GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 1139*

Short Title:  Increase Court Fees.	(Public)
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Sponsors: Senator Odom.
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Referred to:  Rules Suspended Referred to Finance.
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May 11, 1993

A BILL TO BE ENTITLED
AN ACT TO ELIMINATE THE EXEMPTION FROM COURT COSTS FOR SEAT BELT, HELMET, HEADLIGHT, ABC, AND HUNTING VIOLATIONS, TO IMPOSE A FEE FOR REPORTING FAILURES TO APPEAR AND COMPLY, AND TO INCREASE FEES IN THE GENERAL COURT OF JUSTICE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-135.2A(e) reads as rewritten:
"(e)	Any person violating this section during the period from October 1, 1985, to December 31, 1986, shall be given a warning of violation only. Thereafter, any person violating this section shall have committed an infraction and shall pay a penalty of no more than twenty-five dollars ($25.00). An infraction is an unlawful act that is not a crime. The procedure for charging and trying an infraction is the same as for a misdemeanor, but conviction of an infraction has no consequence other than payment of a penalty and  court costs."
Sec. 2.  G.S. 20-129(a) reads as rewritten:
"(a)	When Vehicles Must Be Equipped. – Every vehicle upon a highway within this State shall be equipped with lighted headlamps and rear lamps as required for different classes of vehicles, and subject to exemption with reference to lights on parked vehicles as declared in G.S. 20-134:
(1)	During the period from sunset to sunrise,
(2)	When there is not sufficient light to render clearly discernible any person on the highway at a distance of 400 feet ahead, or
(3) 	Repealed by Session Laws 1989 (Reg. Sess., 1990), c. 822, s. 1.
(4)	At any other time when windshield wipers are in use as a result of smoke, fog, rain, sleet, or snow, or when inclement weather or environmental factors severely reduce the ability to clearly discern persons and vehicles on the street and highway at a distance of 500 feet ahead, provided, however, the provisions of this subdivision shall not apply to instances when windshield wipers are used intermittently in misting rain, sleet, or snow.  Any person violating this subdivision during the period from October 1, 1990, through December 31, 1991, shall be given a warning of the violation only.  Thereafter, any person violating this subdivision shall have committed an infraction and shall pay a penalty of no more than five dollars ($5.00) and shall be assessed court costs.  No drivers license points, insurance points or premium surcharge shall be assessed on account of violation of this subdivision and no negligence or liability shall be assessed on or imputed to any party on account of a violation of this subdivision.  The Commissioner of Motor Vehicles and the Superintendent of Public Instruction shall incorporate into driver education programs and driver licensing programs instruction designed to encourage compliance with this subdivision as an important means of reducing accidents by making vehicles more discernible during periods of limited visibility."
Sec. 3.  G.S. 18B-302(i) reads as rewritten:
"(i)	Purchase or Possession by 19 or 20-Year Old. – A violation of  subdivision (b)(1) of this section by a person who is 19 or 20 years old is an infraction and is punishable by a penalty of not more than twenty-five dollars ($25.00). An infraction is an unlawful act that is not a crime. The procedure for charging and trying an infraction is the same as for a misdemeanor, but conviction of an infraction has no consequence other than payment of a penalty and court costs."
Sec. 4.  G.S. 113-291.8(b) reads as rewritten:
"(b)	Any person violating this section during the 1987 big game hunting season shall be given a warning of violation only.  Thereafter, any person violating this section has committed an infraction and shall pay a penalty of not more than twenty-five dollars ($25.00).  An infraction is an unlawful act that is not a crime.  The procedure for charging and trying an infraction is the same as for a misdemeanor, but conviction of an infraction has no consequence other than payment of a penalty and court costs.
Wildlife Enforcement Officers are authorized to charge persons with the infraction created by this section."
Sec. 5.  G.S. 7A-304(a) reads as rewritten:
"(a)	In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed and collected, except that when the judgment imposes an active prison sentence, costs shall be assessed and collected only when the judgment specifically so provides, and that no costs may be assessed when a case is dismissed.
(1)	For each arrest or personal service of criminal process, including citations and subpoenas, the sum of five dollars ($5.00), to be remitted to the county wherein the arrest was made or process was served, except that in those cases in which the arrest was made or process served by a law-enforcement officer employed by a municipality, the fee shall be paid to the municipality employing the officer.
