§ 17.1-279. Additional fee to be assessed by circuit court clerks forinformation technology.
A. In addition to the fees otherwise authorized by this chapter, the clerk ofeach circuit court shall assess a $5 fee, known as the "Technology TrustFund Fee," in each civil action, upon each instrument to be recorded in thedeed books, and upon each judgment to be docketed in the judgment lien docketbook. Such fee shall be deposited by the State Treasurer into a trust fund.The State Treasurer shall maintain a record of such deposits.
B. Four dollars of every $5 fee shall be allocated by the Compensation Boardfrom the trust fund for the purposes of: (i) developing and updatingindividual land records automation plans for individual circuit court clerks'offices; (ii) implementing automation plans to modernize land records inindividual circuit court clerks' offices and provide secure remote access toland records throughout the Commonwealth pursuant to § 17.1-294; (iii)obtaining and updating office automation and information technology equipmentincluding software and conversion services; (iv) preserving, maintaining andenhancing court records, including, but not limited to, the costs of repairs,maintenance, land records, consulting services, service contracts, redactionof social security numbers from land records, and system replacements orupgrades; and (v) improving public access to court records. The CompensationBoard in consultation with circuit court clerks and other users of courtrecords shall develop and update policies governing the allocation of fundsfor these purposes. However, such funds shall not be used for personnel costswithin the circuit court clerks' offices. The Compensation Board policiesgoverning the allocation of funds shall require that a clerk submit to theCompensation Board a written certification that the clerk's proposedtechnology improvements of his land records will provide secure remote accessto those land records on or before July 1, 2008.
The annual budget submitted by each circuit court clerk pursuant to §15.2-1636.7 may include a request for technology improvements in the upcomingfiscal year to be allocated by the Compensation Board from the trust fund.Such request shall not exceed the deposits into the trust fund credited tothat locality. The Compensation Board shall allocate the funds requested bythe clerks in an amount not to exceed the deposits into the trust fundcredited to their respective localities.
C. The remaining $1 of each such fee may be allocated by the CompensationBoard from the trust fund (i) for the purposes of funding studies to developand update individual land-records automation plans for individual circuitcourt clerks' offices, at the request of and in consultation with theindividual circuit court clerk's offices, and (ii) for the purposesenumerated in subsection B to implement the plan to modernize land records inindividual circuit court clerks' offices and provide secure remote access toland records throughout the Commonwealth. The allocations pursuant to thissubsection may give priority to those individual clerks' offices whosedeposits into the trust fund would not be sufficient to implement itsmodernization plan. The Compensation Board policies governing the allocationof funds shall require that a clerk submit to the Compensation Board awritten certification that the clerk's proposed technology improvements ofhis land records will provide secure remote access to those land records onor before July 1, 2008.
D. 1. Secure remote access to land records shall be by paid subscriptionservice through individual circuit court clerk's offices pursuant to §17.1-276, or through designated application service providers. The clerk mayrequire any entity that is a nonresident of the Commonwealth, prior tobecoming a subscriber, to demonstrate that such entity is authorized to dobusiness in Virginia and is in good standing with the State CorporationCommission or other applicable state or federal regulatory agency and thatsuch entity will comply with the secure remote access standards developed bythe Virginia Information Technologies Agency pursuant to § 17.1-294. In thecase of an individual, the clerk may require a person who is a nonresident ofthe Commonwealth to demonstrate that such person has a legal presence inVirginia and will comply with the secure remote access standards developed bythe Virginia Information Technologies Agency pursuant to § 17.1-294.Compliance with secure remote access standards developed by the VirginiaInformation Technologies Agency pursuant to § 17.1-294 shall be certified bythe individual circuit court clerks' offices to the Compensation Board. Theindividual circuit court clerk's office or its designated application serviceprovider shall certify compliance with such secure remote access standards.Nothing in this section shall prohibit the Compensation Board from allocatingtrust fund money to individual circuit court clerks' offices for the purposeof complying with such secure remote access standards or redaction of socialsecurity numbers from land records.
2. Every circuit court clerk shall provide secure remote access to landrecords pursuant to § 17.1-294 on or before July 1, 2008.
E. Such fee shall not be assessed to any instrument to be recorded in thedeed books nor any judgment to be docketed in the judgment lien docket bookstendered by any federal, state or local government.
