THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CALTAGIRONE, MARSICO AND EVERETT, JULY 15, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, AUGUST 19, 2009   

AN ACT

Amending Title Titles 23 (Domestic Relations) and 42 (Judiciary

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and Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for fees; providing for divorce

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fees; further providing for deposits into account and for

distribution of funds; and making a related repeal.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3733(a.1) and 4906 of Title 42 of the

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Pennsylvania Consolidated Statutes are amended to read:

Section 1.  Section 1105 of Title 23 of the Pennsylvania

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Consolidated Statutes is amended to read:

§ 1105.  Fees.

(a)  General rule.--The fee to be charged for issuing a

marriage license or declaration and for returns thereof to the

department shall be [$3] $28 of which $2.50 shall be retained by

the county wherein the license is issued and [50¢] $25.50 shall

be remitted to the Commonwealth.

(b)  Transmitting Commonwealth moneys.--All moneys collected

under this section for the Commonwealth shall be transmitted to

the State Treasurer no later than the tenth day of the following

month. Twenty-five dollars shall be forwarded to the Department

of Public Welfare for use for victims of domestic violence in

accordance with the provisions of section 2333 of the act of

April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929. The Department of Public Welfare shall certify

that the money will not be used to supplant Federal and State

funds otherwise available for domestic violence services.

Section 2.  Title 42 is amended by adding a section to read:

§ 3576.  Divorce fees.

(a)  Fee.--A fee of $15 shall be charged for the commencement

of an action for divorce or an action for annulment of marriage.

(b)  Transmitting Commonwealth money.--All money collected

under this section for the Commonwealth shall be transmitted to

the State Treasurer no later than the tenth day of the following

month. Money collected under subsection (a) shall be forwarded

to the Department of Public Welfare for use for victims of

domestic violence in accordance with the provisions of section

2333 of the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929. The Department of Public Welfare

shall certify that the money will not be used to supplant

Federal and State funds otherwise available for domestic

violence services.

Section 3.  Sections 3733(a.1) and 4906 of Title 42 are

amended to read:

§ 3733.  Deposits into account.

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(a.1)  Additional fees.--

(1)  [In] Except as provided under paragraph (2.1), in 

addition to the court costs and filing fees authorized to be

collected by statute:

(i)  An additional fee of $10 shall be charged and

collected by the prothonotaries of the Pennsylvania

Supreme, Superior and Commonwealth Courts for each

initial filing for which a fee, charge or cost is now

authorized.

(ii)  An additional fee of $10 shall be charged and

collected by the prothonotaries, clerks of orphans'

courts and registers of wills of all courts of common

pleas, or by any officials designated to perform the

functions thereof, for the initiation of any civil action

or legal proceeding.

(iii)  An additional fee of $10 shall be charged by

the clerks of courts of all courts of common pleas, or by

any officials designated to perform the functions

thereof, for the initiation of any criminal proceeding

for which a fee, charge or cost is now authorized and a

conviction is obtained or guilty plea is entered. The

additional fee under this subparagraph shall also be

charged and collected when a defendant is granted entry

into an Accelerated Rehabilitative Disposition program or

any other pretrial diversionary program.

(iv)  An additional fee of $10 shall be charged and

collected by the minor judiciary, including magisterial

district judges, Philadelphia Municipal Court,

Philadelphia Traffic Court and Pittsburgh [Magistrates] 

Municipal Court, for the initiation of a legal proceeding

for which a fee or cost is now authorized, except that in

criminal, summary and traffic matters the fee shall be

charged only when a conviction is obtained or guilty plea

is entered. The additional fee under this subparagraph

shall also be charged and collected when a defendant is

granted entry into an Accelerated Rehabilitative

Disposition program or any other pretrial diversionary

program.

(v)  An additional fee of $10 shall be charged and

collected by the recorders of deeds and clerks of court,

or by any officials designated to perform similar

functions, for each filing of a deed, mortgage or

property transfer for which a fee, charge or cost is now

authorized. The Supreme Court shall designate by

financial regulations which filings meet the criteria of

this subparagraph.

