Editorial: Pennsylvania lawmakers can fix filing fee problem

Now is the time to get a divorce in Pennsylvania.

Because of a failure of the state Legislature to pass legislation, a surcharge on court filings has lapsed. The $21.25 fee can’t be charged because the law authorizing it expired Aug. 1. Lawmakers haven’t passed new legislation that would pick up where the old law left off.

That means all manner of official documents that have to be recorded in the state are subject to de facto sale price.

It is unlikely anyone is going to buy a house, get a mortgage or file a lawsuit just to take advantage of a discount that amounts to the cost of a couple of footlong subs. The lack of surcharge will be a happy surprise to most people who benefit from it.

But there will be a cost to all Pennsylvanians.

The surcharge amounted to $48 million in 2022. That breaks down to roughly $4 million a month, or about $1 million a week.

Even easy things involving Harrisburg have a tendency to take time. Timelines never seem to mean much to Harrisburg, as evidenced by the fact the budget was due by June 30 and only passed on Thursday, 34 days late.

That begs the question: How long will it take for new legislation to be passed? Once that happens, how much money will have been lost? How will that shortfall be made up?

Then there’s the issue of how complicated this is for the county offices that have to collect the money. Some fees won’t be collected. Others will be refunded, according to Westmoreland County Prothonotary Gina O’Barto, but Westmoreland County Recorder of Deeds Frank Schiefer says sorting that out is the state’s job.

“I don’t know why they don’t just make the fee permanent. We know they are not going to reduce it,” he said.

He has a point, and this is the perfect time to address it.

The Legislature has to pass a new law anyway. When they do, they should take steps to prevent future lapses and make the process less confusing, which will save time, money and headaches.

Unless you are trying to save $20 on your divorce.