H. B. 4700
(By Delegates Michael, Doyle, Leach, Compton,
Seacrist and Fantasia)
(Originating in the Committee on Finance)
[March 3, 1998]
A BILL to amend chapter twenty-nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-one-a,
relating to the disbursement of funds to programs that
provide legal services in civil actions to persons in this
state who are unable to afford legal services; establishing
the West Virginia legal services council; appointment of
membership; qualifications; reimbursement of expenses; terms
of appointment; power and authority of council; transaction
of business; meetings; establishment of civil legal services
fund; deposits into fund; disbursements of fund; eligibility
for financial assistance; and prohibited use of funds
disbursed.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article twenty-one-a, to
read as follows:
ARTICLE 21A. CIVIL LEGAL SERVICES.
§29-21A-1. Legal services council; appointment, qualifications
and terms of members; compensation; powers and
duties generally; meetings and notices.
(a) There is hereby established within the department of
administration the "West Virginia legal services council", which
shall consist of five practicing attorneys and two members of the
general public appointed by the governor. Any vacancy that
occurs in the membership of the council for any reason, including
expiration of term, removal, resignation, death, disability or
disqualification, shall be filled by the governor as provided by
this section.
(b) Each attorney member of the council, at the time of his
or her appointment, shall be a resident of this state, licensed
and in good standing to engage in the practice of law in this
state for a period of at least five years prior to his or her
appointment. Each public member of the council shall be a
resident of this state who has attained the age of eighteen years
and who is not an attorney, the spouse of an attorney, a person
who has ever had any material financial interest in providing
legal services or who has engaged in any activity directly
related to the practice of law.
(c) Members of the council shall, to the extent that funds
are available pursuant to section two of this article, be
reimbursed for their reasonable and necessary travel and other
expenses actually incurred in connection with the performance of
their duties as members of the council including, but not limited
to, attendance at meetings thereof. Members of the council shall receive no other compensation for their services as a member o
the council other than the reimbursement of expenses as provided
in this section.
(d) Council members shall serve for a term of five years,
except that the initial appointment of members shall be for terms
to assure that at least one attorney member's term expires each
year. The governor may reappoint any member for additional
terms.
(e) The council shall have the power and authority to:
(1) Within the criteria set forth in section three of this
article, determine the eligibility of programs established within
this state to provide legal services to persons in this state who
are unable to afford legal services to receive financial
assistance from the civil legal services fund established
pursuant to the provisions of section two of this article;
(2) Distribute the monies deposited in the civil legal
services fund to provide financial assistance to such eligible
programs.
(3) In addition to the restrictions imposed by section three
of this article, impose such additional restrictions on the use
of funds it distributes to such programs as it may determine to
be appropriate and in accordance with the provisions of this
article, including, but not limited to, restricting the types of
cases in which such programs may provide legal services; and
(4) Utilize the staff of the finance division of the
department of administration in carrying out its duties and
responsibilities as set forth in this article.
(f) A majority of the membership of the council constitutes
a quorum for the transaction of business, and any action may be
approved by a majority vote of a quorum. All council members
shall be given advance notice of each council meeting.
(g) Meetings of the council shall be subject to the
provisions of article nine-a, chapter six of this code.
§29-21A-2. Civil legal services fund established.
There is hereby established in the state treasury a special
account designated and known as the "civil legal services fund"
into which shall be deposited (1) any amounts appropriated by the
Legislature for expenditure from the fund, and (2) any gift or
grant from any person, firm, corporation, trust or foundation, or
from this state or any other state or any political subdivision
or municipality thereof, or from the United States, of any funds
or property or any interest therein for the uses and purposes of
the fund.
§29-21A-3. Disbursement of moneys deposited in the civil legal
services fund; eligibility for financial
assistance; prohibited use of funds.
(a) The civil legal services fund shall be disbursed for the
following purposes:
(1) By the director of the finance division of the
department of administration to reimburse the expenses of the
members of the West Virginia legal services council; and
(2) By the director of the finance division of the
department of administration, in quarterly disbursements in
amounts directed by the council, to programs determined to be eligible by the council for financial assistance pursuant to the
provisions of this article.
(b) A program eligible for financial assistance from the
civil legal services fund shall receive a percentage of the
moneys available for disbursement from the civil legal services
fund equal to the percentage of the population of this state
served by the program that is determined by the council to be at
or below the poverty level using the most recent federal bureau
of census statistics.
(c) Programs eligible for financial assistance pursuant to
the provisions of this article are legal services organizations
in this state that (1) provide civil legal services to the poor
in this state and (2) are eligible to receive federal funds for
the purpose of providing civil legal services to the poor under
the provisions of the federal Legal Services Corporation Act of
1974, as amended, and any related federal regulation or other
provision of federal law.
(d) No funds disbursed by the council may be used:
(1)(A) For any activity for which the use of federal funds
available under the federal Legal Services Corporation Act of
1974, as amended, or any related federal regulation or other
provision of federal law is prohibited;
(B) To support any lobbying activities;
(C) To institute or participate in any class action;
(D) To institute or participate in any action against this
state or any agency, board, commission, political subdivision or
any governmental unit thereof where any part of the remedy being sought may result in requiring or increasing public funding
through state or local revenues;
(E) To institute or participate in any type of action for
which the use of the use of the monies in the fund have been
prohibited by the council pursuant to subdivision (3), subsection
(e), section one of this article; or
(F) To pay any compensation or expenses incurred in an
eligible proceeding as defined in article twenty-one of this
chapter.
(2) No program may receive or use funds from the civil legal
services fund if the program is or becomes affiliated with,
associated with, or has common members or directors with any
individual or entity that is ineligible to receive financial
assistance under the provisions of this article or is engaged in
activities which prohibit the receipt or use of funds under this
subsection.
Note: The purpose of the bill is to provide a mechanism for
distributing such funds that may be appropriated or otherwise
become available to legal services organizations that provide
legal services to poor persons in this state who are otherwise
unable to afford legal services.
§§29-21A-1, et seq., are new; therefore, strike-throughs and
underscoring have been omitted.