PRINTER'S NO. 3044
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
416
Session of
2024
INTRODUCED BY D. MILLER, MAY 3, 2024
REFERRED TO COMMITTEE ON JUDICIARY, MAY 3, 2024
A RESOLUTION
Directing the Legislative Budget and Finance Committee to
conduct a study and issue a report on the court system's
financial stability and its dependence on fines and fees.
WHEREAS, Our Commonwealth's judicial system originated as a
disparate collection of local part-time courts inherited from
the reign of the Duke of York and established by William Penn;
and
WHEREAS, The colony of Pennsylvania took major steps toward
unifying its judicial system by passing the Judiciary Act of
1722; and
WHEREAS, The act established the Supreme Court and the
Philadelphia County, Chester County and Bucks County courts of
common pleas; and
WHEREAS, In 1776, Pennsylvania adopted its first
constitution, often described as the most democratic in America;
and
WHEREAS, Its declaration of rights was a major source for the
Federal Bill of Rights; and
WHEREAS, The 1776 Constitution of Pennsylvania provided the
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right to vote for all men who paid taxes; and
WHEREAS, The 1776 Constitution of Pennsylvania set the stage
for the development of a Statewide judicial system, establishing
the courts of common pleas, orphans' courts and courts of
session in each county; and
WHEREAS, In 1790, Pennsylvania adopted a new constitution,
which has been described as a model constitution; and
WHEREAS, The 1790 Constitution of Pennsylvania created a
bicameral legislature elected by the citizens of this
Commonwealth and made other changes to the judiciary with the
intent to decrease the Supreme Court workload; and
WHEREAS, The 1790 Constitution of Pennsylvania placed a
president judge at the head of every court of common pleas and
grouped counties into judicial districts; and
WHEREAS, In 1895, the General Assembly established the
Superior Court to further decrease the Supreme Court workload;
and
WHEREAS, In 1968, Pennsylvania adopted a new constitution,
making further changes to the judiciary; and
WHEREAS, The 1968 Constitution of Pennsylvania established a
unified judicial system as well as community courts and the
Philadelphia Municipal Court; and
WHEREAS, The 1968 Constitution of Pennsylvania added an
intermediate appellate court, the Commonwealth Court; and
WHEREAS, There has been a recent trend in which states are
increasing civil and criminal court fees and charges while
expanding the categories of offenses that trigger the imposition
of fines; and
WHEREAS, The budget of the judiciary is made up of three
components: general appropriations, statutory surcharges known
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collectively as Act 49 fees, which provide revenue to augment
general appropriations to fund operations of the court system,
and statutory-based fees and collection-based revenue to fund
the entirety of the Judicial Computer System (JCS); and
WHEREAS, The general appropriations of the judicial branch
account for less than 1% of the entire State budget; and
WHEREAS, Reliance on the Act 49 fees portion of the
judiciary's budget grew from $28 million, or 7%, in 2016-2017,
to $85 million, or 19%, in 2022-2023, at a time when revenue was
flat or declining; and
WHEREAS, The JCS is entirely funded by two revenue streams:
fines, fees and costs collected that exceed an amount collected
from such sources in fiscal year 1986-1987, and a fee assessed
on initial filings on all levels of court; and
WHEREAS, JCS revenue from the two sources has been steadily
declining from a peak of $65 million in 2007-2008 to $31.1
million in 2022-2023; therefore be it
RESOLVED, That the House of Representatives direct the
Legislative Budget and Finance Committee to conduct a study and
issue a report on the court system's financial stability and its
dependence on fines and fees; and be it further
RESOLVED, That the study:
(1) Identify and examine the similarities and
differences in the various ways the states choose to fund
their court systems.
(2) Examine and analyze the historical roots of funding
court systems through fines and fees throughout the United
States.
(3) Analyze the effect of court dependence on fines and
fees on different population groups as measured by
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socioeconomic status.
(4) Examine and analyze whether and how cost shifting
across various levels of government incentivizes the trend
toward reliance on fees and fines for revenue.
(5) Identify and quantify the various costs associated
with the collateral consequences imposed on individuals,
their families and communities who cannot afford to pay the
fines or fees.
(6) Identify and quantify the various costs associated
with the collection of fines and fees and related
enforcement;
and be it further
RESOLVED, That the Legislative Budget and Finance Committee
consult with other states having relevant records or knowledge
of relevant issues; and be it further
RESOLVED, That the Legislative Budget and Finance Committee
consult with organizations that:
(1) Collect and analyze financial data related to the
Commonwealth's court system.
(2) Collect and analyze financial data related to the
Federal court system.
(3) Collect and collate data on the collateral
consequences of convictions.
(4) Have knowledge of relevant issues;
and be it further
RESOLVED, That the Legislative Budget and Finance Committee
submit a report of its findings and recommendations to the
chairperson and minority chairperson of the Judiciary Committee
of the Senate, the chairperson and minority chairperson of the
Judiciary Committee of the House of Representatives, the
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chairperson and minority chairperson of the Appropriations
Committee of the Senate and the chairperson and minority
chairperson of the Appropriations Committee of the House of
Representatives no later than 18 months after the adoption of
this resolution.
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