HS HCS HB 107 -- TORT VICTIMS' COMPENSATION FUND (Clayton)

This substitute 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 substitute authorizes the Division of Workers'
Compensation to make awards to uncompensated tort 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 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.  No award from the
fund may exceed $300,000.  The substitute 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 substitute 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.

Finally, the substitute establishes the Missouri CASA Fund in
the state treasury to support the Court-Appointed Special
Advocate (CASA) Program throughout the state.  The State
Treasurer must credit the fund with appropriations, gifts,
contributions, grants, and bequests that are earmarked for the
fund.  The State Courts Administrator will administer the fund
according to the substitute's guidelines.

FISCAL NOTE:  Income to Legal Services for Low-Income People
Fund of $2,580,000 in FY 2002, Unknown in FY 2003, and Unknown
in FY 2004.  Estimated Net Cost to Tort Victims' Compensation
Fund of $2,907,056 in FY 2002, $335,751 to Unknown in FY 2003,
and $344,269 to Unknown in FY 2004.  Loss to General Revenue
Fund of Unknown in FY 2002, FY 2003, and FY 2004.  Estimated Net
Effect on Missouri CASA Fund of $0 in FY 2002, FY 2003, and FY
2004.

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