|
H.B. No. 0061 |
Legal services funding. |
Sponsored By: Representative(s) Throne, Connolly, Gingery,
Hales, Hammons, Lockhart, Lubnau and Zwonitzer, Dn. and Senator(s) Massie,
Meyer, Ross and Sessions
AN ACT relating to indigent civil legal
services; providing for additional fees to fund indigent civil legal services;
establishing an indigent civil legal services account; creating and providing
for administration of an indigent civil legal services program; authorizing
rulemaking; authorizing the expenditure of funds for the program as specified;
providing for reports; and providing for an effective date.
2/4/2010 Bill
Number Assigned
2/8/2010 H
Received for Introduction
2/9/2010 H
Introduced and Referred to H01
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brown, Buchanan, Byrd, Cannady, Carson,
Childers, Cohee, Connolly, Craft, Diercks, Esquibel, K., Gilmore, Gingery,
Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jorgensen, Kimble, Landon,
Lockhart, Lubnau, Madden, McKim, McOmie, Millin, Moniz, Patton, Petersen,
Roscoe, Shepperson, Simpson, Steward, Stubson, Thompson, Throne, Wallis,
Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brechtel, Davison,
Excused: Representative(s) Hallinan and Philp
Ayes 48 Nays
10 Excused 2 Absent 0 Conflicts
0
2/12/2010 H01
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Bagby, Barbuto, Blikre,
Cannady, Gingery, Patton and Peasley
Nays: Representative(s) Quarberg
Excused: Representative(s) Throne
Ayes 7 Nays
1 Excused 1 Absent 0 Conflicts
0
2/12/2010 H
Placed on General File
HB0061HS001/ADOPTED
Page 1-line 4 After
"indigent" insert "civil".
Page 3-line 2 After
"shall" insert "provide for the"; delete
"internal" insert "of".
Page 3-line 3 After "." insert "The
audits shall be available for public review.".
Page 4-line 4 After
"that" insert "civil legal".
Page 4-line 11 After
"providing" insert "civil".
Page 5-line 5 After
"providing" insert "civil legal".
Page 5-line 6 Before
"services" insert "civil legal".
Page 5-line 13 After
"of" insert "civil".
GINGERY, CHAIRMAN
2/15/2010 H Rereferred to H02
2/16/2010 H02 Recommended Do Pass
ROLL
CALL
Ayes: Representative(s) Berger, Hammons, Harshman,
Jorgensen, Pedersen and Steward
Excused: Representative(s) Philp
Ayes 6 Nays
0 Excused 1 Absent 0 Conflicts
0
2/16/2010 H
Placed on General File
HB0061HW002/ADOPTED
Page 2-line 22 After "committee." insert
"Each biennial plan submitted under this subsection beginning with the
biennium commencing July 1, 2012 shall include case statistics and program
costs for the preceding biennium.".
SEMLEK
HB0061HW003/FAILED
Page 1-line 2 After ";" insert "providing
for a portion of any punitive damages awarded to be deposited to civil legal
services account;".
Page 1-line 11 After "W.S." insert
"1-16-104,".
Page 1-After line 12 Insert:
"1-16-104. Punitive damages;
award to civil legal services account.
If
a person receives an award of punitive damages, the court shall require that
twenty-five percent (25%) of the award be deposited into the civil legal
service account created pursuant to W.S. 5-2-121. This section does not grant the state the
right to file or join a civil action to recover punitive damages. The state shall have the same rights of
recovery of any judgment creditor under chapter 17 of this title.".
Page 2-line 7 After
"6-10-103" insert "and punitive damages paid to the state
pursuant to W.S. 1-16-104". STUBSON
2/17/2010 H Passed CoW
HB0061H2001/FAILED
Page 1-line 6 After
"specified; insert "requiring financial participation by clients as
specified;".
