PRIOR PRINTER'S NOS. 3211, 3541, 3677, PRINTER'S NO. 4289
4093, 4167, 4205
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, T. ARMSTRONG, GORDNER, HORSEY, BUTKOVITZ, CORRIGAN,
LESCOVITZ, KIRKLAND, VITALI, NAILOR, J. EVANS, YEWCIC, LEWIS,
ROBERTS, SAYLOR, KENNEY, MANN, STEELMAN, CAWLEY AND BELARDI,
JANUARY 30, 2002
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
SEPTEMBER 23, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 Judicial Computer System Augmentation Account; and
4 establishing the Access to Justice Account to provide for
5 civil legal services to indigent persons and for imposition
6 of fees.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 3733(a.1) of Title 42 of the Pennsylvania
10 Consolidated Statutes is amended to read:
1 § 3733. Deposits into account.
2 * * *
3 (a.1) Additional fees.--
4 (1) In addition to the court costs and filing fees
5 authorized to be collected by statute[, an]:
6 (i) An additional fee of [$5] $10 shall be charged
7 and collected by the prothonotaries of the Pennsylvania
8 Supreme, Superior and Commonwealth Courts for each
9 initial filing for which a fee, charge or cost is now
10 authorized.
11 (ii) An additional fee of [$5] $10 shall be charged
12 and collected by the prothonotaries, clerks of orphans'
13 courts and registers of wills of all courts of common
14 pleas, or by any officials designated to perform the
15 functions thereof, for the initiation of any civil action
16 or legal proceeding.
17 (iii) An additional fee of [$5] $10 shall be charged
18 by the clerks of courts of all courts of common pleas, or
19 by any officials designated to perform the functions
20 thereof, for the initiation of any criminal proceeding
21 for which a fee, charge or cost is now authorized and a
22 conviction is obtained or guilty plea is entered[, except
23 in misdemeanor cases in which case a fee of $1.50 will be
24 charged].
25 (iv) An additional fee of [$1.50] $10 shall be
26 charged and collected by the minor judiciary, including
27 district justices, Philadelphia Municipal Court,
28 Philadelphia Traffic Court and Pittsburgh Magistrates
29 Court, for the initiation of a legal proceeding for which
30 a fee or cost is now authorized, except that in criminal,
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1 summary and traffic matters the fee shall be charged only
2 when a conviction is obtained or guilty plea is entered.
3 [The additional fees]
4 (v) An additional fee of $10 shall be charged and
5 collected by the recorders of deeds and clerks of court,
6 or by any officials designated to perform similar
7 functions, for each filing of a deed, mortgage or
8 property transfer for which a fee, charge or cost is now
9 authorized.
10 (2) The additional fees identified in paragraph (1)
11 shall be fixed and charged for the fiscal years as indicated:
12 (i) For the fiscal year 2002-2003, $9 of each
13 additional fee shall be deposited into the Judicial
14 Computer System Augmentation Account[.] and $1 of each
15 additional fee shall be deposited into the Access to
16 Justice Account under section 4904 (relating to
17 establishment of Access to Justice Account).
18 (ii) For the fiscal years 2003-2004 and 2004-2005,
19 $8.50 of each additional fee shall be deposited into the
20 Judicial Computer System Augmentation Account and $1.50
21 of each additional fee shall be deposited into the Access
22 to Justice Account under section 4904.
23 (iii) For the fiscal year 2005-2006 and each fiscal
24 year thereafter, $8 of each additional fee shall be
25 deposited into the Judicial Computer System Augmentation
26 Account and $2 of each additional fee shall be deposited
27 into the Access to Justice Account under section 4904.
28 (3) The moneys charged and collected under this
29 subsection shall be paid to the court imposing the fee, which
30 shall transfer the moneys to the State Treasurer DEPARTMENT <--
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1 OF REVENUE for deposit into the appropriate account. For the
2 purposes of paragraph (1)(v), the court shall be the county <--
3 court of common pleas.
4 * * *
5 Section 2. Title 42 is amended by adding a chapter to read:
6 CHAPTER 49
7 ACCESS TO JUSTICE
8 Sec.
9 4901. Short title of chapter.
10 4902. Declaration.
11 4903. Definitions.
