SENATE BILL NO. 1465

2008 Legislation

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SENATE BILL NO. 1465<br /> – Civil legal services fund

View Statement of Purpose / Fiscal Impact

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Bill Status


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

Bill Text




                                                                       
  ]]]]              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
 32    provisions:
 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-

                                       2

  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 / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17957C1

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
Fund.    


                           FISCAL NOTE

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.  





Contact
Name: Ernesto Sanchez, Idaho Legal Aid Services 
Phone: 336-8980
Name: Jim Cook, Idaho Legal Aid Services
Phone: 336-8980


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1465