prison terms and paroles~~)) indeterminate sentence review board or the department of social and health services, as hereinafter provided, the debt shall be limited to the amount provided for in said order. A court order shall prevail over any other order.

(2) Upon being placed on work release pursuant to chapter 72.65 RCW, or upon release from custody of a state correctional facility on parole, any convicted person who owes a debt to the ((~~department~~)) office as a consequence of a criminal act may have the schedule or amount of payments therefor set as a condition of work release or parole by the department of social and health services or ((~~board of prison terms and paroles~~)) indeterminate sentence review board respectively, subject to modification based on change of circumstances. Such action shall be binding on the ((~~department~~)) office.

(3) Any requirement for payment due and owing the ((~~department~~)) office by a convicted person under this chapter may be waived, modified downward or otherwise adjusted by the ((~~department~~)) office in the interest of justice and the rehabilitation of the individual.

Sec. 87. Section 8, chapter 176, Laws of 1975 1st ex. sess. and RCW 7.68.125 are each amended to read as follows:

(1) Whenever any payment under this chapter is made because of clerical error, mistake of identity, innocent misrepresentation by or on behalf of the recipient thereof mistakenly acted upon, or any other circumstance of a similar nature, all not induced by fraud, the recipient thereof shall repay it and recoupment may be made from any future payments due to the recipient under this chapter: PROVIDED, That the ((~~department~~)) office must make claim for such repayment or recoupment within one year of the making of any such payment or it will be deemed that any claim therefor has been waived: PROVIDED FURTHER, That the ((~~department~~)) office may exercise its discretion to waive, in whole or in part, the amount of any such timely claim.

(2) Whenever any payment under this chapter has been made pursuant to an adjudication by the ((~~department~~)) office, board, or any court and timely appeal therefrom has been made and the final decision is that any such payment was made pursuant to an erroneous adjudication, the recipient thereof shall repay it and recoupment may be made from any future payments due to the recipient under this chapter: PROVIDED, That the ((~~department~~)) office may exercise its discretion to waive, in whole or in part, the amount thereof.

(3) Whenever any payment under this chapter has been induced by fraud the recipient thereof shall repay any such payment together with a penalty of fifty percent of the total of any such payments and the amount of such total sum may be recouped from any future payments due to the recipient under this chapter and the amount of the penalty shall be placed in the fund or funds established pursuant to RCW 7.68.090 as now or hereafter amended.

Sec. 88. Section 13, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 16, chapter 443, Laws of 1985 and RCW 7.68.130 are each amended to read as follows:

Benefits payable pursuant to this chapter shall be reduced by the amount of any other public or private insurance available. 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. Payment by the ((~~department~~)) office under this chapter shall be secondary to such other insurance benefits, notwithstanding the provision of any contract or coverage to the contrary: PROVIDED, That in the case of private life insurance proceeds, the first forty thousand dollars of such proceeds shall not be considered for purposes of any such reduction in benefits.

Sec. 89. Section 14, chapter 122, Laws of 1973 1st ex. sess. as amended by section 6, chapter 176, Laws of 1975 1st ex. sess. and RCW 7.68.140 are each amended to read as follows:

Information contained in the claim files and records of victims, under the provisions of this chapter, shall be deemed confidential and shall not be open to public inspection: PROVIDED, That, except as limited by state or federal statutes or regulations, such information may be provided to public employees in the performance of their official duties: PROVIDED FURTHER, That except as otherwise limited by state or federal statutes or regulations a representative of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant: PROVIDED FURTHER, That physicians treating or examining victims claiming benefits under this chapter or physicians giving medical advice to the ((~~department~~)) office regarding any claim may, at the discretion of the ((~~department~~)) office and as not otherwise limited by state or federal statutes or regulations, inspect the claim files and records of such victims, and other persons may, when rendering assistance to the ((~~department~~)) office at any stage of the proceedings on any matter pertaining to the administration of this chapter, inspect the claim files and records of such victims at the discretion of the ((~~department~~)) office and as not otherwise limited by state or federal statutes or regulations.

