PRIOR PRINTER'S NOS. 3211, 3541 PRINTER'S NO. 3677
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 15, 2002
AN ACT
1 Establishing the Access to Justice Fund ACCOUNT to provide for <--
2 civil legal services to indigent persons and for imposition
3 of 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 4. Establishment of Access to Justice Fund ACCOUNT. <--
3 There is established in the State Treasury a nonlapsing
4 restricted receipts fund RECEIPT ACCOUNT to be known as the <--
5 Access to Justice Fund ACCOUNT for the deposit of all fees <--
6 authorized by this act.
7 Section 5. Purpose of Access to Justice Fund ACCOUNT. <--
8 (a) Permitted use.--All moneys in the Access to Justice Fund <--
9 ACCOUNT and any investment income accrued shall be used <--
10 exclusively to provide civil legal assistance to poor and
11 disadvantaged persons in this Commonwealth. The Supreme Court
12 shall, by rule, determine eligibility for legal assistance under
13 this subsection.
14 (b) Prohibited use.--Recipients of funds under this act are
15 prohibited from using these funds to contribute to or be made
16 available to any political party or association, or the campaign
17 of any candidate for public or party office or similar political
18 activities or to support or oppose candidates for public or
19 party office or to support or oppose any ballot questions or to
20 engage in lobbying activities, except that:
21 (1) A recipient of funds may engage in lobbying
22 activities in response to a request from a governmental
23 agency, legislative body, committee, member or staff thereof
24 made to the recipient, consistent with the Rules of
25 Professional Conduct.
26 (2) An eligible legal services provider may engage in
27 lobbying activities in the provision of legal services to an
28 eligible client on a particular application, claim or case,
29 which directly involves that client's legal rights and
30 responsibilities, however this shall not be construed to
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1 permit an eligible legal services provider to solicit a
2 client, in violation of the Rules of Professional Conduct,
3 for the purpose of making such representation possible.
4 Section 6. Fees.
5 (a) Imposition.--The following additional fees shall be
6 imposed:
7 (1) An additional fee of $5 shall be charged and
8 collected by the prothonotaries of the Supreme Court,
9 Superior Court and Commonwealth Court for each first filing
10 in a civil appeal for which a fee, charge or cost is now
11 authorized.
12 (2) An additional fee of $5 shall be charged and
13 collected by the prothonotaries, clerks of orphans' courts,
14 register of wills or by any officials designated to perform
15 similar functions of all courts of common pleas, for each
16 first filing in a civil action or civil legal proceeding for
17 which a fee, charge or cost is now authorized.
18 (3) An additional fee of $4 shall be charged and
19 collected by the minor judiciary, including district
20 justices, Philadelphia Municipal Court and Pittsburgh
21 Magistrates Court, for each first filing in a civil action or
22 civil legal proceeding for which a fee, charge or cost is now
23 authorized.
24 (4) An additional fee of $4 shall be charged and
25 collected by the recorders of deeds and clerks of court or by
26 any officials designated to perform similar functions, for
27 each filing of a deed, mortgage or property transfer for
28 which a fee, charge or cost is now authorized.
29 (b) Nature.--The fees collected in subsection (a) shall be
30 in addition to any court costs and filing fees authorized by
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1 other provisions of law and shall be dedicated to the purposes
2 permitted for the Access to Justice Fund ACCOUNT. <--
3 (c) Transfer.--Moneys collected shall be paid to the court
4 imposing the fee, which shall transfer them to the State
5 Treasurer for deposit into the Access to Justice Fund ACCOUNT. <--
6 Section 7. Distribution of funds.
7 All moneys deposited in the Access to Justice Fund ACCOUNT <--
8 and any investment income accrued are hereby annually
9 appropriated to the Administrative Office of the Pennsylvania
10 Courts and shall be distributed annually, upon requisition of
11 the Court Administrator of Pennsylvania, to the Pennsylvania
12 Interest on Lawyers Trust Account Board to contract exclusively
13 with eligible legal services providers for the purpose set forth
14 in section 5(a). Funds received by the Pennsylvania Interest on
15 Lawyers Trust Account Board pursuant to this act shall be
16 maintained in a separate account and shall be accounted for
17 separately from any other funds received by the board.
18 Section 8. Effective date.
19 This act shall take effect in 60 days.
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