COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:0185H.01I Bill No.:HB 124 Subject:Civil Procedure; Courts Type:Original Date:March 25, 2025Bill Summary:This proposal repeals the expiration date of funding of basic civil legal services for certain persons. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on General Revenue $0$0$0 ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Basic Civil Legal Services Fund*($424,221)($848,441)($848,441) Total Estimated Net Effect on Other State Funds ($424,221)($848,441)($848,441) *Oversight notes the Basic Civil Legal Services Fund provisions in §477.650 are currently set to expire December 31, 2025 (FY 2026). Oversight has reflected the average fee collection into the fund and the average expenditures out of the fund (a net negative). Oversight notes this is a continuation of current fund activity. Numbers within parentheses: () indicate costs or losses. L.R. No. 0185H.01I Bill No. HB 124 Page 2 of March 25, 2025 HWC:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Basic Civil Legal Services Fund*2 FTE2 FTE2 FTE Total Estimated Net Effect on FTE2 FTE2 FTE2 FTE *Oversight notes the Office of the State Courts Administrator notes the Basic Civil Legal Services Fund currently funds two (2) FTE. Oversight assumes the proposal (removing the expiration date) continues to fund the two OSCA employees. ☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Local Government$0$0$0 L.R. No. 0185H.01I Bill No. HB 124 Page 3 of March 25, 2025 HWC:LR:OD FISCAL ANALYSIS ASSUMPTION §477.650 – Basic Civil Legal Services Fund Officials from the Office of the State Courts Administrator (OSCA) assume this proposal would repeal the expiration date of the Basic Civil Legal Services Fund. The Basic Civil Legal Services Fund annual appropriations are approximately $5.1 million and 2 FTE. Oversight notes the Basic Civil Legal Services Fund (BCLS) is a statutorily created fund (SB 447 in 2003) and was created to fund the work of Missouri’s four Legal Aid programs, which provide access to the civil justice system to low-income Missourians (who live at or below 125% of the Federal Poverty Level) to protect their fundamental legal rights. The fund is set to expire December 31, 2025. One of the focuses of the Legal Aid programs is to ensure that adults and children have access to medical care through the MoHealthNet system. Legal Aid staff bring cases to obtain access to medical care for their clients. There are four regional Legal Aid offices: Kansas City, St. Louis, Columbia and Springfield. In FY22, over $125 million from punitive damages awarded in talc litigation in Missouri was transferred from the Tort Victims Compensation Fund into the BCLS. This represents the largest single payment into the BCLS, and this funding was paid to legal service organizations. L.R. No. 0185H.01I Bill No. HB 124 Page 4 of March 25, 2025 HWC:LR:OD Below is a chart of the number of cases closed during CY 2023 representing the BCLS Fund: The fund has a court filing fee on certain civil and criminal actions of $20 in the Missouri Supreme Court and Court of Appeals, $10 in the circuit courts and $8 in the associate circuit courts. The fund has received the following receipts during FY 2020 to FY 2024: Basic Civil Legal Services Fund (0757)FY 20$ 4,290,667FY 21$ 3,868,347FY 22$ 3,865,619FY 23$ 4,047,390FY 24$ 4,281,742Total$20,353,7655 year avg $ 4,070,753Source: State Treasurer Fund Activity Reports Below is a history of the expended funds for the last 5 years: L.R. No. 0185H.01I Bill No. HB 124 Page 5 of March 25, 2025 HWC:LR:OD Basic Civil Legal Services Fund (0757) Actual UnexpendedAppropriation Expenditures FundsFY 20 $5,099,958 $4,467,368 $ 632,590FY 21 $7,701,418 $7,559,124 $ 142,294FY 22 $5,102,383 $3,903,651 $1,198,732FY 23 $5,108,764 $3,997,430 $1,111,334FY 24 $5,117,803 $4,668,397 $ 449,406FY 25 $5,127,681 N/A N/ALast 5 yr avg. $5,626,065 $4,919,194 $ 706,871 Source: OSCA Budget Requests Books Oversight notes the balance of the BCLS (0757) at December 31, 2024 was $264,070. Oversight notes this proposal removes the expiration date of these provisions. If the proposal is extended, Oversight assumes revenue and expenditure activity will continue for the fund. Since the fund does not expire until December 31, 2025, Oversight assumes only half of the average receipts and expenditures would be shown for FY26. Therefore, Oversight will use the average amounts from the table above to reflect the fiscal impact. The appropriations for the BCLS Fund includes 2 FTEs according to OSCA. Oversight assumes should this proposal be extended, the 2 FTEs will also continue to be funded through the BCLS Fund. Officials from the Office of Attorney General (AGO) arising from this proposal can be absorbed with existing personnel and resources. However, the AGO may seek additional appropriations if there is a significant increase in litigation. Oversight does not have any information to the contrary. Therefore, Oversight assumes the AGO will be able to perform any additional duties required by this proposal with current staff and resources and will reflect no fiscal impact to the AGO for fiscal note purposes. Officials from the Office of the State Public Defender assume the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for this agency. L.R. No. 0185H.01I Bill No. HB 124 Page 6 of March 25, 2025 HWC:LR:OD In response to similar legislation from the prior year (HB 1838), officials from the Missouri Office of Prosecution Services assumed the proposal would have no fiscal impact on their organization. Oversight notes the balance of the BCLS (0757) at December 31, 2024 was $264,070. FISCAL IMPACT – State GovernmentFY 2026FY 2027 (6 Mo.) FY 2028BASIC CIVIL LEGAL SERVICES FUND (0757) Revenue – OSCA – continuation of receipts received from court fee (§477.650) p.4$2,035,376$4,070,753$4,070,753 Cost – OSCA – continuation of expenditures (§477.650) p.5($2,459,597)($4,919,194)($4,919,194) ESTIMATED NET EFFECT ON THE BASIC CIVIL LEGAL SERVICES FUND($424,221)($848,441)($848,441) Estimated Net FTE Change for the Basic Civil Legal Services Fund2 FTE2 FTE2 FTE FISCAL IMPACT – Local GovernmentFY 2026FY 2027 (6 Mo.) FY 2028$0$0$0 FISCAL IMPACT – Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 0185H.01I Bill No. HB 124 Page 7 of March 25, 2025 HWC:LR:OD FISCAL DESCRIPTION Currently, the "Basic Civil Legal Services Fund" is set to expire on December 31, 2025. This bill repeals that expiration date. It also corrects an incorrect reference to a provision in the Missouri Constitution. This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. SOURCES OF INFORMATION Office of the State Courts Administrator Attorney General’s Office Missouri Office of Prosecution Services Office of the State Public Defender Julie MorffJessica HarrisDirectorAssistant DirectorMarch 25, 2025March 25, 2025