NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 691

SENATE BILL 292

 

 

AN ACT TO MAKE CERTAIN SUPPLEMENTARY, CLARIFYING AND TECHNICAL AMENDMENTS TO THE "JUDICIAL DEPARTMENT ACT OF 1965" (GENERAL STATUTES, CHAPTER 7A) AND FOR OTHER PURPOSES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 7A-39.1, as it appears in the 1965 Supplement to Volume 1B of the General Statutes, is renumbered 7A-42.

Sec. 2.  G.S. 7A-43.1 is amended by deleting the last sentence thereof.

Sec. 3.  G.S. 7A-43.2 is hereby rewritten to read as follows:

"G.S. 7A-43.2.  Assistant Solicitors. (a) With the approval of the Administrative Officer of the Courts, the solicitor may appoint one or more full-time assistant solicitors, each to serve at the pleasure of the solicitor. The salary for a full-time assistant solicitor shall be fixed by the Administrative Officer of the Courts, but shall not exceed that of a District Court prosecutor.

(b)        With the approval of the Administrative Officer of the Courts, a solicitor may appoint for part-time service one or more qualified attorneys to assist in the prosecution of the criminal dockets of his district when:

(1)        criminal cases accumulate on the dockets of the district beyond the capacity of the solicitor and his full-time assistants, if any, to keep the dockets reasonably current; or\

(2)        the prosecution of criminal cases in a specific location in the district would be better served.

Attorneys appointed under the authority of this subsection shall receive thirty-five dollars ($35.00) per diem for each day, not in excess of five days per week, they serve as assistant prosecutors, and they shall serve for such time as may be authorized by the Administrative Officer of the Courts.

(c)        An assistant solicitor appointed under this Section is entitled to reimbursement for travel and subsistence expenses when engaged on official business outside his county of residence at the rate applicable to State employees generally."

Sec. 4.  G.S. 7A-43.3 is amended by deleting the last sentence thereof, and by rewriting the first sentence thereof to read as follows:

"Notwithstanding the provisions of G.S. 7A-43.2, the board of commissioners of any county may, in its discretion, authorize the solicitor to appoint a competent attorney to assist him in the prosecution of the criminal docket of the Superior Court of the county."

Sec. 5.  G.S. 7A-101 is amended by rewriting the last sentence to read as follows: "The salary set forth in this Section shall constitute the clerk's sole compensation, and he shall receive no fees, commissions, or other compensation by virtue of his office, except as provided in subsection (b) of this Section"; by renumbering the present Section as subsection "(a)"; and by adding a new subsection "(b)," to read as follows:

"(b)      For the fiscal year beginning July 1, 1967, and annually thereafter, the Administrative Officer of the Courts may, in his discretion, authorize an increase in the annual salary of any clerk of the Superior Court in an amount not to exceed ten per cent (10%) of the salary set forth in subsection (a). In no event, however, shall the increase or increases cause the salary of any clerk to exceed the salary set out in subsection (a) for the next higher population group. Salary increases for any clerk in the population group of 250,000 and above shall not exceed ten per cent (10%) of the salary set out in subsection (a) for that group.

An increase in the salary of the clerk shall be based on a finding by the Administrative Officer of the Courts of one or more of the following:

(1)        the records and reports of the clerk meet high standards of completeness, accuracy, and timeliness, and the operations of the clerk's office are discharged with exceptional efficiency and economy; or

(2)        the responsibilities of the clerk, due to rapid population growth or rapid increase in judicial business, have increased above the average for clerks in his salary grouping.

The decision of the Administrative Officer of the Courts under this subsection shall be final. This subsection shall not apply to a clerk who has served less than one year in office."

Sec. 6.  G.S. 7A-104 is repealed, and a new Section 7A-104, with different subject matter, is inserted in its place, as follows:

"G.S. 7A-104.  Suspension, Removal, Reinstatement of Clerk. A clerk of Superior Court may be suspended or removed from office, and reinstated, for the same causes and under the same procedures as are applicable to a District Court Judge, except that the procedure shall be initiated by the filing of a sworn affidavit with the chief District Judge of the district in which the clerk resides. If suspension is ordered, the senior Regular Resident Superior Court Judge shall appoint some qualified person to act as clerk during the period of the suspension."

