GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	3
HOUSE BILL 1284
Committee Substitute Favorable 4/24/01
Committee Substitute #2 Favorable 6/19/01

Short Title:	Openness of Court Records and Proceedings.	()	
Sponsors:	     	
Referred to:	     	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO ALLOW AN INTERVENTION OF RIGHT UNDER RULE 24 OF THE RULES OF CIVIL PROCEDURE FOR THOSE THAT ASSERT A RIGHT OF ACCESS TO A JUDICIAL PROCEEDING OR TO A JUDICIAL RECORD AND TO CREATE A NEW FEE FOR FILING A MOTION TO INTERVENE UNDER G.S. 1-72.1.

The General Assembly of North Carolina enacts:
SECTION 1.  Article 6 of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1-72.1. Right of access.
An applicant asserting a right of access to a judicial proceeding or to a judicial record may intervene in that judicial proceeding pursuant to Rule 24(a)(1) for the limited purpose of gaining access to the judicial proceeding or to a judicial record. This section does not apply to juvenile proceedings or court records of juvenile proceedings held under Chapter 7B of the General Statutes. Nothing in this section preempts State law that otherwise restricts access to judicial proceedings or judicial records."
SECTION 2.  G.S. 7A‑308(a) reads as rewritten:
"(a)	The following miscellaneous fees and commissions shall be collected by the clerk of superior court and remitted to the State for the support of the General Court of Justice: 
(1)	Foreclosure under power of sale in deed of trust or
	mortgage………………………………………………………...	$40.00
	If the property is sold under the power of sale, an additional amount will be charged, determined by the following formula: thirty cents (30¢) per one hundred dollars ($100.00), or major fraction thereof, of the final sale price. If the amount determined by the formula is less than ten dollars ($10.00), a minimum ten dollar ($10.00) fee will be collected. If the amount determined by the formula is more than two hundred dollars ($200.00), a maximum two hundred dollar ($200.00) fee will be collected.
(2)	Proceeding supplemental to execution……………………………	20.00
(3)	Confession of judgment…………………………………………..	15.00
(4)	Taking a deposition………………………………………………...	5.00
(5)	Execution…………………………………………………………	15.00
(6)	Notice of resumption of former name……………………………...	5.00
(7)	Taking an acknowledgment or administering an oath, or both, with or without seal, each certificate (except that oaths of office shall be administered to public officials without charge)………………….$1.00
(8)	Bond, taking justification or approving……………………………	5.00
(9)	Certificate, under seal……………………………………………...	2.00
(10)	Exemplification of records…………………………………………	5.00
(11)	Recording or docketing (including indexing) any document
	– first page………………………………………………………….	4.00
	– each additional page or fraction thereof……………………….	.25
(12)	Preparation of copies
	– first page………………………………………………………….	1.00
	– each additional page or fraction thereof……………………….	.25
(13)	Preparation and docketing of transcript of judgment……………....5.00
(14)	Substitution of trustee in deed of trust……………………………..	5.00
(15)	Execution of passport application – the amount allowed by federal law
(16)	Repealed by Session Laws 1989, c. 783, s. 2.
(17)	Criminal record search except if search is requested by an agency of the State or any of its political subdivisions or by an agency of the United States or by a petitioner in a proceeding under Article 2 of General Statutes Chapter 20………………………………………..5.00
(18)	Filing the affirmations, acknowledgments, agreements and resulting orders entered into under the provisions of G.S. 110‑132 and G.S. 110‑133 …………………………………………………………………	4.00
	(19)	Repealed by Session Laws 1989, c. 783, s. 3.
	(20)	Filing a motion to intervene under G.S. 1-72.1………....……...20.00."
SECTION 3.  This act becomes effective October 1, 2001, and applies to court records filed on or after that date and applies to judicial proceedings commenced or pending on or after that date.