Basic civil legal services fund created, moneys to be used to increasefunding for legal services to eligible low-incomepersons--allocation of moneys--record-keepingrequirements--report to general assembly.
477.650. 1. There is hereby created in the state treasury the "BasicCivil Legal Services Fund", to be administered by, or under the directionof, the Missouri supreme court. All moneys collected under section488.031, RSMo, shall be credited to the fund. In addition to the courtfiling surcharges, funds from other public or private sources also may bedeposited into the fund and all earnings of the fund shall be credited tothe fund. The purpose of this section is to increase the funding availablefor basic civil legal services to eligible low-income persons as suchpersons are defined by the Federal Legal Services Corporation's IncomeEligibility Guidelines.
2. Funds in the basic civil legal services fund shall be allocatedannually and expended to provide legal representation to eligiblelow-income persons in the state in civil matters. Moneys, funds, orpayments paid to the credit of the basic civil legal services fund shall,at least as often as annually, be distributed to the legal servicesorganizations in this state which qualify for Federal Legal ServicesCorporation funding. The funds so distributed shall be used by legalservices organizations in this state solely to provide legal services toeligible low-income persons as such persons are defined by the FederalLegal Services Corporation's Income Eligibility Guidelines. Fund moneyshall be subject to all restrictions imposed on such legal servicesorganizations by law. Funds shall be allocated to the programs accordingto the funding formula employed by the Federal Legal Services Corporationfor the distribution of funds to this state. Notwithstanding theprovisions of section 33.080, RSMo, any balance remaining in the basiccivil legal services fund at the end of any year shall not be transferredto the state's general revenue fund. Moneys in the basic civil legalservices fund shall not be used to pay any portion of a refund mandated byarticle X, section 15 of the Missouri Constitution. State legal servicesprograms shall represent individuals to secure lawful state benefits, butshall not sue the state, its agencies, or its officials, with any statefunds.
3. Contracts for services with state legal services programs shallprovide eligible low-income Missouri citizens with equal access to thecivil justice system, with a high priority on families and children,domestic violence, the elderly, and qualification for benefits under theSocial Security Act. State legal services programs shall abide by allrestrictions, requirements, and regulations of the Legal ServicesCorporation regarding their cases.
4. The Missouri supreme court, or a person or organization designatedby the court, is the administrator and shall administer the fund in suchmanner as determined by the Missouri supreme court, including in accordancewith any rules and policies adopted by the Missouri supreme court for suchpurpose. Moneys from the fund shall be used to pay for the collection ofthe fee and the implementation and administration of the fund.
5. Each recipient of funds from the basic civil legal services fundshall maintain appropriate records accounting for the receipt andexpenditure of all funds distributed and received pursuant to this section.These records must be maintained for a period of five years from the closeof the fiscal year in which such funds are distributed or received or untilaudited, whichever is sooner. All funds distributed or received pursuantto this section are subject to audit by the Missouri supreme court or thestate auditor.
6. The Missouri supreme court, or a person or organization designatedby the court, shall, by January thirty-first of each year, report to thegeneral assembly on the moneys collected and disbursed pursuant to thissection and section 488.031, RSMo, by judicial circuit.
7. The provisions of this section shall expire on December 31, 2012.
Basic civil legal services fund created, moneys to be used to increasefunding for legal services to eligible low-incomepersons--allocation of moneys--record-keepingrequirements--report to general assembly.
477.650. 1. There is hereby created in the state treasury the "BasicCivil Legal Services Fund", to be administered by, or under the directionof, the Missouri supreme court. All moneys collected under section488.031, RSMo, shall be credited to the fund. In addition to the courtfiling surcharges, funds from other public or private sources also may bedeposited into the fund and all earnings of the fund shall be credited tothe fund. The purpose of this section is to increase the funding availablefor basic civil legal services to eligible low-income persons as suchpersons are defined by the Federal Legal Services Corporation's IncomeEligibility Guidelines.
2. Funds in the basic civil legal services fund shall be allocatedannually and expended to provide legal representation to eligiblelow-income persons in the state in civil matters. Moneys, funds, orpayments paid to the credit of the basic civil legal services fund shall,at least as often as annually, be distributed to the legal servicesorganizations in this state which qualify for Federal Legal ServicesCorporation funding. The funds so distributed shall be used by legalservices organizations in this state solely to provide legal services toeligible low-income persons as such persons are defined by the FederalLegal Services Corporation's Income Eligibility Guidelines. Fund moneyshall be subject to all restrictions imposed on such legal servicesorganizations by law. Funds shall be allocated to the programs accordingto the funding formula employed by the Federal Legal Services Corporationfor the distribution of funds to this state. Notwithstanding theprovisions of section 33.080, RSMo, any balance remaining in the basiccivil legal services fund at the end of any year shall not be transferredto the state's general revenue fund. Moneys in the basic civil legalservices fund shall not be used to pay any portion of a refund mandated byarticle X, section 15 of the Missouri Constitution. State legal servicesprograms shall represent individuals to secure lawful state benefits, butshall not sue the state, its agencies, or its officials, with any statefunds.
