CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5954

                    Chapter 55, Laws of 1999

                        56th Legislature

                      1999 Regular Session

STATE ASSISTANCE RECIPIENTS--PROCEEDS FROM TORT RECOVERY

                    EFFECTIVE DATE:  7/25/99

Passed by the Senate March 13, 1999   YEAS 45   NAYS 0                BRAD OWEN President of the Senate Passed by the House April 7, 1999   YEAS 90   NAYS 0

CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5954 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD Speaker of the       House of Representatives	TONY M. COOK                             Secretary
FRANK CHOPP Speaker of the       House of Representatives

Approved April 20, 1999 Place Style On Codes above, and Style Off Codes below.

FILED                      April 20, 1999 - 3:20 p.m.

GARY LOCKE Governor of the State of Washington

Secretary of State                  State of Washington

          _______________________________________________

                         SENATE BILL 5954

          _______________________________________________

             Passed Legislature - 1999 Regular Session

State of Washington      56th Legislature     1999 Regular Session

By Senators Kline, Eide and Thibaudeau; by request of Department of Social and Health Services

Read first time 02/17/1999.  Referred to Committee on Health & Long‑Term Care.

Claiming the proceeds recovered on behalf of recipients of state assistance.  

    AN ACT Relating to torts committed against recipients of state assistance; and amending RCW 43.20B.070.

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

    Sec. 1.  RCW 43.20B.070 and 1990 c 100 s 8 are each amended to read as follows:

(1) An attorney representing a person who, as a result of injuries or illness sustained through the negligence or wrong of another, has received, is receiving, or has applied to receive assistance under chapter 74.09 RCW, or residential care provided by the department at a hospital for the mentally ill or habilitative care center for the developmentally disabled, shall:

    (((1))) (a) Notify the department at the time of filing any claim against a third party, commencing an action at law, negotiating a settlement, or accepting a settlement offer from the tort feasor or the tort feasor's insurer, or both; and

    (((2))) (b) Give the department thirty days' notice before any judgment, award, or settlement may be satisfied in any action or any claim by the applicant or recipient to recover damages for such injuries or illness.

(2) The proceeds from any recovery made pursuant to any action or claim described in RCW 43.20B.060 that is necessary to fully satisfy the department's lien against recovery shall be placed in a trust account or in the registry of the court until the department's lien is satisfied.

    Passed the Senate March 13, 1999.

    Passed the House April 7, 1999.

Approved by the Governor April 20, 1999.

    Filed in Office of Secretary of State April 20, 1999.