AN ACT TO SIMPLIFY THE FEES CHARGED FOR REGISTERING INSTRUMENTS WITH A REGISTER OF DEEDS IN THIS STATE AND TO MODIFY THE INSTRUMENT PAGE REQUIREMENTS. Summarized in Daily Bulletin 3/16/11, 6/3/11, and 6/15/11. Enacted June 24, 2011. Effective October 1, 2011.
Bill Summaries: H384 (2011-2012 Session)
Summary date: Jun 30 2011 - View summary
Summary date: Jun 15 2011 - View summary
Senate amendment makes the following changes to 3rd edition. Suspends GS 161-11.4 (fees for floodplain mapping) and GS 161-11.6 (fees for archival of records) from October 1, 2011, through July 1, 2013 (previously repealed the statute). Makes other technical changes.
House amendment makes the following changes to 2nd edition. Amends GS 161-11.5 to provide that fees remitted under the statute be credited as follows: (1) 20% (previously 24%) to the General Fund as nontax revenue; and (2) 25% (previously 21%) to the Department of Cultural Resources (with 55% still credited to the Floodplain Mapping Fund.
House committee substitute makes the following changes to 1st edition. Amends GS 161-10 (uniform fees of registers of deeds) to set the fee for registering or filing an instrument at $26 (was, $30) for the first 15 pages plus $4 (was, $5) for each additional page. Sets the fee for registering or filing any deed of trust or mortgage at $56 for the first 15 pages and $4 for each additional page (previous edition deleted these fees). Amends GS 161-11.3 to direct $6.20 (was, $3.20) of the $56 fee collected for registering or filing a deed of trust or mortgage to be set aside annually and placed in a nonreverting Automation Enhancement and Preservation Fund. Rewrites GS 161-11.5 to direct $6.20 (was, $5) of each fee collected under GS 161-10(a)(1) and (a)(1a) to be remitted by the register of deeds to the county finance officer, who will remit the funds to the State Treasurer on a monthly basis to be credited as follows: (1) 55% to the Floodplain Mapping Fund (was, 50%); (2) 24% to the General Fund as nontax revenue (was, 25%); and (3) 21% to the Department of Cultural Resources (was, 25%). Directs the Revenue Laws Study Committee to review the effect of this act to determine whether the changes have simplified the collection and remittance of fees, and to study the effect the fee changes had on revenue collections in the counties. Requires the Committee to report to the General Assembly and to recommend whether the new provisions should expire. The above provisions expire July 1, 2013.
Amends GS 161-14(b), requiring certain instruments presented for registration to have a blank margin of three inches at the top of the first page and blank margins of at least one-quarter inches (was, one-half) on the remaining sides of the first page and on all sides of subsequent pages, and to have at least 9 point (was, 10 point) font size, in addition to other requirements under existing law. Makes a conforming change to the bill title.
Effective October 1, 2011, and applies to instruments registered on or after that date.
Summary date: Mar 16 2011 - View summary
Amends GS 161-10(1)(1), which sets out uniform fees of registers of deeds, to increase the fee for registering or filing any instrument to $30 for the first 15 pages plus $5 for each additional page. Adds that a subsequent instrument presented for registration with reference to more than one instrument requiring indexing will cost an additional $25 per reference. Clarifies that a document presented for registration consisting of multiple instruments will cost an additional $10 per instrument. Deletes the provisions of GS 161-10(a)(1a), which lists fees for deeds of trusts and mortgages, and GS 161-10(a)(16), which lists the probate fee.
Repeals GS 161-11.4 (fees for floodplain mapping) and GS 161-11.6 (fees for archival of records).
Amends GS 161-11.5, directing $5 of the fee collected by the register of deeds for registering an instrument to ultimately be remitted to the state treasurer and credited as follows: (1) 50% to the Department of Crime Control and Public Safety for the Floodplain Mapping Fund, (2) 25% to the Department of Cultural Resources to offset the costs of the Archives and Records Management program, and (3) 25% to the General Fund. Current law directs the monies solely to the General Fund. Makes a conforming change.
Applies to instruments registered on and after October 1, 2011.