EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 355
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BLACK.
1322S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 477.650, RSMo, and to enact in lieu thereof one new section relating to the
expiration date of funding of basic civil legal services for certain persons.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 477.650, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 477.650, 2
to read as follows:3
477.650. 1. There is hereby created in the state 1
treasury the "Basic Civil Legal Services Fund", to be 2
administered by, or under the direction of, the Missouri 3
supreme court. All moneys collected under section 488.031 4
shall be credited to the fund. In addition to the court 5
filing surcharges, funds from other public or private 6
sources also may be deposited into the fund and all earnings 7
of the fund shall be credited to the fund. The purpose of 8
this section is to increa se the funding available for basic 9
civil legal services to eligible low -income persons as such 10
persons are defined by the Federal Legal Services 11
Corporation's Income Eligibility Guidelines. 12
2. Funds in the basic civil legal services fund shall 13
be allocated annually and expended to provide legal 14
representation to eligible low -income persons in the state 15
in civil matters. Moneys, funds, or payments paid to the 16
credit of the basic civil legal services fund shall, at 17
least as often as annually, b e distributed to the legal 18 SB 355 2
services organizations in this state which qualify for 19
Federal Legal Services Corporation funding. The funds so 20
distributed shall be used by legal services organizations in 21
this state solely to provide legal services to elig ible low- 22
income persons as such persons are defined by the Federal 23
Legal Services Corporation's Income Eligibility Guidelines. 24
Fund money shall be subject to all restrictions imposed on 25
such legal services organizations by law. Funds shall be 26
allocated to the programs according to the funding formula 27
employed by the Federal Legal Services Corporation for the 28
distribution of funds to this state. Notwithstanding the 29
provisions of section 33.080, any balance remaining in the 30
basic civil legal servi ces fund at the end of any year shall 31
not be transferred to the state's general revenue fund. 32
Moneys in the basic civil legal services fund shall not be 33
used to pay any portion of a refund mandated by Article X, 34
Section [15] 18 of the Missouri Constit ution. State legal 35
services programs shall represent individuals to secure 36
lawful state benefits, but shall not sue the state, its 37
agencies, or its officials, with any state funds. 38
3. Contracts for services with state legal services 39
programs shall provide eligible low -income Missouri citizens 40
with equal access to the civil justice system, with a high 41
priority on families and children, domestic violence, the 42
elderly, and qualification for benefits under the Social 43
Security Act. State legal services programs shall abide by 44
all restrictions, requirements, and regulations of the Legal 45
Services Corporation regarding their cases. 46
4. The Missouri supreme court, or a person or 47
organization designated by the court, is the administrator 48
and shall administer the fund in such manner as determined 49
by the Missouri supreme court, including in accordance with 50 SB 355 3
any rules and policies adopted by the Missouri supreme court 51
for such purpose. Moneys from the fund shall be used to pay 52
for the collection of the fee and the implementation and 53
administration of the fund. 54
5. Each recipient of funds from the basic civil legal 55
services fund shall maintain appropriate records accounting 56
for the receipt and expenditure of all funds distributed and 57
received pursuant to this section. These records must be 58
maintained for a period of five years from the close of the 59
fiscal year in which such funds are distributed or received 60
or until audited, whichever is sooner. All funds 61
distributed or received pu rsuant to this section are subject 62
to audit by the Missouri supreme court or the state auditor. 63
6. The Missouri supreme court, or a person or 64
organization designated by the court, shall, by January 65
thirty-first of each year, report to the general assembly on 66
the moneys collected and disbursed pursuant to this section 67
and section 488.031 by judicial circuit. 68
[7. The provisions of this section shall expire on 69
December 31, 2025.] 70