NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 217

SENATE BILL 161

AN ACT TO AMEND CHAPTER 316 OF THE SESSION LAWS OF 1947, AS AMENDED RELATING TO PROFESSIONAL BONDSMEN IN ROBESON COUNTY.

The General Assembly of North Carolina do enact:

Section 1.  Section 2 of Chapter 316 of the Session Laws of 1947, as re-written by Chapter 995 of the Session Laws of 1947 and as re- written by Chapter 85 of the Session Laws of 1961 is hereby amended as follows:

(a)       by striking out the words and figures "Five Thousand Dollars ($5,000.00)" wherever they appear, and inserting in lieu thereof the words and symbols "Ten Thousand Dollars ($10,000.00)";

(b)       by inserting before the word "exclusive" in the next to the last line the words "or greater amount if required by this statute,";

(c)       by adding the following new paragraph at the end thereof:

"In the event a person, firm, association or corporation engaging in such business or activity shall have made either one or more bonds, or, pledges or deposits in lieu thereof, or both, for appearances in any courts in Robeson County, and the amounts thereof shall be greater than Thirty Thousand Dollars ($30,000.00) but not greater than Forty-five Thousand Dollars ($45,000.00), then he or it shall deposit an amount sufficient to make Fifteen Thousand Dollars ($15,000.00) of total deposits; and if the amounts thereof shall be greater than Forty-five Thousand Dollars ($45,000.00) then he or it shall deposit an amount sufficient to make Twenty Thousand Dollars ($20,000.00)."

Sec. 2. Section 3 of Chapter 316 of the Session Laws of 1947, as amended by Chapter 995 of the Session Laws of 1947 and as amended by Chapter 1126 of the Session Laws of 1953, is hereby re-written to read as follows:

"Sec. 3. No person, firm, association or corporation who shall sign, endorse, execute, or become surety on any appearance bond, or who shall pledge or deposit any cash, check, or other security of any nature in lieu of any appearance bond, shall charge or collect any fee on such bond, pledge or deposit in excess of ten percent (10%) of bond amount furnished by him or it when that bond amount is Two Thousand Dollars ($2,000.00) or less; or in excess of five percent (5%)       of bond amount furnished by him or it when that bond amount is greater than Two Thousand Dollars ($2,000.00); provided, however, that a fee of Seven and One-Half Dollars ($7.50) may be charged on any bond amount furnished by him or it of Seventy-five Dollars ($75.00) or less, without reference to the percentages set out in this section.

No charges, by whatever name designated, other than those set out in this section, shall be made or collected by such person, firm, association or corporation.

As used in this section, "bond amount" also includes (a)         pledge and deposit amounts when furnished in lieu of appearance bond, (b) any combination of these two or three types."

Sec. 3. That Section 3 of Chapter 85 of the Session Laws of 1961, which adds a new section to Chapter 316 of the Session Laws of 1947, is hereby amended to insert the words "the receipt number issued the individual bonded,", in line 10 thereof following the words and symbols "of each individual bonded,".

Sec. 4. This Act shall apply to Robeson County only.

Sec. 5. All laws, and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6. This Act shall become effective on July 1, 1969.

In the General Assembly read three times and ratified, this the 15th day of April, 1969.