THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WASHINGTON, ALLOWAY, ERICKSON, FONTANA, HUGHES, KITCHEN, McILHINNEY, MELLOW, MUSTO, O'PAKE, RAFFERTY, LEACH, STACK, STOUT, TARTAGLIONE, YAW, FARNESE, D. WHITE AND BROWNE, JUNE 5, 2009

REFERRED TO JUDICIARY, JUNE 5, 2009  

AN ACT

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

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, providing for funding for victims of domestic

violence from marriage and divorce fees; and making a related

repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1105(a) of Title 23 of the Pennsylvania

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] $38 of which $2.50 shall be retained by

the county wherein the license is issued and [50¢] $35.50 shall

be remitted to the Commonwealth. The money remitted to the

Commonwealth shall be transferred, by the tenth day of the month

after which it is collected, to the State Treasurer, and it

shall be placed in the General Fund. Of the money remitted to

the Commonwealth, $35 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 Commonwealth 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 $25 shall be charged for the commencement

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

(b)  Use.--The money collected under subsection (a) shall be

transferred to the State Treasurer, and it shall be placed in

the General Fund. The money 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 Commonwealth shall certify that the money will

not be used to supplant Federal and State funds otherwise

available for domestic violence services.

Section 3.  Repeals are as follows:

(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 4.  This act shall take effect in 60 days.