North Carolina § 7A-317 - Counties and municipalities required to advance costs and fees.

§ 7A-317. Counties and municipalities required to advance costs and fees.

Counties and municipalities required to advance pay all costs and fees due to the court at the time of filing. The clerk of superior court may consent to allow the county or municipality to pay all costs and fees within 45 days of the date of the filing of any action in lieu of paying costs and fees at the time of filing. The clerk of superior court shall withhold all facilities fees due to be remitted to a county or municipality when the county or municipality does not pay costs and fees due to the court within 90 days of the date of filing any action. History (1967, c. 691, s. 35; 2007-323, s. 30.10(d); 2008-193, ss. 1-3; 2013-225, s. 5.) Editor's Note. - Former G.S. 7A-317 was renumbered as G.S. 7A-318 by Session Laws 1967, c. 691, s. 35, which added this section. Session Laws 2008-193, s. 1, repealed Session Laws 2007-323, s. 30.10(d), effective June 30, 2008. Therefore Session Laws 2007-323, s. 30.10(d), which would have deleted "costs for the facilities fee, the General Court of Justice fee, the miscellaneous fees enumerated in G.S. 7A-308, or" following "to advance" never became effective. Session Laws 2008-193, s. 2, amended Session Laws 2007-323, s. 30.10.(h), to remove that portion providing that the amendment to this section by Session Laws 2007-323, s. 30.10(d), was effective July 1, 2008. Session Laws 2013-225, s. 8, made the amendments to this section by Session Laws 2013-225, s. 5, applicable to actions filed and to amounts assessed or collected on or after June 30, 2013. Effect of Amendments. - Session Laws 2008-193, s. 3, effective July 1, 2008, rewrote the section. Session Laws 2013-225, s. 5, effective June 30, 2013, in the section heading, deleted "not" preceding "required" and substituted "costs and" for "certain"; designated the previously undesignated provisions as subsection (a), and rewrote subsection (a), which formerly read "Counties and municipalities are required to advance costs except for the following"; deleted subdivisions (a)(1) through (a)(4); and added subsection (b). For applicability, see editor's note. Opinions of Attorney General County hospital is within exemption of county from advance costs. See opinion of Attorney General to Mr. William L. Mills, Jr., Attorney for Cabarrus Memorial Hospital, 41 N.C.A.G. 232 (1971).