SENATE AMENDED
PRIOR PRINTER'S NOS. 3211, 3541, 3677, PRINTER'S NO. 4205
4093, 4167
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 AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 28, 2002
AN ACT
1 Establishing AMENDING TITLE 42 (JUDICIARY AND JUDICIAL <--
2 PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER
3 PROVIDING FOR THE JUDICIAL COMPUTER SYSTEM AUGMENTATION
4 ACCOUNT; AND ESTABLISHING the Access to Justice Account to
5 provide for civil legal services to indigent persons and for
6 imposition of fees.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title. <--
10 This act shall be known and may be cited as the Access to
1 Justice Act.
2 Section 2. Declaration of policy.
3 SECTION 1. SECTION 3733(A.1) OF TITLE 42 OF THE PENNSYLVANIA <--
4 CONSOLIDATED STATUTES IS AMENDED TO READ:
5 § 3733. DEPOSITS INTO ACCOUNT.
6 * * *
7 (A.1) ADDITIONAL FEES.--
8 (1) IN ADDITION TO THE COURT COSTS AND FILING FEES
9 AUTHORIZED TO BE COLLECTED BY STATUTE[, AN]:
10 (I) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED
11 AND COLLECTED BY THE PROTHONOTARIES OF THE PENNSYLVANIA
12 SUPREME, SUPERIOR AND COMMONWEALTH COURTS FOR EACH
13 INITIAL FILING FOR WHICH A FEE, CHARGE OR COST IS NOW
14 AUTHORIZED.
15 (II) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED
16 AND COLLECTED BY THE PROTHONOTARIES, CLERKS OF ORPHANS'
17 COURTS AND REGISTERS OF WILLS OF ALL COURTS OF COMMON
18 PLEAS, OR BY ANY OFFICIALS DESIGNATED TO PERFORM THE
19 FUNCTIONS THEREOF, FOR THE INITIATION OF ANY CIVIL ACTION
20 OR LEGAL PROCEEDING.
21 (III) AN ADDITIONAL FEE OF [$5] $10 SHALL BE CHARGED
22 BY THE CLERKS OF COURTS OF ALL COURTS OF COMMON PLEAS, OR
23 BY ANY OFFICIALS DESIGNATED TO PERFORM THE FUNCTIONS
24 THEREOF, FOR THE INITIATION OF ANY CRIMINAL PROCEEDING
25 FOR WHICH A FEE, CHARGE OR COST IS NOW AUTHORIZED AND A
26 CONVICTION IS OBTAINED OR GUILTY PLEA IS ENTERED[, EXCEPT
27 IN MISDEMEANOR CASES IN WHICH CASE A FEE OF $1.50 WILL BE
28 CHARGED].
29 (IV) AN ADDITIONAL FEE OF [$1.50] $10 SHALL BE
30 CHARGED AND COLLECTED BY THE MINOR JUDICIARY, INCLUDING
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1 DISTRICT JUSTICES, PHILADELPHIA MUNICIPAL COURT,
2 PHILADELPHIA TRAFFIC COURT AND PITTSBURGH MAGISTRATES
3 COURT, FOR THE INITIATION OF A LEGAL PROCEEDING FOR WHICH
4 A FEE OR COST IS NOW AUTHORIZED, EXCEPT THAT IN CRIMINAL,
5 SUMMARY AND TRAFFIC MATTERS THE FEE SHALL BE CHARGED ONLY
6 WHEN A CONVICTION IS OBTAINED OR GUILTY PLEA IS ENTERED.
7 [THE ADDITIONAL FEES]