F. If such an application includes automation or technology improvements thatwould require an interface with the case management system or the financialmanagement system operated and maintained by the Executive Secretary of theSupreme Court for the purpose of providing electronic information to stateagencies in accordance with § 17.1-502, the circuit court clerk, or thecourt's designated application service provider, shall certify to theCompensation Board that such automation or technology improvements willcomply with the security and data standards of the systems operated andmaintained by the Executive Secretary of the Supreme Court.
G. Information regarding the technology programs adopted by the circuit courtclerks shall be shared with the Virginia Information Technologies Agency, TheLibrary of Virginia, and the Office of the Executive Secretary of the SupremeCourt.
H. Nothing in this section shall be construed to diminish the duty of localgoverning bodies to furnish supplies and equipment to the clerks of thecircuit courts pursuant to § 15.2-1656. Revenue raised as a result of thissection shall in no way supplant current funding to circuit court clerks'offices by local governing bodies.
I. Effective July 1, 2006, except for transfers pursuant to this section,there shall be no transfers out of the Technology Trust Fund, includingtransfers to the general fund.
(1996, c. 431, § 14.1-125.2; 1997, c. 675; 1998, c. 872; 2000, cc. 440, 446;2002, cc. 140, 250, 637; 2003, cc. 205, 865, 981, 1021; 2004, c. 676; 2005,cc. 681, 738; 2006, c. 647; 2007, cc. 548, 626; 2009, cc. 793, 858; 2010, c.430.)
§ 17.1-279. Additional fee to be assessed by circuit court clerks forinformation technology.
A. In addition to the fees otherwise authorized by this chapter, the clerk ofeach circuit court shall assess a $5 fee, known as the "Technology TrustFund Fee," in each civil action, upon each instrument to be recorded in thedeed books, and upon each judgment to be docketed in the judgment lien docketbook. Such fee shall be deposited by the State Treasurer into a trust fund.The State Treasurer shall maintain a record of such deposits.
B. Four dollars of every $5 fee shall be allocated by the Compensation Boardfrom the trust fund for the purposes of: (i) developing and updatingindividual land records automation plans for individual circuit court clerks'offices; (ii) implementing automation plans to modernize land records inindividual circuit court clerks' offices and provide secure remote access toland records throughout the Commonwealth pursuant to § 17.1-294; (iii)obtaining and updating office automation and information technology equipmentincluding software and conversion services; (iv) preserving, maintaining andenhancing court records, including, but not limited to, the costs of repairs,maintenance, land records, consulting services, service contracts, redactionof social security numbers from land records, and system replacements orupgrades; and (v) improving public access to court records. The CompensationBoard in consultation with circuit court clerks and other users of courtrecords shall develop and update policies governing the allocation of fundsfor these purposes. However, such funds shall not be used for personnel costswithin the circuit court clerks' offices. The Compensation Board policiesgoverning the allocation of funds shall require that a clerk submit to theCompensation Board a written certification that the clerk's proposedtechnology improvements of his land records will provide secure remote accessto those land records on or before July 1, 2008.
The annual budget submitted by each circuit court clerk pursuant to §15.2-1636.7 may include a request for technology improvements in the upcomingfiscal year to be allocated by the Compensation Board from the trust fund.Such request shall not exceed the deposits into the trust fund credited tothat locality. The Compensation Board shall allocate the funds requested bythe clerks in an amount not to exceed the deposits into the trust fundcredited to their respective localities.
C. The remaining $1 of each such fee may be allocated by the CompensationBoard from the trust fund (i) for the purposes of funding studies to developand update individual land-records automation plans for individual circuitcourt clerks' offices, at the request of and in consultation with theindividual circuit court clerk's offices, and (ii) for the purposesenumerated in subsection B to implement the plan to modernize land records inindividual circuit court clerks' offices and provide secure remote access toland records throughout the Commonwealth. The allocations pursuant to thissubsection may give priority to those individual clerks' offices whosedeposits into the trust fund would not be sufficient to implement itsmodernization plan. The Compensation Board policies governing the allocationof funds shall require that a clerk submit to the Compensation Board awritten certification that the clerk's proposed technology improvements ofhis land records will provide secure remote access to those land records onor before July 1, 2008.
