North Carolina § 84-34 - Membership fees and list of members.

§ 84-34. Membership fees and list of members.

Every active member of the North Carolina State Bar shall, prior to the first day of July of each year, pay to the secretary-treasurer an annual membership fee in an amount determined by the Council but not to exceed three hundred dollars ($300.00), and every member shall notify the secretary-treasurer of the member's correct mailing address. Any member who fails to pay the required dues by the last day of June of each year shall be subject to a late fee in an amount determined by the Council but not to exceed thirty dollars ($30.00). All dues for prior years shall be as were set forth in the General Statutes then in effect. The membership fee shall be regarded as a service charge for the maintenance of the several services authorized by this Article, and shall be in addition to all fees required in connection with admissions to practice, and in addition to all license taxes required by law. The fee shall not be prorated: Provided, that no fee shall be required of an attorney licensed after this Article shall have gone into effect until the first day of January of the calendar year following that in which the attorney was licensed; but this proviso shall not apply to attorneys from other states admitted on certificate. The fees shall be disbursed by the secretary-treasurer on the order of the Council. The secretary-treasurer shall annually, at a time and in a law magazine or daily newspaper to be prescribed by the Council, publish an account of the financial transactions of the Council in a form to be prescribed by it. The secretary-treasurer shall compile and keep currently correct from the names and mailing addresses forwarded to the secretary-treasurer and from any other available sources of information a list of members of the North Carolina State Bar and furnish to the clerk of the superior court in each county, not later than the first day of October in each year, a list showing the name and address of each attorney for that county who has not complied with the provisions of this Article. The name of each of the active members who are in arrears in the payment of membership fees shall be furnished to the presiding judge at the next term of the superior court after the first day of October of each year, by the clerk of the superior court of each county wherein the member or members reside, and the court shall thereupon take action that is necessary and proper. The names and addresses of attorneys so certified shall be kept available to the public. The Secretary of Revenue is hereby directed to supply the secretary-treasurer, from records of license tax payments, with any information for which the secretary-treasurer may call in order to enable the secretary-treasurer to comply with this requirement. The list submitted to several clerks of the superior court shall also be submitted to the Council at its October meeting of each year and it shall take the action thereon that is necessary and proper. History (1933, c. 210, s. 17; 1939, c. 21, ss. 2, 3; 1953, c. 1310, s. 5; 1955, c. 651, s. 4; 1961, c. 760; 1971, c. 18; 1973, c. 476, s. 193; c. 1152, s. 4; 1977, c. 841, s. 2; 1981, c. 788, s. 5; 1989, c. 172, s. 1; 1995, c. 431, s. 25; 2005-237, s. 2; 2005-276, s. 23A.1(a); 2013-360, s. 21.1(b); 2013-381, s. 38.1(d).) Cross References. - As to who is an active member, see G.S. 84-16. Editor's Note. - Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'." Session Laws 2005-276, s. 46.5 is a severability clause. This section was amended in 2013 by two different Session Laws that made identical changes, but which gave the amendment different effective dates. Session Laws 2013-360, s. 21.1(b), amended this section effective July 1, 2013. Session Laws 2013-381, s. 38.1(d), amended this section effective for taxable years beginning on or after January 1, 2013. The effective date for Session Laws 2013-381, s. 38.1(d), in s. 38.1(p) of that act, appears to have been intended to refer to s. 38.1(e) or (f), or both, as they pertain to tax provisions. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5 is a severability clause. Session Laws 2013-381, s. 38.1(p), makes the amendments to this section by Session Laws 2013-381, s. 38.1(d), effective for taxable years beginning on or after January 1, 2013, and provides: "The fifty percent (50%) of the funds directed to be paid in 2013 under G.S. 163-278.41(c) (now repealed) in 2013 shall be disbursed as provided by law. Unexpended funds shall remain in the reserve until December 31, 2013, at which time those funds shall revert to the General Fund." Effect of Amendments. - Session Laws 2005-276, s. 23A.1(a), effective January 1, 2006, and applicable to the membership fees due for 2006, inserted "plus a surcharge of fifty dollars ($50.00) for the implementation of Article 22D of Chapter 163 of the General Statutes" in the first sentence, and added the seventh sentence in the first paragraph. Session Laws 2013-360, s. 21.1(b), effective July 1, 2013, deleted "plus a surcharge of fifty dollars ($50.00) for the implementation of Article 22D of Chapter 163 of the General Statutes" following "three hundred dollars ($300.00)" and deleted the former seventh sentence, which read "The fifty-dollar ($50.00) surcharge shall be sent on a monthly schedule to the State Board of Elections." Session Laws 2013-381, s. 38.1(d), effective for taxable years beginning on or after January 1, 2013, deleted "plus a surcharge of fifty dollars ($50.00) for the implementation of Article 22D of Chapter 163 of the General Statutes" following "($300.00)" in the first sentence, and deleted the former seventh sentence, which read "The fifth-dollar ($50.00) surcharge shall be sent on a monthly schedule to the State Board of Elections."