(2)	For the use of the courtroom and related judicial facilities, the sum of six dollars ($6.00) in the district court, including cases before a magistrate, and the sum of twenty-four dollars ($24.00) in superior court, to be remitted to the county in which the judgment is rendered. In all cases where the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used exclusively by the county or municipality for providing, maintaining, and constructing adequate courtroom and related judicial facilities, including: adequate space and furniture for judges, district attorneys, public defenders, magistrates, juries, and other court related personnel; office space, furniture and vaults for the clerk; jail and juvenile detention facilities; free parking for jurors; and a law library (including books) if one has heretofore been established or if the governing body hereafter decides to establish one. In the event the funds derived from the facilities fees exceed what is needed for these purposes, the county or municipality may, with the approval of the Administrative Officer of the Courts as to the amount, use any or all of the excess to retire outstanding indebtedness incurred in the construction of the facilities, or to reimburse the county or municipality for funds expended in constructing or renovating the facilities (without incurring any indebtedness) within a period of two years before or after the date a district court is established in such county, or to supplement the operations of the General Court of Justice in the county.
(3)	For the retirement and insurance benefits of both State and local government law-enforcement officers, the sum of seven dollars and twenty-five cents ($7.25), to be remitted to the State Treasurer. Fifty cents (50¢) of this sum shall be administered as is provided in Article 12C of Chapter 143 of the General Statutes. Five dollars and seventy-five cents ($5.75) of this sum shall be administered as is provided in Article 12E of Chapter 143 of the General Statutes, with one dollar and twenty-five cents ($1.25) being administered in accordance with the provisions of G.S. 143-166.50(e). One dollar ($1.00) of this sum shall be administered as is provided in Article 12F of Chapter 143 of the General Statutes.
(3a)	For the supplemental pension benefits of sheriffs, the sum of seventy-five cents (75¢) to be remitted to the Department of Justice and administered under the provisions of Article 12G of Chapter 143 of the General Statutes.
(4)	For support of the General Court of Justice, the sum of forty-one dollars ($41.00) in the district court, including cases before a magistrate, and the sum of forty-eight dollars ($48.00) in the superior court, to be remitted to the State Treasurer.
(5)	For using pretrial release services, the district or superior court judge shall, upon conviction, impose a fee of fifteen dollars ($15.00) to be remitted to the county providing the pretrial release services. This cost shall be assessed and collected only if the defendant had been accepted and released to the supervision of the agency providing the pretrial release services.
(6)	For support of the General Court of Justice, upon the issuance by the clerk of a report to the Division of Motor Vehicles pursuant to G.S. 20-24.2, the sum of twenty-five dollars ($25.00), to be remitted to the State Treasurer."
Sec. 6.  G.S. 7A-305(a) reads as rewritten:
"(a)	In every civil action in the superior or district court the following costs shall be assessed:
(1)	For the use of the courtroom and related judicial facilities, the sum of six dollars ($6.00) in cases heard before a magistrate, and the sum of ten dollars ($10.00) in district and superior court, to be remitted to the county in which the judgment is rendered, except that in all cases in which the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(2)	For support of the General Court of Justice, the sum of fifty-six dollars ($56.00) in the superior court, and the sum of forty-one dollars ($41.00) in the district court except that if the case is assigned to a magistrate the sum shall be twenty-nine dollars ($29.00).  Sums collected under this subsection shall be remitted to the State Treasurer."
Sec. 7.  G.S. 7A-306 reads as rewritten:
"§ 7A-306.  Costs in special proceedings.
	(a)	In every special proceeding in the superior court, the following costs shall be assessed:
(1)	For the use of the courtroom and related judicial facilities, the sum of four dollars ($4.00) to be remitted to the county. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(2)	For support of the General Court of Justice the sum of twenty-seven dollars ($27.00).  In addition, in proceedings involving land, except boundary disputes, if the fair market value of the land involved is over one hundred dollars ($100.00), there shall be an additional sum of thirty cents (30¢) per one hundred dollars ($100.00) of value, or major fraction thereof, not to exceed a maximum additional sum of two hundred dollars ($200.00). Fair market value is determined by the sale price if there is a sale, the appraiser's valuation if there is no sale, or the appraised value from the property tax records if there is neither a sale nor an appraiser's valuation. Sums collected under this subsection shall be remitted to the State Treasurer.
(b)	The facilities fee and twenty-seven dollars ($27.00) of the General Court of Justice fee are payable at the time the proceeding is initiated.
(c)	The following additional expenses, when incurred, are assessable or recoverable, as the case may be:
(1)	Witness fees, as provided by law.