Sec. 7.  G.S. 7A-105 is rewritten to read as follows:

"G.S. 7A-105.  Bonds of Clerks, Assistant and Deputy Clerks, and Employees of Office. The Administrative Officer of the Courts may require, or purchase, in such amounts as he deems proper, individual or blanket bonds for any and all clerks of Superior Court, assistant clerks, deputy clerks, and other persons employed in the offices of the various clerks of Superior Court, or one blanket bond covering all such clerks and other persons, such bond or bonds to be conditioned upon faithful performance of duty, and made payable to the State. The premiums shall be paid by the State."

Sec. 8.  G.S. 7A-133 is amended by deleting the chart therein, and inserting in lieu thereof the following chart:

Full-

time                                                                              Additional

Asst.                               Magistrates                            Seats of

District    Judges      Pros.      County          Min. – Max.                       Court

1            2             0         Camden           1         2

Chowan           2         3

Currituck          1         2

Dare                 2         3

Gates               2         3

Pasquotank      3         4

Perquimans       2         3

2            2             0         Martin              3         4

Beaufort           3         4

Tyrrell              1         2

Hyde                2         3

Washington      3         4

3            4             1         Craven             5         7

Pitt                   8         10                         Farmville

                                                                                                            Ayden

Pamilico           2         3

Carteret            4         5

4            4             1         Sampson          5         7

Duplin              6         8

Jones                2         3

Onslow            5         7

5            3             0         New Hanover   6         8

Pender             4         6

6            3             0         Northhampton  5         6                      Roanoke Rapids

Halifax              7         9

Bertie               4         5

Hertford           5         6

7            4             1         Nash                7         9                         Rocky Mount

Edgecombe      4         6                         Rocky Mount

Wilson              4         6

8            4             1         Wayne             5         7                         Mount Olive

Greene             2         3

Lenoir              4         6

9            3             0         Person              3         4

Granville           3         4

Vance              3         4

Warren             3         4

Franklin            3         4

10          5             2         Wake               12       16                             Apex

                                                                                                               Wendell

                                                                                                            Fuquay-Varina

11          4             1         Harnett             5         7                               Dunn

Johnston           8         10                         Benson and

                                                                                                                 Selma

Lee                  3         5

12          4             2         Cumberland      10       15

Hoke                2         3

13          2             0         Bladen              4         6

Brunswick        4         6                         Shallotte

Columbus         6         8                         Tabor City

14          3             0         Durham            6         8

15          4             1         Alamance         7         9                         Burlington

Chatham           3         4                         Siler City

Orange             4         6                         Chapel Hill

16          3             1         Robeson           8         12                       Fairmont

                                                                                                                 Maxton

                                                                                                                 Red Springs

                                                                                                                 Rowland

                                                                                                                 St. Pauls

Scotland           2         3

18          6             3         Guilford            15       20                       High Point

20          4             1         Stanly               4         5

Union               4         6

Anson              3         4

Richmond         4         5

Moore              4         5                         Southern Pines

21          5             2         Forsyth             10       15                       Kernersville

24          2             0         Avery               2         3

Madison           3         4

Mitchell            3         4

Watauga           3         4

Yancey             2         3

25          3             1         Burke               4         6                         Hickory

Caldwell           4         6

Catawba          6         9

26          6             3         Mecklenburg    15       25

 

27          5             1         Cleveland         5         8

Mitchell            10       18

Lincoln             3         5

29          3             1         Henderson        4         6

McDowell        3         4

Polk                 2         3

Rutherfordton   6         8

Transylvania     2         3

30          2             0         Cherokee         2         3

Clay                 1         2

Graham            2         3

Haywood         4         6                         Canton

Jackson            2         3

Macon             2         3

Swain               2         3

Sec. 9.  G.S. 7A-134 is amended in line 2 by striking the figure "100,000", and inserting in lieu thereof, the figure "85,000".

