Print Friendly SENATE BILL NO. 1465
– Civil legal services fund
SENATE BILL NO. 1465
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S1465................................................by JUDICIARY AND RULES
CIVIL LEGAL SERVICES FUND - Adds to existing law to create the Civil Legal
Services Fund; and to provide for grants.
03/04 Senate intro - 1st rdg - to printing
03/05 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1465
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO COURTS AND MISCELLANEOUS PROVISIONS; AMENDING CHAPTER 16, TITLE 1,
3 IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 1-1626 AND 1-1627, IDAHO CODE,
4 TO CREATE THE CIVIL LEGAL SERVICES FUND AND TO PROVIDE FOR GRANTS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 16, Title 1, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 1-1626, Idaho Code, and to read as follows:
9 1-1626. CIVIL LEGAL SERVICES FUND. (1) There is hereby created in the
10 state treasury the civil legal services fund.
11 (2) The fund shall consist of:
12 (a) Moneys appropriated to the fund;
13 (b) Donations, gifts and grants to the fund from any source; and
14 (c) Any other moneys which may hereafter be provided by law.
15 (3) Moneys in the fund may be expended to provide legal representation to
16 low-income persons in certain civil matters and to defray the costs of the
17 operation of Idaho legal aid services. Moneys in the fund may be expended for
18 the purposes provided in section 1-1627, Idaho Code. Interest earned on the
19 investment of idle moneys in the civil legal services fund shall be returned
20 to the fund.
21 (4) Disbursements of moneys from the fund shall be by appropriation from
22 the legislature to the supreme court, which moneys shall be used for the pay-
23 ment of funds to Idaho legal aid services and for expenses incurred for carry-
24 ing out the provisions of this section and section 1-1627, Idaho Code.
25 SECTION 2. That Chapter 16, Title 1, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 1-1627, Idaho Code, and to read as follows:
28 1-1627. CIVIL LEGAL SERVICES FUND GRANTS. The supreme court is hereby
29 authorized and directed to award funds from the moneys which shall be from
30 time to time available to the supreme court from the civil legal services
31 fund. The foregoing power and authorization shall be subject to the following
33 (1) Funds shall be made available to Idaho legal aid services for the
34 following purposes:
35 (a) To provide free legal representation and advocacy to low-income
36 Idahoans in civil matters concerning domestic violence, income mainte-
37 nance, elder abuse, adult and minor guardianships and conservatorships and
38 other related state court cases; and
39 (b) To provide outreach and education to low-income Idahoans concerning
40 their civil legal rights and responsibilities.
41 (2) Funds may not be used for class action lawsuits, criminal cases, rep-
1 resentation of persons who are incarcerated, cases concerning abortion or
2 reproductive issues, representation of undocumented persons or lawsuits
3 against the state of Idaho.
4 (3) Idaho legal aid services is directed to provide annually a report to
5 the legislature reflecting an accounting of expenditures of Idaho legal aid
6 services' fiscal year legislative appropriation.
STATEMENT OF PURPOSE
The purpose of this legislation is to create a fund to receive
moneys for use by Idaho Legal Aid Services, Inc. for use in
providing free civil legal assistance to low-income persons in
Idaho. This legislation contemplates that moneys into the Fund
can come from donations, gifts, grants, or any other source. This
legislation does not obligate any entity to contribute to the
There is no fiscal impact. Any costs, including fiscal controls,
for administration and oversight of moneys distributed through
the account will be paid from account funds.
Name: Ernesto Sanchez, Idaho Legal Aid Services
Name: Jim Cook, Idaho Legal Aid Services
STATEMENT OF PURPOSE/FISCAL NOTE S 1465