HCS SCS SB 1247 -- STATE LEGAL EXPENSE FUND

SPONSOR:  Dougherty (Byrd)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Judiciary by a vote of 18 to 0.

This substitute adds licensed attorneys practicing law for no
compensation at a tax-exempt, nonprofit community social services
center to those eligible for coverage from the State Legal
Expense Fund.  The aggregate of any payments from the fund will
be limited to a maximum of $500,000 for all claims based upon the
same act or acts alleged in a single cause and will not exceed
$500,000 for any one claimant.  All payments from insurance
policies purchased by the state relating to the fund will also be
limited to $500,000.

An attorney's liability or malpractice insurance will not be
considered for the payment of a claim to the extent that the
legal expense fund is required to make payment.  However, an
attorney may obtain liability or malpractice insurance for
amounts that exceed the maximum coverage of the legal fund.

The Attorney General is authorized to promulgate rules regarding
contract procedures and documentation of legal practice of
attorneys covered by the fund.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2005, FY
2006, and FY 2007.  Estimated Cost on Other State Funds of
Unknown in FY 2005, FY 2006, and FY 2007.  Unknown costs to State
Legal Expense Fund could exceed $100,000 in any given fiscal
year.

PROPONENTS:  Supporters say that the bill will increase the
number of attorneys providing free services to needy persons by
covering them under the State Legal Expense Fund under these
circumstances.

Testifying for the bill were Senator Dougherty; Lou DeFeo; and
Missouri Bar.

OPPONENTS:  There was no opposition voiced to the committee.

Amy Woods, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am