Page 5-line 15 After
"funds." insert "Any program receiving funds under this section
shall establish client financial participation standards for use of these funds
to include:
(A) A client whose total household
income is between one hundred percent (100%) and one hundred fifty percent
(150%) of the federal poverty level shall pay ten percent (10%) of the legal
fees in his case or two hundred dollars ($200.00), whichever is less;
(B) A client whose total household
income is between one hundred fifty-one percent (151%) and two hundred percent
(200%) of the federal poverty level shall pay twenty percent (20%) of the legal
fees in his case or five hundred dollars ($500.00), whichever is
less.". LANDON
2/18/2010 H Passed 2nd
2/19/2010 H Passed 3rd
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brown, Buchanan, Byrd, Cannady, Carson,
Childers, Cohee, Connolly, Craft, Davison, Diercks, Esquibel, K., Gilmore,
Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway, Jorgensen, Kimble,
Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Millin, Moniz, Patton,
Pedersen, Petersen, Roscoe, Simpson, Steward, Stubson, Thompson, Throne,
Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brechtel,
Excused: Representative(s) Hallinan and Philp
Ayes 49 Nays
9 Excused 2 Absent 0 Conflicts
0
2/22/2010 S Received for Introduction
2/22/2010 S Introduced and Referred to S01
2/24/2010 S01 Recommended Do Pass
ROLL
CALL
Ayes: Senator(s) Burns, Meyer, Perkins, Ross and
Sessions
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/24/2010 S
Placed on General File
2/24/2010 S
Rereferred to S02
2/26/2010 S02
Recommended Do Pass
ROLL
CALL
Ayes: Senator(s) Massie, Nicholas, Peterson and
Townsend
Nays: Senator(s) Meier
Ayes 4 Nays
1 Excused 0 Absent 0 Conflicts
0
2/26/2010 S
Placed on General File
3/1/2010 S
Passed CoW
HB0061S2001/FAILED (TO ENGROSSED COPY)
Page 3-line 24 After
"program" insert ". The
court shall include in the May report any recommendations for providing
services beyond those specified in paragraph (xi) of this subsection."
Page 5-line 21 Delete "." insert
";".
Page 5-after line 21 Insert:
"(xi) Prior to May 1, 2011, funds shall not
be expended under the program for civil legal services other than:
(A)
Domestic relations legal civil services, which shall include at a
minimum services involving dissolution of a marriage, child custody and
visitation, and child support;
(B)
Civil legal services provided in a landlord and tenant matter;
(C) Other civil legal services, provided
funds shall only be expended on behalf of an individual seeking a monetary
recovery if the amount of the individual's demand does not exceed the
jurisdiction of circuit court.". MEIER
3/2/2010 S Passed 2nd
HB0061S3001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 5 After "rulemaking;" insert
"establishing priorities for provision of legal services;".
Page 4-line 7 Delete ";" insert
"subject to the following:".
Page 4-after line 7 Insert and renumber:
"(A)
In adopting rules and regulations governing the program the court shall
set the following priorities, which are not intended to be exclusive, but to
provide direction on the management and operation of the program:
(1) Cases in which an indigent individual is a
defendant in a lawsuit;
(2) Cases in which an indigent individual is
seeking to enforce a court order;
(3) Cases involving domestic relations and family
law;
(4) Matters involving general legal advice to
indigent individuals.
(B) In adopting rules and regulations governing
the program, the court shall prohibit the program from providing legal
representation in the following areas:
(1) Cases seeking tort damages;
(2) Criminal defense;
(3) Cases against public agencies or political
subdivisions seeking to change or overturn existing rules, regulations and
policies. This prohibition shall not
limit the program's ability to represent indigent individuals who are seeking
benefits that may be owed them by public entities.". SCOTT, MASSIE, MEIER, MEYER
3/3/2010 S Passed 3rd
ROLL
CALL
Ayes: Senator(s) Anderson, J., Burns, Cooper,
Elliott, Esquibel, F., Hastert, Johnson, Landen, Larson, Martin, Massie, Meyer,
Nicholas, Perkins, Ross, Schiffer, Scott, Sessions, Townsend and Von Flatern
Nays: Senator(s) Bebout, Case, Coe, Dockstader,
Geis, Hines, Hunnicutt,
Ayes 20 Nays
10 Excused 0 Absent 0 Conflicts
0
3/4/2010 H
Received for Concurrence
3/4/2010 H
Did Concur
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd,
Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds,
Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hammons, Harshman, Harvey,
Illoway, Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim,
McOmie, Miller, Millin, Moniz, Patton, Pedersen, Petersen, Roscoe, Semlek,
Simpson, Steward, Stubson, Thompson, Throne, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Peasley, Quarberg,
Shepperson, Teeters and Wallis
Excused: Representative(s) Hallinan and Philp
Ayes 53 Nays
5 Excused 2 Absent 0 Conflicts
0
3/4/2010 Assigned
Number HEA No. 0058
3/5/2010 H
Speaker Signed HEA No. 0058
3/5/2010 S
President Signed HEA No. 0058
3/11/2010 Governor
Signed HEA No. 0058
3/11/2010 Assigned
Chapter Number
Chapter No. 0109 Session Laws of Wyoming 2010