8 (V) AN ADDITIONAL FEE OF $10 SHALL BE CHARGED AND
9 COLLECTED BY THE RECORDERS OF DEEDS AND CLERKS OF COURT,
10 OR BY ANY OFFICIALS DESIGNATED TO PERFORM SIMILAR
11 FUNCTIONS, FOR EACH FILING OF A DEED, MORTGAGE OR
12 PROPERTY TRANSFER FOR WHICH A FEE, CHARGE OR COST IS NOW
13 AUTHORIZED.
14 (2) OF THE THE ADDITIONAL FEES IDENTIFIED IN PARAGRAPH <--
15 (1) SHALL BE FIXED AND CHARGED FOR THE FISCAL YEARS AS <--
16 INDICATED:
17 (I) FOR THE FISCAL YEAR 2002-2003, $9 OF EACH
18 ADDITIONAL FEE SHALL BE DEPOSITED INTO THE JUDICIAL
19 COMPUTER SYSTEM AUGMENTATION ACCOUNT[.] AND UNTIL AUGUST <--
20 1, 2005, $1 OF EACH ADDITIONAL FEE SHALL BE DEPOSITED
21 INTO THE ACCESS TO JUSTICE ACCOUNT UNDER SECTION 4704 <--
22 4904 (RELATING TO ESTABLISHMENT OF ACCESS TO JUSTICE <--
23 ACCOUNT). THE <--
24 (II) FOR THE FISCAL YEARS 2003-2004 AND 2004-2005, <--
25 $8.50 OF EACH ADDITIONAL FEE SHALL BE DEPOSITED INTO THE
26 JUDICIAL COMPUTER SYSTEM AUGMENTATION ACCOUNT AND $1.50
27 OF EACH ADDITIONAL FEE SHALL BE DEPOSITED INTO THE ACCESS
28 TO JUSTICE ACCOUNT UNDER SECTION 4904.
29 (III) FOR THE FISCAL YEAR 2005-2006 AND EACH FISCAL
30 YEAR THEREAFTER, $8 OF EACH ADDITIONAL FEE SHALL BE
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1 DEPOSITED INTO THE JUDICIAL COMPUTER SYSTEM AUGMENTATION
2 ACCOUNT AND $2 OF EACH ADDITIONAL FEE SHALL BE DEPOSITED
3 INTO THE ACCESS TO JUSTICE ACCOUNT UNDER SECTION 4904.
4 (3) THE MONEYS CHARGED AND COLLECTED UNDER THIS
5 SUBSECTION SHALL BE PAID TO THE COURT IMPOSING THE FEE, WHICH
6 SHALL TRANSFER THE MONEYS TO THE STATE TREASURER FOR DEPOSIT
7 INTO THE APPROPRIATE ACCOUNT. FOR THE PURPOSES OF PARAGRAPH
8 (1)(V), THE COURT SHALL BE THE COUNTY COURT OF COMMON PLEAS.
9 * * *
10 SECTION 2. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:
11 CHAPTER 47 <--
12 ACCESS TO JUSTICE ACT
13 SEC.
14 4701. SHORT TITLE OF CHAPTER.
15 4702. DECLARATION.
16 4703. DEFINITIONS.
17 4704. ESTABLISHMENT OF ACCESS TO JUSTICE ACCOUNT.
18 4705. PURPOSE OF ACCOUNT.
19 4706. DISTRIBUTION OF FUNDS.
20 § 4701. SHORT TITLE OF CHAPTER.
21 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS ACCESS TO
22 JUSTICE ACT.
23 § 4702. DECLARATION.
24 The General Assembly finds and declares as follows:
25 (1) It is of paramount importance to the citizens of
26 this Commonwealth that all individuals who seek lawful
27 redress of their grievances have equal access to our system
28 of justice.
29 (2) The availability of civil legal services is
30 essential to providing meaningful access to justice for
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1 indigent persons who cannot afford legal representation.
2 Section 3 § 4703. Definitions. <--
3 The following words and phrases when used in this act CHAPTER <--
4 shall have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "ACCOUNT." THE ACCESS TO JUSTICE ACCOUNT ESTABLISHED IN <--
7 SECTION 4704 (RELATING TO ESTABLISHMENT OF ACCESS TO JUSTICE
8 ACCOUNT).
9 "Eligible legal services provider." A not-for-profit entity
10 incorporated in this Commonwealth, tax exempt under section
11 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
12 514, 26 U.S.C. § 501(c)(3)), or any successor provision, which
13 operates within this Commonwealth for the primary purpose of
14 providing civil legal services without charge, and which
15 operates to provide such civil legal services to eligible
16 clients and victims of abuse under contract or subcontract with
17 the Department of Public Welfare for the expenditure of funds
18 appropriated by the General Assembly for the provision of legal
19 services.
20 "Lobbying activities." Any effort to influence Federal,
21 State or local legislative or administrative action, including,
22 but not limited to, activities intended to influence the
23 issuance, amendment or revocation of any executive or
24 administrative order or regulation of a Federal, State or local
25 agency, or to influence the introduction, amendment, passage or
26 defeat of any legislation by the Congress of the United States
27 or by any State or local legislative body.
