GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                    2

HOUSE BILL 650*

Committee Substitute Favorable 3/28/05

Short Title:     Business Court Cases/Fee.	(Public)
Sponsors:
Referred to:

March 16, 2005

A BILL TO BE ENTITLED

AN ACT to provide for the assignment OF special superior court judges to hear complex business cases and to authorize a larger fee for those cases.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 7 of Chapter 7A of the General Statutes is amended by adding a new section to read:

"§ 7A‑45.3.  Superior court judges designated for complex business cases.

The Chief Justice may exercise the authority under rules of practice prescribed pursuant to G.S. 7A‑34 to designate one or more of the special superior court judges authorized by G.S. 7A‑45.1 to hear and decide complex business cases as prescribed by the rules of practice."

SECTION 2.  G.S. 7A‑305(a) reads as rewritten:

"(a)      In every civil action in the superior or district court, except for actions brought under Chapter 50B of the General Statutes, the following costs shall be assessed:

(1)       For the use of the courtroom and related judicial facilities, the sum of twelve dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen dollars ($16.00) in district and superior court, to be remitted to the county in which the judgment is rendered, except that in all cases in which the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions.

(2)       For support of the General Court of Justice, the sum of sixty‑nine dollars ($69.00) in the superior court,court, except that if a case is assigned to a special superior court judge as a complex business case under G.S. 7A‑45.3, an additional two hundred dollars ($200.00) shall be paid upon its assignment, and the sum of fifty‑four dollars ($54.00) in the district court except that if the case is assigned to a magistrate the sum shall be forty‑three dollars ($43.00). Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit the sum of one dollar and five cents ($1.05) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.4, and ninety‑five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A‑474.19. The additional two hundred dollars ($200.00) for cases assigned to a special superior court judge as a complex business case shall be deposited into a special fund, held in the State Treasurer's office, to defray the costs of operating the business court. Interest earned on the fund shall remain in the fund."

SECTION 3.  This act becomes effective January 1, 2006, and applies to fees assessed or collected on or after that date.