VICTIMS-FUND FIX LACKING OVER PAST 8 YEARS

Some 13 years ago, the Missouri General Assembly passed legislation creating the Tort Victims Compensation Fund.

This is a fund to compensate individuals who are injured in accidents and are either underinsured or are victims of those who lack insurance. The fund balance grows by taking in 50 percent of the punitive damages awarded against defendants found to be at fault in civil cases. (If a case is settled before it goes to trial, none of the damages are paid into the fund.)

Since its creation, the balance in the fund has grown to $7.4 million as of last month. This results in interest accumulating at the rate of $1,300 a day, according to the state treasurer's office, and this money doesn't go back into the fund, but rather is deposited in the state's general fund. None of the money can be spent for the designated purpose, however, because the Legislature hasn't passed enabling legislation.

A legal trade publication, Lawyers Weekly, reported on the little-known fund in a recent edition. Its publisher, Ken Jones, speculated that part of the reason for the Legislature's inability to act could be because of a dispute over how much attorneys should get when money from the fund is paid out. He also said lawmakers' inaction could be the result of a rift between liberal and conservative lawmakers over how much of the money should go to lawyers.

For his part, Attorney General Jay Nixon said, "This isn't a tough legislative fix. That's one of the reasons I have such a high level of frustration. We would like to make this one of the high priorities of the next legislative session." Nixon also says, "The most important thing is we have $7.4 million that no one can spend a penny of. The money is for people who through no fault of their own have unmet debts."

Well, let's see. Jay Nixon has been attorney general for eight years, during which entire time his fellow Democrats have possessed both the governor's mansion and majorities in both houses of the Legislature. If it "isn't a tough legislative fix," then for heaven's sake where has he been? Now, with an election looming, it is suddenly "one of the high priorities of the next session."

Missourians are entitled to ask why addressing the needs of "people who through no fault of their own have unmet debts" hasn't been a Nixon priority these last eight years.