A BILL TO BE ENTITLED
AN ACT to increase court fees, to provide additional funding for court information technology, and to amend the access to civil justice act.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A‑304(a)(4) 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.
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(4)	For support of the General Court of Justice, the sum of  ninety‑three dollars ($93.00) in the district court, including cases before a magistrate, and the sum of  one hundred dollars ($100.00) in the superior court, to be remitted to the State Treasurer. For a person convicted of a felony in superior court who has made a first appearance in district court, both the district court and superior court fees shall be assessed. The State Treasurer shall credit the sum of five dollars ($5.00) to the Court Information Technology Fund provided for in G.S. 7A‑343.2 and shall remit the sum of  three dollars ($3.00) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.4, and ninety‑five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.19.
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SECTION 2.  G.S. 7A‑305(a)(2) reads as rewritten:
"(a)	In every civil action in the superior or district court, except for actions brought under Chapter 50B of the General Statutes, the following costs shall be assessed:
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(2)	For support of the General Court of Justice, the sum of  eighty‑six dollars ($86.00) in the superior court, except that if a case is assigned to a special superior court judge as a complex business case under G.S. 7A‑45.3, an additional  two hundred ten dollars ($210.00) shall be paid upon its assignment, and the sum of  seventy dollars ($70.00) in the district court except that if the case is assigned to a magistrate the sum shall be  sixty dollars ($60.00). Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall credit the sum of five dollars ($5.00) to the Court Information Technology Fund provided for in G.S. 7A‑343.2 and shall remit the sum of  three dollars ($3.00) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.4, and ninety‑five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.19."
SECTION 3.  G.S. 7A‑306(a)(2) reads as rewritten:
"(a)	In every special proceeding in the superior court, the following costs shall be assessed:
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(2)	For support of the General Court of Justice the sum of  forty‑seven dollars ($47.00). 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 subdivision shall be remitted to the State Treasurer. The State Treasurer shall credit the sum of five dollars ($5.00) to the Court Information Technology Fund provided for in G.S. 7A‑343.2 and shall remit the sum of three dollars ($3.00) of each forty‑dollar ($40.00) General Court of Justice fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.4."
SECTION 4.  G.S. 7A‑307(a)(2) reads as rewritten:
"(a)	In the administration of the estates of decedents, minors, incompetents, of missing persons, and of trusts under wills and under powers of attorney, in trust proceedings under G.S. 36A‑23.1, and in collections of personal property by affidavit, the following costs shall be assessed:
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(2)	For support of the General Court of Justice, the sum of forty‑seven dollars ($47.00), plus an additional forty cents (40¢) per one hundred dollars ($100.00), or major fraction thereof, of the gross estate, not to exceed six thousand dollars ($6,000). 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 fifteen dollars ($15.00). Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall credit the sum of five dollars ($5.00) to the Court Information Technology Fund provided for in G.S. 7A‑343.2 and shall remit the sum of  three dollars ($3.00) of each forty‑dollar ($40.00) General Court of Justice fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.4.
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SECTION 5.  G.S. 7A‑474.1 reads as rewritten:
"§ 7A‑474.1.  Legislative findings and purpose.
The General Assembly of North Carolina declares it to be its purpose to provide access to legal representation for indigent persons in certain kinds of civil matters. The General Assembly finds that such representation can best be provided in an efficient, effective, and economic manner through  the established legal services programs in this State."
SECTION 6.  G.S. 7A‑474.2(4) reads as rewritten:
"§ 7A‑474.2.  Definitions.
The following definitions shall apply throughout this Article, unless the context otherwise requires:
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(4)	 "Established legal services programs" means the following not‑for‑profit corporations using State funds to serve the counties listed: Legal Services of the Southern Piedmont, serving Cabarrus, Gaston, Mecklenburg, Stanly, and Union Counties; Legal Aid Society of Northwest North Carolina, serving Davie, Forsyth, Iredell, Stokes, Surry, and Yadkin Counties; Pisgah Legal Services, serving Buncombe, Henderson, Madison, Polk, Rutherford, and Transylvania Counties; and Legal  Aid of North Carolina,  a statewide program; or any successor entity or entities of the named organizations, or, should any of the named organizations dissolve, the entity or entities providing substantially the same services in substantially the same service area."
SECTION 7.  G.S. 7A‑474.4 reads as rewritten:
"§ 7A‑474.4.  Funds.
Funds to provide representation pursuant to this Article shall be provided to the North Carolina State Bar for provision of direct services by and support of the  established legal services programs. The North Carolina State Bar shall allocate these funds directly to each of the  established legal services programs based upon the eligible client population in each  area, with Pisgah Legal Services receiving the allocation for Buncombe, Henderson, Madison, Polk, Rutherford, and Transylvania Counties; Legal Aid Society of Northwest North Carolina receiving half of the allocation for Davie, Forsyth, Iredell, Stokes, Surry, and Yadkin Counties; and Legal Services of Southern Piedmont receiving half of the allocation for Cabarras, Gaston, Mecklenburg, Stanly, and Union Counties. The North Carolina State Bar shall not use any of these funds for its administrative costs."
SECTION 8.  G.S. 7A‑474.5 reads as rewritten:
"§ 7A‑474.5.  Records and reports.
The  established legal services programs shall keep appropriate records and make periodic reports, as requested, to the North Carolina State Bar."
SECTION 9.  Section 1 of this act becomes effective July 1, 2007, and applies to all costs assessed or collected on or after that date, except that in misdemeanor or infraction cases disposed of on or after that date by written appearance, waiver of trial or hearing, and plea of guilt or admission of responsibility pursuant to G.S.7A‑180(4) or G.S.7A‑273(2), in which the citation or other criminal process was issued before that date, the cost shall be the lesser of those specified in G.S. 7A‑304(a), as amended by Section 1 of this act, or those specified in the notice portion of the defendant's or respondent's copy of the citation or other criminal process, if any costs are specified in that notice.  Sections 2, 3, and 4 of this act become effective July 1, 2007, and apply to all costs assessed or collected on or after that date. The remainder of this act becomes effective July 1, 2007.