HOUSE BILL REPORT

HB 1737

BYRepresentatives H. Sommers, Locke and Appelwick; by request of Department of Labor and Industries

Revising provisions for crime victims' compensation.

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (23)

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

House Staff:Dave Knutson (786-7136)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS MARCH 23, 1989

BACKGROUND:

The Crime Victim's Compensation Program is administered by the Department of Labor and Industries.  It provides benefits to crime victims pursuant to standards set under the Worker's Compensation statute.  The program currently pays victims and/or their relatives for medical bills, time loss, counselor fees, therapy, and death benefits.  In 1985 the Legislature authorized victims of intrafamily violence and child victims of sexual and physical abuse to receive benefits from the Crime Victim's Compensation Program.  There has been a rapid increase in the caseload since this change was authorized.  There is also a small number of extremely high cost cases which are consuming a significant portion of the Crime Victim's appropriation.  The funding for this program comes from the Public Safety and Education Account (PSEA).  The PSEA funds the operation of several agencies and programs and is derived from fines assessed against persons convicted of crimes.

SUMMARY:

SUBSTITUTE BILL:  House Bill 1737 decouples the Crime Victim's program from the Worker's Compensation program for the purpose of establishing benefits.  The Director of the Department of Labor and Industries is authorized to set benefit levels for crime victims which will allow the program to operate within its legislative appropriation.  A supplemental appropriation of $6,591,000 PSEA is provided to Labor and Industries for the remainder of the 1987- 89 Biennium.  The surcharge on fines paid to the courts are increased.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The tie between the worker's compensation program and the crime victim's compensation program is maintained.  The proposed surcharge on fines paid to the courts is removed.  The broad authority granted to the director of the Department of Labor and Industries to operate the crime victim's compensation within available funds is deleted.  A cap on medical expenses of $125,000 per victim is established. The director of Labor and Industries is authorized to set service levels and fees no lower than those established by the Department of Social and Health Services for comparable services and fees. The Office of Financial Management is required to study public safety and education account funded programs with special emphasis on the crime victim's compensation program.  Crime victims who are eligible for medical services provided through the Department of Social and Health Services must use those services before receiving assistance through the crime victim's compensation program.

Appropriation:    $6,591,000.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Lonnie Johns-Brown (with amendments); Mike Redman (with amendments); Joe Dear, Labor and Industries; John Ladenburg, Pierce County Prosecutor; T. K.  Bentler and Jim Goche, Washington Association of County Officials.

House Committee - Testified Against:      Ken Eikenberry, Attorney General.

House Committee - Testimony For:    The Department of Labor and Industries needs additional management authority to maintain the crime victim's program within appropriated levels.  A supplemental appropriation is necessary to continue the crime victim's compensation program through the end of the current biennium.  Crime victims, prosecuting attorneys and other interested parties should study the crime victim's program and its relationship to all other public safety and education account funded programs.

House Committee - Testimony Against:      Services to crime victims should not be limited or reduced.