28 Section 4 § 4704. Establishment of Access to Justice Account. <--
29 There is established in the State Treasury a nonlapsing
30 restricted receipt account to be known as the Access to Justice
20020H2322B4205 - 5 -
1 Account for the deposit of all fees authorized by this act <--
2 CHAPTER. <--
3 Section 5. Purpose of Access to Justice Account. <--
4 § 4705. PURPOSE OF ACCOUNT. <--
5 (a) Permitted use.--All moneys in the Access to Justice <--
6 Account ACCOUNT and any investment income accrued shall be used <--
7 exclusively to provide civil legal assistance to poor and
8 disadvantaged persons in this Commonwealth. The Supreme Court
9 shall, by rule, determine eligibility for legal assistance under
10 this subsection.
11 (b) Prohibited use.--Recipients of funds under this act <--
12 CHAPTER are prohibited from using these funds to contribute to <--
13 or be made available to any political party or association, or
14 the campaign of any candidate for public or party office or
15 similar political activities or to support or oppose candidates
16 for public or party office or to support or oppose any ballot
17 questions or to engage in lobbying activities, except that:
18 (1) A recipient of funds may engage in lobbying
19 activities in response to a request from a governmental
20 agency, legislative body, committee, member or staff thereof
21 made to the recipient, consistent with the Rules of
22 Professional Conduct.
23 (2) An eligible legal services provider may engage in
24 lobbying activities in the provision of legal services to an
25 eligible client on a particular application, claim or case,
26 which directly involves that client's legal rights and
27 responsibilities, however this shall not be construed to
28 permit an eligible legal services provider to solicit a
29 client, in violation of the Rules of Professional Conduct,
30 for the purpose of making such representation possible.
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1 Section 6. Fees. <--
2 (a) Imposition.--The following additional fees shall be
3 imposed:
4 (1) An additional fee of $5 shall be charged and
5 collected by the prothonotaries of the Supreme Court,
6 Superior Court and Commonwealth Court for each first filing
7 in a civil appeal for which a fee, charge or cost is now
8 authorized.
9 (2) An additional fee of $5 shall be charged and
10 collected by the prothonotaries, clerks of orphans' courts,
11 register of wills or by any officials designated to perform
12 similar functions of all courts of common pleas, for each
13 first filing in a civil action or civil legal proceeding for
14 which a fee, charge or cost is now authorized.
15 (3) An additional fee of $4 shall be charged and
16 collected by the minor judiciary, including district
17 justices, Philadelphia Municipal Court and Pittsburgh
18 Magistrates Court, for each first filing in a civil action or
19 civil legal proceeding for which a fee, charge or cost is now
20 authorized.
21 (4) An additional fee of $4 shall be charged and
22 collected by the recorders of deeds and clerks of court or by
23 any officials designated to perform similar functions, for
24 each filing of a deed, mortgage or property transfer for
25 which a fee, charge or cost is now authorized.
26 (b) Nature.--The fees collected in subsection (a) shall be
27 in addition to any court costs and filing fees authorized by
28 other provisions of law and shall be dedicated to the purposes
29 permitted for the Access to Justice Account.
30 (c) Transfer.--Moneys collected shall be paid to the court
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1 imposing the fee, which shall transfer them to the State
2 Treasurer for deposit into the Access to Justice Account.
3 Section 7. Distribution of funds.
4 § 4706. DISTRIBUTION OF FUNDS. <--
5 All moneys deposited in the Access to Justice Account ACCOUNT <--
6 and any investment income accrued are hereby annually
7 appropriated to the Administrative Office of the Pennsylvania
8 Courts and shall be distributed annually, upon requisition of
9 the Court Administrator of Pennsylvania, to the Pennsylvania
10 Interest on Lawyers Trust Account Board to contract exclusively
11 with eligible legal services providers for the purpose set forth
12 in section 5(a) 4705(A) (RELATING TO PURPOSE OF ACCOUNT). Funds <--
13 received by the Pennsylvania Interest on Lawyers Trust Account
14 Board pursuant to this act CHAPTER shall be maintained in a <--
15 separate account and shall be accounted for separately from any
16 other funds received by the board.
