                                 CODE OF VIRGINIA

ADDITIONAL FEE TO BE ASSESSED BY CIRCUIT COURT CLERKS FOR INFORMATION TECHNOLOGY
(§ 17.1-279)

A. In addition to the fees otherwise authorized by this chapter, the clerk of
each circuit court shall assess a $5 fee, known as the &#8220;Technology Trust
Fund Fee,&#8221; 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 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 Board
from the trust fund for the purposes of: (i) developing and updating individual
land records automation plans for individual circuit court clerks&#8217;
offices; (ii) implementing automation plans to modernize land records in
individual circuit court clerks&#8217; offices and provide secure remote access
to land records throughout the Commonwealth pursuant to &#xA7; 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. 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&#8217; 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&#8217;s proposed technology
improvements of his land records will provide secure remote access to those land
records on or before July 1, 2008.
			The annual budget submitted by each circuit court clerk pursuant to &#xA7;
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&#8217; offices, at the request of and in consultation with the individual
circuit court clerk&#8217;s offices, and (ii) for the purposes enumerated in
subsection B to implement the plan to modernize land records in individual
circuit court clerks&#8217; 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&#8217; 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&#8217;s proposed technology improvements of his land records will provide
secure remote access to those land records on or before July 1, 2008.

D. 1. Secure remote access to land records shall be by paid subscription service
through individual circuit court clerk&#8217;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&#8217; offices to the Compensation Board. The individual circuit court
clerk&#8217;s office or its designated application service provider shall
certify compliance with such secure remote access standards. Nothing in this
section shall prohibit the clerk from entering into a subscriber agreement with
an agency of the Commonwealth and delegating the responsibility for compliance
with such secure remote access standards to such agency. Nothing in this section
shall prohibit the Compensation Board from allocating trust fund money to
individual circuit court clerks&#8217; 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 &#xA7; 17.1-294 on or before July 1, 2008.

E. 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. 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 &#xA7; 17.1-502, the circuit court clerk, or the
court&#8217;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. 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. 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 &#xA7; 15.2-1656. Revenue raised as a result of this section
shall in no way supplant current funding to circuit court clerks&#8217; 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, including transfers to
the general fund.

HISTORY: 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; 2014, c. 460.