D. 1. Secure remote access to land records shall be by paid subscriptionservice through individual circuit court clerk's offices pursuant to §17.1-276, or through designated application service providers. The clerk mayrequire any entity that is a nonresident of the Commonwealth, prior tobecoming a subscriber, to demonstrate that such entity is authorized to dobusiness in Virginia and is in good standing with the State CorporationCommission or other applicable state or federal regulatory agency and thatsuch entity will comply with the secure remote access standards developed bythe Virginia Information Technologies Agency pursuant to § 17.1-294. In thecase of an individual, the clerk may require a person who is a nonresident ofthe Commonwealth to demonstrate that such person has a legal presence inVirginia and will comply with the secure remote access standards developed bythe Virginia Information Technologies Agency pursuant to § 17.1-294.Compliance with secure remote access standards developed by the VirginiaInformation Technologies Agency pursuant to § 17.1-294 shall be certified bythe individual circuit court clerks' offices to the Compensation Board. Theindividual circuit court clerk's office or its designated application serviceprovider shall certify compliance with such secure remote access standards.Nothing in this section shall prohibit the Compensation Board from allocatingtrust fund money to individual circuit court clerks' offices for the purposeof complying with such secure remote access standards or redaction of socialsecurity numbers from land records.
2. Every circuit court clerk shall provide secure remote access to landrecords pursuant to § 17.1-294 on or before July 1, 2008.
E. Such fee shall not be assessed to any instrument to be recorded in thedeed books nor any judgment to be docketed in the judgment lien docket bookstendered by any federal, state or local government.
F. If such an application includes automation or technology improvements thatwould require an interface with the case management system or the financialmanagement system operated and maintained by the Executive Secretary of theSupreme Court for the purpose of providing electronic information to stateagencies in accordance with § 17.1-502, the circuit court clerk, or thecourt's designated application service provider, shall certify to theCompensation Board that such automation or technology improvements willcomply with the security and data standards of the systems operated andmaintained by the Executive Secretary of the Supreme Court.
G. Information regarding the technology programs adopted by the circuit courtclerks shall be shared with the Virginia Information Technologies Agency, TheLibrary of Virginia, and the Office of the Executive Secretary of the SupremeCourt.
H. Nothing in this section shall be construed to diminish the duty of localgoverning bodies to furnish supplies and equipment to the clerks of thecircuit courts pursuant to § 15.2-1656. Revenue raised as a result of thissection shall in no way supplant current funding to circuit court clerks'offices by local governing bodies.
I. Effective July 1, 2006, except for transfers pursuant to this section,there shall be no transfers out of the Technology Trust Fund, includingtransfers to the general fund.
(1996, c. 431, § 14.1-125.2; 1997, c. 675; 1998, c. 872; 2000, cc. 440, 446;2002, cc. 140, 250, 637; 2003, cc. 205, 865, 981, 1021; 2004, c. 676; 2005,cc. 681, 738; 2006, c. 647; 2007, cc. 548, 626; 2009, cc. 793, 858; 2010, c.430.)
§ 17.1-279. Additional fee to be assessed by circuit court clerks forinformation technology.
A. In addition to the fees otherwise authorized by this chapter, the clerk ofeach circuit court shall assess a $5 fee, known as the "Technology TrustFund Fee," in each civil action, upon each instrument to be recorded in thedeed books, and upon each judgment to be docketed in the judgment lien docketbook. Such fee shall be deposited by the State Treasurer into a trust fund.The State Treasurer shall maintain a record of such deposits.
B. Four dollars of every $5 fee shall be allocated by the Compensation Boardfrom the trust fund for the purposes of: (i) developing and updatingindividual land records automation plans for individual circuit court clerks'offices; (ii) implementing automation plans to modernize land records inindividual circuit court clerks' offices and provide secure remote access toland records throughout the Commonwealth pursuant to § 17.1-294; (iii)obtaining and updating office automation and information technology equipmentincluding software and conversion services; (iv) preserving, maintaining andenhancing court records, including, but not limited to, the costs of repairs,maintenance, land records, consulting services, service contracts, redactionof social security numbers from land records, and system replacements orupgrades; and (v) improving public access to court records. The CompensationBoard in consultation with circuit court clerks and other users of courtrecords shall develop and update policies governing the allocation of fundsfor these purposes. However, such funds shall not be used for personnel costswithin the circuit court clerks' offices. The Compensation Board policiesgoverning the allocation of funds shall require that a clerk submit to theCompensation Board a written certification that the clerk's proposedtechnology improvements of his land records will provide secure remote accessto those land records on or before July 1, 2008.