(2)  [The] Except as provided under paragraph (2.1), the 

additional fees identified in paragraph (1) shall be fixed

and charged for the fiscal years as indicated:

(i)  For the fiscal year 2002-2003, $9 of each

additional fee shall be deposited into the Judicial

Computer System Augmentation Account, and $1 of each

additional fee shall be deposited into the Access to

Justice Account under section 4904 (relating to

establishment of Access to Justice Account).

(ii)  For the fiscal years 2003-2004 and 2004-2005,

$8.50 of each additional fee shall be deposited into the

Judicial Computer System Augmentation Account, and $1.50

of each additional fee shall be deposited into the Access

to Justice Account under section 4904.

(iii)  For the fiscal year 2005-2006 and each fiscal

year thereafter, $8 of each additional fee shall be

deposited into the Judicial Computer System Augmentation

Account, and $2 of each additional fee shall be deposited

into the Access to Justice Account under section 4904.

(2.1)  (i)  In addition to the fees imposed under this

subsection, a surcharge of $23 $17 shall be charged and

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collected for a period of 25 months beginning on the

effective date of this paragraph to supplement the $10

additional fee provided under paragraph (1).

(ii)  The surcharge under subparagraph (i) may not be

imposed upon a conviction or guilty plea based upon the

filing of a traffic citation charging a Title 75

(relating to vehicles) offense classified as summary

under a State statute or local ordinance as provided in

the Pennsylvania Rules of Criminal Procedure.

(iii)  The surcharge under subparagraph (i) may not

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be imposed upon the commencement of an action for divorce

or an action for annulment of marriage.

(iii) (iv)  The surcharge under subparagraph (i)

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shall be apportioned as follows:

(A)  $20.35 $12.35 shall be deposited into the

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Judicial Computer System Augmentation Account.

(B)  $2.65 shall be deposited into the Access to

Justice Account under section 4904.

(iv) (C)  $2.00 shall be deposited into the Criminal

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Justice Enhancement Account.

(v)  The additional fee under paragraph (1) shall be

apportioned as follows:

(A)  $8 shall be deposited into the Judicial

Computer System Augmentation Account.

(B)  $2 shall be deposited into the Access to

Justice Account under section 4904.

(v) (vi)  The amount under subparagraph (iii)(A) (iv)

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(A) shall be transferred by the Supreme Court to the

Judicial Department, except for operations of the

Judicial Computer System, as needed to fund the Judicial

Department due to insufficiencies in a general

appropriation act.

(vi) (vii)  During the first 12 months of the period

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under subparagraph (i), the Administrative Office of

Pennsylvania Courts shall evaluate whether the amount of

the surcharge is appropriate and shall recommend to the

General Assembly whether it should be decreased,

increased or remain unchanged.

(3)  The moneys charged and collected under this

subsection shall be paid to the court imposing the fee, which

shall transfer the moneys to the Department of Revenue for

deposit into the appropriate account. For the purposes of

paragraph (1)(v), the court shall be the court of common

pleas.

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§ 4906.  Distribution of funds.

All moneys deposited in the account and any investment income

accrued are hereby [annually] appropriated to the Administrative

Office of the Pennsylvania Courts and shall be distributed

[annually], upon requisition of the Court Administrator of

Pennsylvania, to the Pennsylvania Interest on Lawyers Trust

Account Board to contract exclusively with eligible legal

services providers for the purpose set forth in section 4905(a)

(relating to purpose of account). Funds received by the

Pennsylvania Interest on Lawyers Trust Account Board pursuant to

this chapter shall be maintained in a separate account and shall

be accounted for separately from any other funds received by the

board.

Section 4.  Repeals are as follows:

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(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the amendment of 23

Pa.C.S. § 1105(a).

(2)  Section 19 of the act of August 22, 1953 (P.L.1344,

No.383), entitled "An act relating to marriage; and amending,

revising, consolidating and changing the law relating

thereto," is repealed.

Section 2 5.  This act shall take effect in 60 days.

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