12 4904. Establishment of Access to Justice Account.
13 4905. Purpose of account.
14 4906. Distribution of funds.
15 4907. Expiration of chapter.
16 § 4901. Short title of chapter.
17 This chapter shall be known and may be cited as the Access to
18 Justice Act.
19 § 4902. Declaration.
20 The General Assembly finds and declares as follows:
21 (1) It is of paramount importance to the citizens of
22 this Commonwealth that all individuals who seek lawful
23 redress of their grievances have equal access to our system
24 of justice.
25 (2) The availability of civil legal services is
26 essential to providing meaningful access to justice for
27 indigent persons who cannot afford legal representation.
28 § 4903. Definitions.
29 The following words and phrases when used in this chapter
30 shall have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Account." The Access to Justice Account established in
3 section 4904 (relating to establishment of Access to Justice
4 Account).
5 "Eligible legal services provider." A not-for-profit entity
6 incorporated in this Commonwealth, tax exempt under section
7 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
8 514, 26 U.S.C. § 501(c)(3)), or any successor provision, which
9 operates within this Commonwealth for the primary purpose of
10 providing civil legal services without charge, and which
11 operates to provide such civil legal services to eligible
12 clients and victims of abuse under contract or subcontract with
13 the Department of Public Welfare for the expenditure of funds
14 appropriated by the General Assembly for the provision of legal
15 services.
16 "Lobbying activities." Any effort to influence Federal,
17 State or local legislative or administrative action, including,
18 but not limited to, activities intended to influence the
19 issuance, amendment or revocation of any executive or
20 administrative order or regulation of a Federal, State or local
21 agency, or to influence the introduction, amendment, passage or
22 defeat of any legislation by the Congress of the United States
23 or by any State or local legislative body.
24 § 4904. Establishment of Access to Justice Account.
25 There is established in the State Treasury a nonlapsing
26 restricted receipt account to be known as the Access to Justice
27 Account for the deposit of all fees authorized by this chapter.
28 § 4905. Purpose of account.
29 (a) Permitted use.--All moneys in the account and any
30 investment income accrued shall be used exclusively to provide
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1 civil legal assistance to poor and disadvantaged persons in this
2 Commonwealth. The Supreme Court shall, by rule, determine
3 eligibility for legal assistance under this subsection.
4 (b) Prohibited use.--Recipients of funds under this chapter
5 are prohibited from using these funds to contribute to or be
6 made available to any political party or association, or the
7 campaign of any candidate for public or party office or similar
8 political activities or to support or oppose candidates for
9 public or party office or to support or oppose any ballot
10 questions or to engage in lobbying activities, except that:
11 (1) A recipient of funds may engage in lobbying
12 activities in response to a request from a governmental
13 agency, legislative body, committee, member or staff thereof
14 made to the recipient, consistent with the Rules of
15 Professional Conduct.
16 (2) An eligible legal services provider may engage in
17 lobbying activities in the provision of legal services to an
18 eligible client on a particular application, claim or case,
19 which directly involves that client's legal rights and
20 responsibilities, however this shall not be construed to
21 permit an eligible legal services provider to solicit a
22 client, in violation of the Rules of Professional Conduct,
23 for the purpose of making such representation possible.
24 § 4906. Distribution of funds.
25 All moneys deposited in the account and any investment income
26 accrued are hereby annually appropriated to the Administrative
27 Office of the Pennsylvania Courts and shall be distributed
28 annually, upon requisition of the Court Administrator of
29 Pennsylvania, to the Pennsylvania Interest on Lawyers Trust
30 Account Board to contract exclusively with eligible legal
20020H2322B4289 - 6 -
1 services providers for the purpose set forth in section 4905(a)
2 (relating to purpose of account). Funds received by the
3 Pennsylvania Interest on Lawyers Trust Account Board pursuant to
4 this chapter shall be maintained in a separate account and shall
5 be accounted for separately from any other funds received by the
6 board.
7 § 4907. Expiration of chapter.
8 This chapter shall expire in three FIVE years. <--
9 Section 3. This act shall take effect August 1, 2002 <--
10 NOVEMBER 1, 2002, OR IMMEDIATELY, WHICHEVER IS LATER. <--
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