17 Section 8. Effective date. <--
18 This act shall take effect in 60 days.
19 SECTION 3. THIS ACT SHALL TAKE EFFECT AUGUST 1, 2002. <--
20 CHAPTER 49 <--
21 ACCESS TO JUSTICE
22 SEC.
23 4901. SHORT TITLE OF CHAPTER.
24 4902. DECLARATION.
25 4903. DEFINITIONS.
26 4904. ESTABLISHMENT OF ACCESS TO JUSTICE ACCOUNT.
27 4905. PURPOSE OF ACCOUNT.
28 4906. DISTRIBUTION OF FUNDS.
29 4907. EXPIRATION OF CHAPTER.
30 § 4901. SHORT TITLE OF CHAPTER.
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1 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE ACCESS TO
2 JUSTICE ACT.
3 § 4902. DECLARATION.
4 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
5 (1) IT IS OF PARAMOUNT IMPORTANCE TO THE CITIZENS OF
6 THIS COMMONWEALTH THAT ALL INDIVIDUALS WHO SEEK LAWFUL
7 REDRESS OF THEIR GRIEVANCES HAVE EQUAL ACCESS TO OUR SYSTEM
8 OF JUSTICE.
9 (2) THE AVAILABILITY OF CIVIL LEGAL SERVICES IS
10 ESSENTIAL TO PROVIDING MEANINGFUL ACCESS TO JUSTICE FOR
11 INDIGENT PERSONS WHO CANNOT AFFORD LEGAL REPRESENTATION.
12 § 4903. DEFINITIONS.
13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
15 CONTEXT CLEARLY INDICATES OTHERWISE:
16 "ACCOUNT." THE ACCESS TO JUSTICE ACCOUNT ESTABLISHED IN
17 SECTION 4904 (RELATING TO ESTABLISHMENT OF ACCESS TO JUSTICE
18 ACCOUNT).
19 "ELIGIBLE LEGAL SERVICES PROVIDER." A NOT-FOR-PROFIT ENTITY
20 INCORPORATED IN THIS COMMONWEALTH, TAX EXEMPT UNDER SECTION
21 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-
22 514, 26 U.S.C. § 501(C)(3)), OR ANY SUCCESSOR PROVISION, WHICH
23 OPERATES WITHIN THIS COMMONWEALTH FOR THE PRIMARY PURPOSE OF
24 PROVIDING CIVIL LEGAL SERVICES WITHOUT CHARGE, AND WHICH
25 OPERATES TO PROVIDE SUCH CIVIL LEGAL SERVICES TO ELIGIBLE
26 CLIENTS AND VICTIMS OF ABUSE UNDER CONTRACT OR SUBCONTRACT WITH
27 THE DEPARTMENT OF PUBLIC WELFARE FOR THE EXPENDITURE OF FUNDS
28 APPROPRIATED BY THE GENERAL ASSEMBLY FOR THE PROVISION OF LEGAL
29 SERVICES.
30 "LOBBYING ACTIVITIES." ANY EFFORT TO INFLUENCE FEDERAL,
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1 STATE OR LOCAL LEGISLATIVE OR ADMINISTRATIVE ACTION, INCLUDING,
2 BUT NOT LIMITED TO, ACTIVITIES INTENDED TO INFLUENCE THE
3 ISSUANCE, AMENDMENT OR REVOCATION OF ANY EXECUTIVE OR
4 ADMINISTRATIVE ORDER OR REGULATION OF A FEDERAL, STATE OR LOCAL
5 AGENCY, OR TO INFLUENCE THE INTRODUCTION, AMENDMENT, PASSAGE OR
6 DEFEAT OF ANY LEGISLATION BY THE CONGRESS OF THE UNITED STATES
7 OR BY ANY STATE OR LOCAL LEGISLATIVE BODY.
8 § 4904. ESTABLISHMENT OF ACCESS TO JUSTICE ACCOUNT.
9 THERE IS ESTABLISHED IN THE STATE TREASURY A NONLAPSING
10 RESTRICTED RECEIPT ACCOUNT TO BE KNOWN AS THE ACCESS TO JUSTICE
11 ACCOUNT FOR THE DEPOSIT OF ALL FEES AUTHORIZED BY THIS CHAPTER.
12 § 4905. PURPOSE OF ACCOUNT.
