PRIOR PRINTER'S NO. 3211 PRINTER'S NO. 3541
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,
ROBERTS, SAYLOR, KENNEY, MANN, STEELMAN, CAWLEY AND BELARDI,
JANUARY 30, 2002
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 27, 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.
1 The General Assembly finds and declares as follows:
2 (1) It is of paramount importance to the citizens of
3 this Commonwealth that all individuals who seek lawful
4 redress of their grievances have equal access to our system
5 of justice.
6 (2) The availability of civil legal services is
7 essential to providing meaningful access to justice for
8 indigent persons who cannot afford legal representation.
9 SECTION 3. DEFINITIONS. <--
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
11 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
12 CONTEXT CLEARLY INDICATES OTHERWISE:
13 "ELIGIBLE LEGAL SERVICES PROVIDER." A NOT-FOR-PROFIT ENTITY
14 INCORPORATED IN THIS COMMONWEALTH, TAX EXEMPT UNDER SECTION
15 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-
16 514, 26 U.S.C. § 501(C)(3)), OR ANY SUCCESSOR PROVISION, WHICH
17 OPERATES WITHIN THIS COMMONWEALTH FOR THE PRIMARY PURPOSE OF
18 PROVIDING CIVIL LEGAL SERVICES WITHOUT CHARGE, AND WHICH
19 OPERATES TO PROVIDE SUCH CIVIL LEGAL SERVICES TO ELIGIBLE
20 CLIENTS AND VICTIMS OF ABUSE UNDER CONTRACT OR SUBCONTRACT WITH
21 THE DEPARTMENT OF PUBLIC WELFARE FOR THE EXPENDITURE OF FUNDS
22 APPROPRIATED BY THE GENERAL ASSEMBLY FOR THE PROVISION OF LEGAL
23 SERVICES.
24 "LOBBYING ACTIVITIES." ANY EFFORT TO INFLUENCE FEDERAL,
25 STATE OR LOCAL LEGISLATIVE OR ADMINISTRATIVE ACTION, INCLUDING,
26 BUT NOT LIMITED TO, ACTIVITIES INTENDED TO INFLUENCE THE
27 ISSUANCE, AMENDMENT OR REVOCATION OF ANY EXECUTIVE OR
28 ADMINISTRATIVE ORDER OR REGULATION OF A FEDERAL, STATE OR LOCAL
29 AGENCY, OR TO INFLUENCE THE INTRODUCTION, AMENDMENT, PASSAGE OR
30 DEFEAT OF ANY LEGISLATION BY THE CONGRESS OF THE UNITED STATES
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1 OR BY ANY STATE OR LOCAL LEGISLATIVE BODY.