Sec. 90. Section 7, chapter 176, Laws of 1975 1st ex. sess. and RCW 7.68.145 are each amended to read as follows:

Notwithstanding any other provision of law, all law enforcement, criminal justice, or other governmental agencies, or hospital; any physician or other practitioner of the healing arts; or any other organization or person having possession or control of any investigative or other information pertaining to any alleged criminal act or victim concerning which a claim for benefits has been filed under this chapter, shall, upon request, make available to and allow the reproduction of any such information by the section of the ((~~department~~)) office administering this chapter or other public employees in their performance of their official duties under this chapter.

No person or organization, public or private, shall incur any legal liability by reason of releasing any such information to the director ((~~of labor and industries~~)) or the section of the ((~~department~~)) office which administers this chapter or other public employees in the performance of their official duties under this chapter.

Sec. 91. Section 13, chapter 219, Laws of 1979 ex. sess. and RCW 7.68.200 are each amended to read as follows:

After hearing, as provided in RCW 7.68.210, every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such accused or convicted person's thoughts, feelings, opinion or emotions regarding such crime, shall submit a copy of such contract to the ((~~department~~)) office and pay over to the ((~~department~~)) office any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his or her representatives. The ((~~department~~)) office shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by: (i) such convicted person; or (ii) such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his or her representatives.

Sec. 92. Section 12, chapter 219, Laws of 1979 ex. sess. and RCW 7.68.210 are each amended to read as follows:

The prosecutor or the ((~~department~~)) office may, at any time after the person's arraignment petition any superior court for an order, following notice and hearing, directing that any contract described in RCW 7.68.200 shall be paid in accordance with RCW 7.68.200 through 7.68.280.

Sec. 93. Section 14, chapter 219, Laws of 1979 ex. sess. and RCW 7.68.220 are each amended to read as follows:

The ((~~department~~)) office, at least once every six months for five years from the date it receives such moneys, shall cause to have published a legal notice in newspapers of general circulation in the county wherein the crime was committed and in counties contiguous to such county advising such victims that such escrow moneys are available to satisfy money judgments pursuant to this section. For crimes committed in a city located within a county having a population of one million or more, the notice provided for in this section shall be in newspapers having general circulation in such city. The ((~~department~~)) office may, in its discretion, provide for such additional notice as it deems necessary.

Sec. 94. Section 15, chapter 219, Laws of 1979 ex. sess. and RCW 7.68.230 are each amended to read as follows:

Upon dismissal of charges or acquittal of any accused person the ((~~department~~)) office shall immediately pay over to such accused person the moneys in the escrow account established on behalf of such accused person.

Sec. 95. Section 16, chapter 219, Laws of 1979 ex. sess. as amended by section 4, chapter 155, Laws of 1988 and RCW 7.68.240 are each amended to read as follows:

Upon a showing by any convicted person or the state that five years have elapsed from the establishment of such escrow account and further that no actions are pending against such convicted person pursuant to RCW 7.68.200 through 7.68.280, the ((~~department~~)) office shall immediately pay over fifty percent of any moneys in the escrow account to such person or his or her legal representatives and fifty percent of any moneys in the escrow account to the fund under RCW 7.68.035(4).

Sec. 96. Section 17, chapter 219, Laws of 1979 ex. sess. and RCW 7.68.250 are each amended to read as follows:

For purposes of ((~~this act~~)) RCW 7.68.200 through 7.68.280, a person found not guilty as a result of the defense of mental disease or defect shall be deemed to be a convicted person.

Sec. 97. Section 19, chapter 219, Laws of 1979 ex. sess. and RCW 7.68.270 are each amended to read as follows:

Notwithstanding ((~~the foregoing provisions of this act~~)) RCW 7.68.200 through 7.68.280 the ((~~department~~)) office shall make payments from an escrow account to any person accused or convicted of a crime upon the order of a court of competent jurisdiction after a showing by such person that such moneys shall be used for the exclusive purpose of retaining legal representation at any stage of the proceedings against such person, including the appeals process.

