Missouri HB 179: Modifies provisions relating to civil proceedings

Bill Text

FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 179
103RD GENERAL ASSEMBLY
0154H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
To repeal sections 477.650 and 536.085, RSMo, and to enact in lieu thereof two new sections
relating to fees and expenses in civil actions or agency proceedings.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 477.650 and 536.085, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 477.650 and 536.085, to read as follows:
477.650. 1. There is hereby created in the state treasury the "Basic Civil Legal
2 Services Fund", to be administered by, or under the direction of, the Missouri supreme court.
3 All moneys collected under section 488.031 shall be credited to the fund. In addition to the
4 court filing surcharges, funds from other public or private sources also may be deposited into
5 thefund and allearningsof thefund shall be credited tothe fund. Thepurposeof thissection
6 is to increase the funding available for basic civil legal services to eligible low-income
7 persons as such persons are defined by the Federal Legal Services Corporation's Income
8 Eligibility Guidelines.
9 2. Funds in the basic civil legal services fund shall be allocated annually and
10 expended to provide legal representation to eligible low-income persons in the state in civil
11 matters. Moneys, funds, or payments paid to the credit of the basic civil legal services fund
12 shall, at least as often as annually, be distributed to the legal services organizations in this
13 state which qualify for Federal Legal Services Corporation funding. The funds so distributed
14 shall be used by legal services organizations in this state solely to provide legal services to
15 eligible low-income persons as such persons are defined by the Federal Legal Services
16 Corporation's Income Eligibility Guidelines. Fund money shall be subject to all restrictions
17 imposed on such legal services organizations by law. Funds shall be allocated to the
18 programs according to the funding formula employed by the Federal Legal Services
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

19 Corporation for the distribution of funds to this state. Notwithstanding the provisions of
20 section 33.080, any balance remaining in the basic civil legal services fund at the end of any
21 year shall not be transferred to the state's general revenue fund. Moneys in the basic civil
22 legal services fund shall not be used to pay any portion of a refund mandated by Article X,
23 Section [15] 18 of the Missouri Constitution. State legal services programs shall represent
24 individuals to secure lawful state benefits, but shall not sue the state, its agencies, or its
25 officials, with any state funds.
26 3. Contractsforserviceswithstatelegalservicesprogramsshallprovideeligiblelow-
27 income Missouri citizens with equal access to the civil justice system, with a high priority on
28 families and children, domestic violence, the elderly, and qualification for benefits under the
29 Social Security Act. State legal services programs shall abide by all restrictions,
30 requirements, and regulations of the Legal Services Corporation regarding their cases.
31 4. TheMissourisupremecourt,orapersonororganizationdesignatedbythecourt,is
32 the administrator and shall administer the fund in such manner as determined by the Missouri
33 supreme court, including in accordance with any rules and policies adopted by the Missouri
34 supremecourtforsuch purpose. Moneys fromthefundshallbeusedtopayfor thecollection
35 of the fee and the implementation and administration of the fund.
36 5. Each recipient of funds from the basic civil legal services fund shall maintain
37 appropriate records accounting for the receipt and expenditure of all funds distributed and
38 received pursuant to this section. These records must be maintained for a period offiveyears
39 from the close of the fiscal year in which such funds are distributed or received or until
40 audited, whichever is sooner. All funds distributed or received pursuant to this section are
41 subject to audit by the Missouri supreme court or the state auditor.
42 6. The Missouri supreme court, or a person or organization designated by the court,
43 shall, by January thirty-first of each year, report to the general assembly on the moneys
44 collected and disbursed pursuant to this section and section 488.031 by judicial circuit.
45 [7. The provisions of this section shall expire on December 31, 2025.]
536.085. As used in section 536.087, the following terms mean:
2 (1) "Agencyproceeding",anadversaryproceedinginacontestedcasepursuanttothis
3 chapter in which the state is represented by counsel, but does not include proceedings for
4 determining the eligibility or entitlement