CHAPTER 173
H.P. 739 - L.D. 1003
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §18-A, sub-§1, ¶B, as enacted by PL 1991, c. 503, is amended to read:
B. Money Except as provided in paragraph C, money in the fund must be disbursed by the administrator in accordance with allocations approved by the Legislature to legal service providers to legal service providers to support the provision of free civil legal services to low-income people or the needy elderly in this State. Money disbursed from the fund may not be used by a recipient to support lobbying as defined in Title 3, section 312-A, subsection 9, unless the recipient is responding to a request by a Legislator or a member of the Executive Department. Only the following legal service providers may receive disbursement to provide free civil legal services:
(1) Nonprofit organizations whose missions are to provide free civil legal services and who have at least one year of experience providing free civil legal services;
(2) Legal aid clinics of accredited law schools operating exclusively in Maine; and
(3) Programs whose primary mission is to coordinate pro bono legal services for low-income people in this State.
Sec. 2. 4 MRSA §18-A, sub-§1, ¶C is enacted to read:
C. In the first year the Judicial Department may draw from the fund any programming, printing and distribution costs that are necessary to implement surcharges on fines, penalties or forfeitures as provided in subsection 3-A.
Sec. 3. 4 MRSA §18-A, sub-§2, as enacted by PL 1991, c. 503, is amended to read:
2. Administration. The Supreme Judicial Court, or a person or organization designated by the court, is the administrator and shall administer the fund. The administrator shall disburse funds according to determinations made by the commission established in subsection 6. The administrator shall report at least annually to the Legislature on the previous year's income and expenditures.
Sec. 4. 4 MRSA §18-A, sub-§3, as enacted by PL 1991, c. 503, is repealed.
Sec. 5. 4 MRSA §18-A, sub-§3-A is enacted to read:
3-A. Funding. Funding for the fund may be provided by the following methods.
A. For any filing fee increase or new filing fee established after September 1, 1997, the following amounts must be deposited in the fund:
(1) The first $20 of any increase in each Supreme Judicial Court filing fee or of any new fee;
(2) The first $20 of any increase in each Superior Court filing fee or of any new fee; and
(3) The first $10 of any increase in each filing fee or of any new fee in any other court except for fees filed to commence a small claims action.
This paragraph does not apply to filings for which the filing fee is waived or there is no filing fee.
B. A surcharge of $5 must be imposed by a court on each civil fine, penalty or forfeiture imposed by the court and deposited in the fund.
Sec. 6. 4 MRSA §18-A, sub-§5, as enacted by PL 1991, c. 503, is repealed.
Sec. 7. 4 MRSA §18-A, sub-§6 is enacted to read:
6. Distribution of funds. The Supreme Judicial Court shall appoint the Civil Legal Services Fund Commission, consisting of 3 persons knowledgeable about the problems of ensuring access to justice in this State, to determine how to distribute the funds in accordance with subsection 1 in a manner that will most efficiently and effectively maintain and enhance access to justice in this State. The commission shall review the allocation at least every 4 years or on the request of any member of the commission and shall make adjustments to the allocation when appropriate. Funds must be distributed at least quarterly with the first distribution occurring no later than January 2, 1998. The commission shall compile information on the types of cases handled by recipient organizations and shall report this information and its allocation decisions to the joint standing committee of the Legislature having jurisdiction over judiciary matters no later than February 1, 1999.
Sec. 8. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.
1997-98 1998-99
JUDICIAL DEPARTMENT
Maine Civil Legal Services Fund
All Other $319,346 $425,795
Allocates funds for free civil legal services to low-income or needy people and one-time computer reprogramming and printing costs.
Effective September 19, 1997, unless otherwise indicated.
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