Sec. 98. Section 20, chapter 219, Laws of 1979 ex. sess. and RCW 7.68.280 are each amended to read as follows:

Any action taken by any person accused or convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of ((~~this act~~)) RCW 7.68.200 through 7.68.280 shall be null and void as against the public policy of this state.

Sec. 99. Section 2, chapter 281, Laws of 1987 and RCW 7.68.290 are each amended to read as follows:

If a defendant has paid restitution pursuant to court order under RCW 9.92.060, 9.95.210, or 9A.20.030 and the victim entitled to restitution cannot be found or has died, the clerk of the court shall deposit with the county treasurer the amount of restitution unable to be paid to the victim. The county treasurer shall monthly transmit the money to the state treasurer for deposit ((~~as provided in RCW 43.08.250~~)) in the crime victims compensation account. Moneys deposited under this section shall be used to compensate victims of crimes ((~~through the crime victims compensation fund~~)).

Sec. 100. Section 2, chapter 245, Laws of 1979 ex. sess. and RCW 70.123.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Shelter" means a place of temporary refuge, offered on a twenty-four hour, seven day per week basis to victims of domestic violence and their children.

(2) "Domestic violence" is a categorization of offenses, as defined in RCW 10.99.020, committed by one cohabitant against another.

(3) ((~~"Department" means the department of social and health services~~)) "Office" means the office of crime victim services.

(4) "Victim" means a cohabitant who has been subjected to domestic violence.

(5) "Cohabitant" means a person who is married or who is cohabiting with a person of the opposite sex like husband and wife at the present or at sometime in the past. Any person who has one or more children in common with another person, regardless of whether they have been married or lived together at any time, shall be treated as a cohabitant.

Sec. 101. Section 3, chapter 245, Laws of 1979 ex. sess. as amended by section 235, chapter 9, Laws of 1989 1st ex. sess. and RCW 70.123.030 are each amended to read as follows:

The ((~~department of social and health services~~)) office, in consultation with the state department of health, and individuals or groups having experience and knowledge of the problems of victims of domestic violence, shall:

(1) Establish minimum standards for shelters applying for grants from the ((~~department~~)) office under this chapter. Classifications may be made dependent upon size, geographic location, and population needs;

(2) Receive grant applications for the development and establishment of shelters for victims of domestic violence;

(3) Distribute funds, within forty-five days after approval, to those shelters meeting ((~~departmental~~)) office standards;

(4) Evaluate biennially each shelter receiving ((~~departmental~~)) office funds for compliance with the established minimum standards; and

(5) Review the minimum standards each biennium to ensure applicability to community and client needs.

Sec. 102. Section 4, chapter 245, Laws of 1979 ex. sess. and RCW 70.123.040 are each amended to read as follows:

Minimum standards established by the ((~~department~~)) office under RCW 70.123.030 shall ensure that shelters receiving grants under this chapter provide services meeting basic survival needs, where not provided by other means, such as, but not limited to, food, clothing, housing, safety, security, client advocacy, and counseling. These services shall be problem-oriented and designed to provide necessary assistance to the victims of domestic violence and their children.

Sec. 103. Section 5, chapter 245, Laws of 1979 ex. sess. and RCW 70.123.050 are each amended to read as follows:

The ((~~department~~)) office shall contract, where appropriate, with public or private nonprofit groups or organizations with experience and expertise in the field of domestic violence to:

(1) Develop and implement an educational program designed to promote public and professional awareness of the problems of domestic violence and of the availability of services for victims of domestic violence. Particular emphasis should be given to the education needs of law enforcement agencies, the legal system, the medical profession, and other relevant professions that are engaged in the prevention, identification, and treatment of domestic violence;

(2) Maintain a directory of temporary shelters and other direct service facilities for the victims of domestic violence which is current, complete, detailed, and available, as necessary, to provide useful referral services to persons seeking help on an emergency basis;

(3) Create a state-wide toll-free telephone number that would provide information and referral to victims of domestic violence;

(4) Provide opportunities to persons working in the area of domestic violence to exchange information; and

(5) Provide training opportunities for both volunteer workers and staff personnel.

