DAR File No. 31023

Crime Victim Reparations, Administration

R270-1-10

Moving, Transportation Expenses

NOTICE OF PROPOSED RULE

DAR File No.: 31023
Filed: 02/27/2008, 12:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule establishes standards for moving expenses and the amendment includes rent as an eligible moving expense.

Summary of the rule or change:

The amendment authorizes payment of rent as part of moving expenses and increases the cap on moving expenses from $2,000 to $2,500. Payment of rent is currently governed by Section R270-1-24 and is limited to victims of domestic violence and child abuse who were dependent on the perpetrator for payment of rent. This amendment would allow the Office of Crime Victim Reparations to consider rent expenses for all victims who are eligible for moving expenses. It establishes a maximum of $1,200 toward rent expenses that is part of the cap on moving expenses. The current cap on rent expenses is $1,800. Thus, the amendment makes the rent benefit available to more victims, but slightly reduces the total amount payable toward rent. The amendment will also streamline the application process for rent.

State statutory or constitutional authorization for this rule:

Subsections 63-25a-406(1)(c) and 63-25a-411(4)

Anticipated cost or savings to:

the state budget:

Because the rent benefit will be available to additional victims, the Office of Crime Victim Reparations expects to pay more on rent than is currently paid. The Office estimates the increase to be approximately $150,000 per year. This will impact the Crime Victim Reparation Fund and will have no impact on the general fund.

local governments:

There will be no quantifiable budget impact on local governments. However, this amendment may result in a slight workload decrease for some local government employees. Victim advocates working in police departments and prosecutors' offices currently assist victims in completing a separate rent application. With this amendment, a separate rent application will no longer be required. Because advocates will no longer need to provide assistance with the rent application, they will be able to focus their time on other demands.

small businesses and persons other than businesses:

Because rent payments will be made on behalf of more victims, additional landlords are likely to benefit from this amendment. Those landlords will be required to provide minimal information (tax ID number) to facilitate payment.

Compliance costs for affected persons:

Compliance costs for all parties will decrease because the separate rent application will no longer be required. The victim will spend less time seeking the rent benefit. Local government victim advocates will spend less time assisting victims during the application process. The Office of Crime Victim Reparations will spend less time processing the applications.

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

Businesses involved in rental properties are likely the only businesses that will be impacted. Such businesses will receive additional payments from the Office of Crime Victim Reparations. The time such businesses will invest in order to receive these payments will be minimal. Ron 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:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Ronald B Gordon, Director

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-10. Moving, Transportation Expenses.

A. Pursuant to Subsection 63-25a-411(4)(a), [victims of violent crime who suffer a traumatic experience or threat of bodily harm are allowed]reparation officers may authorize crime-related moving expenses up to [$2000]$2500. This may include actual rent expenses for up to two months or $1200, whichever is less.[ Board approval is needed where extenuating circumstances exist.]

B. Transportation expenses up to $1000 are allowed for crime-related travel including, but not limited to, participation in court hearings and parole hearings as well as medical or mental health visits for primary and secondary victims. The Board may approve travel expenses in excess of $1000 where extenuating circumstances exist.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: [January 2], 2008

Notice of Continuation: July 3, 2006

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