13 (A) PERMITTED USE.--ALL MONEYS IN THE ACCOUNT AND ANY
14 INVESTMENT INCOME ACCRUED SHALL BE USED EXCLUSIVELY TO PROVIDE
15 CIVIL LEGAL ASSISTANCE TO POOR AND DISADVANTAGED PERSONS IN THIS
16 COMMONWEALTH. THE SUPREME COURT SHALL, BY RULE, DETERMINE
17 ELIGIBILITY FOR LEGAL ASSISTANCE UNDER THIS SUBSECTION.
18 (B) PROHIBITED USE.--RECIPIENTS OF FUNDS UNDER THIS CHAPTER
19 ARE PROHIBITED FROM USING THESE FUNDS TO CONTRIBUTE TO OR BE
20 MADE AVAILABLE TO ANY POLITICAL PARTY OR ASSOCIATION, OR THE
21 CAMPAIGN OF ANY CANDIDATE FOR PUBLIC OR PARTY OFFICE OR SIMILAR
22 POLITICAL ACTIVITIES OR TO SUPPORT OR OPPOSE CANDIDATES FOR
23 PUBLIC OR PARTY OFFICE OR TO SUPPORT OR OPPOSE ANY BALLOT
24 QUESTIONS OR TO ENGAGE IN LOBBYING ACTIVITIES, EXCEPT THAT:
25 (1) A RECIPIENT OF FUNDS MAY ENGAGE IN LOBBYING
26 ACTIVITIES IN RESPONSE TO A REQUEST FROM A GOVERNMENTAL
27 AGENCY, LEGISLATIVE BODY, COMMITTEE, MEMBER OR STAFF THEREOF
28 MADE TO THE RECIPIENT, CONSISTENT WITH THE RULES OF
29 PROFESSIONAL CONDUCT.
30 (2) AN ELIGIBLE LEGAL SERVICES PROVIDER MAY ENGAGE IN
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1 LOBBYING ACTIVITIES IN THE PROVISION OF LEGAL SERVICES TO AN
2 ELIGIBLE CLIENT ON A PARTICULAR APPLICATION, CLAIM OR CASE,
3 WHICH DIRECTLY INVOLVES THAT CLIENT'S LEGAL RIGHTS AND
4 RESPONSIBILITIES, HOWEVER THIS SHALL NOT BE CONSTRUED TO
5 PERMIT AN ELIGIBLE LEGAL SERVICES PROVIDER TO SOLICIT A
6 CLIENT, IN VIOLATION OF THE RULES OF PROFESSIONAL CONDUCT,
7 FOR THE PURPOSE OF MAKING SUCH REPRESENTATION POSSIBLE.
8 § 4906. DISTRIBUTION OF FUNDS.
9 ALL MONEYS DEPOSITED IN THE ACCOUNT AND ANY INVESTMENT INCOME
10 ACCRUED ARE HEREBY ANNUALLY APPROPRIATED TO THE ADMINISTRATIVE
11 OFFICE OF THE PENNSYLVANIA COURTS AND SHALL BE DISTRIBUTED
12 ANNUALLY, UPON REQUISITION OF THE COURT ADMINISTRATOR OF
13 PENNSYLVANIA, TO THE PENNSYLVANIA INTEREST ON LAWYERS TRUST
14 ACCOUNT BOARD TO CONTRACT EXCLUSIVELY WITH ELIGIBLE LEGAL
15 SERVICES PROVIDERS FOR THE PURPOSE SET FORTH IN SECTION 4905(A)
16 (RELATING TO PURPOSE OF ACCOUNT). FUNDS RECEIVED BY THE
17 PENNSYLVANIA INTEREST ON LAWYERS TRUST ACCOUNT BOARD PURSUANT TO
18 THIS CHAPTER SHALL BE MAINTAINED IN A SEPARATE ACCOUNT AND SHALL
19 BE ACCOUNTED FOR SEPARATELY FROM ANY OTHER FUNDS RECEIVED BY THE
20 BOARD.
21 § 4907. EXPIRATION OF CHAPTER.
22 THIS CHAPTER SHALL EXPIRE IN THREE YEARS.
23 SECTION 3. THIS ACT SHALL TAKE EFFECT AUGUST 1, 2002.
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