North Carolina HB 1389: Funding for Legal Services.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H 1

HOUSE BILL 1389*

Short Title: Funding for Legal Services. (Public)

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Sponsors: Representatives Allred; Beall, Cole, Davis, Luebke, and Sutton.

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Referred to: Judiciary I, if favorable, Finance.

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May 21, 1998

A BILL TO BE ENTITLED 1
AN ACT TO DEDICATE A PORTION OF COURT COSTS TO PROVIDE ACCESS 2
TO CIVIL JUSTICE. 3
The General Assembly of North Carolina enacts: 4
Section 1. G.S. 7A-304(a)(4) reads as rewritten: 5
"(4) For support of the General Court of Justice, the sum of sixty-one dollars 6
($61.00) in the district court, including cases before a magistrate, and 7
the sum of sixty-eight dollars ($68.00) in the superior court, to be 8
remitted to the State Treasurer. The State Treasurer shall remit a 9
portion of each fee collected under this subdivision, in an amount equal 10
to that specified in the table below, to the North Carolina State Bar for 11
the provision of services described in G.S. 7A-474.4: 12
Fiscal year Amount 13
1998-99 $4.00 14
1999-00 6.00 15
2000-01 7.00 16
2001-02 8.00 17
2002-03 9.00 18
2003-04 and after 10.00." 19
Section 2. G.S. 7A-305(a)(2) reads as rewritten: 20

GENERAL ASSEMBLY OF NORTH CAROLINA 1997
Page 2 HOUSE BILL 1389* version 1
"(2) For support of the General Court of Justice, the sum of fifty-five dollars 1
($55.00) in the superior court, and the sum of forty dollars ($40.00) in 2
the district court except that if the case is assigned to a magistrate the 3
sum shall be twenty-eight dollars ($28.00). Sums collected under this 4
subsection subdivision shall be remitted to the State Treasurer. The State 5
Treasurer shall remit a portion of each fee collected under this 6
subdivision, in an amount equal to that specified in the table below, to 7
the North Carolina State Bar for the provision of services described in 8
G.S. 7A-474.4: 9
Fiscal year Amount 10
1998-99 $4.00 11
1999-00 6.00 12
2000-01 7.00 13
2001-02 8.00 14
2002-03 9.00 15
2003-04 and after 10.00." 16
Section 3. G.S. 7A-306(a)(2) reads as rewritten: 17
"(2) For support of the General Court of Justice the sum of twenty-six 18
dollars ($26.00). In addition, in proceedings involving land, except 19
boundary disputes, if the fair market value of the land involved is over 20
one hundred dollars ($100.00), there shall be an additional sum of thirty 21
cents (30¢) per one hundred dollars ($100.00) of value, or major 22
fraction thereof, not to exceed a maximum additional sum of two 23
hundred dollars ($200.00). Fair market value is determined by the sale 24
price if there is a sale, the appraiser's valuation if there is no sale, or the 25
appraised value from the property tax records if there is neither a sale 26
nor an appraiser's valuation. Sums collected under this subsection 27
subdivision shall be remitted to the State Treasurer. The State Treasurer 28
shall remit a portion of each fee collected under this subdivision, in an 29
amount equal to that specified in the table below, to the North Carolina 30
State Bar for the provision of services described in G.S. 7A-474.4: 31
Fiscal year Amount 32
1998-99 $4.00 33
1999-00 6.00 34
2000-01 7.00 35
2001-02 8.00 36
2002-03 9.00 37
2003-04 and after 10.00." 38
Section 4. G.S. 7A-307(a)(2) reads as rewritten: 39
"(2) For support of the General Court of Justice, the sum of twenty-six 40
dollars ($26.00), plus an additional forty cents (40¢) per one hundred 41
dollars ($100.00), or major fraction thereof, of the gross estate, not to 42
exceed three thousand dollars ($3,000). Gross estate shall include the 43

GENERAL ASSEMBLY OF NORTH CAROLINA 1997
HOUSE BILL 1389* version 1 Page 3
fair market value of all personalty when received, and all proceeds from 1
the sale of realty coming into the hands of the fiduciary, but shall not 2
include the value of realty. In collections of personal property by 3
affidavit, the fee based on the gross estate shall be computed from the 4
information in the final affidavit of collection made pursuant to G.S. 5
28A-25-3 and shall be paid when that affidavit is filed. In all other 6
cases, this fee shall be computed from the information reported in the 7
inventory and shall be paid when the inventory is filed with the clerk. If 8
additional gross estate, including income, comes into the hands of the 9
fiduciary after the filing of the inventory, the fee for such additional 10
value shall be assessed and paid upon the filing of any account or report 11
disclosing such additional value. For each filing the minimum fee shall 12
be ten dollars ($10.00). Sums collected under this subsection subdivision 13
shall be remitted to the State Treasurer. The State Treasurer shall remit a 14
portion of each fee collected under this subdivision, in an amount equal 15
to that specified in the table below, to the North Carolina State Bar for 16
the provision of services described in G.S. 7A-