Title 47, Chapter 16, Section 61
( 47-16-61)
(a) In addition to all other legal costs, the sum of $1.00 shall be
charged and collected in each civil action, case, or proceeding,
including, without limiting the generality of the foregoing, all
adoptions, charters, certiorari, applications by personal
representative for leave to sell or invest, trade name
registrations, applications for change of name, and all other
proceedings of a civil nature filed in the superior courts. The
clerks of the superior courts shall collect such fees, and the fees
so collected shall be remitted to the board quarterly or at such
other time as the board may provide. It shall be the duty of the
clerks of the superior courts to keep accurate records of the
amounts due the board under this subsection, and such records may be
audited by the board at any time. The sums remitted to the board
under this subsection shall be used only for the purposes provided
for in this chapter. (b) In addition to all other legal costs, the sum of $1.00 shall be
charged and collected in each civil action, case, or proceeding,
including, without limiting the generality of the foregoing, all
adoptions, charters, certiorari, applications by personal
representative for leave to sell or invest, trade name
registrations, applications for change of name, and all other
proceedings of a civil nature filed in the state courts and
magistrate courts of this state in which the sheriff of the superior
court also fulfills the function as sheriff of such inferior court.
The clerks of such state courts and magistrate courts shall collect
such fees, and the fees so collected shall be remitted to the board
quarterly or at such other time as the board may provide. It shall
be the duty of the clerks of such state courts and magistrate courts
to keep accurate records of the amounts due the board under this
subsection, and such records may be audited by the board at any
time. The sums remitted to the board under this subsection shall be
used only for the purposes provided for in this chapter. (c) If the person or authority whose duty it is to collect and remit
moneys to the secretary-treasurer under subsection (a) or subsection
(b) of this Code section shall fail to remit such moneys within 60
days of the date on which such remittal is due, such moneys shall be
delinquent; and there shall be imposed, in addition to the principal
amount due, a specific penalty in the amount of 5 percent of the
principal amount per month for each month during which the moneys
continue to be delinquent, provided that such penalty shall not
exceed a total of 25 percent of the principal due. In addition to
such penalty, interest shall be charged on the delinquent moneys at
the rate of 6 percent per annum from the date such moneys become
delinquent until they are paid. By affirmative vote of all the
members, the board upon the payment of the delinquent moneys,
together with interest, for good cause shown may waive the specific
penalty otherwise charged under this subsection. |