PRINTER'S NO. 3211
No. 2322 Session of 2002
INTRODUCED BY FEESE, MANDERINO, M. BAKER, BARD, ALLEN, BASTIAN,
BEBKO-JONES, BELFANTI, BISHOP, BROWNE, BUNT, BUXTON,
CALTAGIRONE, CAPPELLI, CIVERA, L. I. COHEN, M. COHEN,
COLAFELLA, CORNELL, COY, CREIGHTON, CURRY, DALEY, DALLY,
DERMODY, DeWEESE, DIVEN, D. EVANS, FICHTER, FRANKEL, FREEMAN,
GEORGE, GODSHALL, HARHAI, HARPER, HENNESSEY, HERMAN, JAMES,
JOSEPHS, KREBS, LAUGHLIN, LEDERER, LEVDANSKY, MAITLAND,
McCALL, McGILL, McILHATTAN, McNAUGHTON, MELIO, MICHLOVIC,
MICOZZIE, MUNDY, MYERS, O'BRIEN, OLIVER, PALLONE, PERZEL,
PETRONE, PICKETT, PISTELLA, PRESTON, ROBINSON, ROEBUCK,
ROONEY, RUBLEY, SANTONI, SATHER, SCRIMENTI, SCHULER, SHANER,
SOLOBAY, STABACK, STEIL, STETLER, R. STEVENSON, STURLA,
SURRA, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRELLO, TRICH, VEON,
WANSACZ, WASHINGTON, WATERS, WATSON, J. WILLIAMS, WILT,
WOJNAROSKI, G. WRIGHT, YOUNGBLOOD, BENNINGHOFF, PIPPY,
GRUITZA, ARMSTRONG, GORDNER, HORSEY, BUTKOVITZ, CORRIGAN,
LESCOVITZ, KIRKLAND, VITALI, NAILOR, J. EVANS, YEWCIC, LEWIS
AND ROBERTS, JANUARY 30, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2002
AN ACT
1 Establishing the Access to Justice Fund to provide for civil
2 legal services to indigent persons and for imposition of
3 fees.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Access to
8 Justice Act.
9 Section 2. Declaration of policy.
10 The General Assembly finds and declares as follows:
1 (1) It is of paramount importance to the citizens of
2 this Commonwealth that all individuals who seek lawful
3 redress of their grievances have equal access to our system
4 of justice.
5 (2) The availability of civil legal services is
6 essential to providing meaningful access to justice for
7 indigent persons who cannot afford legal representation.
8 Section 3. Establishment of Access to Justice Fund.
9 There is established in the State Treasury a nonlapsing
10 restricted receipts fund to be known as the Access to Justice
11 Fund for the deposit of all fees authorized by this act.
12 Section 4. Purpose of Access to Justice Fund.
13 All moneys in the Access to Justice Fund and any investment
14 income accrued shall be appropriated annually by the
15 Administrative Office of the Pennsylvania Courts, upon
16 requisition of the Court Administrator of Pennsylvania, to the
17 Pennsylvania Interest on Lawyers Trust Account Board to be
18 applied solely to eligible legal services providers and
19 dedicated to the provision of civil legal services to indigent
20 persons in this Commonwealth, as determined by rule of the
21 Supreme Court.
22 Section 5. Fees.
23 (a) Imposition.--The following additional fees shall be
24 imposed:
25 (1) An additional fee of $5 shall be charged and
26 collected by the prothonotaries of the Supreme Court,
27 Superior Court and Commonwealth Court for each first filing
28 for which a fee, charge or cost is now authorized.
29 (2) An additional fee of $5 shall be charged and
30 collected by the prothonotaries, clerks of orphans' courts,
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1 register of wills or by any officials designated to perform
2 similar functions of all courts of common pleas, for each
3 first filing in a civil action or legal proceeding for which
4 a fee, charge or cost is now authorized.
5 (3) An additional fee of $4 shall be charged and
6 collected by the minor judiciary, including district
7 justices, Philadelphia Municipal Court and Pittsburgh
8 Magistrates Court, for each first filing in a civil action or
9 legal proceeding for which a fee, charge or cost is now
10 authorized.
11 (4) An additional fee of $4 shall be charged and
12 collected by the recorders of deeds and clerks of court or by
13 any officials designated to perform similar functions, for
14 each filing of a deed, mortgage or property transfer for
15 which a fee, charge or cost is now authorized.
16 (b) Nature.--The fees collected in subsection (a) shall be
17 in addition to any court costs and filing fees authorized by
18 other provisions of law and shall be dedicated to the purposes
19 permitted for the Access to Justice Fund.
20 (c) Transfer.--Moneys collected shall be paid to the court
21 imposing the fee, which shall transfer them to the State
22 Treasurer for deposit into the Access to Justice Fund.
23 Section 6. Effective date.
24 This act shall take effect in 60 days.
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