Sec. 10.  G.S. 7A-144 is rewritten to read as follows:

"G.S. 7A-144.  Compensation. Each Judge shall receive the annual salary provided in the Budget Appropriations Act, and reimbursement on the same basis as State employees generally, for his necessary travel and subsistence expenses."

Sec. 11.  G.S. 7A-148 is amended by designating the present Section as subsection "(a)", and by adding the following subsection "(b)":

"(b)      The chief District Judges shall prescribe a multicopy uniform traffic ticket and complaint for exclusive use in each county of the State not later than December 31, 1970."

Sec. 12.  G.S. 7A-161 is rewritten to read as follows: "Each District Court prosecutor shall receive the annual salary provided in the Budget Appropriations Act, and reimbursement, on the same basis as State employees generally, for his necessary travel and subsistence expenses."

Sec. 13.  G.S. 7A-164 is amended by rewriting the fourth sentence thereof to read as follows: "He shall receive the annual salary provided in the Budget Appropriations Act, and reimbursement, on the same basis as State employees generally, for his necessary travel and subsistence expenses."

Sec. 14.  G.S. 7A-165 is amended by rewriting the last paragraph thereof to read as follows: "Attorneys designated under the authority of this Section shall receive thirty-five dollars ($35.00) per diem for each day, not in excess of five days per week, they serve as assistant prosecutors, and they shall serve for such time as may be authorized by the Administrative Officer of the Courts. Assistant prosecutors shall also receive reimbursement for travel and subsistence expenses on the same basis as State employees generally."

Sec. 15.  G.S. 7A-171 is amended in the following particulars:

(1)        The third sentence of subsection (b) is rewritten to read as follows: "Not later than the first Monday in October of each even-numbered year, the clerk of Superior Court shall submit to the senior Regular Resident Superior Court Judge of his district the names of two (or more, if requested by the Judge) nominees for each magisterial office in the minimum quota established for the county, specifying as to each nominee the salary level for which nominated."

(2)        The third sentence of subsection (c) is rewritten to read as follows: "Within 15 days after the receipt of this certification the clerk of Superior Court shall submit to the senior Regular Resident Superior Court Judge of his district the names of two (or more, if requested by the Judge) nominees for each additional magisterial office, specifying as to each nominee the salary level for which nominated."

(3)        The second sentence of subsection (d) is rewritten to read as follows: "Whether the magistrate in whose office a vacancy occurs was appointed to fill the minimum quota or as an additional appointment, the clerk of the Superior Court shall within 30 days after such vacancy occurs submit to the senior Regular Resident Superior Court Judge the names of two (or more, if requested by the Judge) nominees for the office vacated, and at the same salary level."

Sec. 16.  G.S. 7A-180 is amended by deleting the citation "G.S. 2-42" in line six of subparagraph (3) thereof, and inserting in lieu thereof the word "law"; by deleting the word "and" between subparagraphs (6) and(7); by renumbering subparagraph (7) as subparagraph (8); and inserting a new subparagraph (7) to read as follows: "(7) Has the power, in traffic cases, upon waiver of a preliminary examination, to set bail, in accordance with a bail schedule furnished by the chief District Judge; and".

Sec. 17.  G.S. 7A-181 is amended by deleting the word "and" in line four; by changing the period at the end of the Section to a semicolon, and adding the word "and"; and by adding a new subparagraph "(3)" to read as follows: "(3) Have the same power as the clerk of Superior Court, with respect to traffic cases in which a preliminary examination is waived, to set bail."

Sec. 18.  G.S. 7A-182 is amended by numbering the present Section as subsection "(a)", and adding a subsection "(b)" to read as follows:

"(b)      If an additional seat of a District Court is designated for any municipality located in more than one county of a district, the clerical functions for that seat of court shall be provided by the clerks of Superior Court of the contiguous counties, in accordance with standing rules issued by the chief District Judge, after consultation with the clerks concerned and a committee of the district bar appointed for this purpose."

