HB 107 -- Tort Victims' Compensation Fund

Co-Sponsors:  Clayton, Richardson, Monaco, Hilgemann, Lograsso

This bill creates the Legal Services for Low-Income People Fund
which receives 35% of all payments to the Tort Victims'
Compensation Fund.  The State 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 bill authorizes the Division of Workers'
Compensation to make awards to uncompensated victims from 65% of
payments to the fund.  Prevailing plaintiffs in civil tort cases
who are unable to collect or enforce judgments are considered
uncompensated tort victims under the bill's provisions.  Awards
may not be greater than the amount determined by the jury for
any plaintiff found to be contributorily or comparatively
negligent.  No award from the fund may exceed $300,000.  The
bill specifies procedures for filing claims and appealing
determinations.  If there are insufficient funds for the
division to pay all claims, the claims must be paid on a pro
rata basis.

The bill also modifies procedures for the Attorney General to
collect 50% of all punitive damage awards.  Cases resolved by
arbitration, mediation, or compromise settlement as well as
attorneys' fees and expenses are not subject to the collection
procedures.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:42 am