GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 693

SENATE BILL 935

 

AN ACT TO INCREASE THE MARRIAGE LICENSE FEE AND TO CREATE THE DOMESTIC VIOLENCE CENTER FUND.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 161-10(a) reads as rewritten:

"(a)      Except as provided in G.S. 130-40 or G.S. 161-11.1, 161-11.1 or 161-11.2, all fees collected under this section shall be deposited into the county general fund.  In the performance of his duties, the register of deeds shall collect the following fees which shall be uniform throughout the State:

(1)       Instruments in General. - For registering or filing any instrument for which no other provision is made by this section, whether written, printed, or typewritten, the fee shall be five dollars ($5.00) for the first page, which page shall not exceed 8 1/2 inches by 14 inches, plus two dollars ($2.00), for each additional page or fraction thereof.  A page exceeding 8 1/2 inches by 14 inches shall be considered two pages.

                  When a document is presented for registration that consists of multiple instruments, the fee shall be ten dollars ($10.00) for each additional instrument.  A document consists of multiple instruments when it contains two or more instruments with different legal consequences or intent, each of which is separately executed and acknowledged and could be recorded alone.

(2)       Marriage Licenses. - For issuing a license - twenty forty dollars ($20.00); ($40.00); for issuing a delayed certificate with one certified copy - five dollars ($5.00); and for a proceeding for correction of names in application, license or certificate, with one certified copy - five dollars ($5.00).

(3)       Plats. - For each original or revised plat recorded - nineteen dollars ($19.00); for furnishing a certified copy of a plat - three dollars ($3.00).

(4)       Right-of-Way Plans. - For each original or amended plan and profile sheet recorded - five dollars ($5.00).  This fee is to be collected from the Board of Transportation.

(5)       Registration of Birth Certificate One Year or More after Birth. - For preparation of necessary papers when birth to be registered in another county - five dollars ($5.00); for registration when necessary papers prepared in another county, with one certified copy - five dollars ($5.00); for preparation of necessary papers and registration in the same county, with one certified copy - ten dollars ($10.00).

(6)       Amendment of Birth or Death Record. - For preparation of amendment and affecting correction - two dollars ($2.00).

(7)       Legitimations. - For preparation of all documents concerned with legitimations - seven dollars ($7.00).

(8)       Certified Copies of Birth and Death Certificates and Marriage Licenses. - For furnishing a certified copy of a death or birth certificate or marriage license - three dollars ($3.00).  Provided however, a Register of Deeds may issue without charge a certified Birth Certificate to any person over the age of 62 years.

(9)       Certified Copies. - For furnishing a certified copy of an instrument for which no other provision is made by this section - three dollars ($3.00) for the first page, plus one dollar ($1.00) for each additional page or fraction thereof.

(10)     Comparing Copy for Certification. - For comparing and certifying a copy of any instrument filed for registration, when the copy is furnished by the party filing the instrument for registration and at the time of filing thereof - two dollars ($2.00).

(11)     Uncertified Copies. - When, as a convenience to the public, the register of deeds supplies uncertified copies of instruments, or index pages, he may charge fees that in his discretion bear a reasonable relation to the quality of copies supplied and the cost of purchasing and maintaining copying and/or computer equipment.  These fees may be changed from time to time, but the amount of these fees shall at all times be prominently posted in his office.

(12)     Acknowledgment. - For taking an acknowledgment, oath, or affirmation or for the performance of any notarial act - one dollar ($1.00).  This fee shall not be charged if the act is performed as a part of one of the services for which a fee is provided by this subsection; except that this fee shall be charged in addition to the fees for registering, filing or recording instruments or plats as provided by subdivisions (1) and (3) of this subsection.

(13)     Uniform Commercial Code. - Such fees as are provided for in Chapter 25, Article 9, Part 4, of the General Statutes.

(14)     Torrens Registration. - Such fees as are provided in G.S. 43-5.

(15)     Master Forms. - Such fees as are provided for instruments in general.

(16)     Probate. - For certification of instruments for registration as provided in G.S. 47-14 - one dollar ($1.00).

(17)     Qualification of Notary Public. - For administering the oaths of office to a notary public and making the appropriate record entries as provided in G.S. 10-2 - five dollars ($5.00).

(18)     Reinstatement of Articles of Incorporation. - For filing reinstatements of Articles of Incorporation prepared pursuant to G.S. 105-232; such fees as provided for instruments in general.  The fee shall be paid by the corporation affected."

Sec. 2.  Article 1 of Chapter 161 is amended by adding a new section to read:

"§ 161-11.2.  Fees for domestic violence centers.

Twenty dollars ($20.00) of each fee collected by a register of deeds for issuance of a marriage license pursuant to G.S. 161-10(a)(2) shall be forwarded by the register of deeds to the county finance officer, who shall forward the funds to the Department of Administration to be credited to the Domestic Violence Center Fund established under G.S. 50B-9.  The register of deeds shall forward the fees to the county finance officer as soon as practical.  The county finance officer shall forward the fees to the Department of Administration within 60 days after receiving the fees.  The Register of Deeds shall inform the applicants that twenty dollars ($20.00) of the fee for a marriage license shall be used for Domestic Violence programs."

Sec. 3.  Chapter 50B of the General Statutes is amended by adding a new section to read:

"§ 50B-9.  Domestic Violence Center Fund.

The Domestic Violence Center Fund is established within the State Treasury.  The fund shall be administered by the Department of Administration, North Carolina Council for Women, and shall be used to make grants to centers for victims of domestic violence and to The North Carolina Coalition Against Domestic Violence, Inc. This fund shall be administered in accordance with the provisions of the Executive Budget Act.  The Department of Administration shall make quarterly grants to each eligible domestic violence center and to The North Carolina Coalition Against Domestic Violence, Inc.  Each grant recipient shall receive the same amount.  To be eligible to receive funds under this section, a domestic violence center must meet the following requirements:

(1)       It shall have been in operation on the preceding July 1 and shall continue to be in operation.

(2)       It shall offer all of the following services:  a hotline, transportation services, community education programs, daytime services, and call forwarding during the night and it shall fulfill other criteria established by the Department of Administration.

(3)       It must be a nonprofit corporation."

Sec. 4.  This act becomes effective August 1, 1991, and applies to marriage licenses issued on or after that date.

In the General Assembly read three times and ratified this the 15th day of July, 1991.

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives