SB 464 - This act sets forth the procedures for distribution of the Tort Victims' Compensation Fund.

The Worker's Compensation Division of the Department of Labor and Industrial Relations may provide compensation up to the award amount, limited to medical expenses, when a plaintiff cannot collect on a judgment. Upon receiving the compensation, the rights of the plaintiff are subrogated to the state. The moneys may be paid to prevailing plaintiffs (or providers of medical services, funeral services or legal aid in appropriate cases) who are unable to enforce their judgment. The payment shall not exceed the award judgment. Required application information is provided. Awards are to be reduced by amounts already received. Compensation is limited if the victim is comparatively negligent; when a family member is the tortfeasor; if injured in prison (no compensation); when victim has 2 felonies with one involving drugs or violence (no compensation); or if victim is in prison on unrelated matter.

Claims may be filed for to 2 years after a final award judgment. Awards are limited to no more that the original judgment, with a limit on attorney fees. The claimant must file supporting documents, and payments are exempt from garnishment.

The plaintiffs' rights to collect on the original judgment are subrogated to the state, to the extent of compensation received from the Tort Victims Fund.
CHARLES HATCHER