2 Section 3 4. Establishment of Access to Justice Fund. <--
3 There is established in the State Treasury a nonlapsing
4 restricted receipts fund to be known as the Access to Justice
5 Fund for the deposit of all fees authorized by this act.
6 Section 4. Purpose of Access to Justice Fund. <--
7 All moneys in the Access to Justice Fund and any investment
8 income accrued shall be appropriated annually by the
9 Administrative Office of the Pennsylvania Courts, upon
10 requisition of the Court Administrator of Pennsylvania, to the
11 Pennsylvania Interest on Lawyers Trust Account Board to be
12 applied solely to eligible legal services providers and
13 dedicated to the provision of civil legal services to indigent
14 persons in this Commonwealth, as determined by rule of the
15 Supreme Court.
16 SECTION 5. PURPOSE OF ACCESS TO JUSTICE FUND. <--
17 (A) PERMITTED USE.--ALL MONEYS IN THE ACCESS TO JUSTICE FUND
18 AND ANY INVESTMENT INCOME ACCRUED SHALL BE USED EXCLUSIVELY TO
19 PROVIDE CIVIL LEGAL ASSISTANCE TO POOR AND DISADVANTAGED PERSONS
20 IN THIS COMMONWEALTH. THE SUPREME COURT SHALL, BY RULE,
21 DETERMINE ELIGIBILITY FOR LEGAL ASSISTANCE UNDER THIS
22 SUBSECTION.
23 (B) PROHIBITED USE.--RECIPIENTS OF FUNDS UNDER THIS ACT ARE
24 PROHIBITED FROM USING THESE FUNDS TO CONTRIBUTE TO OR BE MADE
25 AVAILABLE TO ANY POLITICAL PARTY OR ASSOCIATION, OR THE CAMPAIGN
26 OF ANY CANDIDATE FOR PUBLIC OR PARTY OFFICE OR SIMILAR POLITICAL
27 ACTIVITIES OR TO SUPPORT OR OPPOSE CANDIDATES FOR PUBLIC OR
28 PARTY OFFICE OR TO SUPPORT OR OPPOSE ANY BALLOT QUESTIONS OR TO
29 ENGAGE IN LOBBYING ACTIVITIES, EXCEPT THAT:
30 (1) A RECIPIENT OF FUNDS MAY ENGAGE IN LOBBYING
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1 ACTIVITIES IN RESPONSE TO A REQUEST FROM A GOVERNMENTAL
2 AGENCY, LEGISLATIVE BODY, COMMITTEE, MEMBER OR STAFF THEREOF
3 MADE TO THE RECIPIENT, CONSISTENT WITH THE RULES OF
4 PROFESSIONAL CONDUCT.
5 (2) AN ELIGIBLE LEGAL SERVICES PROVIDER MAY ENGAGE IN
6 LOBBYING ACTIVITIES IN THE PROVISION OF LEGAL SERVICES TO AN
7 ELIGIBLE CLIENT ON A PARTICULAR APPLICATION, CLAIM OR CASE,
8 WHICH DIRECTLY INVOLVES THAT CLIENT'S LEGAL RIGHTS AND
9 RESPONSIBILITIES, HOWEVER THIS SHALL NOT BE CONSTRUED TO
10 PERMIT AN ELIGIBLE LEGAL SERVICES PROVIDER TO SOLICIT A
11 CLIENT, IN VIOLATION OF THE RULES OF PROFESSIONAL CONDUCT,
12 FOR THE PURPOSE OF MAKING SUCH REPRESENTATION POSSIBLE.
13 Section 5 6. Fees. <--
14 (a) Imposition.--The following additional fees shall be
15 imposed:
16 (1) An additional fee of $5 shall be charged and
17 collected by the prothonotaries of the Supreme Court,
18 Superior Court and Commonwealth Court for each first filing
19 IN A CIVIL APPEAL for which a fee, charge or cost is now <--
20 authorized.
21 (2) An additional fee of $5 shall be charged and
22 collected by the prothonotaries, clerks of orphans' courts,
23 register of wills or by any officials designated to perform
24 similar functions of all courts of common pleas, for each
25 first filing in a civil action or CIVIL legal proceeding for <--
26 which a fee, charge or cost is now authorized.
27 (3) An additional fee of $4 shall be charged and
28 collected by the minor judiciary, including district
29 justices, Philadelphia Municipal Court and Pittsburgh
30 Magistrates Court, for each first filing in a civil action or
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1 CIVIL legal proceeding for which a fee, charge or cost is now <--
2 authorized.
3 (4) An additional fee of $4 shall be charged and
4 collected by the recorders of deeds and clerks of court or by
5 any officials designated to perform similar functions, for
6 each filing of a deed, mortgage or property transfer for
7 which a fee, charge or cost is now authorized.
8 (b) Nature.--The fees collected in subsection (a) shall be
9 in addition to any court costs and filing fees authorized by
10 other provisions of law and shall be dedicated to the purposes
11 permitted for the Access to Justice Fund.
12 (c) Transfer.--Moneys collected shall be paid to the court
13 imposing the fee, which shall transfer them to the State
14 Treasurer for deposit into the Access to Justice Fund.
15 SECTION 7. DISTRIBUTION OF FUNDS. <--
16 ALL MONEYS DEPOSITED IN THE ACCESS TO JUSTICE FUND AND ANY
17 INVESTMENT INCOME ACCRUED ARE HEREBY ANNUALLY APPROPRIATED TO
18 THE ADMINISTRATIVE OFFICE OF THE PENNSYLVANIA COURTS AND SHALL
19 BE DISTRIBUTED ANNUALLY, UPON REQUISITION OF THE COURT
20 ADMINISTRATOR OF PENNSYLVANIA, TO THE PENNSYLVANIA INTEREST ON
21 LAWYERS TRUST ACCOUNT BOARD TO CONTRACT EXCLUSIVELY WITH
22 ELIGIBLE LEGAL SERVICES PROVIDERS FOR THE PURPOSE SET FORTH IN
23 SECTION 5(A). FUNDS RECEIVED BY THE PENNSYLVANIA INTEREST ON
24 LAWYERS TRUST ACCOUNT BOARD PURSUANT TO THIS ACT SHALL BE
25 MAINTAINED IN A SEPARATE ACCOUNT AND SHALL BE ACCOUNTED FOR
26 SEPARATELY FROM ANY OTHER FUNDS RECEIVED BY THE BOARD.
27 Section 6 8. Effective date. <--
28 This act shall take effect in 60 days.
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