GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 235*

Short Title:  Birth/Death Certificate Fee Upped.	(Public)

─────────────────────────────────────── 
Sponsors: Representatives Easterling, Alexander, Gulley, Saunders, Cunningham, McMahan, Black; and Adams.

─────────────────────────────────────── 
Referred to:  Human Resources, if favorable, Finance.

─────────────────────────────────────── 

February 17, 1997

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE UNIFORM FEE FOR A CERTIFIED BIRTH, DEATH, OR MARRIAGE CERTIFICATE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 161-10(a) reads as rewritten:
"(a)	Except as provided in G.S. 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 six dollars ($6.00) 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.
(1a)	Deeds of Trust, Mortgages, and Cancellation of Deeds of Trust and Mortgages. – For registering or filing any deed of trust or mortgage, whether written, printed, or typewritten, the fee shall be ten dollars ($10.00) 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 deed of trust or mortgage is presented for registration that contains one or more additional instruments, the fee shall be ten dollars ($10.00) for each additional instrument.  A deed of trust or mortgage contains one or more additional instruments if such additional instrument or instruments has or have different legal consequences or intent, each of which is separately executed and acknowledged and could be recorded alone.
		For recording records of satisfaction, or the cancellation of record by any other means, of deeds of trust or mortgages, there shall be no fee.
(2)	Marriage Licenses. – For issuing a license forty dollars ($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 five dollars ($5.00).  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)	Notarial Acts. – For taking an acknowledgment, oath, or affirmation or performing any other notarial act the maximum fee set in G.S. 10A-10.  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 two dollars ($2.00).
(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. 10A-8 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."
Section 2.  This act becomes effective July 1, 1997.