Sec. 104. Section 8, chapter 245, Laws of 1979 ex. sess. and RCW 70.123.080 are each amended to read as follows:

The ((~~department~~)) office shall consult in all phases with persons and organizations having experience and expertise in the field of domestic violence.

Sec. 105. Section 9, chapter 245, Laws of 1979 ex. sess. and RCW 70.123.090 are each amended to read as follows:

The ((~~department~~)) office is authorized, under this chapter and the rules adopted to effectuate its purposes, to make available grants awarded on a contract basis to public or private nonprofit agencies, organizations, or individuals providing shelter services meeting minimum standards established by the ((~~department~~)) office. Consideration as to need, geographic location, population ratios, and the extent of existing services shall be made in the award of grants. The ((~~department~~)) office shall provide technical assistance to any nonprofit organization desiring to apply for the contracts if the organization does not possess the resources and expertise necessary to develop and transmit an application without assistance.

Sec. 106. Section 10, chapter 245, Laws of 1979 ex. sess. and RCW 70.123.100 are each amended to read as follows:

Fifty percent of the funding for shelters receiving grants under this chapter must be provided by one or more local, municipal, or county source, either public or private. Contributions in-kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding.

The ((~~department~~)) office shall seek, receive, and make use of any funds which may be available from federal or other sources in order to augment state funds appropriated for the purpose of this chapter, and shall make every effort to qualify for federal funding.

Sec. 107. Section 11, chapter 245, Laws of 1979 ex. sess. and RCW 70.123.110 are each amended to read as follows:

General assistance or aid to families with dependent children payments shall be made to otherwise eligible individuals who are residing in a secure shelter, a housing network or other shelter facility which provides shelter services to persons who are victims of domestic violence. Provisions shall be made by the department of social and health services and the office for the confidentiality of the shelter addresses where victims are residing.

Sec. 108. Section 3, chapter 219, Laws of 1979 ex. sess. as amended by section 19, chapter 145, Laws of 1988 and RCW 70.125.030 are each amended to read as follows:

As used in this chapter and unless the context indicates otherwise:

(1) ((~~"Department" means the department of social and health services~~)) "Office" means the office of crime victim services.

(2) "Law enforcement agencies" means police and sheriff's departments of this state.

(3) "Personal representative" means a friend, relative, attorney, or employee or volunteer from a rape crisis center.

(4) "Rape crisis center" means a community-based social service agency which provides services to victims of sexual assault.

(5) ((~~"Secretary" means the secretary of the department of social and health services~~)) "Director" means the director of the office of crime victim services.

(6) "Sexual assault" means one or more of the following:

(a) Rape or rape of a child;

(b) Assault with intent to commit rape;

(d) An attempt to commit any of the aforementioned offenses.

(7) "Victim" means any person who suffers physical and/or mental anguish as a proximate result of a sexual assault.

Sec. 109. Section 4, chapter 219, Laws of 1979 ex. sess. as amended by section 1, chapter 34, Laws of 1985 and RCW 70.125.040 are each amended to read as follows:

The ((~~department~~)) office shall ((~~establish a centralized office within the department to~~)) coordinate activities of programs relating to sexual assault and to facilitate coordination and dissemination of information to personnel in fields relating to sexual assault.

The ((~~department~~)) office shall develop, with the cooperation of the criminal justice training commission, the medical profession, and existing rape crisis centers, a biennial state-wide plan to aid organizations which provide services to victims of sexual assault.

Sec. 110. Section 5, chapter 219, Laws of 1979 ex. sess. and RCW 70.125.050 are each amended to read as follows:

The state-wide program established under RCW 70.125.040 shall include but not be limited to provision of the following services: PROVIDED, That the ((~~department~~)) office shall utilize existing rape crisis centers and contract, where appropriate, with these centers to provide the services identified in this section:

(1) Assistance to the criminal justice training commission in developing and offering training and education programs for criminal justice personnel on the scope and nature of the sexual assault problem;

(2) Assistance to health care personnel in training for the sensitive handling and correct legal procedures of sexual assault cases;

(3) Development of public education programs to increase public awareness concerning sexual assault in coordination with the activities of the attorney general's crime prevention efforts; and

(4) Technical assistance and advice to rape crisis centers, including the organization of existing community resources, volunteer training, identification of potential funding sources, evaluation, and education. Assistance shall be given for the development of additional programs in areas of the state where such services do not exist.

Sec. 111. Section 2, chapter 34, Laws of 1985 and RCW 70.125.055 are each amended to read as follows:

The ((~~department~~)) office may distribute financial assistance to rape crisis centers to supplement crisis, advocacy, and counseling services provided directly to victims.

NEW SECTION. Sec. 112. The legislature recognizes the need to increase the services available to sex offense victims. The legislature also recognizes that these services are most effectively planned and provided at the local level through the combined efforts of concerned community and citizens groups, treatment providers, and local government officials. The legislature further recognizes that adequate treatment for victims is not only a matter of justice for the victim, but also a method by which additional abuse can be prevented.

The legislature intends to enhance the community-based treatment services available to sex offense victims by:

(1) Providing funding support for local treatment programs which provide services to sex offense victims;

(2) Providing technical assistance and support to help communities plan for and provide treatment services; and

(3) Providing communities and local treatment providers with opportunities to share information about successful prevention and treatment programs.

NEW SECTION. Sec. 113. There is established in the office an additional grant program to enhance the funding for treating sex offense victims. Activities which can be funded through this grant program are limited to those which:

(1) Provide effective treatment to sex offense victims;

(2) Increase the access to and availability of treatment to sex offense victims particularly for underserved populations; and

(3) Create or build on efforts by existing community programs, coordinate their efforts, develop cooperative efforts or other initiatives to make the most effective use of resources to provide treatment services to these victims.

NEW SECTION. Sec. 114. Applications for funding under sections 112 through 117 of this act must:

(1) Present evidence demonstrating how the criteria in section 112 of this act will be met and demonstrating the effectiveness of the proposal.

(2) Contain evidence of active participation of the community and its commitment to providing an effective treatment service for these victims through the participation of local governments, tribal government, human service and health organizations and treatment entities and the opportunity for meaningful involvement from others, including citizen groups.

NEW SECTION. Sec. 115. This grant program shall be available to local governments of any size, nonprofit community groups, or nonprofit treatment providers.

NEW SECTION. Sec. 116. At a minimum, grant applications must include the following:

(1) The geographic area from which these victims are expected to come;

(2) A description of the extent and effect of the needs of these victims within the relevant geographic area;

(3) An explanation of how the funds will be used, their effect on existing services available within the community, the need which they will fulfill, and how they will be used to complement existing services;

(4) Explanations of what organizations were involved in the development of the proposal;

(5) How the funds will be used to achieve the criteria in section 112 of this act; and

(6) An evaluation methodology.

NEW SECTION. Sec. 117. (1) The office shall make awards, subject to funds appropriations by the legislature.

(2) Awards shall be made competitively based on the purpose of and criteria in sections 112 through 117 of this act.

(3) To aid the office in making its determination, the office shall form a peer review committee where members have experience in the treatment of predatory violent sex offense victims. The peer review committee shall advise the office on the extent to which each eligible applicant meets the purposes and criteria of sections 112 through 117 of this act. The office shall consider this advice in making awards.