Sec. 19.  Following G.S. 7A-198, a new Section is inserted to read as follows:

"G.S. 7A-199.  Special Venue Rule When District Court Sits Without Jury in Seat of Court Lying in More Than One County; Where Judgments Recorded. (a) In any non-jury civil action or juvenile matter properly pending in the District Court division, regularly assigned for a hearing or trial before a District Judge at a seat of the District Court in a municipality the corporate limits of which extend into two or more contiguous counties, venue is properly laid for such trial or hearing if by statute or common law it is properly laid in any of the contiguous counties.

(b)        In any jury civil action regularly assigned for a hearing or trial before a District Judge at a seat of the District Court in a municipality the corporate limits of which extend into two or more contiguous counties, venue is properly laid for such jury trial if by statute or common law it is properly laid in any of the contiguous counties; provided, however, any such action shall be instituted in the county of proper venue, and the jurors summoned shall be from the county where such action was instituted. Notwithstanding the fact that the place of trial within such municipality is in a different county from the county where such action was commenced, the sheriff of the county where such action was commenced is authorized to summon the jurors to appear at such place of trial. Such jurors shall be subject to the same challenge as other jurors, except challenges for nonresidence in the county of trial.

(c)        A District Court Judge sitting at a seat of court described in this Section may, in criminal cases, conduct preliminary hearings and try misdemeanors arising within the corporate limits of the municipality plus the territory embraced within a distance of one mile in all directions therefrom.

(d)        The judgment or order rendered in any civil action or juvenile matter heard or tried under the authority of this Section shall be recorded in the county where the action was commenced. The judgment or finding of probable cause or other determination in any criminal action heard or tried under the authority of this Section shall be recorded in the county where the offense was committed."

Sec. 20.  G.S. 7A-218 is amended by deleting the last sentence.

Sec. 21.  G.S. 7A-223 is amended by rewriting the second sentence to read as follows: "In such event, the clerk withdraws assignment of the action from the magistrate and immediately gives written notice of withdrawal, by any convenient means, to the plaintiff and the magistrate to whom the action has been assigned."

Sec. 22.  G.S. 7A-255 is amended in line six, by deleting the words "throughout the State," and inserting in lieu thereof, the words, "as general process of the State".

Sec. 23  G.S. 7A-259 is redesignated subsection "(a)", and subsection "(b)" is added, to read as follows: "(b) When a District Court is established in a district, any Superior Court Judge authorized to hear and determine motions to transfer may, on his own motion, subject to the requirements of subsection (a), transfer to the District Court cases pending in the Superior Court."

Sec. 24.  G.S. 7A-271 is redesignated subsection "(a)" and subsection "(b)" is added, to read as follows: "(b) When a District Court is established in a district, any Superior Court Judge presiding over a criminal session of court shall order transferred to the District Court any pending misdemeanor which does not fall within the provisions of subsection (a), and which is not pending in the Superior Court on appeal from a lower court."

Sec. 25.  G.S. 7A-292 is amended by deleting the word "and" at the end of subparagraph (4); by renumbering subparagraph (5) as subparagraph (14); and by inserting new subparagraphs (5) through (13), to read as follows:

"(5)      To take affidavits for the verification of pleadings;

(6)        To appoint assessors to allot property for homestead and personal property exemptions, as provided in G.S. 1-386;

(7)        To issue writs of habeas corpus ad testificandum, as provided in G.S. 17-41;

(8)        To assign a year's allowance to the surviving spouse and a child's allowance to the children as provided in Chapter 30, Article 4, of the General Statutes;

(9)        To take acknowledgments of instruments, as provided in G.S. 47-1;

(10)      To perform the marriage ceremony, as provided in G.S. 51-1;

(11)      To take acknowledgment of a written contract or separation agreement between husband and wife, and to make a private examination of the wife, as provided in G.S. 52-6;

(12)      To conduct proceedings for the valuation of a division fence, as provided in G.S. 68-10;

(13)      To assess contribution for damages or for work done on a dam, canal, or ditch, as provided in G.S. 156-15; and".