3. Contracts for services with state legal services programs shallprovide eligible low-income Missouri citizens with equal access to thecivil justice system, with a high priority on families and children,domestic violence, the elderly, and qualification for benefits under theSocial Security Act. State legal services programs shall abide by allrestrictions, requirements, and regulations of the Legal ServicesCorporation regarding their cases.
4. The Missouri supreme court, or a person or organization designatedby the court, is the administrator and shall administer the fund in suchmanner as determined by the Missouri supreme court, including in accordancewith any rules and policies adopted by the Missouri supreme court for suchpurpose. Moneys from the fund shall be used to pay for the collection ofthe fee and the implementation and administration of the fund.
5. Each recipient of funds from the basic civil legal services fundshall maintain appropriate records accounting for the receipt andexpenditure of all funds distributed and received pursuant to this section.These records must be maintained for a period of five years from the closeof the fiscal year in which such funds are distributed or received or untilaudited, whichever is sooner. All funds distributed or received pursuantto this section are subject to audit by the Missouri supreme court or thestate auditor.
6. The Missouri supreme court, or a person or organization designatedby the court, shall, by January thirty-first of each year, report to thegeneral assembly on the moneys collected and disbursed pursuant to thissection and section 488.031, RSMo, by judicial circuit.
7. The provisions of this section shall expire on December 31, 2012.
Basic civil legal services fund created, moneys to be used to increasefunding for legal services to eligible low-incomepersons--allocation of moneys--record-keepingrequirements--report to general assembly.
477.650. 1. There is hereby created in the state treasury the "BasicCivil Legal Services Fund", to be administered by, or under the directionof, the Missouri supreme court. All moneys collected under section488.031, RSMo, shall be credited to the fund. In addition to the courtfiling surcharges, funds from other public or private sources also may bedeposited into the fund and all earnings of the fund shall be credited tothe fund. The purpose of this section is to increase the funding availablefor basic civil legal services to eligible low-income persons as suchpersons are defined by the Federal Legal Services Corporation's IncomeEligibility Guidelines.
2. Funds in the basic civil legal services fund shall be allocatedannually and expended to provide legal representation to eligiblelow-income persons in the state in civil matters. Moneys, funds, orpayments paid to the credit of the basic civil legal services fund shall,at least as often as annually, be distributed to the legal servicesorganizations in this state which qualify for Federal Legal ServicesCorporation funding. The funds so distributed shall be used by legalservices organizations in this state solely to provide legal services toeligible low-income persons as such persons are defined by the FederalLegal Services Corporation's Income Eligibility Guidelines. Fund moneyshall be subject to all restrictions imposed on such legal servicesorganizations by law. Funds shall be allocated to the programs accordingto the funding formula employed by the Federal Legal Services Corporationfor the distribution of funds to this state. Notwithstanding theprovisions of section 33.080, RSMo, any balance remaining in the basiccivil legal services fund at the end of any year shall not be transferredto the state's general revenue fund. Moneys in the basic civil legalservices fund shall not be used to pay any portion of a refund mandated byarticle X, section 15 of the Missouri Constitution. State legal servicesprograms shall represent individuals to secure lawful state benefits, butshall not sue the state, its agencies, or its officials, with any statefunds.
3. Contracts for services with state legal services programs shallprovide eligible low-income Missouri citizens with equal access to thecivil justice system, with a high priority on families and children,domestic violence, the elderly, and qualification for benefits under theSocial Security Act. State legal services programs shall abide by allrestrictions, requirements, and regulations of the Legal ServicesCorporation regarding their cases.
4. The Missouri supreme court, or a person or organization designatedby the court, is the administrator and shall administer the fund in suchmanner as determined by the Missouri supreme court, including in accordancewith any rules and policies adopted by the Missouri supreme court for suchpurpose. Moneys from the fund shall be used to pay for the collection ofthe fee and the implementation and administration of the fund.
5. Each recipient of funds from the basic civil legal services fundshall maintain appropriate records accounting for the receipt andexpenditure of all funds distributed and received pursuant to this section.These records must be maintained for a period of five years from the closeof the fiscal year in which such funds are distributed or received or untilaudited, whichever is sooner. All funds distributed or received pursuantto this section are subject to audit by the Missouri supreme court or thestate auditor.
6. The Missouri supreme court, or a person or organization designatedby the court, shall, by January thirty-first of each year, report to thegeneral assembly on the moneys collected and disbursed pursuant to thissection and section 488.031, RSMo, by judicial circuit.
7. The provisions of this section shall expire on December 31, 2012.