The annual budget submitted by each circuit court clerk pursuant to §15.2-1636.7 may include a request for technology improvements in the upcomingfiscal year to be allocated by the Compensation Board from the trust fund.Such request shall not exceed the deposits into the trust fund credited tothat locality. The Compensation Board shall allocate the funds requested bythe clerks in an amount not to exceed the deposits into the trust fundcredited to their respective localities.
C. The remaining $1 of each such fee may be allocated by the CompensationBoard from the trust fund (i) for the purposes of funding studies to developand update individual land-records automation plans for individual circuitcourt clerks' offices, at the request of and in consultation with theindividual circuit court clerk's offices, and (ii) for the purposesenumerated in subsection B to implement the plan to modernize land records inindividual circuit court clerks' offices and provide secure remote access toland records throughout the Commonwealth. The allocations pursuant to thissubsection may give priority to those individual clerks' offices whosedeposits into the trust fund would not be sufficient to implement itsmodernization plan. The Compensation Board policies governing the allocationof funds shall require that a clerk submit to the Compensation Board awritten certification that the clerk's proposed technology improvements ofhis land records will provide secure remote access to those land records onor before July 1, 2008.
D. 1. Secure remote access to land records shall be by paid subscriptionservice through individual circuit court clerk's offices pursuant to §17.1-276, or through designated application service providers. The clerk mayrequire any entity that is a nonresident of the Commonwealth, prior tobecoming a subscriber, to demonstrate that such entity is authorized to dobusiness in Virginia and is in good standing with the State CorporationCommission or other applicable state or federal regulatory agency and thatsuch entity will comply with the secure remote access standards developed bythe Virginia Information Technologies Agency pursuant to § 17.1-294. In thecase of an individual, the clerk may require a person who is a nonresident ofthe Commonwealth to demonstrate that such person has a legal presence inVirginia and will comply with the secure remote access standards developed bythe Virginia Information Technologies Agency pursuant to § 17.1-294.Compliance with secure remote access standards developed by the VirginiaInformation Technologies Agency pursuant to § 17.1-294 shall be certified bythe individual circuit court clerks' offices to the Compensation Board. Theindividual circuit court clerk's office or its designated application serviceprovider shall certify compliance with such secure remote access standards.Nothing in this section shall prohibit the Compensation Board from allocatingtrust fund money to individual circuit court clerks' offices for the purposeof complying with such secure remote access standards or redaction of socialsecurity numbers from land records.
2. Every circuit court clerk shall provide secure remote access to landrecords pursuant to § 17.1-294 on or before July 1, 2008.
E. Such fee shall not be assessed to any instrument to be recorded in thedeed books nor any judgment to be docketed in the judgment lien docket bookstendered by any federal, state or local government.
F. If such an application includes automation or technology improvements thatwould require an interface with the case management system or the financialmanagement system operated and maintained by the Executive Secretary of theSupreme Court for the purpose of providing electronic information to stateagencies in accordance with § 17.1-502, the circuit court clerk, or thecourt's designated application service provider, shall certify to theCompensation Board that such automation or technology improvements willcomply with the security and data standards of the systems operated andmaintained by the Executive Secretary of the Supreme Court.
G. Information regarding the technology programs adopted by the circuit courtclerks shall be shared with the Virginia Information Technologies Agency, TheLibrary of Virginia, and the Office of the Executive Secretary of the SupremeCourt.
H. Nothing in this section shall be construed to diminish the duty of localgoverning bodies to furnish supplies and equipment to the clerks of thecircuit courts pursuant to § 15.2-1656. Revenue raised as a result of thissection shall in no way supplant current funding to circuit court clerks'offices by local governing bodies.
I. Effective July 1, 2006, except for transfers pursuant to this section,there shall be no transfers out of the Technology Trust Fund, includingtransfers to the general fund.
(1996, c. 431, § 14.1-125.2; 1997, c. 675; 1998, c. 872; 2000, cc. 440, 446;2002, cc. 140, 250, 637; 2003, cc. 205, 865, 981, 1021; 2004, c. 676; 2005,cc. 681, 738; 2006, c. 647; 2007, cc. 548, 626; 2009, cc. 793, 858; 2010, c.430.)
