WSR 10-08-108

EMERGENCY RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed April 7, 2010, 9:58 a.m. , effective April 7, 2010, 9:58 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amending WAC 296-30-900 to meet the conditions of E2SSB 6504, chapter 122, Laws of 2010. WAC 296-30-900 establishes that the statute in effect when the criminal act occurred is the controlling law. E2SSB 6504 sets maximum benefit levels and makes new benefit reductions retroactive to all claims with dates of criminal acts on or after July 1, 1981. In order to be in compliance with the requirements of the law, WAC 296-30-900 must be amended to refer to E2SSB 6504.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-30-900.

     Statutory Authority for Adoption: RCW 7.68.030.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: The difficult state economy has caused the crime victims compensation program's caseloads and costs to increase significantly. Without modifications to the benefits, the program would have run out of money by May 2010 and would no longer be available to crime victims. The passing of E2SSB 6504 with reductions in benefits retroactive to claims back to July 1, 1981, provided the funding source needed to keep services available to victims. The bill has a sunset clause of July 1, 2015.

     Amending WAC 296-30-900 changes the date of eligibility in accordance with E2SSB 6504. The amendment will allow for the sunset date of July 1, 2015, to eliminate the need for further rule making.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: April 7, 2010.

Judy Schurke

Director

OTS-3140.2


AMENDATORY SECTION(Amending WSR 99-07-004, filed 3/4/99, effective 4/4/99)

WAC 296-30-900   What law controls a claim if a statute is amended after the date of the criminal act?   The statute in effect when the criminal act occurred is the controlling law. The act occurs when the perpetrator commits the criminal conduct, except as provided in chapter 122, Laws of 2010 (E2SSB 6504).

     For those crime victims who apply for benefits after April 1, 2010, the law in effect at the time the application is received by the department is the controlling law.

[Statutory Authority: RCW 7.68.030. 99-07-004, § 296-30-900, filed 3/4/99, effective 4/4/99. Statutory Authority: RCW 51.36.010, 7.68.030, 51.04.020 (1) and (4), 51.04.030, 7.68.080 and 7.68.120. 97-02-090, § 296-30-900, filed 12/31/96, effective 1/31/97. Statutory Authority: Chapter 7.68 RCW. 85-03-060 (Order 85-3), § 296-30-900, filed 1/15/85.]

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