Sec. 26.  Following G.S. 7A-292, a new Section is inserted, to read as follows: "G.S. 7A-293. Special Authority of a Magistrate Assigned to a Municipality Located in More Than One County of a District Court District. A magistrate assigned to an incorporated municipality, the boundaries of which lie in more than one county of a District Court district, may, in criminal matters, exercise the powers granted by G.S. 7A-273 as if the corporate limits plus the territory embraced within a distance of one mile in all directions therefrom were located wholly within the magistrate's county of residence. Appeals from a magistrate exercising the authority granted by this Section shall be taken in the District Court in the county in which the offense was committed. A magistrate exercising the special authority granted by this Section shall transmit all records, reports, and monies collected to the clerk of the Superior Court of the county in which the offense was committed."

Sec. 27.  G.S. 7A-304(a) is amended in that the introductory words before the colon in line four are rewritten to read as follows: "In every criminal case in the Superior or District Court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the prosecuting witness, the following costs shall be assessed, except that when the judgment imposes an active prison sentence, costs shall be assessed only when the judgment specifically so provides:".

Sec. 28.  G.S. 7A-304 is amended by rewriting the last sentence of subparagraph (a)(2) to read as follows: "In the event the funds derived from the facilities fees exceed what is needed for these purposes, the county or municipality may, with the approval of the Administrative Officer of the Courts as to the amount, use any or all of the excess to retire outstanding indebtedness incurred in the construction of the facilities, or to reimburse the county or municipality for funds expended in constructing or renovating the facilities (without incurring any indebtedness) within a period of two years before or after the date a District Court is established in such county, or to supplement the operations of the General Court of Justice in the county."

Sec. 29.  G.S. 7A-304 is further amended by adding a new subsection at the end thereof, to read as follows:

"(d)      In any criminal case in which the liability for costs, fines, restitution, or any other lawful charge has been finally determined, the partial payment of the same has been made to the clerk of Superior Court, and no additional payments have been made for a period of 12 months, and, in the opinion of the clerk, further payments are unlikely, the clerk shall disburse the partial payment in accordance with the following priorities:

(1)        costs due the State, with the Law Enforcement Officers' Benefit and Relief Fund last;

(2)        the facilities fee;

(3)        the arrest fee;

(4)        any other charge due the county or city, with the county first;

(5)        fines to the county school fund;

(6)        sums in restitution, prorated among the persons entitled thereto.

Partial payments made pursuant to court order for the purchase of savings bonds or for deposit in savings accounts are excepted from the provisions of this subsection."

Sec. 30.  G.S. 7A-305 is amended, in line four of subparagraph (a)(2), by deleting the words "less than" and inserting in lieu thereof the words "does not exceed"; and by inserting a new subparagraph (d)(8), to read as follows: "(8) Fees of interpreters, when authorized and approved by the court."

Sec. 31.  G.S. 7A-307(c) is amended by deleting the word "article" in line one, and inserting in lieu thereof the word "Section".

Sec. 32.  G.S. 7A-308(a) is rewritten to read as follows:

"(a)       The following miscellaneous fees and commissions shall be collected by the clerk of Superior Court and remitted to the State for the support of the General Court of Justice:

(1)....... Foreclosure under power of sale in deed of trust or mortgage............... $10.00

(2)....... Inventory of safe deposits of a decedent ................................................. 5.00

(3)....... Proceeding supplemental to execution ..................................................... 5.00

(4)....... Confession of judgment .......................................................................... 4.00

(5)....... Taking a deposition ................................................................................ 3.00

(6)....... Execution ............................................................................................... 2.00

(7)....... Notice of resumption of maiden name ..................................................... 2.00

(8)....... Taking an acknowledgment or administering an oath, or both,

with or without seal, each certificate ........................................................ 1.00

(9)....... Bond, taking justification or approving .................................................... 1.00

(10)..... Certificate, under seal ............................................................................. 1.00

