Missouri 2025 Regular Session

Missouri Senate Bill SB355 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 355
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR BLACK.
88 1322S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal section 477.650, RSMo, and to enact in lieu thereof one new section relating to the
1111 expiration date of funding of basic civil legal services for certain persons.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Section 477.650, RSMo, is repealed and one new 1
1515 section enacted in lieu thereof, to be known as section 477.650, 2
1616 to read as follows:3
1717 477.650. 1. There is hereby created in the state 1
1818 treasury the "Basic Civil Legal Services Fund", to be 2
1919 administered by, or under the direction of, the Missouri 3
2020 supreme court. All moneys collected under section 488.031 4
2121 shall be credited to the fund. In addition to the court 5
2222 filing surcharges, funds from other public or private 6
2323 sources also may be deposited into the fund and all earnings 7
2424 of the fund shall be credited to the fund. The purpose of 8
2525 this section is to increa se the funding available for basic 9
2626 civil legal services to eligible low -income persons as such 10
2727 persons are defined by the Federal Legal Services 11
2828 Corporation's Income Eligibility Guidelines. 12
2929 2. Funds in the basic civil legal services fund shall 13
3030 be allocated annually and expended to provide legal 14
3131 representation to eligible low -income persons in the state 15
3232 in civil matters. Moneys, funds, or payments paid to the 16
3333 credit of the basic civil legal services fund shall, at 17
3434 least as often as annually, b e distributed to the legal 18 SB 355 2
3535 services organizations in this state which qualify for 19
3636 Federal Legal Services Corporation funding. The funds so 20
3737 distributed shall be used by legal services organizations in 21
3838 this state solely to provide legal services to elig ible low- 22
3939 income persons as such persons are defined by the Federal 23
4040 Legal Services Corporation's Income Eligibility Guidelines. 24
4141 Fund money shall be subject to all restrictions imposed on 25
4242 such legal services organizations by law. Funds shall be 26
4343 allocated to the programs according to the funding formula 27
4444 employed by the Federal Legal Services Corporation for the 28
4545 distribution of funds to this state. Notwithstanding the 29
4646 provisions of section 33.080, any balance remaining in the 30
4747 basic civil legal servi ces fund at the end of any year shall 31
4848 not be transferred to the state's general revenue fund. 32
4949 Moneys in the basic civil legal services fund shall not be 33
5050 used to pay any portion of a refund mandated by Article X, 34
5151 Section [15] 18 of the Missouri Constit ution. State legal 35
5252 services programs shall represent individuals to secure 36
5353 lawful state benefits, but shall not sue the state, its 37
5454 agencies, or its officials, with any state funds. 38
5555 3. Contracts for services with state legal services 39
5656 programs shall provide eligible low -income Missouri citizens 40
5757 with equal access to the civil justice system, with a high 41
5858 priority on families and children, domestic violence, the 42
5959 elderly, and qualification for benefits under the Social 43
6060 Security Act. State legal services programs shall abide by 44
6161 all restrictions, requirements, and regulations of the Legal 45
6262 Services Corporation regarding their cases. 46
6363 4. The Missouri supreme court, or a person or 47
6464 organization designated by the court, is the administrator 48
6565 and shall administer the fund in such manner as determined 49
6666 by the Missouri supreme court, including in accordance with 50 SB 355 3
6767 any rules and policies adopted by the Missouri supreme court 51
6868 for such purpose. Moneys from the fund shall be used to pay 52
6969 for the collection of the fee and the implementation and 53
7070 administration of the fund. 54
7171 5. Each recipient of funds from the basic civil legal 55
7272 services fund shall maintain appropriate records accounting 56
7373 for the receipt and expenditure of all funds distributed and 57
7474 received pursuant to this section. These records must be 58
7575 maintained for a period of five years from the close of the 59
7676 fiscal year in which such funds are distributed or received 60
7777 or until audited, whichever is sooner. All funds 61
7878 distributed or received pu rsuant to this section are subject 62
7979 to audit by the Missouri supreme court or the state auditor. 63
8080 6. The Missouri supreme court, or a person or 64
8181 organization designated by the court, shall, by January 65
8282 thirty-first of each year, report to the general assembly on 66
8383 the moneys collected and disbursed pursuant to this section 67
8484 and section 488.031 by judicial circuit. 68
8585 [7. The provisions of this section shall expire on 69
8686 December 31, 2025.] 70
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