12102439D
HOUSE BILL NO. 482
Offered January 11, 2012
Prefiled January 10, 2012
A BILL to amend and reenact §17.1-279 of the Code of
Virginia, relating to circuit court clerks; technology fee.
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Patrons-- Iaquinto and Surovell
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That §17.1-279 of the Code of Virginia is amended
and reenacted as follows:
§17.1-279. Additional fee to be assessed by circuit court
clerks for information technology.
A. In addition to the fees otherwise authorized by this
chapter, the clerk of each circuit court shall assess a $5 $4 fee, known as the "Local Technology Trust Fund
Fee," in each civil action, upon each instrument to be recorded in the
deed books, and upon each judgment to be docketed in the judgment lien docket
book. Such The
fee shall be paid to the clerk's office and
deposited by the State Treasurer clerk into a trust the clerk's nonreverting local
fund to be used to cover operational expenses as set
forth in §17.1-276. The State Treasurer clerk shall maintain a record
of such deposits.
B. Four dollars of every $5 fee
shall In addition to the fees
otherwise authorized by this chapter, the clerk of each circuit court shall
assess a $1 fee, known as the "State Technology Trust Fund Fee," in
each civil action, upon each instrument to be recorded in the deed books, and
upon each judgment to be docketed in the judgment lien docket book. The fee
shall be paid by the clerk to the State Treasurer and deposited by the State
Treasurer into a trust fund. The fee may
be allocated by the Compensation Board from the trust fund to
individual circuit court clerks' offices
whose deposits into the clerk's nonreverting local fund pursuant to subsection A are not sufficient
for the purposes of: (i) developing and updating individual land records
automation plans for such
individual circuit court clerks' offices; (ii) implementing automation plans to
modernize land records in such
individual circuit court clerks' offices and provide secure remote access to
land records throughout the Commonwealth pursuant to §17.1-294; (iii)
obtaining and updating office automation and information technology equipment
including software and conversion services; (iv) preserving, maintaining and
enhancing court records, including, but not limited to, the costs of repairs,
maintenance, land records, consulting services, service contracts, redaction of
social security numbers from land records, and system replacements or upgrades;
and (v) improving public access to court records, including
locating technology in an offsite facility for such purposes or for the
implementation of a disaster recovery plan. The
Compensation Board in consultation with circuit court clerks and other users of
court records shall develop and update policies governing the allocation of
funds for these purposes. However, such funds shall not be used for personnel
costs within the circuit court clerks' offices. The Compensation Board policies
governing the allocation of funds shall require that a clerk submit to the
Compensation Board a written certification that the clerk's proposed technology
improvements of his land records will provide secure remote access
to those land records on or before July 1, 2008 comply with the provisions of this section.
The annual budget submitted
by each circuit court clerk pursuant to §15.2-1636.7 may include a request for
technology improvements in the upcoming fiscal year to be allocated by the
Compensation Board from the trust fund. Such request shall not exceed the
deposits into the trust fund credited to that locality. The Compensation Board
shall allocate the funds requested by the clerks in an amount not to exceed the
deposits into the trust fund credited to their respective localities.
C. The remaining $1 of each
such fee may be allocated by the Compensation Board from the trust fund (i) for
the purposes of funding studies to develop and update individual land-records
automation plans for individual circuit court clerks' offices, at the request
of and in consultation with the individual circuit court clerk's offices, and
(ii) for the purposes enumerated in subsection B to implement the plan to modernize
land records in individual circuit court clerks' offices and provide secure
remote access to land records throughout the Commonwealth. The allocations
pursuant to this subsection may give priority to those individual clerks'
offices whose deposits into the trust fund would not be sufficient to implement
its modernization plan. The Compensation Board policies governing the
allocation of funds shall require that a clerk submit to the Compensation Board
a written certification that the clerk's proposed technology improvements of
his land records will provide secure remote access to those land records on or
before July 1, 2008.
D.C. 1. Secure remote access to
land records shall be by paid subscription service through individual circuit
court clerk's offices pursuant to §17.1-276, or through designated application
service providers. The clerk may require any entity that is a nonresident of
the Commonwealth, prior to becoming a subscriber, to demonstrate that such
entity is authorized to do business in Virginia and is in good standing with
the State Corporation Commission or other applicable state or federal
regulatory agency and that such entity will comply with the secure remote
access standards developed by the Virginia Information Technologies Agency pursuant
to §17.1-294. In the case of an individual, the clerk may require a person who
is a nonresident of the Commonwealth to demonstrate that such person has a
legal presence in Virginia and will comply with the secure remote access
standards developed by the Virginia Information Technologies Agency pursuant to
§17.1-294. Compliance with secure remote access standards developed by the
Virginia Information Technologies Agency pursuant to §17.1-294 shall be
certified by the individual circuit court clerks' offices to the Compensation
Board. The individual circuit court clerk's office or its designated
application service provider shall certify compliance with such secure remote
access standards. Nothing in this section shall prohibit the Compensation Board
from allocating trust fund money to individual circuit court clerks' offices
for the purpose of complying with such secure remote access standards or
redaction of social security numbers from land records.
2. Every circuit court clerk shall provide secure remote
access to land records pursuant to §17.1-294 on or
before July 1, 2008.
E.D. Such fee shall not be
assessed to any instrument to be recorded in the deed books nor any judgment to
be docketed in the judgment lien docket books tendered by any federal, state or
local government.
F.E. If such an application
includes automation or technology improvements that would require an interface
with the case management system or the financial management system operated and
maintained by the Executive Secretary of the Supreme Court for the purpose of
providing electronic information to state agencies in accordance with §
17.1-502, the circuit court clerk, or the court's designated application service
provider, shall certify to the Compensation Board that such automation or
technology improvements will comply with the security and data standards of the
systems operated and maintained by the Executive Secretary of the Supreme
Court.
G.F.
Information regarding the technology programs adopted by the circuit court
clerks shall be shared with the Virginia Information Technologies Agency, The
Library of Virginia, and the Office of the Executive Secretary of the Supreme
Court.
H.G. Nothing in this section
shall be construed to diminish the duty of local governing bodies to furnish
supplies and equipment to the clerks of the circuit courts pursuant to §
15.2-1656. Revenue raised as a result of this section shall in no way supplant
current funding to circuit court clerks' offices by local governing bodies.
I.H. Effective July 1, 2006,
except for transfers pursuant to this section, there shall be no transfers out
of the Technology Trust Fund, including transfers to the general fund.
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