HCS HB 535 -- TORT VICTIMS' COMPENSATION

SPONSOR:  May (108)

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

This substitute creates the Legal Services for Low-Income People
Fund which receives 35% of all payments to the Tort Victims'
Compensation Fund.  The treasurer is authorized to distribute
money from the Legal Services for Low-Income People Fund to
legal services organizations in Missouri that receive federal
Legal Services Corporation funding.  Funds must be allocated
according to the most recent official census data relating to
the location of Missouri residents living at or below the
poverty level.

In addition, the substitute authorizes the Division of Workers'
Compensation to make awards from the fund to uncompensated tort
victims.  Prevailing plaintiffs in civil tort cases who are
unable to collect or enforce judgments are considered
uncompensated tort victims under the substitute's provisions.
Awards may not be greater than the amount determined by the jury
for any plaintiff found to be contributorily or comparatively
negligent.  The substitute specifies procedures for filing
claims and appealing determinations.

FISCAL NOTE:  Estimated Net Cost to State Funds of $521,538 in
FY 2000, $539,870 in FY 2001, and $553,489 in FY 2002.

PROPONENTS:  Supporters say that legislation is necessary to
distribute money from the fund.  Currently, there is over $7
million in the fund and no statutory provisions to govern
distributing it.  Spending part of the fund to support legal
services for impoverished individuals is a worthwhile use of the
money, particularly because funding for legal services has been
substantially diminished in recent years.

Testifying for the bill were Representative Clayton; The
Missouri Bar; Missouri Association of Trial Attorneys; Legal
Services of Eastern Missouri; Legal Services of Western
Missouri; Silver Haired Legislature; and Associated Industries
of Missouri.

OPPONENTS:  There was no opposition voiced to the committee.

Katharine Hickel Barondeau, Legislative Analyst

HB 535 -- Tort Victims' Compensation Fund

Co-Sponsors:  Clayton, Troupe, May (108)

This bill creates the Legal Services for Low-Income People Fund
which receives half of all payments to the Tort Victims'
Compensation Fund.  The treasurer is authorized to distribute
money from the Legal Services for Low-Income People Fund to
legal services organizations in Missouri that receive federal
Legal Services Corporation funding.  Funds must be allocated
according to the most recent official census data relating to
the location of Missouri residents living at or below the
poverty level.