(11)      Recording or docketing (including indexing) any document,

per page or fraction thereof, excluding welfare liens ................................. 1.00

(12)..... Preparation of copies, including transcripts, per page or fraction

thereof ................................................................................................... 1.00

(13)..... Substitution of trustee in deed of trust ...................................................... 1.00

(14)..... Probate of any instrument ....................................................................... 0.50

(15)      On all funds placed with the clerk by virtue of his office, to be administered by him according to the provisions of G.S. 2-53 or G.S. 28-68, a three per cent (3%) commission. On all funds placed with the clerk by virtue of his office and invested by him, a three per cent (3%) commission on the first one thousand dollars ($1,000.00), and a one per cent (1%) commission on all funds above one thousand dollars ($1,000.00)."

Sec. 33.  G.S. 7A-308(b) is amended by deleting the word "article" in lines one and four, and inserting in lieu thereof the word "Section".

Sec. 34.  G.S. 7A-311(a)(l) is hereby amended by rewriting the second sentence to read as follows: "When two or more items of civil process are served simultaneously on one party, only one two-dollar ($2.00) fee shall be charged."

Sec. 35.  G.S. 7A-317 and 7A-318 are renumbered G.S. 7A-318 and 7A-319, respectively, and a new Section 7A-317 is inserted after G.S. 7A-316, to read as follows:

"G.S. 7A-317.  Counties and Municipalities Not Required to Advance Certain Fees. Counties and municipalities are not required to advance costs for the facilities fee, the General Court of Justice fee, the miscellaneous fees enumerated in G.S. 7A-308, or the civil process fees enumerated in G.S. 7A-311."

Sec. 36.  G.S. 7A-341 is amended by rewriting the second sentence thereof to read as follows: "He shall receive the annual salary provided in the Budget Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally."

Sec. 37.  G.S. 7A-342 is amended by rewriting the second sentence thereof to read as follows: "The assistant director shall receive the annual salary provided in the Budget Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally"; and by deleting, in paragraph two, the words ", subject to the provisions of the State Personnel Act,".

Sec. 38.  G.S. 2-3 and G.S. 2-4 are amended by adding the following sentence at the end of each Section: "This Section is inapplicable in any county in which a District Court has been established."

Sec. 39.  G.S. 2-42 is amended by deleting subparagraphs (27), (28),(29), and (30).

Sec. 40.  G.S. 7-42 is hereby rewritten to read as follows: "G.S. 7-42. Salary and Expenses of Superior Court Judge. A Judge of the Superior Court shall receive the annual salary set forth in the Budget Appropriations Act, and in addition shall be allowed thirty-five hundred dollars ($3,500.00) per year, payable monthly, in lieu of necessary travel and subsistence expenses while attending court or transacting official business at a place other than in the county of his residence and in lieu of other professional expenses incurred in the discharge of his official duties."

Sec. 41.  G.S. 20-42 (b) is amended by adding the following sentence at the end thereof: "The Department shall furnish certified copies of any record required to be kept by the Department to State, county, municipal and court officials of the State for official use only, without charge."

Sec. 42.  G.S. 90-12 is amended by deleting the last sentence.

Sec. 43.  G.S. 90-115 is amended in line three by deleting the words "and filed the same, or a certified copy thereof, with the clerk of superior court of his residence,".

Sec. 44.  G.S. 90-120 is amended to read as follows:

"G.S. 90-120.  Certified Copy. Upon the request of any person entitled to a certificate of registration the Board shall issue a certified copy thereof, and the Board shall be entitled to a fee of one dollar ($1.00) for the issuance of a certified copy."

Sec. 45.  G.S. 90-197 is amended in line three by deleting the words "and cause the name of the holder to be stricken from the book of the registration by the clerk of the court in the city or county in which the name of the person whose certificate is revoked is registered.".

Sec. 46.  G.S. 90-210.1 is amended by rewriting the first sentence to read as follows: "All persons receiving a license as an embalmer under the provisions of this Article shall register the fact at the office of the board of health of the city or county in which it is proposed to carry on said practice and shall display said license in a conspicuous place in the office of such licentiate."