(2)	Counsel fees, as provided by law.
(3)	Costs on appeal, of the original transcript of testimony, if any, insofar as essential to the appeal.
(4)	Fees for personal service of civil process, and other sheriff's fees, and for service by publication, as provided by law.
(5)	Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law. The fees of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary.
(d)	Costs assessed before the clerk shall be added to costs assessable on appeal to the judge or upon transfer to the civil issue docket.
(e)	Nothing in this section shall affect the liability of the respective parties for costs, as provided by law.
(f)	This section does not apply to a foreclosure under power of sale in a deed of trust or mortgage."
Sec. 8.  G.S. 7A-307 reads as rewritten:
"§ 7A-307.  Costs in administration of estates.
	(a)	In the administration of the estates of decedents, minors, incompetents, of missing persons, and of trusts under wills and under powers of attorney, and in collections of personal property by affidavit, the following costs shall be assessed:
(1)	For the use of the courtroom and related judicial facilities, the sum of four dollars ($4.00), to be remitted to the county. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.
(2)	For support of the General Court of Justice, the sum of twenty-seven dollars ($27.00), plus an additional forty cents (40¢) per one hundred dollars ($100.00), or major fraction thereof, of the gross estate, not to exceed three thousand dollars ($3,000). Gross estate shall include the fair market value of all personalty when received, and all proceeds from the sale of realty coming into the hands of the fiduciary, but shall not include the value of realty. In collections of personal property by affidavit, the fee based on the gross estate shall be computed from the information in the final affidavit of collection made pursuant to G.S. 28A-25-3 and shall be paid when that affidavit is filed. In all other cases, this fee shall be computed from the information reported in the inventory and shall be paid when the inventory is filed with the clerk. If additional gross estate, including income, comes into the hands of the fiduciary after the filing of the inventory, the fee for such additional value shall be assessed and paid upon the filing of any account or report disclosing such additional value. For each filing the minimum fee shall be ten dollars ($10.00). Sums collected under this subsection shall be remitted to the State Treasurer.
(2a)	Notwithstanding subdivision (2) of this subsection, the fee of forty cents (40¢) per one hundred dollars ($100.00), or major fraction, of the gross estate, not to exceed three thousand dollars ($3,000), shall not be assessed on personalty received by a trust under a will when the estate of the decedent was administered under Chapters 28 or 28A of the General Statutes. Instead, a fee of fifteen dollars ($15.00) shall be assessed on the filing of each annual and final account.
(2b)	Notwithstanding subdivisions (1) and (2) of this subsection, no costs shall be assessed when the estate is administered or settled pursuant to G.S. 28A-25-6.
(3)	For probate of a will without qualification of a personal representative, the clerk shall assess a facilities fee as provided in subdivision (1) of this subsection and shall assess for support of the General Court of Justice, the sum of eighteen dollars ($18.00).
(b)	In collections of personal property by affidavit, the facilities fee and twenty-seven dollars ($27.00) of the General Court of Justice fee shall be paid at the time of filing the qualifying affidavit pursuant to G.S. 28A-25-1. In all other cases, these fees shall be paid at the time of filing of the first inventory. If the sole asset of the estate is a cause of action, the thirty dollars ($30.00) shall be paid at the time of the qualification of the fiduciary.
(b1)	The clerk shall assess the following miscellaneous fees:
(1)	Filing and indexing a will with no probate
	– first page	$ 1.00
	– each additional page or fraction thereof	.25
(2)	Issuing letters to fiduciaries, per letter over five
	letters issued	1.00
(3)	Inventory of safe deposits of a decedent, per box, per day 15.00
(4)	Taking a deposition	5.00
(5)	Docketing and indexing a will probated in another
	county in the State
	– first page	1.00
– each additional page or fraction thereof	.25
(c)	The following additional expenses, when incurred, are also assessable or recoverable, as the case may be:
(1)	Witness fees, as provided by law.
(2)	Counsel fees, as provided by law.
(3)	Costs on appeal, of the original transcript of testimony, if any, insofar as essential to the appeal.
(4)	Fees for personal service of civil process, and other sheriff's fees, as provided by law.
(5)	Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law.
(d)	Costs assessed before the clerk shall be added to costs assessable on appeal to the judge or upon transfer to the civil issue docket.
(e)	Nothing in this section shall affect the liability of the respective parties for costs, as provided by law."
Sec. 9. This act becomes effective July 1, 1993.