Bill Summary for H 343 (2013-2014)

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Summary date: 

Apr 10 2013
S.L. 2013-225

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 343 (Public) Filed Tuesday, March 19, 2013
A BILL TO BE ENTITLED AN ACT TO ELIMINATE ARBITRATION CAPS IN DISTRICT COURT, TO MAKE CLARIFICATIONS TO COURT FEES, TO AMEND THE MOTION FEE EXEMPTION, TO REQUIRE COUNTIES AND MUNICIPALITIES TO ADVANCE FEES, TO PROVIDE PRIORITY FOR THE PAYMENT OF CRIMINAL COSTS AND FEES, AND TO REMOVE THE SUNSET ON CHANGES TO CERTAIN FEES COLLECTED BY REGISTER OF DEEDS.
Intro. by Turner.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends GS 7A-305(a)(2), setting out the processes and procedures for after a case gets assigned to a special superior court judge as a complex business case under GS 7A-45.3, including requiring the party filing the notice of designation/motion for complex business designation to pay an additional $1,000 for support of the General Court of Justice. If a court designates a case as a complex business case on its own motion, the plaintiff will be required to pay the additional $1,000 fee.

Amends GS 7A-305(f), providing that no costs will be assessed, including attorneys' fees, to a motion filed by a child support enforcement agency established under Title IV, Part D, of the Social Security Act.

Amends GS 7A-308(a), making conforming changes, providing again for no fees to be assessed to child support enforcement agency actions.

Repeals Section 66.1 of Session Law 2011-391.

Amends GS 7A-317(a), providing that counties and municipalities are required to pay all costs and fees due to the court at the time of filing, unless the clerk of superior court consents to allowing them to pay all costs and fees within 45 days of the date of the filing of any action. Provides that the clerk of superior court will withhold all facilities fees due to be remitted to a county or municipality when it does not pay costs and fees due to the court within 90 days of the date of filing any action (previous edition provided that the Administrative Office of the Courts could withhold facilities fees due only when a county agency did not pay corresponding fees within 30 days of the date of filing an action).

Provides that Section 4 of this act will become effective July, 1, 2013 (was, July 1, 2014).