(4) Activities funded under sections 112 through 117 of this act may be considered for funding in future years, but shall be considered under the same terms and criteria as new activities. Funding under sections 112 through 117 of this act shall not constitute an obligation by the state of Washington to provide ongoing funding.

NEW SECTION. Sec. 118. The office may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of this chapter and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.

NEW SECTION. Sec. 119. Any moneys appropriated for the purposes of this chapter shall be disbursed, upon the order of the attorney general, on warrants drawn by the state auditor.

NEW SECTION. Sec. 120. This chapter may be known and cited as the omnibus crime victim act.

NEW SECTION. Sec. 121. All powers, duties, and functions of the department of labor and industries pertaining to the crime victims compensation program are transferred to the office of crime victim services by July 1, 1991. In order to ensure an orderly transition and continuation of benefits to eligible victims of crime, the transfer of responsibilities from the department of labor and industries to the office of crime victim services shall begin on July 1, 1990, with all powers, duties, functions, and funding related to the crime victims' compensation program fully transferred by July 1, 1991. The department of labor and industries shall assist the office as necessary to ensure an orderly transition.

NEW SECTION. Sec. 122. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of labor and industries pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of crime victim services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of labor and industries in carrying out the powers, functions, and duties transferred shall be made available to the office of crime victim services. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of crime victim services.

Any appropriations made to the department of labor and industries for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of crime victim services.

Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 123. All rules and all pending business before the department of labor and industries pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of crime victim services. All existing contracts and obligations shall remain in full force and shall be performed by the office of crime victim services.

NEW SECTION. Sec. 124. The transfer of the powers, duties, and functions of the department of labor and industries shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 125. All powers, duties, and functions of the department of social and health services pertaining to shelters for victims of domestic violence under chapter 70.123 RCW and the victims of sexual assault act under chapter 70.125 RCW are transferred to the office of crime victim services by July 1, 1991. In order to ensure an orderly transition of responsibilities from the department of social and health services to the office of crime victim services, the transfer of responsibilities shall begin on July 1, 1990, with all powers, duties, functions, and funding related to chapters 70.123 and 70.125 RCW fully transferred to the office by July 1, 1991. The department of social and health services shall assist the office as necessary to ensure an orderly transition.

NEW SECTION. Sec. 126. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of crime victim services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, functions, and duties transferred shall be made available to the office of crime victim services. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of crime victim services.

Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of crime victim services.

NEW SECTION. Sec. 127. All rules and all pending business before the department of social and health services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of crime victim services. All existing contracts and obligations shall remain in full force and shall be performed by the office of crime victim services.

NEW SECTION. Sec. 128. The transfer of the powers, duties, and functions of the department of social and health services shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 129. If apportionments of budgeted funds are required because of the transfers directed by sections 121 through 129 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 130. Nothing contained in sections 121 through 129 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 131. The following sections are decodified: RCW 7.68.160 and 7.68.165.

NEW SECTION. Sec. 132. The following acts or parts of acts are each repealed:

(1) Section 10, chapter 122, Laws of 1973 1st ex. sess. and RCW 7.68.100;

(2) Section 15, chapter 122, Laws of 1973 1st ex. sess. and RCW 7.68.150; and

(3) Section 6, chapter 245, Laws of 1979 ex. sess., section 63, chapter 505, Laws of 1987 and RCW 70.123.060.

NEW SECTION. Sec. 133. Sections 1 through 4, 9 through 13, 16 through 21, 23 through 26, 28 through 58, 62 through 70, 73 through 85, and 112 through 120 of this act are each added to chapter 7.68 RCW.

NEW SECTION. Sec. 134. The code reviser shall recodify as many sections of chapter 7.68 RCW as is necessary to maintain a logical arrangement of subject matter within chapter 7.68 RCW and to allow the assignment of permanent numbers to new sections following general standards observed by the code reviser.