1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 355 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR BLACK. |
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8 | 8 | | 1322S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal section 477.650, RSMo, and to enact in lieu thereof one new section relating to the |
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11 | 11 | | expiration date of funding of basic civil legal services for certain persons. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Section 477.650, RSMo, is repealed and one new 1 |
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15 | 15 | | section enacted in lieu thereof, to be known as section 477.650, 2 |
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16 | 16 | | to read as follows:3 |
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17 | 17 | | 477.650. 1. There is hereby created in the state 1 |
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18 | 18 | | treasury the "Basic Civil Legal Services Fund", to be 2 |
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19 | 19 | | administered by, or under the direction of, the Missouri 3 |
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20 | 20 | | supreme court. All moneys collected under section 488.031 4 |
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21 | 21 | | shall be credited to the fund. In addition to the court 5 |
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22 | 22 | | filing surcharges, funds from other public or private 6 |
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23 | 23 | | sources also may be deposited into the fund and all earnings 7 |
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24 | 24 | | of the fund shall be credited to the fund. The purpose of 8 |
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25 | 25 | | this section is to increa se the funding available for basic 9 |
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26 | 26 | | civil legal services to eligible low -income persons as such 10 |
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27 | 27 | | persons are defined by the Federal Legal Services 11 |
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28 | 28 | | Corporation's Income Eligibility Guidelines. 12 |
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29 | 29 | | 2. Funds in the basic civil legal services fund shall 13 |
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30 | 30 | | be allocated annually and expended to provide legal 14 |
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31 | 31 | | representation to eligible low -income persons in the state 15 |
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32 | 32 | | in civil matters. Moneys, funds, or payments paid to the 16 |
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33 | 33 | | credit of the basic civil legal services fund shall, at 17 |
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34 | 34 | | least as often as annually, b e distributed to the legal 18 SB 355 2 |
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35 | 35 | | services organizations in this state which qualify for 19 |
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36 | 36 | | Federal Legal Services Corporation funding. The funds so 20 |
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37 | 37 | | distributed shall be used by legal services organizations in 21 |
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38 | 38 | | this state solely to provide legal services to elig ible low- 22 |
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39 | 39 | | income persons as such persons are defined by the Federal 23 |
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40 | 40 | | Legal Services Corporation's Income Eligibility Guidelines. 24 |
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41 | 41 | | Fund money shall be subject to all restrictions imposed on 25 |
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42 | 42 | | such legal services organizations by law. Funds shall be 26 |
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43 | 43 | | allocated to the programs according to the funding formula 27 |
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44 | 44 | | employed by the Federal Legal Services Corporation for the 28 |
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45 | 45 | | distribution of funds to this state. Notwithstanding the 29 |
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46 | 46 | | provisions of section 33.080, any balance remaining in the 30 |
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47 | 47 | | basic civil legal servi ces fund at the end of any year shall 31 |
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48 | 48 | | not be transferred to the state's general revenue fund. 32 |
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49 | 49 | | Moneys in the basic civil legal services fund shall not be 33 |
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50 | 50 | | used to pay any portion of a refund mandated by Article X, 34 |
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51 | 51 | | Section [15] 18 of the Missouri Constit ution. State legal 35 |
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52 | 52 | | services programs shall represent individuals to secure 36 |
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53 | 53 | | lawful state benefits, but shall not sue the state, its 37 |
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54 | 54 | | agencies, or its officials, with any state funds. 38 |
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55 | 55 | | 3. Contracts for services with state legal services 39 |
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56 | 56 | | programs shall provide eligible low -income Missouri citizens 40 |
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57 | 57 | | with equal access to the civil justice system, with a high 41 |
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58 | 58 | | priority on families and children, domestic violence, the 42 |
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59 | 59 | | elderly, and qualification for benefits under the Social 43 |
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60 | 60 | | Security Act. State legal services programs shall abide by 44 |
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61 | 61 | | all restrictions, requirements, and regulations of the Legal 45 |
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62 | 62 | | Services Corporation regarding their cases. 46 |
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63 | 63 | | 4. The Missouri supreme court, or a person or 47 |
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64 | 64 | | organization designated by the court, is the administrator 48 |
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65 | 65 | | and shall administer the fund in such manner as determined 49 |
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66 | 66 | | by the Missouri supreme court, including in accordance with 50 SB 355 3 |
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67 | 67 | | any rules and policies adopted by the Missouri supreme court 51 |
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68 | 68 | | for such purpose. Moneys from the fund shall be used to pay 52 |
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69 | 69 | | for the collection of the fee and the implementation and 53 |
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70 | 70 | | administration of the fund. 54 |
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71 | 71 | | 5. Each recipient of funds from the basic civil legal 55 |
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72 | 72 | | services fund shall maintain appropriate records accounting 56 |
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73 | 73 | | for the receipt and expenditure of all funds distributed and 57 |
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74 | 74 | | received pursuant to this section. These records must be 58 |
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75 | 75 | | maintained for a period of five years from the close of the 59 |
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76 | 76 | | fiscal year in which such funds are distributed or received 60 |
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77 | 77 | | or until audited, whichever is sooner. All funds 61 |
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78 | 78 | | distributed or received pu rsuant to this section are subject 62 |
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79 | 79 | | to audit by the Missouri supreme court or the state auditor. 63 |
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80 | 80 | | 6. The Missouri supreme court, or a person or 64 |
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81 | 81 | | organization designated by the court, shall, by January 65 |
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82 | 82 | | thirty-first of each year, report to the general assembly on 66 |
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83 | 83 | | the moneys collected and disbursed pursuant to this section 67 |
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84 | 84 | | and section 488.031 by judicial circuit. 68 |
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85 | 85 | | [7. The provisions of this section shall expire on 69 |
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86 | 86 | | December 31, 2025.] 70 |
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87 | 87 | | |
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