Friday, September 25, 2009

PBA Legislative Alert: Court Filing Fee Legislation Passes the House

The following was received via email from the PBA:

HB 1861, sponsored by Rep. Thomas R. Caltagirone (D-Berks) amends Title 42 (Judiciary) further providing for deposits into account by imposing a court filing fee increase of $23 to be charged and collected for a period of 25 months to supplement the $10 additional fee already existing. The bill outlines how both fees are to be dispersed. On Aug. 19, a floor amendment authored by Rep. Ron Marsico (R-Dauphin) was adopted which reduces the surcharge from $23 to $17 and makes changes to the apportionment of the surcharge. The amendment also increases the fee for issuing a marriage license or declaration from $3 to $28 of which $2.50 shall be retained by the county where the license is issued and $25.50 shall be remitted to the Commonwealth of which $25 shall be forwarded to the Department of Public Welfare for use for victims of domestic violence. The amendment also adds a new section in Title 42 (Judiciary) providing a fee of $15 shall be charged for the commencement of an action for divorce or an action for annulment of marriage, and the money collected shall be forwarded to the department for use for victims of domestic violence.

HB 1861 was voted favorably out of the House on Wednesday, Sept. 16 by a vote of 145 to 52. It was received in the Senate and referred to the Senate Judiciary Committee on Thursday, Sept. 17.


The PBA supports full funding for the courts through the General Fund budget; however, in the absence of adequate funding, the PBA supports a court filing fee increase of a reasonable amount, but not to exceed $12, for a period of not more than two years in order to fund the gap in judiciary funding.

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