Sec. 47.  G.S. 90-210.12 is amended by rewriting the first sentence to read as follows: "All persons receiving a license as a funeral director under the provisions of this Article shall register the fact at the office of the board of health of the city or county in which it is proposed to carry on said practice and shall display said license in a conspicuous place in the office of such licentiate."

Sec. 48.  G.S. 90-210.17 is amended in line three of subparagraph (d) by deleting the words "and where there is no board of health, with the clerk of the Superior Court in the county in which the establishment is located,".

Sec. 49.  G.S. 90-243 is amended to read as follows:

"G.S. 90-243.  Certified Copy. Upon the request of any person to whom a certificate has been issued the Board shall issue a certified copy thereof. The Board shall be entitled to a fee of one dollar ($1.00) for the issuance of a certified copy."

Sec. 50.  G.S. 105-93 is amended by adding the following subsection at the end thereof: "(g) This Section shall not apply in any county in which the District Court has been established."

Sec. 51.  G.S. 114-2(1) is amended, in line one, by deleting the words "Supreme Court," and inserting in lieu thereof, the words "Appellate Division".

Sec. 52.  G.S. 143-166 is amended by rewriting the last sentence of the first paragraph of subsection (a) to read as follows: "The local custodian of such costs shall monthly transmit such moneys to the State Treasurer, with a statement of the case in which the same has been collected, except that the requirement to submit a statement of the case does not apply in District Court counties. The costs assessed under this Article shall not apply to violations of municipal ordinances, unless a warrant is actually issued and served. A county or municipality shall pay no part of the costs or assessments."

Sec. 53.  G.S. 147-36(4) is rewritten to read as follows: "To distribute annually the statutes and the legislative journals;".

Sec. 54.  G.S. 147-45 is amended by rewriting so much of the first sentence as appears before the chart to read as follows:

"G.S. 147-45.  Distribution of Copies of State Publications. The Secretary of State (and the Administrative Officer of the Courts, with respect to Supreme Court Reports) shall, at the State's expense, as soon as possible after publication, distribute such number of copies of the Session Laws, and Senate and House Journals, to federal, State and local governmental officials, departments and agencies, and to educational institutions for instructional and exchange use, as is set out in the table below:".

Sec. 55.  G.S. 147-48 is rewritten to read as follows:

"G.S. 147-48.  Sale of Laws and Journals. Such Laws and Journals as may be printed in excess of the number directed to be distributed, the Secretary of State may sell at such price as he deems reasonable, not exceeding cost plus ten per cent (10%). The Secretary may allow the regular licensed book-sellers in this State a discount on Laws and Journals not exceeding twelve and one-half per cent (12 a 1/2%). All proceeds received from sales made pursuant to this Section shall be paid into the State treasury."

Sec. 56.  G.S. 147-49 is rewritten to read as follows:

"G.S. 147-49.  Disposition of Damaged and Unsaleable Publications. The Secretary of State is hereby authorized and empowered to dispose of damaged and unsaleable House and Senate Journals and Public Laws of various years at a price to be determined by the Secretary of State."

Sec. 57.  Section 7A-6 of Chapter 108, Session Laws of 1967, ratified on March 29, 1967, is amended by inserting the following sentences between the first and second sentences of subsection (b) thereof: "He shall select a printer for the reports and prescribe such contract terms as will insure issuance of the reports as soon as practicable after a sufficient number of opinions are filed. He shall make such contract after consultation with the Division of Purchase and Contract and comparison of prices for similar work in other states to such an extent as may be practicable."

Sec. 58.  Partial Invalidity. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Sec. 59.  G.S. Chapter 7, Article 14A, Articles 32 through 35A, G.S. 7-92.4, 83-14, 90-17, 90-19, 90-20, 90-135, 90-152, 90-196, and all other laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 60.  Except as otherwise provided in this Act, this Act shall become effective on July 1, 1967.

In the General Assembly read three times and ratified, this the 6th day of June, 1967.