DAR File No. 30593

Crime Victim Reparations, Administration

R270-1-11

Collateral Source

NOTICE OF PROPOSED RULE

DAR File No.: 30593
Filed: 10/16/2007, 09:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Crime Victim Reparations (CVR) Board has proposed a new policy regarding collateral sources.

Summary of the rule or change:

The amendment removes current language identifying sick leave and annual leave as collateral sources meaning these sources of leave will not need to be used prior to a claim of lost wages.

State statutory or constitutional authorization for this rule:

Subsection 63-25a-406(c)

Anticipated cost or savings to:

the state budget:

CVR may make more awards of lost wages because sick leave and annual leave will not need to be exhausted prior to claiming lost wages from CVR. If additional awards are made, this will be an added cost to the CVR Fund. Because some employers require employees to use leave if it is available, it is not clear whether this change will have an impact on the Fund or not. It is not possible at this point to estimate the added costs to the Fund.

local governments:

It is possible that some local government employees may be able to claim lost wages from CVR rather than using sick leave or annual leave. This would result in a savings to the government employer. No other costs or savings are anticipated. The rule places no burdens on local government and impacts only individual claimants. It is not known how many claimants will exercise this option, so it is not possible to estimate the potential savings to local government.

small businesses and persons other than businesses:

It is possible that some small business employees may be able to claim lost wages from CVR rather than using sick leave or annual leave. This would result in a savings to the small business. No other costs or savings are anticipated. The rule places no burdens on businesses and impacts only individual claimants. It is not known how many claimants will exercise this option, so it is not possible to estimate the potential savings to local government.

Compliance costs for affected persons:

This amendment will not involve any compliance costs. No person will need to do anything differently in order to comply. Rather, claimants will have additional options for seeking loss of wages.

Comments by the department head on the fiscal impact the rule may have on businesses:

It is possible that this amendment could actually benefit businesses. In some instances, CVR may be paying for wages rather than businesses paying out annual and/or sick leave due to time off work as a result of a crime. Ronald Gordon, Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Crime Victim Reparations
Administration
350 E 500 S
SALT LAKE CITY UT 84111-3347

Direct questions regarding this rule to:

Ronald B Gordon at the above address, by phone at 801-238-2367, by FAX at 801-533-4127, or by Internet E-mail at rbgordon@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/17/2007

This rule may become effective on:

12/24/2007

Authorized by:

Ronald B Gordon, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-11. Collateral Source.

A. [Pursuant to Section 63-25a-413, sick leave and annual leave shall be considered as a collateral source. If there are extenuating circumstances, the director may make an exception to this requirement.

B. ]Crime Victim Reparations Trust Fund monies shall be used before State Social Services contract monies when considering out-of-pocket expenses in child sexual abuse cases, if the individuals qualify as victims. If the victim qualifies for Medicaid, the contract monies should be used first.

[C]B. Crime Victim Reparations Trust Fund monies shall be used before the Utah Medical Assistance Program funds when considering allowable benefits for victims of violent crime.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: [May 22], 2007

Notice of Continuation: July 3, 2006

Authorizing, and Implemented or Interpreted Law: 63-25a-401 et seq.