GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 536

 
 
Short Title:	Funding for Legal Services.	()	
Sponsors:	Senators Clodfelter;  Ballance, Gulley, Jordan, Kinnaird, Odom, and Rand.	
Referred to:	Appropriations/Base Budget.	
March 19, 2001

A BILL TO BE ENTITLED
AN ACT TO DEDICATE A PORTION OF COURT COSTS TO PROVIDE ACCESS TO CIVIL JUSTICE.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A-304(a)(4) reads as rewritten:
"(4)	For support of the General Court of Justice, the sum of sixty-five dollars ($65.00) in the district court, including cases before a magistrate, and the sum of seventy-two dollars ($72.00) in the superior court, to be remitted to the State Treasurer. The State Treasurer shall remit a portion of each fee collected under this subdivision, in an amount equal to that specified in the table below, to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4:
Fiscal Year		Amount
2001-2002		$1.15
2002-2003		  2.00
2003-2004		  3.00
2004-2005		  4.00
2005-2006 and after	  5.00."
SECTION 2.  G.S. 7A-305(a)(2) reads as rewritten:
"(2)	For support of the General Court of Justice, the sum of fifty‑nine dollars ($59.00) in the superior court, and the sum of forty‑four dollars ($44.00) in the district court except that if the case is assigned to a magistrate the sum shall be thirty-three dollars ($33.00). Sums collected under this  subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit a portion of each fee collected under this subdivision, in an amount equal to that specified in the table below, to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4:
Fiscal Year		Amount
2001-2002		$1.15
2002-2003		  2.00
2003-2004		  3.00
2004-2005		  4.00
2005-2006 and after	  5.00."
SECTION 3.  G.S. 7A-306(a)(2) reads as rewritten:
"(2)	For support of the General Court of Justice the sum of thirty dollars ($30.00). In addition, in proceedings involving land, except boundary disputes, if the fair market value of the land involved is over one hundred dollars ($100.00), there shall be an additional sum of thirty cents (30¢) per one hundred dollars ($100.00) of value, or major fraction thereof, not to exceed a maximum additional sum of two hundred dollars ($200.00). Fair market value is determined by the sale price if there is a sale, the appraiser's valuation if there is no sale, or the appraised value from the property tax records if there is neither a sale nor an appraiser's valuation. Sums collected under this  subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit a portion of each fee collected under this subdivision, in an amount equal to that specified in the table below, to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4:
Fiscal Year		Amount
2001-2002		$1.15
2002-2003		  2.00
2003-2004		  3.00
2004-2005		  4.00
2005-2006 and after	  5.00."
SECTION 4.  G.S. 7A-307(a)(2) reads as rewritten:
"(2)	For support of the General Court of Justice, the sum of thirty dollars ($30.00), plus an additional forty cents (40¢) per one hundred dollars ($100.00), or major fraction thereof, of the gross estate, not to exceed three thousand dollars ($3,000). Gross estate shall include the fair market value of all personalty when received, and all proceeds from the sale of realty coming into the hands of the fiduciary, but shall not include the value of realty. In collections of personal property by affidavit, the fee based on the gross estate shall be computed from the information in the final affidavit of collection made pursuant to G.S. 28A-25-3 and shall be paid when that affidavit is filed. In all other cases, this fee shall be computed from the information reported in the inventory and shall be paid when the inventory is filed with the clerk. If additional gross estate, including income, comes into the hands of the fiduciary after the filing of the inventory, the fee for such additional value shall be assessed and paid upon the filing of any account or report disclosing such additional value. For each filing the minimum fee shall be fifteen dollars ($15.00). Sums collected under this  subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit a portion of each fee collected under this subdivision, in an amount equal to that specified in the table below, to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4:
Fiscal Year		Amount
2001-2002		$1.15
2002-2003		  2.00
2003-2004		  3.00
2004-2005		  4.00
2005-2006 and after	  5.00."
SECTION 5.  G.S. 7A‑474.1 reads as rewritten:
"§ 7A‑474.1.  Legislative findings and purpose.
The General Assembly of North Carolina declares it to be its purpose to provide access to legal representation for indigent persons in certain kinds of civil matters. The General Assembly finds that such representation can best be provided in an efficient, effective, and economic manner through  five geographically based field programs in this  State."
SECTION 6.  G.S. 7A-474.2 reads as rewritten:
"§ 7A‑474.2.  Definitions.
The following definitions shall apply throughout this Article, unless the context otherwise requires:
(1)	"Eligible client" means a resident of North Carolina financially eligible for representation under the Legal Services Corporation Act, regulations, and interpretations adopted thereunder (45 CFR § 1611, and subsequent revisions).
(2)	"Legal assistance" means the provision of any legal services, as defined by Chapter 84 of the General Statutes, consistent with this Article. Provided, that all legal services provided hereunder shall be performed consistently with the Rules of Professional Conduct promulgated by the North Carolina State Bar. Provided, further, that no funds appropriated under this Article shall be used for lobbying to influence the passage or defeat of any legislation before any municipal, county, state, or national legislative body.
	
(4)	"Geographically based field programs" means the  following not-for-profit corporations  using State funds to serve the counties listed: Legal Services of the Southern Piedmont, serving Cabarrus, Gaston, Mecklenburg, Stanly, and Union Counties; Legal Aid Society of Northwest North Carolina, serving Davie, Forsyth, Iredell, Stokes, Surry, and Yadkin Counties; North Central Legal Assistance Program, serving Durham, Franklin, Granville, Person, Vance, and Warren Counties; Pisgah Legal Services, serving Buncombe, Henderson, Madison, Polk, Rutherford, and Transylvania Counties; and Legal Services of North Carolina, serving 83 counties in North Carolina."
SECTION 7.  G.S. 7A‑474.4 reads as rewritten:
"§ 7A‑474.4.  Funds.
Funds to provide representation pursuant to this Article shall be provided to  the North Carolina State Bar for provision of direct services by and support of the geographically based  field programs.  The North Carolina State Bar shall allocate these funds as follows:
(1)	Pisgah Legal Services shall receive an allocation calculated by dividing the number of eligible clients in Buncombe, Henderson, Madison, Polk, Rutherford, and Transylvania Counties by the number of eligible clients in the entire State, then multiplying by the total amount of federal Legal Services Corporation funding for the State for the preceding calendar year; and
(2)	All remaining funds shall be allocated directly to each of the five geographically based field programs based upon the eligible client population in each area program.
The North Carolina State Bar shall not use any of these funds for its administrative costs."
SECTION 8.  G.S. 7A-474.5 reads as rewritten:
"§ 7A‑474.5.  Records and reports.
 The geographically based field programs shall keep appropriate records and make periodic reports, as requested, to the North Carolina State Bar."
SECTION 9.  Of the funds remitted to the State Bar pursuant to the provisions of G.S. 7A-304(a)(4), 7A-305(a)(2), 7A-306(a)(2), and 7A-307(a)(2) in each fiscal year, the sum of two hundred fifty thousand dollars ($250,000) shall be provided to Pisgah Legal Services, Inc., in order to compensate for federal funding not received by Pisgah Legal Services, Inc.
SECTION 10.  This act becomes effective July 1, 2001.